Madhya Pradesh Court May 2007 Judgments
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Raj Kumar Yadav Vs. Subhash Upadhyay
Court: Madhya Pradesh
Decided on: May-10-2007
Reported in: I(2008)BC131; 2008(1)MPLJ104
B.M. Gupta, J.'This is the first revision petition except this petition no other petition is pending against the same order.'1. That the learned Special Magistrate, First Class, Morena passed a conviction judgment against the applicant for two years RI. and a fine of Rs. 2 lacs and 35 thousand rupees in Criminal Case No. 4349/04 instituted by non-applicant under Section 138 of the Negotiable Instruments Act.2. That the matter was remanded in appeal by the learned Sessions Judge and later on the non-applicant produced evidence of himself which was cross-examined and in support of his evidence. The affidavits of his two real brothers were also filed in the case who were not called upon for cross-examination in whose presence the money is alleged to the given to the applicant by way of loan. These witnesses are very material in the case to support in the contention of the non-applicant. The learned Trial Court had also taken in view the uncrossed testimony of these witnesses and hence cas...
Pappu Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-09-2007
Reported in: 2007(3)MPHT40
K.S. Chauhan, J.1. This appeal has been preferred being aggrieved by the judgment, finding and sentence dated 4-3-1993 passed by the Special Judge, Sagar in Special Case No. 2/92 whereby the accused/appellant has been convicted under Section 8(c)/20(b)(i) of Narcotic Drugs & Psychotropic Substances Act, 1985 (in short 'the Act') and sentenced R.I. for one year and fine of Rs. 2,000/- in default of payment of fine to undergo further R.I. for one year.2. The prosecution case in brief is that on 27-1-1992 at 22:30 p.m. R.P. Rawat, Sub Inspector of Kotwali, Sagar during the course of his patrolling in the city received an information that Pappu Raikwar is selling ganja near Paras Talkies. On this information he went there alongwith Constable Nos. 279, 1289, 152 and laid raid in the presence of witnesses Manikant Bilaiya and Satish Kumar Soni who were available on the spot and seized 8pudiya (small packets), Rs. 56/- the amount of sale price of ganja from the pocket of the pant and 13 pudiy...
B.D. Bhanot and Sons Vs. Shri Narmada Enterprises and ors.
Court: Madhya Pradesh
Decided on: May-09-2007
Reported in: 2007(3)MPHT206
ORDERDipak Misra, J.1. In this intra-Court appeal preferred under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the sustainability and legal acceptability of the order dated 1-10-2002 passed by the learned Single Judge in W.P. No. 1055/2002 is called in question.2. The facts which are requisite to be dwelled upon are that the respondent Nos. 1 and 2 invoked the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India for issue of a writ of certiorari for quashment of the award dated 24-12-2001 which has been made the rule of the Court by the learned Vth Additional District Judge, Bhopal. The award was passed by the learned Arbitrator, the respondent No. 5, in an arbitration proceeding under the provisions of the Arbitration and Conciliation Act, 1996 (for short '1996 Act'). As is manifest from the order of the learned Single Judge that the contract was awarded in favour of the present appellant by the M.P. State Mining C...
Ram Bai Vs. Santosh Kumar Pandey and ors.
Court: Madhya Pradesh
Decided on: May-09-2007
Reported in: 2008ACJ2094
Arun Mishra and K.S. Chauhan, JJ. 1. This appeal has been preferred by claimant for enhancement of compensation. The Claims Tribunal on account of death of husband of the appellant has awarded compensation of Rs. 50,000 along with interest at the rate of 6 per cent per annum from the date of filing of the claim petition till realisation.2. The claimant Ram Bai filed a claim petition on account of death of her husband Ram Prasad. He was going on cycle to village Rajnagar, from the opposite side a motor cycle No. MP 16-B 5986 driven by Santosh Kumar Pandey in a rash and negligent manner came and dashed the cycle, due to that Ram Prasad sustained injuries on various parts of body. Report of accident was lodged at P.S. Khajuraho. Ram Prasad was taken to the hospital at Rajnagar from where he was referred to Chhatarpur as condition did not improve. Thereafter, he was referred to Gwalior where he was treated for 2 days in Neuron Surgery Hospital, Gwalior before he succumbed to injuries. Poli...
Rajendra @ Raju Paliwal and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-08-2007
Reported in: 2007(3)MPHT203
ORDERU.C. Maheshwari, J.1. This petition is preferred at the instance of the applicants/accused, under Section 482 of the Criminal Procedure Code being aggrieved by the order dated 8-11-06 passed by the Addl. Sessions Judge, Sohagpur in Criminal Revision No. 85/06 whereby the order dated 24-6-2006 passed by JMFC, Sohagpur in Criminal Case No. 378/05 framing the charges for the offence under Sections 409, 420, 468, 471 read with Section 120B of the IPC has been affirmed in respect of the present applicants.2. The facts giving rise to this petition in short are that after receiving a report in writing at Police Station, Sohagpur from the Manager, Zila Sahkari Kendriya Bank Maryadit, Hoshangabad in respect of committing an offence of misappropriation of Rs. 14 lacs in the Bank by their Branch Manager Devi Singh and Cashier Sanjay Singh, an offence under Section 409 of the IPC was registered against them as Crime No. 378/05 at such Police Station. During investigation, on revealing that th...
Munnalal Halwai and anr. Vs. Lallan Tiwari and ors.
Court: Madhya Pradesh
Decided on: May-08-2007
Reported in: 2007(3)MPHT221
ORDERArun Mishra, J.1. These appeals have been preferred by the claimants calling in question Award dated 17-12-03 passed in Claim Case Nos. 50/02 and 51/02 by 1st Motor Accidents Claims Tribunal, Rewa.2. Both the cases arise out of same accident. Shilpi and Laxmi, both aged about 17 years, were travelling as pillion rider on Suzuki Motorcycle, driven by Ramesh Halwai, it met with an accident with a Truck (UP 63-B/9205), driven by Lallan Tiwari, owned by Shri Ram Yadav and insured with New India Assurance Co. Ltd. Ramesh Halwai, Shilpi and Laxmi died owing to the injuries sustained in the accident. Claim petitions were preferred by parents of Laxmi and mother of Shilpi. It was claimed by them that negligence was on part of Lallan Tiwari.3. The owner and driver of the truck in their reply contended that Ramesh Halwai was not able to control the motorcycle, he was negligent, Lallan Tiwari was not negligent at all as such they were not liable. Vehicle was insured, Lallan Tiwari was holdin...
Chote Lal Vs. Smt. Mulabai and ors.
Court: Madhya Pradesh
Decided on: May-07-2007
Reported in: 2007(3)MPHT37
ORDERShantanu Kemkar, J.1. On 11-10-2004 the first respondent Smt. Mulabai widow of Karodilal filed an application before the second respondent under Section 5 of the Madhya Pradesh Samaj Ke Kamjor Vargaon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (for short 'the Act') alleging therein that on 4-5-1979 the petitioner had entered into a prohibited transaction of loan with her husband Karodilal by getting sale deed executed from her husband in hisfavour in respect of lands bearing Khasra Nos. 454/2, 455/2, 462/1 and 462/2 admeasuring three acres. She alleged that the said sale deed was executed by her husband infavour of the petitioner in consideration of the loan with an oral agreement to re-convey the land after the re-payment of the loan by her husband. In the circumstances, she prayed for protection and relief under the Act.2. The petitioner submitted a preliminary objection before the second respondent ...
Commissioner of Income-tax Vs. V.N. Dube, Proprietor, Phoenix Poultry,
Court: Madhya Pradesh
Decided on: May-07-2007
Reported in: [2008]296ITR704(MP)
Dipak Misra, J.1. The questions in these references under Section 256(2) of the Income-tax Act, 1961 (for brevity 'the Act') and the appeals under Section 260A of the Act are taken up and heard analogously and are disposed of by this common order since learned Counsel for the Revenue and learned Counsel for the assessee fairly conceded that only a single question has to be dealt with and nothing else. The single question which is the subject-matter of references and also in the appeals as has been acceded to by learned Counsel for the parties is as follows:Whether, on the facts and circumstances of the case, the Tribunal was justified in law in holding that the parental flock is not stock-in-trade and the expenditure incurred is revenue expenditure under the facts and circumstances of the case?2. For the sake of clarity and convenience the facts narrated in M.A.I.T. No. 85 of 2000 are adumbrated herein. The respondent-assessee filed its return of income along with audit copies of profi...
Ganja and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-04-2007
Reported in: 2007(3)MPHT143
S.L. Kochar, J.1. This appeal has been directed against the impugned judgment of conviction and sentence passed by learned Third Additional Sessions Judge, Khargone, District West Nimad in Sessions Trial No. 337/01, dated 8th March, 2002 thereby convicting and sentencing the appellants as mentioned hereinbelow:--------------------------------------------------------------------------------S. No. Appellant Conviction Sentence--------------------------------------------------------------------------------1. Ganja Under Section 302 of Life imprisonment and IPC fine of Rs. 1,000/-.--------------------------------------------------------------------------------Under Section 323/34 of R.I. for 6 months and fine IPC of Rs. 300/-.--------------------------------------------------------------------------------Under Section 324/34 of R.I. for 1 year and fine ofIPC. Rs. 500/---------------------------------------------------------------------------------2. Satriya Under Section 302/34 of L.I. and...
Jaihind Projects Limited Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: May-03-2007
Reported in: (2007)8VST1(MP)
ORDERA.K. Patnaik, C.J.1. The petitioner is executing the work order awarded to it by the GAIL (India) Limited (respondent No. 4) for laying of HDPE duct, blowing and splicing of OFC. The petitioner's case is that the work relates to technical advice, labour supervision and engineering service and did not essentially involve supply of goods. Under Section 35 of the Madhya Pradesh Commercial Tax Act, 1994, deductions at the rate of two per cent of the value of contract were to be made towards tax payable by the contractor in case the works contract exceeds a value of Rs. one lac. Since the contract of the petitioner did not involve essentially supply of goods, the petitioner applied for a certificate for concessional rate of deductions under Section 35 of the Madhya Pradesh Commercial Tax Act, 1994, and respondent No. 3 issued a certificate under Section 35A of the Madhya Pradesh Commercial Tax Act, 1994 to the effect that deductions from the value of contract of the petitioner would be...
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