Madhya Pradesh Court August 2007 Judgments
State of M.P. Vs. Ramcharan
Court: Madhya Pradesh
Decided on: Aug-31-2007
Reported in: 2008CriLJ201
A.P. Shrivastava, J. 1. The appellant/State has preferred this appeal under Section 378 of Cr.P.C against the judgment of acquittal, dated 21.12.99, passed by Additional Sessions Judge, Sabalgarh (District Morena, M.P.) in Criminal Appeal No. 2/98. The respondent had been convicted by J.M.F.C., Sabalgarh in Criminal Case No. 89/97, dated 5.12.97 under Section 39 of the Electricity Act, 1910 (in short the 'Act') read with Section 379 of IPC and sentenced to undergo simple imprisonment for one year with a fine of Rs. 500/-with default stipulation. 2. The facts of the case are that on 8.2.97, in the evening R.K. Sharma (P.W.1) Junior Engineer of Madhya Pradesh State Electricity Board, along-with Assistant Engineer R.C. Bansal(P.W.2) and his party went for surprise inspection of electricity theft at Gram Kulholi. He found that the respondent has illegally taking electric line from the electric poll and was irrigating his field by a 5 horse power motor. Being a matter of an electricity thef...
Tag this Judgment!Shri Hari Siddhi Construction Company Vs. Raghunandan and ors.
Court: Madhya Pradesh
Decided on: Aug-31-2007
Reported in: 2008(1)MPHT215
ORDERDeepak Verma, J.1. At the outset, we posed a question to the learned Counsel for the appellant with regard to the maintainability of the appeal, against the order dated 25-7-2007, passed by learned Single Judge in W.P. No. 4361/2007 filed by respondent No. 1 herein under Article 227 of the Constitution of India, in view of Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005 (hereinafter referred to as 'Adhiniyam, 2005').2. Brief facts, bereft of unnecessary details are mentioned herein below:Respondent No. 1 herein admittedly filed writ petition under Article 227 of the Constitution of India, challenging the order dated 8-3-2007 passed by the learned VIth Additional District Judge, Bhopal, in Misc. Civil Appeal No. 45/2007, whereby the appeal was allowed and the order passed by the learned IVth Civil Judge Class-I, Bhopal in Civil Suit No. 380-A/06, granting temporary injunction in favour of the plaintiff was set aside. The respondents...
Tag this Judgment!Khemchand Sahu Vs. Chhingelal Rai
Court: Madhya Pradesh
Decided on: Aug-31-2007
Reported in: 2008(2)MPHT184; 2008(1)MPLJ379
Arun Mishra, J.1. This appeal has been preferred by the defendant aggrieved by judgment and decree dated 29-4-02 passed in CS No. 13-A/2000 by Addl. District Judge, Narsinghpur for specific performance of agreement to sale the suit house to the plaintiff for a consideration of Rs. 3,05,000.2. Plaintiff/respondent averred in the plaint that he entered into the agreement for sale of suit house for a sum of Rs. 3,05,000 on 7-6-97, earnest money of Rs. 1,50,000 was paid, sale deed was to be executed by 30th June, 1997, the agreement was reduced in writing. The plaintiff made arrangement for payment of balance consideration and stamp, he was present in the Office of Deputy Registrar, Registration, Narsinghpur on 30th June, 1997, however, defendant did not turn up to execute a sale deed, consequently, plaintiff obtained a certification from Deputy Registrar as to his presence in the office, consequently a notice was served by the plaintiff on defendant on 2-7-97, reply was sent by the defend...
Tag this Judgment!R.P. Gautam Vs. R.N.M. Singh and anr.
Court: Madhya Pradesh
Decided on: Aug-30-2007
Reported in: AIR2008MP68
U.C. Maheshwari, J.1. The appellant/claimant has come forward with this appeal being aggrieved by the award dated 5-2-1999 passed by 6th Additional Motor Claims Tribunal, Bhopal in M.C.C. No. 158/97 dismissing his claim in respect of injuries sustained by him in vehicular accident.2. The appellant/claimant filed his claim contending that on 15-4-1996 at about 5.45 p.m. when he was standing with his moped at some auto garage of Rachna Nagar Bhopal. At the same time he was dashed by Scooter bearing registration No. M.P.04-A.D. 9978 driven by respondent No. 1 in rash and negligent manner, he fell down and sustained injuries in the lower part of right leg. He was taken to hospital where his MLC report was prepared and fracture of tibia bone was suspected for which he remained admitted there. Subsequently he took the treatment of Dr. Nirbhay Shrivastava and Dr. A. Banerjee between 27-7-1996 to 31-3-1997. He suffered three surgical operations during the treatment of such fracture and spent a...
Tag this Judgment!Satyanarayan Kanhaiyalal Gagrani Vs. Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Aug-30-2007
Reported in: (2008)215CTR(MP)521
ORDERA.M. Sapre, J.1. This is an IT reference made under Section 256(1) of the IT Act at the instance of assessee by the Income-tax Appellate Tribunal (for short hereinafter called as 'Tribunal') in R.A. No. 77/78/Ind/1996, which in turn arise out of an order, dt. 30th Sept., 1996 passed by Tribunal in ITA No. 498/Ind/1992 and ITA No. 806/Ind/1994 and later amended by Tribunal in Misc. Appln. Nos. 33/Ind/1996 and 34/Ind/1996, dt. 31st Jan., 1997 by invoking the powers of rectification under Section 254 of the Act for answering following two questions of law said to arise out of the two orders referred supra:(1) Whether on the facts and in the circumstances of the case, the Tribunal was right in setting aside the order of the CIT(A) and restoring the matter to the file of the AO to decide the issue to assess the income from the bequeathed property in the proper hands instead of deleting the said income from the hands of the assessee as there was no connection of the assessee HUF with th...
Tag this Judgment!In Re: Asian Telephone Services Ltd.
Court: Madhya Pradesh
Decided on: Aug-30-2007
Reported in: [2008]81SCL270(MP)
A.M. Sapre, J.1. This company petition is filed by a limited company known as 'Asian Telephone Services Limited' (hereinafter referred to for brevity 'transferor-company') under Section 391/394 of Companies Act seeking inter alia its amalgamation along with 6 other companies on the one side as transferor-company with another company known as 'Idea Cellular Limited' (hereinafter referred to for brevity 'transferee-company'). The amalgamation is sought on the grounds set out in detail in the scheme annexed along with the petition as Annexure A-12, it is averred that since the registered office of the transferor-company is situated at P.O. Birlagram, Nagda (M.P.) which falls within the territorial jurisdiction of this Court (Indore Bench) and hence, this petition is filed before this Court seeking sanction for the proposed amalgamation in accordance with the requirement of Section 391/394 of Companies Act read with relevant Company Court Rules applicable to cases relating to amalgamation....
Tag this Judgment!Mahant Shyamdas Guru Mohandas Vs. Lalaram M. Kori and ors.
Court: Madhya Pradesh
Decided on: Aug-29-2007
Reported in: 2008ACJ1783; AIR2008MP47
Dipak Misra, J.1. In this appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (for brevity the Act' substantiality and legal acceptability of the Award passed by the Additional Motor Accident Claims Tribunal, Sonkutch, District Dewas (for short 'the tribunal') in Claim Case No. 99/97 dated 30-9-1997 is called in question by the claimant/appellant (hereinafter referred to as 'the claimant').2. The facts which are imperative to be' exposited for adjudication of this appeal, in essence, are that Mahant Harnamdasji was proceeding to Allahabad from Indore along with other Sadhus and his Guru Mahant Poorandas on 8-1-1995 in a Jeep bearing registration No. MP-09 H-4768. The first respondent, Lalaram, the driver of the Jeep due to his rash and negligent driving lost control over the vehicle as a consequence of which the same got dashed against a 'Palash' tree. In the accident Harnamdas breathed his last on the spot. One Devchandra sustained injuries and eventually expired on 15-...
Tag this Judgment!Vikrampratap Singh and ors. Vs. Rampal Singh and anr.
Court: Madhya Pradesh
Decided on: Aug-29-2007
Reported in: 2009ACJ449
A.M. Sapre, J.1. This is an appeal filed by the claimants under Section 173 of Motor Vehicles Act against an award dated 28.7.2005 passed by the learned Eleventh Addl. Member, M.A.C.T., Indore in Claim Case No. 41 of 2003. By impugned award, the Tribunal has awarded total sum of Rs. 1,24,500 for the death of one Sunita. This appeal is filed by claimants for enhancement as according to claimants, the compensation awarded to claimants by the Tribunal is on lower side and it should be enhanced in this appeal. So the question that arises for consideration in this appeal is whether any case is made out for enhancement in the compensation awarded by the Tribunal and, if so, to what extent and under what head(s)?2. Heard Mr. Manish Jain, Advocate and Mrs. Sudha Shrivastava, Advocate for respondent insurance company.3. It is not necessary to narrate the entire facts in detail such as how the accident occurred, who was negligent in driving the offending vehicle or claimant or who is liable to p...
Tag this Judgment!Shashi Kumar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-27-2007
Reported in: 2007CriLJ4121
K.S. Chauhan, J. 1. This criminal appeal has been preferred under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment, finding and sentence dated 29.06.1993 passed by the Additional Sessions Judge, Dindori in Sessions Trial No.21/92 whereby the appellant has been convicted under Section 306 and 498A of IPC and sentenced to R.I. for 3 years and 6 months respectively to run concurrently. 2. The prosecution case is that Chhatar Singh Rathore, Ward Boy, P.H.C., Dindori submitted a written report given by Dr. R.M. Mishra, Assistant Surgeon, P.H.C., Dindori on 12.11.1991 to Station House Officer, Police Station Dindori that Smt. Anita Namdeo W/o Shashi Kumar, aged about 29 years was admitted in hospital. It was a case of finite poisoning. She expired on 12.11.1991 at 6:45 p.m. On this report, the marg intimation No.4/91 was registered and the inquiry was made. It was found that Smt. Anita Namdeo committed suicide on account of harassment and ill-treatment for dem...
Tag this Judgment!Uttara Soni and ors. Vs. Oriental Insurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Aug-27-2007
Reported in: 2009ACJ276
Sanjay Yadav, JJ.1. The appellants-claimants being aggrieved by order dated 16.4.2005 passed in M.J.C. No. 81 of 2004 by the Motor Accidents Claims Tribunal, Satna, has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988.2. The sole question which arises for consideration in present appeal is whether it was within power of Claims Tribunal to review its order passed on 24.8.2004 on an application filed by respondent insurance company and reduce the amount of compensation awarded earlier in absence of an allegation of the insurance company that compensation was obtained by practising fraud?3. The brief facts which have led to arising of aforesaid issue are that, one Pradeep Soni died of an accident which took place on 14.6.2003. The said deceased on the fatal day was going along with one Prashant Soni from Satna to village Singhpur on his motor cycle which was dashed at by a truck bearing registration No. MP 19-D 3813 near village Rerua resulting in death of Pr...
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