Madhya Pradesh Court September 2007 Judgments
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Rajeev Dalela Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-19-2007
Reported in: 2007(4)MPHT350; 2007(4)MPLJ469
ORDERA.K. Patnaik, C.J.1. This is a reference made by a Division Bench of this Court in the order dated 17-8-1999 passed in W.P. No. 1171/1999.2. The background in which the reference is made is that Rule 3 (VI) (iv) of the Madhya Pradesh Medical and Dental Postgraduate Entrance Examination Rules, 1999 (for short 'the Rules') inter alia provided that a person admitted to any postgraduate course in Madhya Pradesh in previous year who has not completed the post graduation course is not eligible to take the examination up to three years from the date of his previous admission candidates who had been admitted to postgraduate courses in Madhya Pradesh on this basis of the results of Pre-Postgraduate Examination in the year 1998 approached this Court in the writ petitions and thereafter Letters Patent Appeals for a direction to authorities to permit them to participate in the counseling on the basis of the results of the Pre-Postgraduate Examination, 1999 so that they may get a course or sea...
Smt. Anamika Shrivastava Vs. Vivek Shrivastava
Court: Madhya Pradesh
Decided on: Sep-19-2007
Reported in: 2007(4)MPHT374; 2007(4)MPLJ1
ORDERRajendra Menon, J.1. Challenge in this petition under Article 227 of the Constitution is made to order dated 11-9-2007 Annexure P-6 passed by the Family Court, Gwalior, refusing to take up an application filed by the parties under Section 13B of the Hindu Marriage Act for consideration on the ground that the period of six months as contemplated under the said section is not over.2. Proceedings before the Family Court, Gwalior have been initiated by the parties concerned by filing an application under Section 13B of the Hindu Marriage Act and they have sought dissolution of marriage on various grounds by mutual consent. A prayer was made for consideration of this application and taking it up for hearing, this prayer has been rejected and by the impugned order the case is adjourned for 12-3-2008 on the ground that orders on the application cannot be passed without waiting for a period of six months and the decree of mutual consent can be passed only after the aforesaid period of six...
Mangilal Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-19-2007
Reported in: 2008(1)MPHT119
ORDERViney Mittal, J.1. The petitioner is elected President of Gram Panchayat, Pipalravan, District Dewas. He has challenged the order dated September 20, 2006 passed by the Collector, Dewas-respondent No. 3, whereby an application filed by the 3/4th of the elected Councillors for recall of the petitioner, as President, has been forwarded to the State Government under Section 47(2) of the M.P. Municipalities Act, 1961 (hereinafter referred to as 'Act') for taking further appropriate action.2. The facts as depicted in the petition show that the petitioner was directly elected as President of Nagar Panchayat, Pipalravan, in an election held on June 16,2004. The said election was notified on June 24, 2004. According to the petitioner, first meeting of the Municipal Council was held on July 15, 2004 in terms of Section 55 of the Act.3. A proposal to recall the petitioner as President of the Municipal Council was initiated by 3/4th of the Municipal Councillors and presented to the Collector...
Rameshchandra Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-19-2007
Reported in: 2007(4)MPHT528
S.L. Kochar, J.1. Being aggrieved by the judgment dated 1-8-98 passed by the learned Special Judge, Dhar in Special Criminal Case No. 51/98 thereby convicting the appellant Ramesh Chandra for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life with fine of Rs. 1,000/-, in default of payment of fine to suffer additional RI for two months, the appellant has preferred this appeal.2. The prosecution case shorn of unnecessary details as placed before the Trial Court is that there was an old dispute between the appellant and complainant P.W. 1 Ramesh and his mother, deceased Mangubai. On 11-3-97 the complainant Ramesh and his mother Mangubai reached to the field for watching the gram-crop. At that moment, the appellant and acquitted co-accused Govind were harvesting the crop along with labourers. The complainant and Mangubai raised objection to the harvesting, on which the accused persons abused them filthily and assaulted Mang...
Smt. Sunita Lokhande and ors. Vs. the New India Assurance Company Limi ...
Court: Madhya Pradesh
Decided on: Sep-19-2007
Reported in: 2008ACJ921; 2008(1)MPHT42; 2008(1)MPLJ54
ORDERA.K. Patnaik, C.J.1. This is a reference made by a Division Bench of this Court in this M.A. for reconsideration of the decision rendered by another Division Bench in Oriental Insurance Co. v. Jamna Bai and Ors. 2001 (4) M.P.H.T. 293.The facts of the case in the miscellaneous appeal which necessitated the reference are that on 3-5-1997, when Bhanwar Lal Lokhande was travelling in a truck bearing registration No. CIB-3490, the truck turned turtle and in the accident Bhanwar Lai Lokhande sustained injuries and eventually died. The legal heirs of the deceased Bhanwar Lai Lokhande instituted Claim Case No. 14/97 before the Motor Accident Claims Tribunal, Betul claiming an amount of Rs. 7,77,500/- as compensation against the New India Assurance Company Ltd., which had insured the truck. The truck was owned by Bhanwar Lal Lokhande and his brother Umesh Kumar Lokhande and therefore the Insurance Company contended before the Tribunal that the Insurance Company was not liable to indemnify ...
Sica Educational Trust (Regd.) Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Sep-19-2007
Reported in: (2008)214CTR(MP)244
ORDERViney Mittal, J.1. The petitioner-trust is an educational trust registered in that capacity and is also registered separately with the CIT, Indore under Section 12A of the IT Act, 1961, w.e.f. 1st April, 1999. The petitioner-trust has approached this Court challenging an order of assessment dt. 29th Dec, 2006 passed under Section 143(3) r/w Section 147 of the IT Act, 1961, by the Asstt. CIT, respondent No. 3. A copy of the order dt. 29th Dec, 2006 has been appended as Annex. P-16 with the present petition. Additionally, the petitioner has challenged a demand notice dt. 29th Dec, 2006 raising a demand of Rs. 1,78,910 in pursuance to the said assessment order.2. The petitioner-trust had filed its IT return for the asst. yr. 1999-2000. However, no formal assessment was made by the assessing authority. A notice under Section 148 of the Act was issued to the petitioner-trust by the Asstt. CIT, intentionally (sic) that same income had escaped assessment within the meaning of Section 147...
Smt. Usha Patel and ors. Vs. Dilip Transport Co. and ors.
Court: Madhya Pradesh
Decided on: Sep-19-2007
Reported in: [2008(116)FLR779]
Arun Mishra, J.1. The appeal has been preferred by the claimants aggrieved by an order dated 30.5.2006 parsed by Commissioner for Workmen Compensation, Labour Court, Bhopal passed in case No. 29/04 dismissing the claim petition preferred by the widow and parents of deceased.2. The claimants filed the petition before the Commissioner for Workmen. Compensation that Jagdish Patel was driver of tanker (M.P. 04-5509), on 13.4.2004 the tanker was being taken to Ubhayvan road, district Dhar. There was blast in the tanker, due to that Jagdish Patel sustained and died. His age was 45 years. As per claimants the deceassed used to receive salary of Rs. 6,000/- per month. He was holding licence to drive the vehicle. Compensation was not paid inspite of demand was made. Compensation of Rs. 8 lacs was claimed.3. The owner Dilip Transport Co. in its reply contended that deceased was not in the regular employment but was temporary driver. He used to work on the basis of daily wages. Other facts were n...
Commissioner, Income-tax Vs. Ashok Kumar Manibhai Patel and Co.
Court: Madhya Pradesh
Decided on: Sep-18-2007
Reported in: (2008)214CTR(MP)344; [2009]317ITR386(MP)
ORDERDipak Misra, J.1. This Court in ITR No. 104/96, dated 4-8-1997 directed the Income-tax Appellate Tribunal, Jabalpur [for short `the Tribunal'] to submit the statement of case in respect of the following questions:(i) Whether on the facts and in the circumstances of the case the Tribunal was justified in law to cancel the order Under Section 263 dated 173-1989 (ii) Whether on the basis of available materials on records it was legally possible for Tribunal to conclude that the expenditure to the extent of Rs. 1,45,239/-out of the total expenditure of Rs. 1,60,239/-claimed as deduction towards messing was incurred by assessee exclusively for providing food and beverabe to its employees (iii) Whether the Tribunal was justified in law to hold that in the fact and circumstances of the case, the Commissioner ignored the provisions of explanation 2 to Section 37(2A) of Income-tax Act 2. The facts which are essential to be stated are that the assessee is a partnership firm and derived inco...
Municipal Corporation Vs. Arvind JaIn and ors.
Court: Madhya Pradesh
Decided on: Sep-18-2007
Reported in: 2007(4)MPHT173; 2007(4)MPLJ402
ORDERA.K. Patnaik, C.J.1. This is a reference made to this Bench pursuant to an order passed by a learned Single Judge of this Court on 24.1.2006 in W.P. No.269/1995. 2. The facts leading to the reference are that the respondents received a notice dated 22.10.1991 from the petitioner requiring them to produce the map of their building after making provision in F.A.R. 1:2, coverage 70% and the height upto 40 ft. The respondents filed an appeal against the said notice under Section 293(3) of the Madhya Pradesh Municipal Corporation Act, 1956 (for short 'the Act') before the District Judge, Bhopal. The appeal was entertained and allowed by the Vth Additional Sessions Judge, Bhopal. Aggrieved by the order that was passed by the Vth Addl. District Judge, Bhopal, the petitioner filed a petition under Article 227 of the Constitution of India. When the writ petition was heard by the learned Single Judge of this Court, the petitioner contended before the learned Single Judge that the learned Ad...
Babulal JaIn Vs. Kewalchand Jain
Court: Madhya Pradesh
Decided on: Sep-18-2007
Reported in: I(2008)BC592; 2007(4)MPHT371
ORDERBrij Mohan Gupta, J.1. Heard finally at motion stage.2. This petition is for impugning the criminal proceeding pending against the petitioner in Criminal Case No. 180/07 in the Court of Judicial Magistrate First Class, Aron, Distt. Guna, based on a private complaint filed by respondent under Section 138 of Negotiable Instruments Act (hereinafter referred to as 'the Act') and also the impugned order dated 19th June, 2007 by which the learned Magistrate has taken cognizance against the petitioner.3. Shri Sharma, for petitioner, has submitted that the cheque in question was not issued by the petitioner to the respondent in his name. The cheque Annexure P-5 was issued by the petitioner to himself while mentioning the word 'self in the cheque. He has also submitted that cheque is a bill of exchange under Section 6 of the Act and as defined in Section 5 of the Act, cheque is always to be issued to a certain person. In support Shri Sharma has drawn attention of the Court on an order pass...
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