Madhya Pradesh Court January 2008 Judgments
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The Commissioner of Income Tax Vs. Krishi Upaj Mandi Samiti
Court: Madhya Pradesh
Decided on: Jan-18-2008
Reported in: [2009]308ITR401(MP)
ORDERS.K. Kulshrestha, J.1. These appeals have been filed under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act) against the various orders passed by the Income Tax Appellate Tribunal with regard to the direction to the Income Tax Authorities to grant registration to the Krishi Upaj Mandi under the provisions of Section 12A and 12AA of the Act. These appeals have been admitted on the following questions of law:1) Whether ITA was justified in setting aside of the order passed by the Commissioner which has refused to grant registration to the assessee (Krishi Upaj Mandi Samiti) who had applied by them under Section 12A of the IT Act, 1961 for registration as provided in Section 12A ibid.2) Whether the respondent/assessee Mandi is entitled to claim registration under Section 12A of the Act, and if so, whether it satisfies requirement both on facts and at law for obtaining registration as provided under Section 12A and 12AA of the said Act 3) Whether the findin...
The New India Assurance Co. Ltd. Vs. Nandram Prajapati and anr.
Court: Madhya Pradesh
Decided on: Jan-18-2008
Reported in: 2009ACJ1944; 2008(1)MPHT361
ORDERU.C. Maheshwari, J.This appeal is preferred by the Insurer/appellant under Section 173 of the Motor Vehicles Act, 1988 (in short 'the Act') being aggrieved by the award dated 10-7 2002 whereby the claim of the respondent No. 1 regarding death of his daughter in vehicular accident has been awarded against the appellant for the sum of Rs 65000/ along with the interest at the rate of 9% P.A. from the date of filing the claim petition2 The facts giving rise to this appeal in short are that on dated 25-2 2001 at about 1 O'clock in the noon, Ms Priyanka aged 6 years daughter of respondent No. 1 died in a load accident near Int-Bhatta, Rajiv Nagar Ward, Sagar I he alleged incident was caused by a tractor bearing Registration No MP 15 F 1684, due to negligence of respondent No. 2 the driver of such truck (sic tractor) Such tractor was registered in the name of respondent No. 1 and insured with the appellant On the aforesaid date it was stationed with the running condition of its engine, r...
Arvind Kumar Bhargava and ors. Vs. Lalit Parashar and anr.
Court: Madhya Pradesh
Decided on: Jan-18-2008
Reported in: 2008CriLJ1294
ORDERK.S. Chauhan, J.1. This petition has been filed under Section 482 of the Code of Criminal Procedure by petitioners/accused persons being aggrieved by the order dated 17-1-2005 passed by Judicial Magistrate First Class, Gadarwara in Complaint Case No. 770/2000, whereby the application preferred by them under Section 50(2) of the M. P. Sahkari Krishi Aur Gramin Vikas Bank Adhiniyam, 1999 has been rejected and also against taking of cognizance under Section 294, 452, 392, 500 and 506/34 of I. P. C. against them on 14-12-2000.2. The facts of the petition are that the petitioners Nos. 1, 2 and 3 are the Manager, Recovery Officer (retired) and Supervisor of Bhumi Vikas Bank, Kareli, District Narsinghpur. At the relevant time, the petitioners Nos. 1 and 3 were posted at Kareli whereas the applicant No. 2 was posted at Narsinghpur. In the year 2000, there was immense pressure from the Chairman and Registrar of Co-operative Societies and Collector for initiating recovery proceedings in all...
Gajendra Singh and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-18-2008
Reported in: 2008(2)MPHT197
ORDERA.K. Gohil, J.1. This order shall govern the disposal of W.P. No. 310/99 (PIL), and other connected petitions.2. This probono publico petition under Article 226/227 of the Constitution of India was filed against the encroachment upon the public way belonging to the M.P. Housing Board in the Nazar Bagh market situated at Maharaj Bada on the allegations that the Municipal Corporation is raising wooden stall/pakka structure and going to auction those stalls but subsequently under orders of the Court and by miscellaneous applications the petition was only confined to encroachment in Gandhi Market Gwalior and ultimately it was submitted to the Court that the shopkeepers of the Gandhi Market have encroached upon the verandah, which was constructed in front of the shop for the use of public and the prayer was made that the aforesaid verandah which has been encroached upon by the shopkeepers be got vacated or encroachment made by the shopkeepers be removed.3. In the meantime shopkeepers o...
L.M.L. Limited and ors. Vs. Kailash NaraIn Rai
Court: Madhya Pradesh
Decided on: Jan-18-2008
Reported in: 2008CriLJ1718; 2008(3)MPHT416
ORDERA.P. Shrivastava, J.1. By taking aid of inherent jurisdiction of this Court under Section 482 of Cr.P.C. petitioners have challenged the impugned order dated 9-1 -2007, passed by the Chief Judicial Magistrate, Datia (M.P.) in Complaint Case No. 259 of 2007 and consequent orders compelling the attendance of the petitioners, by bailable warrants of arrest.2. The facts of the case are that, as per document Annexure-A/7, respondent filed a complaint against the petitioners under Section 420 of IPC. The learned trial Court recorded the statement of the complainant under Section 200 of Cr.P.C. on 22-12-2006 and posted for inquiry under Section 202 of Cr.P.C. on 9-1-2007. On 9-1-2007, it is informed by the respondent that he does not want to give evidence and the Court after hearing the arguments and perusal of statement, registered a complaint against the petitioners under Section 420 of IPC and issued bailable warrants in the sum of Rs. 5,000/- (Rupees five thousand only) each, to secu...
State of Madhya Pradesh Vs. Arvind Joshi
Court: Madhya Pradesh
Decided on: Jan-17-2008
Reported in: 2008(3)MPHT424
Abhay Gohil, J.1. The State of Madhya Pradesh has filed this appeal, after obtaining leave from this Court under Section 378 of Cr.P.C., against the judgment of acquittal dated 28/12/93 in Sessions Trial No. 279/91 by which,the respondent was tried for the offence under Section 302 of I.P.C. 2. As per prosecution story, on 10/4/91, deceased Kallu @ Mukesh, son of the complainant Jagannath (PW-1) had gone to 'Khatik Mohalla'. Complainant Jagannath, who is father of the deceased, had received an information that some quarrel took place with his son. So, he also went there and had seen that Arvind Joshi was carrying a sword in his hand and his father Ashok was carrying a Lathi and near 'Hanuman Temple', both the accused Ashok Joshi and his father, assaulted the deceased and inflicted many blows by their respective weapons and the deceased was having several injuries on the head and bleeding. After receiving blows, he fell down. Complainant Jagannath (PW-1), Pappu Nadariya (PW-6), Anil Kum...
Kamlesh Bai Vs. Upper Commissioner Bhopal and Hosangabad Division and ...
Court: Madhya Pradesh
Decided on: Jan-16-2008
Reported in: 2008(2)MPHT466
ORDERRajendra Menon, J.1. Challenging the order dated 03.04.07 Annexure P/1 passed by the Upper Commissioner, Bhopal and Hosangabad Division exercising powers of an Election Tribunal under Section 122 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Adhiniyam, 1993') and seeking quashment of the directions issued by the aforesaid order for recounting of 2173 invalid votes, petitioner has filed this petition. 2. Petitioner is an elected representatives having been elected in the election to District Panchayat, Vidisha from ward no.19. Election to the aforesaid post were held on 16.01.05 and it is stated that she was declared elected in the aforesaid election by a margin of 46 votes. Challenging the election of petitioner on various grounds, respondent no. 2 -Alpana Saxena filed a election petition under Section 122 of the Adhiniyam, 1993 and rules framed thereunder, on the basis of pleadings of the parties six issues were framed. For the purpos...
Suresh Vs. Ashok
Court: Madhya Pradesh
Decided on: Jan-16-2008
Reported in: 2008(2)MPHT58
ORDERRakesh Saksena, J.1. Petitioner has filed this revision against the order dated 20-9-2007, passed by Judicial Magistrate First Class, Pandurna, in Criminal Case No. 263/07, rejecting the application filed by petitioner for getting defence witnesses examined on affidavit in view of the provisions under Section 145 (2) of the Negotiable Instruments Act.Section 145 of the Negotiable Instruments Act is reproduced hereunder:145. Evidence on affidavit.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the evidence of the complainant may be given by him on affidavit and may, subject to all just exceptions be read in evidence in any enquiry, trial or other proceedings under the said Code. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein.2. On a bare perusal of Section 145(1) of the aforesaid Act, it is ...
Manak Chand JaIn Vs. Smt. Pukhraj Bai and anr.
Court: Madhya Pradesh
Decided on: Jan-16-2008
Reported in: 2008(2)MPHT155
N.K. Mody, J.1. Being aggrieved by the judgment and decree dated 13-3-2007, passed by IIIrd Additional District Judge, Indore, in Civil Suit No. 4-B/2006, whereby suit filed by the respondents was decreed and the appellant was directed to pay a sum of Rs. 1,02,501/- alongwith interest on Rs. 75,000/- @ 6 % p.a. w.e.f. 19-11 -2002, the present appeal has been filed.2. Short facts of the case are that the respondents filed a suit for realization of amount of Rs. 1,02,501/- on 18-11-2002 alleging that Ramesh Chandra was the son of respondent No. 1 and brother of respondent No. 2. Appellant was having good relations with deceased Ramesh Chandra Jain. It was alleged that appellant was in need of money and a sum of Rs. 75,000/- was lent by deceased Ramesh Chandra Jain to the appellant and appellant gave a post dated cheque to deceased Ramesh. It was alleged that the cheque which was given by the appellant to the respondents was bearing cheque No. 1992240 of Dena Bank, Jail Road, Indore, whic...
Hari Krishna Verma Vs. the District and Sessions Judge and ors.
Court: Madhya Pradesh
Decided on: Jan-16-2008
Reported in: 2008(2)MPHT436
ORDERR.S. Jha, J.1. The petitioner has Tiled this petition being aggrieved by order dated 2-4-1993 passed by the District and Sessions Judge, Shivpuri, compulsorily retiring him from service, and order dated 29-6-1994 rejecting the appeal filed by the petitioner against the said order.2. The facts in brief are that the petitioner was initially appointed as Lower Division Clerk on 25-9-1972 and was posted at Shivpuri. On 17-5-1977 he was posted as Lower Division Clerk in the Court of Civil Judge, Class II, Pohri. He was granted adhoc promotion as Upper Division Clerk on 18-7-91 and was transferred from Pohri to Pichhore as Reader to the Court of Additional District Judge on 24-7-91. The petitioner did not join his place of transfer and applied for leave. He remained on leave till 27-9-91. When he reported for duty at Pohri he was relieved on 4-10-91 and directed to join at his place of transfer at Pichhore. The petitioner joined his transferred place of posting on 21-10-91 and thereafte...
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