Madhya Pradesh Court November 2008 Judgments
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Kale Khan Mohd. Hanif and ors. Vs. Mohd. Iqbal
Court: Madhya Pradesh
Decided on: Nov-28-2008
Reported in: AIR2009MP84; 2009(40)PTC210(MP)
Dipak Misra, J.1. In this intra-court appeal, the defensibility and legal tenability of the order dated 5-4-2007 passed by the learned single Judge in W.P. No. 1443 of 2007 is called in question.2. The facts which are imperative to be uncurtained are that the respondent invoked the extra-ordinary jurisdiction of this Court under Article 227 of the Constitution of India questioning the propriety of the order dated 2-1-2007, Annex.P-21, to the writ petition passed by the learned Additional District Judge, Bhopal in R.C.S. No. 127 of 2005 whereby he had rejected the report of the Commissioner dated 6-12-2006 appointed for valuation of the trade mark and prayed for issue of a writ of certiorari for quashment of the same. Additionally, it was prayed that a command should be issued to the trial Court to take into account the report for preparing the final decree.3. As discernible from the material documents brought on record and the asseverations setforth in the writ petition, the respondent...
Commissioner of Income-tax Vs. C.K. Khanna and Smt. Vimala Khanna
Court: Madhya Pradesh
Decided on: Nov-28-2008
Reported in: [2009]310ITR152(MP)
Deepak Misra, J.1. This batch of appeals preferred by the Revenue under Section 260A of the Income-tax Act, 1961 (for brevity 'the Act'), was admitted on different substantial questions of law and at the time of hearing, learned Counsel appearing for the Revenue as well as the assessees fairly stated that the questions should be recast as follows:(a) Whether the finding recorded by the Tribunal that the will dated June 2, 1992, was genuine in view of the certificate of probate obtained from the court of learned Additional District Judge, Katni, vide order dated March 15, 1996, and, therefore, the properties bequeathed under the will belong to the late L.P. Khanna?(b) Whether the Tribunal is justified in dislodging the finding of the Assessing Officer and that of the Commissioner of Income-tax (Appeals) that the additions made by the Assessing Officer that late L.P. Khanna, father of C.K. Khanna, the assessee, the income that was bequeathed under the will actually belongs to C.K. Khanna...
Bablu Alias Mahendra Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-28-2008
Reported in: 2009CriLJ1856
A.K. Shrivastava, J.1. The judgment passed in this appeal shall also govern the disposal of connected appeals, Cr. A. No. 1051/99 (Anil alias Babbi alias Chhotu v. State of M.P.) and Cr. A. No. 1199/99 (Satish alias Bhura Choudhary v. State of M.P.) since these appeals have also arisen from impugned judgment.2. Feeling aggrieved by the judgment of conviction and order of sentence dated 23-2-1999 passed by learned II Additional Sessions Judge, Jabalpur in Sessions Trial No. 276/96 convicting the appellant under Sections 450, 380 read with Section 34 as well as under Section 302/34 of I.P.C. and thereby sentencing him to suffer imprisonment as mentioned in the impugned judgment, this appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973.3. In brief the case of prosecution is that on 26-7-1995 complainant Keshav Prasad Rajoriya went from his residence to his work place 'Kailash Automobiles' leaving behind his wife Shanta Rajoriya (hereinafter referred to a...
Secretary, Gopal Goshala Jhonkar Vs. Ramesh S/O Badrilal and ors.
Court: Madhya Pradesh
Decided on: Nov-28-2008
Reported in: 2009(4)MPHT182
ORDERN.K. Mody, J.1. Being aggrieved by the order dated 4-7-06 passed by VIth Additional Sessions Judge, (Fast Track), Ujjain in Cr.R. No. 211/06, whereby the application filed by the respondent No. 2 under Section 451 of Cr.PC for giving the animals in Supurdgi, which was allowed by learned JMFC, Tarana, Distt. Ujjain in Criminal Case No. 36/06, vide order dated 26-5-06 was modified, the present revision petition has been filed.2. Short facts of the case are that the respondent No. 4 registered a case against the respondent Nos. 1 to 3 under Section 11(1)(a), (b), (c) and (2) of Prevention of Cruelty to Animals Act, 1960 and under Sections 3,4 and 9 of M.P. Govansh Vadh Pratishedh Adhiniyam, 2004, on the ground that on 14-1-06 at about 10:15 p.m. it was found that 20 cattle were being transported in a truck bearing registration No. MP.13-E/1148, cruelly for slaughtering purposes. Case of prosecution was that the driver of the truck who was transporting the cattle ran away, hence the a...
Resources Development Institute Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Nov-26-2008
Reported in: 2009(1)MPHT202
ORDERSanjay Yadav, J.1. The petitioner in the present writ petition filed under Article 226/227 of the Constitution of India has called in question the legality of the order dated 31-10-1995, Annexure P-16; whereby a land admeasuring, 0.75 acre bearing Najul Sheet No. 78 Plot No. 2, reserved in favour of the petitioner has been cancelled. The challenge is also to an order dated 20-10-1999, Annexure P-28; whereby, the petitioner/Society has been directed to vacate the said piece of land being in unauthorized occupation of the same.2. The case of the petitioner is that it is a society registered under M.P. Registrikaran Adhiniyam, 1973, and is engaged in a charitable and social work. The persons associated with the petitioner/Institute are public-spirited persons devoted to the service of the community. The society, it is urged, has rendered its services for the cause of humanitarian, in advancement whereof, a museum was established on 20-12-92 in the presence of the Hon'ble President of...
Kishore Kumar Dixit and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-25-2008
Reported in: 2009(1)MPHT186
ORDERS.L. Kochar, J.1. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') for quashing the FIR vide Crime No. 44/2005, dated 30-7-2005 registered by Police of Police Station, Brijpur, District Panna (M.P.) against the petitioners and other co-accused persons under Section 3/7 of the Essential Commodities Act, 1955 (for short 'the Act') for commission of breach of Clauses 5,6 (4), 7 (4), 10 (1), 11 and 12 of the Madhya Pradesh (Khadya Padarth) Sarvajnik Nagarik Poorti Vitran Scheme, 1991, M.P. Food Stuffs (Civil Supply and Distribution) Scheme, 1991 (hereinafter called 'the Scheme of 1991').2. Short resume of the facts necessary for decision are that the Junior Supply Officer, Panna, after due enquiry on 13-12-2003 in presence of SDO (Revenue) and Sub Inspector Shri Khurshid Khan, Police Station, Brajpur along with Panchas inspected the Fair Price Shop of Prathmik Krishi Sakh Sahakari Samiti Maryadit, Silghara and Diya a...
Gyan Prakash Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Nov-25-2008
Reported in: AIR2009MP55
A.K. Patnaik, C.J.1. This is an application filed by the respondent No. 6, Society of Indian Automobile Manufacturers, for grant of permission to direct the respondents to register motor cycles sold by manufacturers in the State of Madhya Pradesh.2. The background facts leading to filing of this application are that Writ Petition No. 6969/2006 was filed as Public Interest Litigation by the petitioner stating that a number of road accidents leading to deaths has been taking place in recent years in India calling for concerted and multi-disciplinary preventive and remedial measures. In paragraph 4.30.10 of the writ petition, the petitioner has alleged that for the death due to motor cycles, the State of Madhya Pradesh is responsible because the registering authorities have been registering the motor cycles in violation of the provisions of the Motor Vehicles Act, 1988 (for short 'the Act') and in particular Section 44 of the Act. In paragraph 5.15 of the writ petition, the petitioner has...
Shakuntaladevi and ors. Vs. Shivpuri Sahkari Bhumi Vikas Bank Maryadit ...
Court: Madhya Pradesh
Decided on: Nov-25-2008
Reported in: 2009(2)MPHT123
P.K. Jaiswal, J.1. This second appeal is filed by the plaintiffs/appellants against the judgment and decree dated 1-9-1999 passed by the First Additional Judge to the Court of District Judge, Shivpuri in Civil Appeal No. 15-A/97, whereby learned Additional District Judge affirmed the judgment and decree dated 2-2-1996 passed by Civil Judge, Class II, Shivpuri in Civil Suit No. 1-A/81, by which Trial Court dismissed the suit of the appellants.2. On 20-1-2004, this appeal was admitted for hearing on the following substantial question of law:(1) Whether Nathua had right to mortgage the suit property in favour of respondent No. 1-Bank, when there was a decree for specific performance against him? and(2) Whether the respondent No. 1 has acquired title to the suit property as he has purchased the suit property in the auction?3. On 26-6-2007, this Court framed following additional substantial questions of law:(i) Whether attestation of the document by a witness without proof regarding the kno...
Union of India (Uoi) Through Ito Vs. Bhavecha Machinery and ors.
Court: Madhya Pradesh
Decided on: Nov-25-2008
Reported in: [2010]321ITR263(MP)
N.K. Mody, J.1. Being aggrieved by the judgment dated 1-6-1993 passed by A.C. J. M (Economic Offence), Indore in Cr. Case No. 38 of 1986, present appeal has been filed.2. Short facts of the case are that a private complaint was filed by the appellant under Section 276CC read with Section 278B of the Income Tax Act, 1961 on 6-8-1986 alleging that complaint was filed by the Income Tax Officer, B-Ward, Itarsi. In the complaint it was alleged that the respondent No. 1 firm M/s Bhavecha Machinery & Electrical Store is the registered firm and is carrying business of machinery, spare parts and electrical goods having its business premises at main market of Itarsi. Further case of the prosecution was that the respondent No. 1 firm filed its return of Income-tax on 30-8-1983 while as per Section 131 of Income Tax Act, it was obligatory on the part of the firm to file its return of income on or before 30-6-1981. It was alleged that thus the return filed by the respondent is delayed by 25 months....
Smt. Kamla Bai and ors. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Nov-24-2008
Reported in: 2009(2)MPHT135
ORDERIndrani Datta, J.1. Petitioners have filed this petition under Section 407 of Cr.PC for transfer of the Cr. Case No. 602 of 2008 pending in the Court of JMFC, Ashoknagar, Guna to any other Competent Criminal Court at Guna.2. As per petitioners, the facts stated in brief are that respondent No. 2 Smt. Premlata is wife of petitioner No. 3. One matrimonial case bearing Case No. 17-Aof 1991 instituted by petitioner No. 3 under Hindu Marriage Act for divorce, was pending in the Court of District Judge, Shivpuri. In that case, parties arrived at compromise and started living together. Respondent No. 2 gave birth to three children thereafter. Then again there was internal fraction between petitioners and respondent No. 2 and respondent No. 2 started living separately. Another suit for divorce was filed by petitioner No. 3 bearing No. 42 of 2006, which is pending in the Court of Additional District Judge, Shivpuri. One more case bearing No. 1 of 2008 under provisions of Guardian and Wards...
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