Madhya Pradesh Court March 2008 Judgments
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Razzak Khan and ors. Vs. Shahnaz Khan
Court: Madhya Pradesh
Decided on: Mar-25-2008
Reported in: 2008(4)MPHT413
ORDERS.C. Sinho, J.1. These two revisions against the order passed in Criminal Appeal No. 501/07 (Razzak Khan and 2 Ors. v. Smt. Shahnaz Khan) and Criminal Appeal No. 595/07 (Smt. Shahnaz Khan v. Razzak Khan and 2 Ors.) dated 19-12-2007, passed by 6th Additional Sessions Judge, Jabalpur arising out of the order passed in Complaint Case No. 23/2007 order dated 29-9-2007 by learned JMFC Jabalpur in proceeding under Section 9(b), 37(2)(c) of Protection of Women from Domestic Violence Act, 2005 (in short 'Act 2005') whereby these revisions have been filed before this Court.2. This is undisputed that Ramzan Khan and Smt. Shahnaz Khan had taken divorce on 3-5-2007 in presence of witnesses. Razzak Khan, Rehman Khan and Ramzan Khan are real brothers and Smt. Shahnaz Khan is the daughter of real sister of the applicants whose first marriage has been performed with Musarraf Khan and out of first wedlock Master Shoaib was born who is presently 16 years of age. After lapse of 12 years of the death...
Southern Petro Chemical Corporation Vs. Additional Commissioner, Comme ...
Court: Madhya Pradesh
Decided on: Mar-25-2008
Reported in: (2009)21VST274(MP)
ORDERRajendra Menon, J.1. Challenging the orders passed by the assessing authority, Commercial Tax Department, Government of Madhya Pradesh vide order dated April 29, 2005 (annexure P4) for the period April 1, 2002 to March 31, 2003, and the order (annexure P7) passed by the revisional authority rejecting the revision filed by the petitioner against the order of assessment, the petitioner has filed this petition.2. The petitioner is a company owned by the Government of Tamil Nadu having its head office at Chennai and branch at Arera Colony, Bhopal. The petitioner is engaged in the business of manufacturing and sale of medicines. It is stated that at times orders are directly made to the head office of the company at Chennai and the medicines are sold from the head office and in bulk transferred to the purchaser in various parts of the State. According to the petitioner when such sales are made, for the purpose of facilitating smooth transfer of the items sold form 75 are issued by the ...
Gajanand and ors. Vs. Virendra Singh and ors.
Court: Madhya Pradesh
Decided on: Mar-25-2008
Reported in: 2010ACJ145
N.K. Mody, J. 1. Case is listed in default of P.F. for the respondent Nos. 1 and 2. Learned Counsel for appellant prays for dispensing with services of respondent Nos. 1 and 2. Prayer is accepted. Services of respondent Nos. 1 and 2 are dispensed with at the risk of appellant.2. This order shall also govern the disposal of M.A. Nos. 420 and 422 of 2005 as all the appeals have been decided by one award dated 21.7.2004 passed by the Twentieth M.A.C.T., Indore in Claim Case Nos. 261, 262 and 263 of 2003 and in all the appeals parties are one and the same.3. Short facts of the case are that the appellants filed a claim petition before the learned Tribunal alleging that on 30.5.99, deceased Mohan was going with his wife Maithli and daughter Prathna in a Matador bearing No. MP 09-S 2547. Further case of the appellant was that said Matador met with an accident with a truck bearing registration No. MP 09-KA 9927 which was driven by respondent No. 2, owned by respondent No. 1 and insured with r...
The International Association of Lions Clubs Vs. Dr. Jagjit Singh Khan ...
Court: Madhya Pradesh
Decided on: Mar-20-2008
Reported in: LC2008(3)45; 2008(37)PTC217(MP)
ORDERU.C. Maheshwari, J.1. This order shall decide IA No. 12694/07, appellant's application for condoning the delay in filing the appeal against the judgment and decree dated 21.4.01 passed by XIth Addl. District Judge, Jabalpur in Civil Original Suit No. 383-A/94, whereby the suit for declaration and perpetual injunction, filed by the respondent has been decreed ex-parte against it.2. The facts giving rise to this appeal in short are that the plaintiff/respondent, being member of Institution, namely, 'LIONS INDIA',(association of persons) having its Head Office at 19, Naya Bazar, Jabalpur, filed the aforesaid representative suit declaring the threats of an action for the infringement, passing- off or for consequential damages as contained in the notice of the appellant dated 23.8.1993 are unjustified and groundless, and also issuing injunction against the appellant desisting it from continuing such threats in the forum of legal proceedings or in any other manner either personally or t...
Babulal Patodi Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-20-2008
Reported in: [2008]304ITR116(MP)
1. Though this matter was listed for orders, on consent of Mr. A.P. Shrivastava, learned Counsel for the assessee, and Mr. Sanjay Lal, learned Counsel for the Revenue, it is finally heard.2. The present appeal preferred under Section 260A of the Income-tax Act, 1961, involves the substantial questions of law which is formulated as under:(i) Whether the Income-tax Appellate Tribunal is justified in expressing the opinion that the three grounds raised in appeal are general in nature and do not require any finding?(ii) Whether the order of the Tribunal can be regarded to be perverse in the absence of any perceivable reasons in the order itself?3. On the basis of the aforesaid substantial questions, the appeal is admitted and taken up for final hearing.4. Mr. A.P. Shrivastava, learned Counsel has submitted that the Tribunal has decided the appeal in a cryptic manner and in fact not decided the legal issues which go to the root of jurisdiction by stating that the grounds being general in na...
Maa Sharda Wine Traders Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Mar-20-2008
Reported in: AIR2009MP207; 2009(3)MPHT304; 2009[15]STR3; [2009]22STT105; (2009)22VST170(MP); 2009(5)AIRKarR498
ORDERDipak Misra, J.1. In this batch of writ petitions, the constitutional validity of Section 65(76b) of the Finance Act, 1994 (for short, 'the Act') as amended by the Finance Act, 2005 was challenged primarily and principally on the ground that there is lack of legislative competence on the part of the concerned Legislature to bring in such a legislation and further, assuming the legislation meets the test of legislative competence, it is violative of Article 14 of the Constitution of India. The aforesaid writ petitions were listed along with W. A. No. 1524 of 2007.2. In the course of hearing of the writ appeal, on behalf of the appellant therein, it was contended that the decision rendered by the Division Bench in Vindhyachal Distellaries Pvt. Ltd. v. State of M.P. [2007] 7 VST 197 (MP) has not appropriately considered the decision rendered in Som Distilleries and Breweries Pvt. Ltd. v. State of M.P. [1997] 1 ILJ 319 and various other aspects which deserve consideration. The Divisio...
Hitendra Sharma Vs. New India Assurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Mar-20-2008
Reported in: 2009ACJ1351
Arun Mishra, J.1. The appeal has been preferred by claimant assailing the award dated 3.8.2004 passed by the Tenth Addl. M.A.C.T. (Fast Track), Gwalior in Claim Case No. 35 of 2003.2. The claimant preferred claim petition on account of personal injury sustained in an accident dated 20.6.2002, he sustained injuries on radius ulna and other parts of the body. He became permanent disabled, he cannot work as a sports teacher. The claimant was working as sports teacher in Wendy School, he used to earn Rs. 4,500 per month. The claimant has suffered surgery twice as well as obtained continuous treatment. Compensation of Rs. 24,00,000 was claimed.3. The owner and driver of the vehicle remain ex parte.4. Insurer in the reply denied the liability to make the payment of compensation on the ground that excessive compensation has been awarded to the claimant. Driver of the tanker in question was not having valid and effective licence, the intimation of the accident was not given.5. The Tribunal has...
Vikas Bhandari Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-19-2008
Reported in: 2008(3)MPHT517
S.K. Kulshrestha, J.1. This appeal is directed against the judgment dated 30th January, 1999 passed by the learned 2nd Additional Sessions Judge, Ujjain in Sessions Trial No. 302/1997 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life.2. According to the prosecution, deceased Vinay was in his book shop at about 4.30 in the evening on 24-9-1997 alongwith accused Vikas Bhandari. Vinay was found lying on the ground in badly injured condition and at that time Sunil Kumar Yadav (P.W. 10) who lives across the road, Akhilesh (P.W. 6), who was passing by the shop and Varisuddin (P.W. 7) whose father had a shop opposite the shop of the deceased, saw the accused running away with knife in his hand. Akhilesh (P.W. 6) and Sunil Kumar Yadav (P.W. 10) inquired from the deceased as to what had transpired. The deceased mentioned the name of the accused and thereafter lost consciousness. He had a number of injuries on his body from...
indarlal and ors. Vs. Vijay Kumar and ors.
Court: Madhya Pradesh
Decided on: Mar-19-2008
Reported in: 2009ACJ1077
Arun Mishra, J.1. This appeal has been preferred by the claimants for enhancement of compensation and for fastening the liability upon the insurer, calling in question the award dated 10.1.2005 passed by the Additional Motor Accidents Claims Tribunal, Sabalgarh, District Morena in Claim Case No. 60 of 2004.2. Claimant are the widow, daughter, son and parents of deceased Parsadi, aged 23 years. Claimants submitted that Parsadi used to do business of wholesale and retail selling of vegetables. He used to purchase vegetables from Gwalior and used to sell in a market at Sabalgarh.3. On 11.8.2001 the deceased was carrying the vegetables in Matador No. MP 07-G 3827. The claimants submitted that Matador was driven rashly and negligently which dashed with a truck due to which Parsadi sustained injuries and succumbed to the injuries. Autopsy was performed. Report was lodged at the police station. The claimants submitted that the deceased used to earn Rs. 10,000 per month, hence compensation of ...
Bhuri and ors. Vs. Kedar Singh and ors.
Court: Madhya Pradesh
Decided on: Mar-19-2008
Reported in: 2009ACJ1408
Arun Mishra and A.M. Naik, JJ.1. The appeal has been preferred by claimants for enhancement of compensation aggrieved by the award dated 9.11.2004 passed by the Second Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 36 of 2004.2. The claimants are widow and children, maternal niece and grandparents of the deceased Ram Kishan (aged 25 years). It was submitted that the deceased was an agriculturist and bhumiswami of approximately 20 bigha of land. His income was claimed to be Rs. 6,000 per month. He used to sell wheat also thereby earning livelihood. It is said that he used to sell milk also. When he was going on his bicycle on 12.1.2004, he was dashed by a truck bearing registration No. CPW 7521 from behind, as a result of which, Ram Kishan sustained injuries and succumbed to them on the spot. A report against driver of truck was lodged at Police Station Jhansi Road, thereby a case for committing an offence under Sections 279, 304-A of Indian Penal Code was registe...
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