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Madhya Pradesh Court July 2015 Judgments

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Jul 13 2015

Rajesh Kumar Jain and Others Vs. State of M.P. and Others

Court: Madhya Pradesh

Decided on: Jul-13-2015

1. In view of commonality of issues involved, with the consent of parties, matters were finally heard and decided by this common order. Facts are taken from W.P.No.7540/13. 2. The petitioner was initially appointed on 29.4.1989 as daily wager Sub Engineer in the respondent department. He possess the qualification of diploma in Civil Engineering. The petitioner filed an application under Section 31(3) of M.P. Industrial Relations Act, 1996 before the Labour Court seeking declaration that he be declared as permanently classified employee on the post of Sub Engineering. He also prayed for difference of pay. This case was registered as Case No.113/96/MPIR. The Labour Court decided this matter on 19.7.1999. The Labour Court gave a finding that the petitioner is entitled to be declared as permanent employee. Resultantly, from 02 years before the date of filing of application before the Labour Court (i.e., w.e.f. 1994) the petitioners were declared as permanent employees. They were directed t...


Jul 10 2015

Commissioner of Income Tax Vs. M/s Mechmen 11-C, Bhopal

Court: Madhya Pradesh

Decided on: Jul-10-2015

A.M. Khanwilkar, CJ. 1. These appeals are filed by the Department qua single assessee regarding seven separate assessment years i.e. 2000-01, 2001-02, 2002-03, 2003-04, 2004-05, 2005-06, 2006-07, bearing I.T.A. Nos.53, 48, 50, 54, 45, 44 and 56 of 2011 respectively. Moreover, these appeals emanate from a common order passed by the Income Tax Appellate Tribunal, Indore Bench, at Indore dated 29.12.2010. Since common substantial questions of law have been framed in these appeals, the same were heard analogously and, therefore, are being disposed of by this common judgment. 2. The respondent is a partnership firm carrying on the business of Hi. Tech Heavy Steel Fabricators and manufacturer for last more than 25 years. It is stated that the respondent has been maintaining regular books of accounts, which were duly audited under Section 44AB of the Income Tax Act (hereinafter referred to as the IT Act). Further, it had filed returns under Section 139(1) of the IT Act regularly. A search was...


Jul 10 2015

Lakhanlal Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-10-2015

1. The appellant has preferred the present appeal being aggrieved with the judgment dated 24.1.1997 passed by the Additional Sessions Judge, Harda in S.T. No.13/1996, whereby the appellant has been convicted of offence under Section 307 of the IPC and sentenced to five years R.I. with fine of Rs.5,000/-. In default of payment of fine, 15 months S.I. 2. Facts of the case in short are that on 28.4.1995 at about 4:00 p.m., the complainant Narmada Prasad went to the house of the appellant at village Palasner to bring his wife back. When he requested the appellant then, the appellant abused him. Again Narmada Prasad requested the appellant not to use such words in the conversation then, the appellant suddenly gave two blows with dagger in his abdomen causing him fatal injuries. Narmada Prasad immediately ran away from the spot and reached to the dense locality of township of Palasner. On his shouting, Ganesh Prasad (PW-2) and Professor Radheshyam (DW-1) helped him. They took him to the Poli...


Jul 08 2015

Biharilal Gupta Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-08-2015

1. The appellant has preferred the present appeal against the judgment dated 20.8.1998 passed by the Special Judge under Essential Commodities Act and Sessions Judge, Satna in Special case No.1/1997, whereby the appellant has been convicted of offence under Section 3/7 of Essential Commodities Act (in short EC Act ) and sentenced to 6 months Rigorous Imprisonment with fine of Rs.10,000/-. 2. The prosecution s case, in short, is that, Food Inspector Shri Vipin Kumar Patel (P.W.3) alongwith Assistant Food officer Shri N.K.Chaturvedi went to the shop of the appellant on 19.2.1997 at village Sajjanpur (Police Station Rampur Baghelan, District Satna). Thereafter, in 4-5 drums 450 liters of blue kerosene was recovered from the appellant in presence of the witnesses. The appellant had no licence to sell such prohibited article according to M.P. Kerosene Licensing Order, 1979. Hence, seized kerosene oil was given to the Manager of Sewa Sahakari Samiti, Sajjanpur and thereafter, it was sold by ...


Jul 06 2015

Shankersingh Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-06-2015

1. The appellant has preferred the present criminal appeal being aggrieved with the judgment dated 29.8.1997 passed by the Sessions Judge, Damoh in ST. No.10/1997 whereby, the appellant has been convicted of offence under Section 376 (1) of I.P.C and sentenced to five years rigorous imprisonment with fine of Rs.3000/-, in default of fine, six months rigorous imprisonment. 2. The facts of the case in short are that the prosecutrix (PW1) was resident of Village Rakri Imlia Mangarh (Police Station Nohta, District Damoh). On 15.11.1996 at about 8.00 to 9.00 a.m she went to Village Imlia for shopping and at about 4.00 pm., when she was coming back to her Village Rakri, near a culvert of Gadar the appellant Shankar Singh detained her. He had shown a sum of Rs.20/- to have cohabition with the prosecutrix. The prosecutrix refused to do so then he had committed a forceful rape upon her. A threat was given by the appellant that if any information about the incident is given to anyone then her ey...


Jul 06 2015

National Fertilizer Ltd. Vs. Bhagwan Das Pal

Court: Madhya Pradesh

Decided on: Jul-06-2015

1. This petition filed under Article 227 of the Constitution challenges the award of the Labour Court passed in Case No. 25/A/ID Act,/2000 (Ref.). The Labour Court No.1, Gwalior by said award answered the reference in favour of the workman and opined that termination of workman was not legal and justified. The workman was directed to be reinstated without back wages. 2. The brief facts necessary for adjudication of this matter are that, the workman was discontinued from service w.e.f. 23.10.1990. He assailed this action before this Court by filing W.P. No. 2257/90. After hearing both the parties, this Court by order dated 26.4.1996 allowed the petition with cost. The employer, feeling aggrieved by this, filed LPA No. 321/96. This LPA was decided by Division Bench by judgment dated 1.5.1999. 3. A plain reading of the order passed in W.P and stand of employer before W.P. shows that the Respondent (workman) contended that he was employee of petitioner, National Fertilizers Ltd. (NFL), whe...


Jul 06 2015

Dr. Gulab Singh Kirar Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Jul-06-2015

In view of availability of the case dairy, the application is taken up for consideration. On behalf of the applicant, this application is preferred under section 438 of Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest in connection with Crime No.285/2014 registered at police station, Jhansi Road, Gwalior for the offences of sections 419, 420, 467, 468, 471, and 120B IPC and section 3/4 of Pariksha Adhiniyam. Applicant's counsel Shri Ankur Maheshwari, after taking us through the application as well as the papers placed on record along with rejection order of the Sessions Court, by referring to the first information report said that by fabricating a false story, applicant and his son have been falsely implicated in the matter, while such son of the applicant secured admission in the alleged PG course on the basis of his qualification and ability. In addition, he said that he has not only secured admission in PG course, but he secured first rank in all ove...


Jul 02 2015

Aashima Goyal Vs. Pt. Dwarka Prasad Mishra IIITDM and Others

Court: Madhya Pradesh

Decided on: Jul-02-2015

1. Petitioner is a student of B. Tech (Electronics and Communication Engineering) in Pandit Dwarka Prasad Mishra IIITDM Institute, Jabalpur. On 30.11.2013, petitioner appeared in the First Semester, First Year Examination for the said course and when a paper in the Subject - Effective Communication (Subject Code HS101), was being conducted, petitioner was found to be in possession of a mobile in the Examination Hall. The Invigilator seized the mobile and according to the petitioner she handed over the mobile to the Invigilator and explained the reasons why she was carrying the mobile and tried to justify her bona fide in keeping the mobile at the time of the Examination. 2. It is said that after this incident took place, petitioner was communicated about cancellation of her Examination in the subject in question vide Annexure P/1. According to the petitioner, along with her four or five other students, who were also found carrying mobile were dealt with in the same manner and this comm...


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