Madhya Pradesh Court August 1974 Judgments
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Commissioner of Wealth-tax Vs. Abdul HussaIn Mulla Mohd. Ali
Court: Madhya Pradesh
Decided on: Aug-30-1974
Reported in: [1976]103ITR400(MP)
P.K. Tare, C.J.1. In this reference under Section 27(1) of the Wealth-tax Act, 1957, the Income-tax Appellate Tribunal has sought our opinion on the following two questions :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the amount of Rs. 4 lakhs cannot be included in the total assets of the assessee ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in accepting that the amount of Rs. 4 lakhs was in the nature of 'Quaraza-e-Hasana', particularly when the amount of Rs. 1,21,800 out of Rs. 4 lakhs has been repaid '2. The present reference, which governed four different cases before the Income-tax Appellate Tribunal, relates to the assessment years 1957-58, 1958-59 and 1960-61. The case is to the effect that the respondent, Abdul Hussain, orally gave an amount of Rs. 4,00;000 to one Faizullabhai some time before the year 1950. There was no written document in that behalf nor was it enter...
Abdul Aziz Vs. Central Excise Department and anr.
Court: Madhya Pradesh
Decided on: Aug-27-1974
Reported in: 1975CriLJ1713
ORDERN.M. Golvalkar, J.1. This revision petition is by the accused whose appeal against his conviction under Rule 126-P (2) (II) read with Rule 126-I (10) of the Defence of India Rules for having been found in unauthorised possession of 100 Tolas of gold. contained in 10 biscuits of 10 Tolas each, has been dismissed by the Additional Sessions Judge, Khandwa.2. The petitioner, along with one Parshuram Sindhi, had travelled from Bombay by Punjab Mail on way back to Indore. As soon as they got down from the said train at Khandwa in order to take the train from there to Indore the Central Excise Authorities apprehended them and in course of search of their persons, 100 Tolas of primary gold of foreign make, in the shape of 10 biscuits weighing 10 Tolas each, was discovered found tied round the petitioner's waist. These facts are no longer in dispute.3. However, accordant to the petitioner, he was merely a carrier of the gold which had been acquired by his companion Parshuram at Bombay and ...
A.S. Naidu Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-26-1974
Reported in: 1975CriLJ498; 1974MPLJ769
S.M.N. Raina, J.1. The following question has been referred by Bhave. J. far decision:Whether this Court can exercise discretion under Section 397 of the Code of Criminal Procedure and direct the sentence awarded in subsequent trials to run concurrently with the sentence awarded in previous trial even after the appeals or revisions preferred by the convict have been dismissed?2. For a proper consideration of this question, it is necessary to refer to Section 397 of the old Code of Criminal Procedure (hereinafter referred to as 'the Code') which corresponds to Section 427 of the new Code of Criminal Procedure. The said section is reproduced below for facility of reference:397.(1) When a person alreadv undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that t...
Chaurasia and Co. and anr. Vs. Smt. Pramila Rao and ors.
Court: Madhya Pradesh
Decided on: Aug-22-1974
Reported in: AIR1975MP31
Singh, J. 1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939, against an award dated 30th April 1971 made by the Motor Accidents Claims Tribunal, Damoh, by which the claim of respondents 1 to 4 was allowed to the extent of Rs. 28,098/-.2. On 17th July 1969 an unfortunate accident happened in which a passenger bus was swept away by the flood waters of the river Sunar as a result of which seven persons lost their lives. One Salyanarayan Rao, who was Block Extension Educator in Batia-garh, was among the seven persons who died in the accident. Respondents 1 to 4, wholaid the claim before the Tribunal, are respectively the widow, two minor sons andone minor daughter of the deceased Satya-narayan Rao. The passenger bus which wasinvolved in the accident belonged toM/s. Chaurasia and Company, a partnership firm, which is the appellant in this appeal. The bus was going from Chhatarpur to Damoh. It was driven by John Victor, a driver employed by the appellant. Whilegoing fr...
Mehtar and anr. Vs. the Collector, Durg and ors.
Court: Madhya Pradesh
Decided on: Aug-19-1974
Reported in: AIR1975MP46
Malik, J.1. These appeals are directed against the order of the Additional District Judge, dated the 8th March, 1973, passed in Miscellaneous Judicial Case No. 9 of 1971, The principal question that arises for consideration is the determination of the market value of the land acquired on the date of notification under Section 4(1) of the Land Acquisition Act.2. The State Government has acquired for public purpose 127.52 acres of land in mouza Kasaridih, in tahsil anddistrict Durg. The notification under Section 4(1) of the Land Acquisition Act was issued on 2-12-1959 (published in the Madhya Pradesh Gazette dated the 4th December, 1959). Notification under Section 6 of the Act was issued on the 6th May, 1962, The Land Acquisition Officer gave an award earlier on 6-7-1961, but soon after, discovered that no award could be made without a proper notification under Section 6. Before he could initiate fresh proceedings, for the determination of compensation, one Smt. Suroj Kumari filed a wr...
P.R. Modi Vs. the Collector, Durg
Court: Madhya Pradesh
Decided on: Aug-16-1974
Reported in: AIR1975MP57
Malik, J. 1. These appeals and forty-eight more are directed against the order of the First Additional District Judge. Durg. made in connected references under Section 18 of the Land Acquisition Act. We propose to deal all the appeals together and the judgment delivered in these appeals shall be read as judgment in all the appeals.2. The lands are situated in mouza Kasaridih, in tahsil and district Durg. The preliminary notification under Section 4 of the Land Acquisition Act was published on 27-10-1960 for acquisition of 24.37 acres. The notification under Section 6 of the Act was issued on 29-1-1964. It was detected that Khasra Nos. 839 and 959/14 measuring. 30 acres were inadvertently omitted from the notification and a fresh notification for acquisition of those Khasra numbers had, therefore, to be issued under Section 4 on 12-9-1963. Notification under Section 6 in respect thereof, is dated 8-10-1963.3. On further verification, it was brought to light that Khasra No. 827/2 area .0...
The Union of India (Uoi) and anr. Vs. Ayodhya Prasad Parmeshwaridas
Court: Madhya Pradesh
Decided on: Aug-09-1974
Reported in: AIR1977MP18
ORDERShiv Dayal, J. 1. The respondent's suit was for the recovery of Rs. 579.59 on account of short delivery and damages against the Union of India, represented by the South Eastern Railway, the Central Railway and the Western Railway. The suit consignment was booked from Panelimoti to Raigarh vide railway receipt Ex. D-3 and forwarding note Ex. D-5. Out of 660 tins of groundnut oil, 17 tins were damaged, 9 tins were completely crushed and the contents of 8 tins weighed only 80 kgs. It has been found by the trial Court that there was short delivery of 13 tins and 4 kgs. of oil, the value of which was Rs. 554.59 P. It passed a decree for the entire amount claimed.2. It was averred in paragraph 5 of the plaint that the consignment wasbooked at railway risk rate. This was denied in paragraph 5 of the written statement and it was contended that the consignment was booked at the owner's risk rate.3. It was argued for the petitioner that since the railway receipt clearly shows that it was bo...
Malwa Vanaspati and Chemical Co. Limited Vs. Regional Provident Fund C ...
Court: Madhya Pradesh
Decided on: Aug-07-1974
Reported in: (1976)ILLJ307MP
ORDERG.L. Oza, J.1. This is a petition filed under Article 226 of the Constitution for quashing of the order passed by respondent No. 1, Regional Provident Fund Commissioner, holding the petitioner responsible for contribution of the provident fund in regard to workers employed through contractors.2. Facts relevant for the decision of this petition are that the petitioner is employing more than twenty workers and therefore, is covered under the Employees' Provident Funds Act, 1952 and it is alleged that, therefore, the petitioner is performing its obligation under that Act. According to the petitioner, the respondent No. 1 started proceedings to cover the labour employed through contractors and the petitioner was informed about it. Thereafter the petitioner represented to the respondent No. 1 that in view of the legal position no liability could be fastened against the petitioner in regard to the employees employed through contractors, under the Act. But respondent No. 1 ruled in the i...
Laghu Udyog Karmachari Co-operative Housing Society Ltd. Vs. State and ...
Court: Madhya Pradesh
Decided on: Aug-06-1974
Reported in: AIR1975MP93; 1974MPLJ887
Oza, J. 1. This is a petition filed by the petitioner seeking a direction for quashing the order passed by respondent dated 22-2-1972 withdrawing the permission granted by the Indore Improvement Trust with the approval of the Government and such other suitable directions.2. Facts giving rise to this petition are that the petitioner is a co-operative housing society registered under the M. P. Co-operative Societies Act with the object of developing a housing colony for its members. It is alleged by the petitioner :--(i) That this society before its registration was formed under the name the Maha Malav Co-operative Housing Society; but later it changed its name to 'Laghu Udyog Karmachari Co-operative Housing Society Ltd.' and was registered on 15-1-1971. This society had in view the land situated on Bhanwarkuva road. Indore within the limits of the Indore Municipal Corporation. This land is described as Khasra No. 1356/2 area 5.19 acres and Khasra No. 1358/2 area 3.51 acres total 8.70 ac...
The Chief Administrator, Dandakaranya Project, Koraput, Orissa and anr ...
Court: Madhya Pradesh
Decided on: Aug-06-1974
Reported in: AIR1975MP152
A.P. Sen, J. 1. This judgment shall also govern the disposal of Miscellaneous (First) Appeal No. 174 of 1970 (The Chief Administrator, Dandakaranya Project v. M/s. Prabartak Commercial Corporation Ltd.). This appeal under Section 39(1)(vi) of the Arbitration Act, 1940, is directed against an order of the Additional District Judge, Jagdalpur, dated 25-7-1969 remitting the award of Shri S. D. Jha, Advocate, Jagdalpur, dated 16-12-1968 for reconsideration on certain issues, and the connected appeal is directed against the preliminary decree drawn by the District Judge, Jagdalpur, dated 2-7-1970 in conformity with the awards. 2. The facts, in brief, are as follows:-- The respondent, which is a firm of contractors, entered into a contract with the appellants, for the collection and supply of 'hard granite chips', for the construction of NH/43, at four reaches, namely, (a) Mile 154/0 to Mile 166/0, (b) Mile 166/0 to Mile 179/4, (c) Mile 183/4 to Mile 191/0 and (d) Mile 196/0 to Mile 198/0. T...
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