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Madhya Pradesh Court December 1978 Judgments

Dec 18 1978

Smt. Frenibai G. Anklesaria Vs. Controller of Estate Duty

Court: Madhya Pradesh

Decided on: Dec-18-1978

Reported in: [1980]122ITR878(MP)

G.L. Oza, J.1. This reference under section 64(1) of the E.D. Act came up for hearing before us earlier and by our judgment dated 25th of January, 1978 [reported in : [1978]113ITR885(MP) ], we held that, to answer the reference, the statement of case submitted by the Tribunal was not sufficient, as the statement of case did not show as to from what account the amounts were withdrawn and gifted to Frenibai. Now, an additional statement has been submitted by the Tribunal, which shows that on the respective dates the various amounts withdrawn by Shri G. D. Anklesaria were withdrawn from the capital account of the partnership and each item after withdrawal from the capital account was gifted to Frenibai the next day as they have been credited to her account in the partnership account on the next day. It is not in dispute that the partnership was formed on the 24th of October, 1957, and it is from this partnership account of the capital that these respective items were withdrawn. 2. In Adda...

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Dec 07 1978

Basant Kumar Nahar Vs. the Rent Controlling Authority and anr.

Court: Madhya Pradesh

Decided on: Dec-07-1978

Reported in: AIR1979MP139; 1979MPLJ112

Dube, J. 1. The petitioner Basant Kumar Nahar by this petition under Article 226 of the Constitution of India, seeks to quash the order dated 3-12-77 (Annexure D), passed by respondent No. 1, Authorised Officer under the M. P. Accommodation Control Act, 1961 (hereinafter referred to as the Act) in exercise of the powers under Section 39 (4) of the Act. 2. The petitioner is a Division Development Officer, M. P. Khadi and VillageIndustries Board and was posted in that capacity at Indore. On 8-5-75 the respondent No. 1 under Section 39 (2) of the Act allotted residential accommodation consisting of six rooms on the ground floor of house No. 16, Race Course Road Indore, belonging to Firm Sobharam Gambhirmal. The petitioner occupied the said premises on 10-5-75. In the month of June, 1976 the petitioner was transferred to Bilaspur and from there he was transferred to Bhopal in June, 1977. The respondent No. 1 issued the impugned order and got its copy pasted at the premises which was allott...

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Dec 07 1978

United India Fire and General Insurance Co. Ltd. Vs. Bhairon and ors.

Court: Madhya Pradesh

Decided on: Dec-07-1978

Reported in: 1(1985)ACC49

C.P. Sen, J. 1. This is an appeal by the Insurance Company under Section 30 of the Workmen's Compensation Act, 1923, against the award of compensation amount of Rs. 11,340/-.2. The facts not in dispute are that tractor No. MPK. 6184 with its trolley No. MPK. 1975 belonged to the respondent No. 3 and was insured with the appellant Insurance Company. The tractor was being used for cultivation of the lands jointly owned by the respondents 2 to 4. The respondent No. 1 was engaged as a labourer by the respondents in their field and he was drawing a salary of Rs. 135/- per month. On 16-5-1976 he along with other labourers was asked to bring sand for construction of a house by the respondents 2 to 4 for storing grains in their farm. On the way, 2 tyres of the trolley loaded with sand got punctured near the motor-stand. The respondent No. 1 tried to apply jack to the trolley and in that process the trolley fell down on his legs and he has been permanently disabled. The case of the respondent N...

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Dec 07 1978

United India Fire and General Insurance Co. Vs. R.R. Jaiswal and ors.

Court: Madhya Pradesh

Decided on: Dec-07-1978

Reported in: 1(1985)ACC415

C.P. Sen, J.1. This is an appeal by the Insurance Company under Section 30 of the Workmen's Compensation Act, 1923, against the award of compensation amount of Rs. 11,340/-.2. The facts not in dispute are that tractor No. MPK/6184 with its trolley No. MPK/1975 belonged to the respondent no 3 and was insured with the appellant Insurance Company. The tractor was being used for cultivation of the lands jointly owned by the respondents Nos. 2 and 4. The respondent No. 1 was engaged as a labourer by the respondents in their field and he was drawing a salary of Rs. 135/- per month. On 16-5-1976 he alongwith other labourers was asked to bring sand for construction of a house by the respondents 2 to 4 for storing grains in their farm. On the way, 2 tyres of the trolley loaded with sand got punctured near the motor stand. The respondent No. 1 tried to apply jack to the trolley and in that process the trolley fell down on his legs and he has been permanently disabled. The case of the respondent ...

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Dec 01 1978

Kapilnath Mistri Vs. Shyamkishorelal Agarwal

Court: Madhya Pradesh

Decided on: Dec-01-1978

Reported in: AIR1979MP150

B.C. Varma, J. 1. This appeal is by the defendant No. 1 against the judgment and decree directing him to pay a sum of Rs. 7,764.06 to the respondent-plaintiff. The suit against the other two defendants was dismissed by the trial Court. There is no appeal against them. 2. The plaintiff, who is admittedly a moneylender, made certain advances to the defendants from time to time. Accounts were settled on 10-11-1969 between the plaintiff and the appellant and a sum of Rs. 7,764.06 was found due to the plaintiff. The liability to pay this amount was acknowledged in writing by the appellant on the same day in the plaintiff's books. The plaintiff alleges that it was agreed that compound interest shall be payable by the defendant. In para 10 of the plaint, he pleaded that statements of accounts were submitted for the Samvat years 2027 and 2028 and for no others. He made a total claim of Rs. 11,005.21 inclusive of interest. The appellant pleaded in defence that the debts incurred by him from tim...

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