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Madhya Pradesh Court December 1983 Judgments

Dec 16 1983

Renu Soni and ors. Vs. Narayan Singh and ors.

Court: Madhya Pradesh

Decided on: Dec-16-1983

Reported in: 1(1984)ACC451

R.C. Shrivastava, J.1. This is claimants' appeal under Section 110-D of the Motor Vehicles Act, 1939.2. This appeal was preferred by Kumari Renu, Mrs. Rooprani, Deoraj, Satish and Rameshwar, Deoraj having died during pendency thereof, the appellants numbered as 3(a) to 3 (i) were brought on record as his legal representatives. The appellant No. 3(i) is the same person as the appellant No. 2. She is widow of Deoraj. The appellant No. 3(f) is the same person as the appellant No. 4. He is a son of Deoraj. The appellant Nos. 3(a), 3(c), 3(d), 3(e), 3(g) and 3(h) are also sons of Deoraj. The appellant No. 3(b) is his daughter while the appellant No. 1 is his grand daughter.3. On 6-12-1967 Deoraj, his wife Mrs. Rooprani, sons Satish, Sushil and Inder grand daughter Renu were going from Indore to Himachal Pradesh via Gwalior by a jeep belonging to Rameshwar Ghisaji, appellant No. 5. When the jeep reached near Gwalior at about 1.15. p.m. it collided with a truck coming from the opposite direct...

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Dec 08 1983

R.J. Divekar Vs. Union of India (Uoi) and ors.

Court: Madhya Pradesh

Decided on: Dec-08-1983

Reported in: (1985)ILLJ30MP

ORDERG.G. Sohani, J. 1. This is a petition under Article 226 of the Constitution of India.2. The material facts giving rise to this petition, briefly, are as follows:The petitioner, an employee of the Western Railway, was at the material time working on the post of Loco Driver at Ratlam. On 17th April, 1968, a goods train 768-Up going towards Bombay left Meghnagar railway station at 0.20 hours and stopped outside the home signal of Anas B Cabin, as the passenger train 55 Dn. coming from the opposite direction was to pass first towards Ratlam. At that time, another goods train 846-Up coming from Ratlam dashed against 768-Up goods train. At the time of the accident, the petitioner was the driver of goods train 846-Up. He was suspended on 18th April, 1968 and was prosecuted for having committed offences punishable under Section 101 of the Indian Railways Act and Section 304A of the Indian Penal Code. The charges framed against the petitioner were as follows:First: That you, on or about 17...

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Dec 07 1983

Lokendra Singh Rathore Vs. Wealth-tax Officer, 'A' Ward and Anr.

Court: Madhya Pradesh

Decided on: Dec-07-1983

Reported in: [1985]153ITR466(MP)

Sohani, J.1. This a petition under Articles 226 and 227 of the Constitution of India.2. The material facts giving rise to this petition, briefly, are as follows : The petitioner owned 203 bighas of agricultural land situated in village Dosigaon in Ratlam District and 168 bighas of BIR situated in village Morwani. While submitting his return for wealth-tax for the assessment year 1970-71, the petitioner declared the value of the aforesaid agricultural land and BIR at Rs. 70,820 as on March 31, 1970, which was the relevant valuation date for the assessment year 1970-71. The petitioner contends that the valuation was declared by him on the basis of the report of an approvedvaluer. The valuation was accepted by the Department and the assessment of the petitioner to wealth-tax for the assessment year 1970-71 was made on the basis of that valuation. For the assessment year 1971-72, the valuation of the land in question made by the petitioner on the basis of the valuation made for the assessm...

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Dec 05 1983

Commissioner of Income-tax Vs. Godavari Corporation Ltd.

Court: Madhya Pradesh

Decided on: Dec-05-1983

Reported in: (1984)43CTR(MP)148; [1985]156ITR835(MP)

U.N. Bhachawat, J. 1. This is a reference under Section 256(1) of the Income-tax Act, 1961 (for short, hereinafter referred to as ' the Act '), at the instance of the Department as well as the assessee-company, whereby the Income-tax Appellate Tribunal, Bombay Bench 'A' (for short, hereinafter referred to as 'the Tribunal'), has referred the following two questions for decision by this court :' (1) Whether, on the facts and in the circumstances of the case, theprofits of the assessee from transactions in shares of Hindustan Motors Ltd.are includible in its assessments for 1962-63 and 1963-64 under the head' Business ' (2) Whether, on the facts and in the circumstances of the case, the profits of the assessee from transactions in shares of Century Spinning and Weaving Company Ltd. are includible in its assessments for 1962-63 and 1963-64 under the head ' Business ' '2. The assessee is a company having its registered office at Gwalior (M.P.) and carries on business at and from Gwalior. A...

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Dec 03 1983

Suhag Hotels (Pvt.) Ltd., Indore and anr. Vs. Madhya Pradesh Housing B ...

Court: Madhya Pradesh

Decided on: Dec-03-1983

Reported in: AIR1984MP77

J.S. Verma, J.1. Petitioner No. 1 (hereafter referred as petitioner Company) is a company incorporated under the Companies Act and petitioner No. 2, V. K. Khanna, is one of its Directors. Respondent No. 1, M. P. Housing Board, is a body corporate, which has been established under Section 3 of the M. P. Griha Nirman Mandal Adhiniyam, 1972 (hereafter referred as the 'Adhiniyam') The M. P. Housing Board has constructed a six storey building on the Agra Bombay road at Indore. This building was given by the Housing Board to the petitioner company for running a hotel, known as 'Suhag Hotel' therein, on the terms and conditions contained in the agreement (Annexure-A) dated 9-1-1978.2. During the occupation by the petitioner-Company of this building as a licensee, contravention of the terms and conditions of the aforesaid agreement (Annexure-A), particularly those relating to payment of the licence fee was alleged by the Housing Board and not denied by the petitioner-Company. Accordingly, a no...

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Dec 03 1983

Chhedilal Agarwal Vs. State of Madhya Pradesh and ors.

Court: Madhya Pradesh

Decided on: Dec-03-1983

Reported in: AIR1984MP94

K.N. Shukla, J.1. This is a petition for review of this Court's order dated 14-8-1980 passed on Misc. Petition No. 422 of 1980 dismissing petitioner's petition under Arts. 226 and 227 of the Constitution for quashing the order dated 17-12-1979 passed by the Sub-Divisional Officer, Patan under Section 7 of the M. P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ke Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (Act No. 3 of 1977).2. The petitioner in the writ petition had claimed that the transaction in question which was held to be a prohibited transaction of loan by the Sub-Divisional Officer was in fact not a transaction of loan but of out-right sale of agricultural land, and, therefore, the impugned order declaring it to be void under Section 7 of the Act was illegal. This Court held that a finding of fact had been recorded by the competent authority i.e, the Sub-Divisional Officer and the same was confirmed by the Collector who was ...

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