Madhya Pradesh Court February 1983 Judgments
New India Assurance Co. Ltd. Vs. Nansingh and ors.
Court: Madhya Pradesh
Decided on: Feb-28-1983
Reported in: [1986]59CompCas919(MP); (1984)ILLJ186MP
P.D. Mulye, J. 1. This appeal filed by the New India Assurance Co. Ltd. under Section 30 of the Workmen's Compensation Act, 1923, is directed against an award dated February 28, 1978, given by the Commissioner for Workmen's Compensation, Indore, in Case No. 26 of 1978, whereby he has awarded a total compensation of Rs. 7,000 in favour of claimants-respondent No. 1, Nansingh, and respondent No. 2, Bhurabai, who are the dependent-parents of their deceased son, Daulat, who died in the accident that occurred on June 10, 1975, during the course of his employment as a tractor driver with respondent No. 3, Madhusudan, who was his employer.2. The short and undisputed facts, giving rise to this appeal, in brief, are as under: Claimants-respondents Nos. 1 and 2 are the parents of the deceased, Daulat. On June 10, 1975, while the deceased was driving the tractor from Badwani to Party, the tractor overturned and in the said accident, the deceased died on the spot. The deceased admittedly was an em...
Tag this Judgment!Ratlam Bone Mills Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Feb-28-1983
Reported in: [1984]147ITR148(MP)
Sohani, J.1. By this reference under Section 256 of the I.T. Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Indore, has referred the following questions of law to this court for its opinion :'(1) Whether, on the facts' and in the circumstances of the case, salary paid to Shri Kantilal Chopra in his individual capacity is to be disallowed under Section 40(b) of the Income-tax Act, 1961 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the expenditure on repairs and renovations to the factory building and godowns to the tune of Rs. 34,245 was capital in nature ?' 2. The material facts giving rise to this reference briefly are as follows:3. The assessee is a registered firm deriving its income from the manufacture of bone-powder and glue. The assessment year in question is 1975-76. While scrutinizing the accounts of the assessee for the relevant account year, the ITO found that payment of Rs. ...
Tag this Judgment!Bhushanlal Sahu and ors. Vs. Jamunadas Sukhwani and ors.
Court: Madhya Pradesh
Decided on: Feb-26-1983
Reported in: AIR1983MP168
ORDERB.C. Varma, J.1. An election petition was filed before the District Judge. Durgunder Section 20 of the Madhya PradeshMunicipalities Act, 1961 by the non-applicant No. 1, Jamunadas challengingthe election of applicants Shyamlal andDwarendra Verma and non-applicants 2and 3. Rama Pandey and Bhulau Vermaas members of the Standing Committeeof Municipal Council. Bemetara. Anobjection was raised as to the maintainability of the election petition. By theimpugned order, that objection has beenoverruled and the election petition hasbeen held to be maintainable. In thisrevision, the question raised for consideration, therefore, is whether ah electionpetition under Section 20 of the Act is maintainable against the election of councillors as members of Standing Committeeof the Municipal Council,2. Chapter II of the Act deals with constitution of municipalities. Section 18 requires that there shall be constituted for each municipality a council having authority over the municipality. It shall b...
Tag this Judgment!Commissioner of Sales Tax Vs. Tansukhdas Madanlal
Court: Madhya Pradesh
Decided on: Feb-26-1983
Reported in: [1983]53STC349(MP)
J.S. Verma, J.1. This is a reference made under Section 44(1) of the M.P. General Sales Tax Act, 1958, to answer the following question, namely :Whether, in the facts and circumstances of this case, the Tribunal was competent in refusing to enhance the turnover of Rs. 95,795 under Section 38(5) of the M.P. General Sales Tax Act on the application made in this regard by the applicant-Commissioner, Sales Tax ?2. The material facts giving rise to the reference may now be stated. The relevant period of assessment is Diwali 1966, to Diwali 1967, i.e., 13th November 1966 to 2nd November, 1967. The assessee is a dealer in vegetable oils. The assessee claimed that 23,338 tin containers had been sold along with the vegetable oil contained in them and the price charged for the containers alone was Rs. 1.25 each. The assessing authority estimated Rs. 3 as the cost of each container and assessed accordingly. The assessment order is annexure A dated 23rd October, 1972. The assessee preferred a firs...
Tag this Judgment!Arvind Kumar and anr. Vs. Income-tax Officer
Court: Madhya Pradesh
Decided on: Feb-23-1983
Reported in: [1984]146ITR437(MP)
Sohani, J.1. The order in this case will also govern the disposal of Miscellaneous Petition No. 398 of 1981. By these petitions under Article 226 of the Constitution of India, the petitioners have prayed that notices issued to the petitioners by the respondent, ITO, Dewas, under Section 148 of the I.T. Act, 1961 (hereinafter referred to as 'the Act') be quashed.2. The material facts giving rise to these petitions, briefly, are as follows:Petitioner No. 2 is a registered partnership firm carrying on business of manufacture and sale of khandsari sugar at village Mahukhedi Nevri, in the district, Dewas. Petitioner No. 1 is one of the partners of petitioner No. 2. For the assessment years 1976-77 and 1977-78, for which the relevant accounting years of the petitioner-firm ended on 30th June, 1975, and 30th June, 1976, respectively, petitioner No. 2 filed its returns. In the relevant years, petitioner No. 2 had paid interest to its partners and to three HUFs, Mohanlal Badrilalji, Sureshchand...
Tag this Judgment!Bhagwani Bai Vs. Life Insurance Corporation of India, Jabalpur
Court: Madhya Pradesh
Decided on: Feb-22-1983
Reported in: AIR1984MP126
Faizanuddin, J.1. This is an appeal, at the instance of the plaintiff directed against the Judgment and decree dated 29-7-1978, passed by the Addl. District Judge, Satna, in Civil Suit No. 6-B of 1975, dismissing the plaintiff's suit.2. It was not disputed that the plaintiff's husband late Moolchand had insured himself with the defendant, Life Insurance Corporation of India (hereinafter referred to as the 'Corporation') on 28-3-1972 for a sum of Rs. 25.000/- against policy No. 28948907 and that he had filled in a proposal form (Ex. D-l) dtd. 27-3-72 and made a personal statement (Ex. D-2) on the same date. After taking the said policy, Moolchand died within a month on 16-4-72. The plaintiff being his widow was nominated in the said policy as a beneficiary. After his death, she made a demand of the amount covered by the said policy but the Divisional Manager of the defendant Corporation, by his letter dated 29-12-1973 (Ex. D-3) refused the payment. It was also not disputed that before t...
Tag this Judgment!Dharmendra Singh Vs. the District Magistrate and anr.
Court: Madhya Pradesh
Decided on: Feb-22-1983
Reported in: 1983CriLJ1196
G.L. Oza, J.1. This is a petition filed by the petitioner against an order of detention passed by respondent 1 and confirmed by respondent 2 against one Sardar Singh alias Brijendra Singh who is the brother of the petitioner.2. The order of detention was passed on 21-12-1982 Under Section 3(2) of the National Security Act, 1980, The order as well as the grounds of detention were furnished to the detenu in jail at Nagod district Satna. The grounds of detention are also dated 21-12-1982.3. It is alleged by the petitioner that the detenu was taken in custody Under Section 151, Criminal P.C. on 7-12-1982 by the police of police station, Rampur-Baghelas. He was produced before the Sub-Divisional Magistrate, Raghurajgar, Satna on 9-12-1982 where he was called upon to furnish security and as he did not furnish the security, he has been sent to Nagod jail. It is, therefore, alleged that on the date on which this order of detention was passed, the detenu was already in custody for about 12 days...
Tag this Judgment!Balwant Singh Vs. Kailash Chandra Dubey
Court: Madhya Pradesh
Decided on: Feb-17-1983
Reported in: AIR1984MP63
ORDERG.P. Singh, C.J. 1. This revision is directed against an order dated 29th March, 1982 passed by the District Judge, Hoshangabud, dismissing an diction petition filed by the applicant challenging the election of non-applicant No. 1 as President of the Municipal Committee, Hoshangabad,2. One Girja Shanker Sharma, who was neither an elected nor selected Councillor, was the President of the Municipal Committee. The term of Sharma as President expired on 8th Feb., 1982. He, however, continued to be the President under the proviso to Section 43 (2) (c) of the Madhya Pradesh Municipalities Act, 1961. At the election for the new President, the meeting of the Council was presided over by the Collector, Hoshangabad. Sharma, the outgoing President, was allowed to cast his vote. The non-applicant Kailash Chandra Dubey obtained eleven votes and the applicant Bal-want Singh obtained ten votes. The non-applicant was declared elected by majority of one vote.3. The main grievance of the applicant ...
Tag this Judgment!Raja Vikramadityasingh Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Feb-14-1983
Reported in: [1984]146ITR372(MP)
Sohant, J.1. This is an application under Section 256(2) of the I.T. Act, 1961, (hereinafter referred to as 'the Act').2. The material facts giving rise to this application briefly are as follows :For the assessment year 1971-72, the assessee had to file a return on or before September 30, 1971, but the return was, however, filed on March 22, 1973. The ITO, therefore, initiated penalty proceedings against the assessee under Section 271(1)(a) of the Act. In reply to the show-cause notice, the assessee gave an explanation for the delay in filing the return. The ITO was, however, of the opinion that the assessee had failed to make out reasonable cause for the delay of 17 months in filing the return. The ITO, accordingly, imposed penalty, which was confirmed on appeal, by the AAC, The assessee filed a second appeal before the Tribunal. The Tribunal, after considering the entire material on record, affirmed the finding of the ITO and the AAC that there was no reasonable cause for the delay ...
Tag this Judgment!Zaheer Ahmed, Bhopal and Anr. Vs. Hon'ble Kuladhipati, Bhopal Universi ...
Court: Madhya Pradesh
Decided on: Feb-09-1983
Reported in: AIR1984MP26
B.C. Verma, J.1. The petitioners who are residents of Bhopal and are in-terested in the affairs of the Bhopal University, Bhopal, challenge, through this petition under Article 226 of the Constitution of India, the appointment of Shri R. C. Shukla, respondent No. 2. as Kulapati (Vice-Chancellor) of the Bhopal University.2. Under the scheme of the Madhya Pradesh Vishwavidhyalaya Adhiniyam, 1973 (Act No. 22 of 1973), (hereinafter referred to as the 'Adhiniyam'), a Kulapati of a University is to be appointed by Kuladhipati (Chancellor). For this purpose, the Kuladhipati is required to appoint a Committee of three persons including Chairman. The Committee is to recommend a panel of eligible persons to be appointed as Kulapati. On receipt of this panel, the Kuladhipati has to appoint one of the persons from that panel as Kutapati. Section 13 (1) of the Adhiniyam provides that a Kulapati shall be so appointed by the Kuladhipati out of the panel of not less than three persons recommended by t...
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