Madhya Pradesh Court April 1984 Judgments
Geetabai and ors. Vs. Hussainkhan and ors.
Court: Madhya Pradesh
Decided on: Apr-18-1984
Reported in: [1986]59CompCas739(MP)
R.K. Vijayvargiya, J.1. This appeal by the claimants under Section 110D of the Motor Vehicles Act, 1939, is directed against the award dated December 20, 1977, passed by the Motor Accidents Claims Tribunal, Ratlam, in Claim Case No. 7 of 1975.2. The material facts are as follows :Claimant No. 1, Geetabai, is the widow of the deceased, Khimaji. Claimants No. 2 to 9 are the minor children of the deceased, Khimaji. Khimaji was a resident of village, Istagarkheda, Tehsil Alot District Ratlam. On June 8, 1975, Khimaji had gone to Ratlam to meet his relations. On that day, at 7.45 p.m. when he was going on the road in front of the Government College, he was dashed against by a tempo bearing No. M.P.O. 3929 which was being driven by respondent No. 1, Husainkhan. Khimaji sustained serious injuries in the accident. He was admitted to the hospital. He succumbed to the injuries caused to him on June 13, 1975, in the hospital. Respondent No. 2, Mohammad Shan, was the registered owner of the said t...
Tag this Judgment!Geetabai and ors. Vs. HussaIn Khan and ors.
Court: Madhya Pradesh
Decided on: Apr-18-1984
Reported in: II(1984)ACC5
R.K. Vijaywargiya, J.1. This appeal by the claimants Under Section 110 of the Motor Vehicles Act is directed against the Award dated 20-12-1977 passed by the Motor Accident Claims Tribunal, Ratlam in Claim case No. 7 of 1975.2. The material facts are as follows:The claimant No. 1 Geetabai is the widow of deceased Khimaji. Claimants No. 2 to 9 are the minor children of deceased Khimaji. Khimaji was a resident of village Istagarkheda, Tehsil Alot District Ratlam. On 8-6-1975 Khimaji had gone to Ratlam to meet his relations. On that day 7.45 P.M. when he was going on the road infront of the Government College, he was dashed against a tempo bearing No. M.P.O. 3929 which was being driven by the respondent No. 1 Husainkhan. Khimaji sustained serious injuries in the accident. He was admitted to the hospital. He succumbed to the injuries caused to him on 13-6-1975 in the hospital. The respondent No. 2 Mohammad Shaft was the registered owner of the said tempo on the date of the accident and it ...
Tag this Judgment!Shyamabai and ors. Vs. P.C. Das and ors.
Court: Madhya Pradesh
Decided on: Apr-18-1984
Reported in: II(1984)ACC239
B.C. Varma, J.1. The appellants were claimants before the Motor Accidents Claims Tribunal, Durg. The claim has been dismissed on the ground that they could not prove the rashness and negligence of the respondent No. 1 P.C. Das whom they allege to be the driver of the vehicle which is alleged to have struck to deceased Netram and caused his death.2. It appears that on 13-12-1979, at about 10.00 A.M., the deceased on a bicycle was proceeding on Utai-Durg road. When he was negotiating a culvert near a liraha on that road, it is said that Truck No. MPS 5002 allegedly driven by the respondent No. 1 stuck Netram as a consequence of which he died on the spot. The appellant No. 1 as his widow, appellants 2 to 4 as children and appellant No. 5 as his mother claimed compensation for the death of Netram arising out of use of Truck No. MPS 5002 by the respondent No. 1. The respondent No. 2 was impleaded as the owner and respondent No. 3 as insurer. The claim was denied and it was submitted by the ...
Tag this Judgment!Commissioner of Income-tax Vs. S.C. Angre
Court: Madhya Pradesh
Decided on: Apr-11-1984
Reported in: [1986]157ITR261(MP)
C.P. Sen, J. 1. This is a reference at the instance of the Revenue under Section 256(1) of the Income-tax Act, 1961, by the Income-tax Tribunal requiring this court to give its opinion on the following question of law :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the interest of Rs. 91,943 received by the assessee on May 29, 1970, on additional compensation accrued from year to year and should be spread over and taxed in the year to which the interest relates and only that part of interest which relates to the assessment year 1971-72 should be assessed in that year ?'2. The facts are these : Shri C. S. Angre, the assessee, was a jagirdar of the erstwhile Gwalior State. By the Madhya Bharat Abolition of Jagirs Act, 1951, the jagirs were abolished with effect from December 4, 1952. Under Section 8 of the aforesaid Act, compensation was payable to the assessee in accordance with the principles laid down in Schedule I. Under Sub...
Tag this Judgment!Commissioner of Income-tax Vs. Abhoji Rao Phalke
Court: Madhya Pradesh
Decided on: Apr-11-1984
Reported in: (1984)42CTR(MP)78; [1985]156ITR604(MP)
C.P. Sen, J. 1. This is an application under Section 256(2) of the Income-tax Act, 1961, by the Department for a direction to the Income-tax Appellate Tribunal to state the case and refer the following question law : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the reopening of assessment under Section 147(b) of the Income-tax Act, 1961, was bad in law ?' 2. The respondent-assessee is a Hindu undivided family and the assessment year in question is 1974-75 for the accounting year ending March 31, 1974. For this year, the assessment was completed on a total income of Rs. 23,368 on February 26, 1977, by the Income-tax Officer. In that year, the assessee had sold certain land measuring 9,800 sq. feet for Rs. 66,000 and it claimed that since the land was appurtenant to the residential house and since it has incurred expenditure more than the sale price, the capital gains on the sale of the land was exempt under Section 54 of the Act...
Tag this Judgment!Balerian Minj Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Apr-09-1984
Reported in: 1985CriLJ1394
S.S. Sharma, J.1. In Sessions Trial No. 8 of 1981, Sessions Judge, Raigarh, by his judgment dt. 15-5-1981 convicted the appellant under Section 302, I.P.C. and sentenced him to imprisonment for life. Since the appellant bad preferred an appeal from jail, a counsel had been provided to him by the registry.2. The appellant was alleged to have committed the murder of his wife Alizabeth 18-12-1980 at about 10 P.M. in village Ghueetangar. It is said that the appellant had recently been married with the deceased.3. The prosecution case briefly stated is that in the night of 18-12-1980 when the appellant returned back to his house, he was heavily intoxicated. Appellant asked the deceased to serve him the food. The deceased seeing the appellant to be heavily intoxicated was annoyed and instead of serving the food, kicked him. Thereafter the deceased collected her clothes etc. and kept them in a plastic 'Theli' and left the house to go to her parents' house. At a distance of two furlongs from v...
Tag this Judgment!Dr. Smt. Patience Willams Vs. Ashok
Court: Madhya Pradesh
Decided on: Apr-07-1984
Reported in: AIR1985MP223
Mulye, J. 1. The District Judge, Ratlam has made this reference to this court under Section 17 of the Divorce Act in a petition filed by the petitioner wife for dissolution of marriage under Section 10 of the said Act.2. According to the petitioner Dr. Smt. Patience Willams, a Christian, she was married with the respondent Dr. Ashok, who is also a Christian, according to the Christian law on 30-12-1974 at Ratlam. During her stay in her matrimonial home, she learnt that the respondent had cheated her by disclosing that he was a doctor, whereas in reality he was only a compounder. The respondent apologised and left her in Feb. 1975. In March, 1976 he married with another lady named Rechal, about which she learnt in May, 1981. She, therefore, filed petition for divorce under Section 10 of the said Act against the respondent husband for dissolution of her marriage on the ground that the respondent has married with another lady and is thus living in adultery.3. The respondent husband even a...
Tag this Judgment!Universal Chemicals and Industries Pvt. Ltd. Vs. Commissioner of Sales ...
Court: Madhya Pradesh
Decided on: Apr-07-1984
Reported in: [1986]62STC197(MP)
P.D. Mulye, J. 1. The Board of Revenue at the instance of the applicant-assessee has made this reference under Section 44 of the M.P. General Sales Tax Act, 1958, to answer the following question :Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that cleaning and washing with certain chemicals and cutting into pieces of waste of manufacture contained in Section 2(j) of the said Act. This question, as framed, is not proper. Therefore, we have reframed the question as follows:Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that cleaning and washing with certain chemicals and cutting into pieces of waste fibre amounts to manufacture as defined in Section 2(j) of the said Act.2. Facts giving rise to this reference as mentioned in the statement of fact are as follows: The applicant, M/s. Universal Chemicals & Industries Pvt. Ltd., Nagda, purchases waste fibre and after cleaning it of the dirt,...
Tag this Judgment!Rukmani Devi and ors. Vs. Basantilal and ors.
Court: Madhya Pradesh
Decided on: Apr-07-1984
Reported in: II(1984)ACC71
R.K. Vijaywargiya, J.1. This appeal is directed against the award dated 19.9.1977 passed by the learned member, Motor Accidents Claims Tribunal, Mandsaur, in Claim case No. 14 of 1973.2. The material facts are as follows: Tractor No. M.P.N. 8237 with, the attached trolley No. 8236 belonged to the respondent NO. 1 at the material, time. It was insured with the respondent No. 3 The tractor at the time of the accident was being driven by the respondent No. 2 Lalkhan. On 3.5.1973 at about 11.30 a m. when the deceased Arun Kumar was going on scooter No. M.P.I. 5104 to the college at Mandsaur he was dashed against by the, said tractor which was coming from the opposite direction. Arun Kumar sustained severe injuries in the accident. He was admitted in the hospital. He succumbed to the injuries on 5.5.1973. The claimants who are parents of the deceased filed an application under Section 110-A of the Motor Vehicles Act claiming Rs. 1,00,000/- as compensation from the respondents on the ground ...
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