Madhya Pradesh Court February 1985 Judgments
Thok Upbhokta Sahkari Bhandar Maryadit and anr. Vs. Sahdaiya and ors.
Court: Madhya Pradesh
Decided on: Feb-28-1985
Reported in: 2(1985)ACC89
S.K. Seth, J.1. There is no dispute between the parties about the following facts at the bearing of the present appeals: One Chandrabhan sustained serious injuries in a motor accident that took place on 19-6-1972. He died as a result of the said injuries on 20-6-1972. Appellant no. 1, Wholesale Consumers Co-operative Societies Rewa, was the owner of the motor vehicle which was involved in the accident. Appellant No. 3, Gullu, was driving the said vehicle and on behalf of the appellant no. 1 at the relevant time. The accident took place due to negligent driving of the appellant No. 2.2. There is also no dispute between the parties about the following further facts at the hearing of the present appeal: Deceased Chandrabhan was an agriculturist and maintained himself and his family by cultivating about sixty acres of land that stood in bis name and that of his brother. He was aged about 55 years on the date of his death. Claimant No. 1, Sahdiya, was the widow of the deceased. Claimants no...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Chhagan
Court: Madhya Pradesh
Decided on: Feb-27-1985
Reported in: I(1985)ACC518
V.D. Gyani, J.1. This miscellaneous appeal under Section 110D of the Motor Vehicles Act, 1939, has been preferred by the insurance company against the award dated November 26, 1981, passed by the Motor Accidents Claims Tribunal, Mandleshwar, in Claim Case No. 47 of 1979.2. The brief facts are that respondent No. 1 filed a claim petition claiming Rs. 30,000 by way of compensation on account of injuries sustained by him in an accident which occurred on May 9, 1979. The claimant's case was that on May 9, 1979, while he was travelling from Sendhwa to Khandwa by a Matador-bus bearing registration No. MHZ-2344, the bus collided with a road-side drum and the driver fell into a nullah as a result of which the claimant sustained serious injuries including the fracture of right hand, right mandible, left femur and left ribs for which he was treated at the Primary Health Centre, Khandwa, and thereafter at the Gupta Nursing Home, Indore.3. The present appellant resisted the claim on the ground tha...
Tag this Judgment!Commissioner of Income-tax Vs. K.N. Oil Industries
Court: Madhya Pradesh
Decided on: Feb-26-1985
Reported in: [1987]163ITR112(MP)
C.P. Sen, j.1. This is an application under Section 256(2) of the Income-tax Act, 1961, by the Commissioner of Income-tax for directing the Appellate Tribunal to state the case and refer the following two questions for opinion of this court.(1) 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in holding that the provisions contained in Section 80J of the income-tax Act, 1961, read with rule 19A of the Income-tax Rules, 1962, prohibiting inclusion of borrowed capital employed by the assessee while computing the capital employed in the business for the purposes of 80J relief are debatable in nature ? (2) If the answer to the above question is in the negative, whether the Appellate Tribunal was justified in law in confirming the order of the Commissioner of Income-tax (Appeals) quashing the order of the Income-tax Officer under Section 154 of the Income-tax Act, 1961, rectifying the quantum of relief allowable under Section 80J of the ...
Tag this Judgment!Commissioner of Income-tax Vs. Jai Durga Rice Mill
Court: Madhya Pradesh
Decided on: Feb-26-1985
Reported in: (1985)47CTR(MP)313; [1986]159ITR807(MP)
C.P. Sen, J. 1. This is a reference under Section 256(1) of the Income-tax Act, 1961, by the Tribunal for opinion of this court on the following question: 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that no fresh partnership deed is necessary when a minor attains majority and consequently in cancelling the order passed by the Commissioner of Income-tax under Section 263 of the Act ?' 2. The assessee was allowed registration under Section 185 of the Income-tax Act, 1961, on the strength of a partnership deed executed on January 5, 1973. According to the deed, Premanand and Dwarkadas being minors were admitted to the benefits of the partnership. For the assessment year 1975-76, accounting year ending Diwali 1974, the assessee filed declaration in Form No. 12 seeking continuation of registration of the firm. On the basis of this declaration, the Income-tax Officer allowedcontinuation of registration to the assessee-firm. The as...
Tag this Judgment!Sabira Begum and ors. Vs. Raipur Transport Co. Pvt. Ltd. and anr.
Court: Madhya Pradesh
Decided on: Feb-25-1985
Reported in: [1987]62CompCas373(MP); 1985MPLJ426
S. Awasthy, J. 1. This appeal has been preferred by the unsuccessful claimants in Claim Case No. 4 of 1976 before the Motor AccidentsClaims Tribunal, Rajnandgaon, decided on January 16, 1978. The evidence has been recorded in Claim Case No. 4 of 1976 and the main award with reasoning is also passed in that case. Out of that accident, Claim Cases Nos. 2, 3 and 7 of 1976 were filed and disposed of by the said award. 2. The appellants had claimed compensation amounting to Rs. 1,78,000 on account of an accident which occurred on November 23, 1975, on Khairagarh-Rajnandgaon road to bus No. CPS 8937 belonging to the non-applicant-respondent No. 1 and insured with the non-applicant-respondent No. 2. M.A. Gani and two others died in the said accident. The applicant-appellant No. 1 is the widow and other applicants-appellants are the children of late M. A. Gani. 3. Late M.A. Gani was aged about 49 years on the date of the accident and was travelling in the bus No. CPS 8937 from Chhuikhadan to R...
Tag this Judgment!Sabira Begum and ors. Vs. the Raipur Transport Co. (P) Ltd. and anr.
Court: Madhya Pradesh
Decided on: Feb-25-1985
Reported in: 2(1985)ACC58
S. Awasthy, J.1. This appeal has been preferred by the unsuccessful claimants in Claim Case No. 4/76 before the Motor Accidents Claims Tribunal, Rajnandgaon, decided on 16-1-1978. The evidence has been recorded in Claim Case No. 4/76 and the main award with reasoning is also passed in that case. Out of that accident, Claim Cases Nos. 2, 3 and 7 of 1976 were filed and disposed of by the said award.2. The appellants had claimed compensation amounting to Rs. 1,78,000/- on account of an accident which occurred on 23-11-1975 on Khairagarh- Rajnandgaon road by bus No. GPS-8937 belonging to the non-applicant respondent No. 1 and insured with the non-applicant respondent No. 2. Late M.A. Gani and two others died in the said accident. The applicant-appellant No. 1 is the widow and other applicants-appellants are the children of late M.A. Gani.3. Late M.A. Gani was aged about 49 years on the date of accident and was travelling in the bus No. CPS-8937 from Chhuikhadan to Rajnandgaon occupying the...
Tag this Judgment!Jamila Begum and ors. Vs. the Raipur Transport Co. Pvt. Ltd. and anr.
Court: Madhya Pradesh
Decided on: Feb-25-1985
Reported in: 2(1985)ACC24
S. Awagthy, J.1. This appeal has been preferred by the unsuccessful claimants in Claim Case No. 2 of 1976 before the Motor Accidents Claims Tribunal, Rajnandgaon decided on 16-1-1978. The evidence has been recorded in Claim Case No. 4/76 and the main award with reasoning is also passed in that case. Out of the accident by bus No. CPS 8937 belonging to the non-applicant No. 1 on 23-11-1975 on Khairagarh Rajnandgaon road, Claim Cases Nos. 2, 3, 4 and 7 of 1976 were filed.2. The appellants had claimed compensation amounting to Rs. 1,00,000/-. The bus CPS 8937, was insured with respondent No. 2. Mohammad Ismail and two others died in the said accident. The appellant No. 1 is ths widow, appellants 2 and 4 are the daughters and Kamal, appellant No. 3 was the son of late Mohammad Ismail. Mohammad Ibrahim is the father of late Mohd. Ismail. During the pendency of the appeal, the appellant No. 3 Kamal died on 31-5-1980. Late Kamal was aged 7 years. An application (IA No. 2721/80) was filed on 1...
Tag this Judgment!Ramakant Pandey Vs. Raipur Transport Co. Pvt. Ltd.
Court: Madhya Pradesh
Decided on: Feb-25-1985
Reported in: 2(1985)ACC210
S. Awasthy, J.1. This appeal has been preferred by the unsuccessful claimant in Claim Case No. 3 of 1976 before the Motor Accidents Claims Tribunal, Rajnandgaon decided on 16-1-1978. The evidence has been recorded in Claim Case No. 4 of 1976. The accident which took place on 23-11-1975 by bus No. C.P.S. 8937, belonging to the non-applicant No. 1, resulted in 5 claim cases Nos. 2, 3, 4 5 and 7 of 1976. The award with reasonings was passed in Claim Case No. 4 of 1976.2. The appellant has claimed Rs. 47,000/- as compensation for the injuries sustained by him in the said accident. We have held in Misc. (First) Appeal No. 193 of 1978 and Misc. (First) Appeal No. 110 of 1978 that the accident occurred due to the rash and negligent act on the part of respondent no. 1 in not putting a serviceable tyre on the right front wheel of the bus No. C.P.S. 8937. Hence, the respondents have been made liable to pay compensation.3. We, therefore, proceed to assess the amount of compensation payable to the...
Tag this Judgment!M.P. State Road Transport Corporation Vs. Jagdish Prasad and ors.
Court: Madhya Pradesh
Decided on: Feb-25-1985
Reported in: 1(1985)ACC499
S.K. Seth, J.1. It is established beyond doubt from the evidence produced in the case that Anurag, a child aged ten years, died as a result of a city bus belonging to the defendant No. 1, MP. State Road Transport Corporation having dashed against him. It is also established from the said evidence that the defendant No. 2, Ranjit Singh, was driving the said bus at the relevant time. It is true that it was tried to be suggested by the defendants through their witnesses that Anurag fell from the bus when he was attempting to get into it in an unauthorised manner. But, then, the witnesses in question were defendant No. 1 Corporation's own servants and their evidence did not inspire confidence. As against the said evidence, the evidence of AW 5 Sureshchand who had seen Anurag walking on the left side of the road and the city bus coming from behind with great speed and dashing its front left wheel against Anurag was trustworthy. The said witness was a tradesman. From his evidence, he appeare...
Tag this Judgment!Ram Sahodar Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-23-1985
Reported in: 1986CriLJ279; 1985MPLJ722
B.C. Varma, J.1. The following question has been referred to us for decision.Whether while dismissing a bail application an order can be made to the effect that applicant cannot be released on bail on any term whatsoever till the disposal of the case against him2. The question has arisen in the following circumstances. Applicant Ram Sahodar and Diganlal are being prosecuted for an alleged offence under Section 376, read with Section 34, Indian Penal Code. They applied for their release on bail before the Court of Session. Their application was rejected. They then came to this Court. By order, dt. 13-10-1984, passed in Misc. Criminal Case No. 2403 of 1984, Hon. Bhatt, J. rejected that application. However, while rejecting that application, the learned Judge observed:There is no justification for grant of bail to the applicants-accused on any terms, whatsoever, till the disposal of the case against them, since there is already more than sufficient incriminating evidence, for their inculp...
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