Madhya Pradesh Court January 1986 Judgments
Dr. ZakiuddIn Malik Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-31-1986
Reported in: AIR1986MP263
G.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 : (a) The State Government have framed rules known as Madhya Pradesh Selection for Post-graduate Courses (Clinical, Para clinical and Non-clinical Courses), hereinafter referred to as 'the Rules', for admission to the post-graduation (M.D./M.S. course) in Medical Colleges in Madhya Pradesh. The course is open to candiates, who are classified in four categories. Private medical practitioners practising and settled in Madhya Pradesh fall in one of these categories. A private madical practitioner is defined by Rule 2(i) to mean a recognized medical degree holder as per schedules of Medical Council of India, who is registered with the State Branch of Medical Council and who has been practicising continuously in the State of M.P. for at least one year immediately prior to the date of the application. By virtue of Rule 5(B)(i) of t...
Tag this Judgment!Dinanath Dubey Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jan-31-1986
Reported in: [1986]160ITR1(MP)
J.S. Verma, Actg. C.J.1. In accordance with the direction given by this court under Section 256(2) of the Income-tax Act, 1961, the Tribunal has stated the case and referred for the decision of this court the following question of law, viz. :' Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in setting aside the order of the Appellate Assistant Commissioner regarding the item of Rs. 35,224 ?'2. The relevant assessment year is 1972-73. The assessee is a firm carrying on business of executing contracts for transporting and loading of goods at the Bhilai Steel Plant. The assessee utilised hired transport for the work of transporting goods in addition to utilising its own fleet of four trucks.3. According to the books of account of the assessee, there was a loss of Rs. 35,224 in plying all the four trucks and there was a net income of Rs. 1,32,209 from execution of the contracts. This was the income declared by the assessee in the return. The Income...
Tag this Judgment!Vinod Kumar and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-31-1986
Reported in: 1987CriLJ1541
Gulab G. Gupta, J.1. The appellants, having been convicted for offence punishable under Section 376, I. P. C. and sentenced to five years' R. I. each, by judgment dated 9-4-1982, passed by Shri S. L. Gupta, Additional Judge to the Court of Sessions Judge, Chhatarpur, in Sessions Trial No. 140 of 1981, have preferred this appeal challenging their aforesaid conviction and sentence.2. The appellants were put on trial for having committed sexual intercourse on Smt. Santu against her will on 3-4-1981 at village Shah gar h. It was alleged that on the date of incident, Smt. Santu, had gone to pick up Mahuwa flowers along with her father, uncle and cousin sister. While in the jungle, her father and uncle moved little ahead of them, and she, along with her cousin Munni, were left behind. At about 9.00 a.m. when both these girls were picking up Mahuwa flowers, the two appellants came on the spot. Appellant Billa asked the prosecutrix to permit him to commit sexual intercourse, on which she said ...
Tag this Judgment!Babulal Vs. Sunita
Court: Madhya Pradesh
Decided on: Jan-30-1986
Reported in: 1987CriLJ525
ORDERV.D. Gyani, J.1. This revision petition arises out of an order dt. 13-2-1985, passed by the Judicial Magistrate; 1st Class, Indore in Cri. Case No. 4 of 1984, thereby rejecting the objection raised by the petitioner about the maintainability of proceedings Under Section 125, Cr. P.C. in face of a decree for restitution of conjugal rights.2. The brief facts are that the respondent Smt. Sunita moved an application for maintenance on 6-4-1984. The petitioner-respondent made his appearance on 31-8-1984 and prayed for copy of the petition, which was supplied to him. The case was fixed for reply on 28-9-1984 and as none appeared for the petitioner, the case was directed to proceed ex parte and 18-10-1984 was fixed as the date for ex parte evidence. On 9-10-84, the petitioner filed his reply. On 16-11-1984 a certified copy of the judgment dt. 13-2-1984, passed by the Addl. District Judge, Burhanpur, was also filed on record. By order dt. 18-10-1984 the trial Court permitted the petitione...
Tag this Judgment!Abdul Majid Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jan-30-1986
Reported in: 2(1986)ACC197
P.C. Pathak, J.1. This appeal is by a workman Under Section 30 of the Workmen's Compensation Act, 1923, against the order dt. 31-10-80 passed by the Commissioner for workmen's compensation, Jabalpur, in case No. 4 of 80 Misc. NF whereby he declared to review the earlier order passed by him on 26-7-75.2. The appellant was a fireman grade-I working under the respondent since 1950. During the course of employment, he alleged that he suffered injuries in 1958, 1962 and lastly in 1970. He filed a claim before the Commissions of workmen's compensation. That petition was dismissed on the ground of limitation It appears that thereafter, the appellant agitated his grievances under Section 33G of the Industrial Disputes Act and having failed there, he approached the High Court under Article 226 of the Constitution. The petition was allowed and the matter was remanded to the Industrial Court. Since the appellant thought that there was some favourable observations in the order passed by the High C...
Tag this Judgment!Thakur Lal Vs. Arjundas and ors.
Court: Madhya Pradesh
Decided on: Jan-30-1986
Reported in: 2(1986)ACC63
K.L. Shrivastava, J.1. This appeal under Section 110-D of the Motor Vehicles Act 1939 (for short 'the Act') is directed against the award dated 14-12-1982 made by the Addl. Motor Accident Claims Tribunal Indore (for short 'the Tribunal') in Claim case No. 187 of 1979 whereby the appellant's claim petition under Section 110-A of the Act has been dismissed with costs.2. None of the material facts is admitted.3. The appellant presented the application under Section 110-A of the Act on 24-10-1979 on the following averments. At about 11 p.m. on 6-9-1979 he was proceeding on a bicycle from Shakkar Bazar to Udapur, Indore. When he reached Tayyabali Davakhana situate in Bohra Bazar, the respondent No. 2 Harikishan negligently driving the accident scooter No. CPE 7414 belonging to the respondent No. 1 Arjundas, dashed it against the bicycle from behind. As a result thereof the appellant fell down and sustained injuries including grievous ones. He immediately at 11-15 p.m. lodged a report of the...
Tag this Judgment!M.P. State Road Transport Corporation Through Divisional Manager Vs. S ...
Court: Madhya Pradesh
Decided on: Jan-30-1986
Reported in: 2(1986)ACC92
P.V. Reddi, J.1. This appeal under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act') is directed against the award dated 25-8-83 made by the Motor Accidents Claims Tribunal, Dhar (for short 'the Tribunal') in Claim Case No. 61 of 1980.2. It is not in dispute that the deceased Ramlal aged 30 years was a passenger in the accident bus bearing registration No. CPH 8124 belonging to the appellant Corporation when at about 9.00 p.m. on 12-6-80 it met with an accident and fell in a ravine which is about 150 ft. deep it was being driven by Kaluram an employee of the Corporation.3. The respondent Savitribai aged 25 years the widow of the deceased and his two minor sons Om Prakash and Santosh respectively aged 8 and 5 years, filed on 5-9-80 the said claim case on the averments that the deceased was earning Rs. 11,000/- per year by cultivation, business and by working as motor mechanic. The accident occurred due to the negligence of the bus driver and, therefore, the said driver...
Tag this Judgment!itarsi Timber Merchants Association and ors. Vs. State of Madhya Prade ...
Court: Madhya Pradesh
Decided on: Jan-29-1986
Reported in: 1986MPLJ307
J.S. Verma, Actg. C.J.1. This petition is one of the several petitions in which challenge is made to the constitutional validity of provisions of the M.P. Kashtha Chiran (Viniyaman) Adhiniyam, 1984 and the rules framed thereunder. Challenge is also made in some petitions to the validity of Rule 27 of the M.P. Transit (Forest Produce). Rules, 1961. The points urged in all the connected petitions are considered and decided here.2. A brief reference may be made at the outset to the relevant statutory provisions in the background of which the questions raised in this batch of petitions have to be considered. The Forest Act, 1927 is an Act to consolidate the law relating to forest, transit of forest produce and the duty leviable on timber and other forest produce. The M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 makes provision for regulating in the public interest the trade of certain forest produce by creation of State monopoly in such trade and it applies to the 'specified forest pro...
Tag this Judgment!Commissioner of Income-tax Vs. Shri Radheshyam Garg
Court: Madhya Pradesh
Decided on: Jan-29-1986
Reported in: [1986]159ITR175(MP)
Sohani, J.1. The order in this case will also govern the disposal of Miscellaneous Civil Case No. 295 of 1984 (CIT v. Shri Radheshyam Garg, Indore] and Miscellaneous Civil Case No. 296 of 1984 (CIT v. Shri Radheshyam Garg, Indore).2. These are applications under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). The material facts giving rise to these applications, briefly, are as follows ; Proceedings for reassessment were commenced against the assessee for the relevant assessment years and thereafter penalty proceedings were also intiated under Section 271(1)(c) of the Act. Aggrieved by the order passed by the Income-tax Officer imposing penalty, the assessee preferred appeals before the Appellate Assistant Commissioner, which were dismissed. The assessee thereafter filed second appeal before the Tribunal. The Tribunal held on the basis of the material on record that there was no conscious concealment of income on the part of the assessee. In this view...
Tag this Judgment!indarsen Narang and ors. Vs. Kesaria Devi and ors.
Court: Madhya Pradesh
Decided on: Jan-29-1986
Reported in: 2(1986)ACC248
P.C. Pathak, J.1. This appeal is by owner and Insurance Co. against award dated 3-10-80, in accident claims case No. 4 of 80 decided by the Claims Tribunal Satna.2. The appellant No. 1 is owner of the offending truck No. 7075 MPA while appellant No. 2 is the insurer. On the date of incident i.e. 18-11-76 Jamna Prasad was the driver of this vehicle. He was taking the truck to village Gorsari Khurd. Deceased Ramkrupal and Jwala Prasad (AW 4) were on their respective cycle and proceeding on the road by their left. The truck in question proceeding in the same direction, dashed against the deceased who died on the spot since he came under the wheels, Jwala Prasad lodged a report of the incident in police who registered a case under Section 304A of IPC against the driver. The respondents are the legal representatives of the deceased. The submitted that the deceased was aged 27-28 years and was hale and hearty and but for the accident he would have lived up to 70-80 years. He used to earn Rs....
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