Madhya Pradesh Court January 1986 Judgments
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Dularibai and ors. Vs. Brij Mohan Khandelwal and ors.
Court: Madhya Pradesh
Decided on: Jan-28-1986
Reported in: 2(1986)ACC208
P.C. Pathak, J.1. This is an appeal by the claimants against the award dt. 20-11-80 passed by the Motor Accident Claims Tribunal, Hoshangabad, in claim case No. 16 of 79, whereby their claims was dismissed on the ground of limitation and on merits both.2. The case set out in the claim petition was that on 22-3-79, deceased Gajraj Singh met with an accident, while sitting in tractor CPB 3098 when it turned turtle on the slope. He died on the spot. The tractor is owned by respondents No. 1 and 5 and was driven by respondent No. 2 rashly and negligently. The deceased was aged 42 years at the time of accident and used to earn Rs. 800/- per month. Therefore, a claim of Rs. 50,000/- was made as compensation. The claim was lodged on 10-10-79, when the limitation expired on 22-9-79. An Application Under Section 5 of the Limitation Act for condonation of delay was also made by claimants.3. In their reply, the respondents submitted that the tractor is owned by respondent No. 5. They further subm...
Commissioner of Income-tax Vs. Perfect Pottery Co. Ltd.
Court: Madhya Pradesh
Decided on: Jan-27-1986
Reported in: [1989]175ITR562(MP)
J.S. Verma, Actg. C.J.1. This is a reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue for decision of the following questions of law, namely :'(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in upholding the order of the Commissioner of Income-tax (Appeals) directing the Income-tax Officer not to exclude the borrowed capital while computing the capital employed for allowing relief under Section 80J of the Income-tax Act, 1961 ?(2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in following the decisions of the various High Courts, wherein Rule 19A of Income-tax Rules, 1962, has been declared ultra vires the Constitution of India ?(3) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that there was no violation of the provisions of Section 40A(7)(b) of the Income-tax Act, 1961, in ...
imratlal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-27-1986
Reported in: 1987CriLJ557
Rampal Singh, J.1. The appellant, aggrieved by his conviction Under Section 376, Penal Code, recorded by the Sessions Judge, Shivpuri, in Session Trial No. 54 of 1979, judgment dated 12-11-1979, has preferred this appeal. The appellant has been sentenced to undergo rigorous imprisonment for three years only.2. Brief facts are that in village Dhamantuk lived a child girl Chhingo. She at or about 10.30 a.m. on 13-3-1979 was watching her wheat field on the outskirts of the village. The field of the appellant is also near the field of this child girl. The appellant proceeded to the spot where Chhingo was watching her field and invited her for a game, which she declined to participate. Upon this, the appellant threw Chhingo (PW. 3) down on the ground and ravished brutally. Due to this her private part was torn and she sustained injuries, consequent to which she started bleeding profusely and her underwear was soiled with blood. The appellant is alleged to have taken away the underwear from ...
Commissioner of Income-tax Vs. S.S. Ratanchand Bholanath
Court: Madhya Pradesh
Decided on: Jan-25-1986
Reported in: (1986)53CTR(MP)384; [1986]160ITR500(MP)
J.S. Verma, Actg. C.J.1. This reference under Section 256(1) of the Income-tax Act, 1961, is at the instance of the Revenue for deciding the following questions of law, namely :' (1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in allowing the deduction of additional sales tax amounting to Rs. 2,863 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding on strength of its order for the assessment year 1965-66 that the amount of Rs. 41,000 paid by the assessee by way of penalty under the Sales Tax Act was allowable deduction as business expenditure ' 2. The relevant assessment year is 1971-72. The assessee is a Hindu undivided family earning income from business in cloth, etc. The assessee claimed deduction of Rs. 2,863 on account of additional sales tax assessed and a further deduction of Rs. 41,000 was also claimed on account of penalty imposed under Section 17(3) of the Madhya Pradesh Gene...
Ashok Kumar Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jan-25-1986
Reported in: (1986)53CTR(MP)226; [1986]160ITR497(MP)
J.S. Verma, Actg. C.J.1. This reference under Section 256(1) of the Income-tax Act, 1961, is at the instance of the assessee for decision of the following question of law, viz. :' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the addition of Rs. 16,000 being the cash found at the residence of the assessee as the assessee's income under Section 69A of the Income-tax Act, 1961 ?'2. The relevant assessment year is 1975-76. The assessee is a partner in various firms and also derives income from house property. In a search of his premises by the Central Excise Department on October 11, 1974, the assessee was found in possession of cash amounting to Rs. 21,090 in addition to gold ornaments, primary gold, silver articles and other valuables. The assessee's explanation for cash in his possession was that it comprised of house rent amounting to Rs. 17,251 belonging to different co-owners and not the assessee alone in addition to the agricult...
Manager, North Chandameta Colliery Parasia Vs. Basanti Bai
Court: Madhya Pradesh
Decided on: Jan-25-1986
Reported in: 2(1986)ACC102
B.C. Varma, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act.2. The respondent/workmen sustained injury in her left wrist daring the course of her employment. As a result of that injury the wrist movement was restricted. She was, therefore, offered by the employer viz., Manager North Chandameta Colliery, Parasia/appellant Rs. 1,176/- that payment did not satisfy her. She, therefore, preferred a claim before the Commissioner, Workmen's Compensation Jabalpur. The Commissioner recorded some evidence including that of Doctor Vasudeo who opined that there is partial permanent disablement and there is some restriction in the movement of the wrist. It was found that she was paid Rs. 520/- per month. On this basis, the loss of earning capacity assessed was at 25% and the Commissioner awarded a sum of Rs. 7,560/- as compensation payable to the respondent/workmen. Taking a sum of Rs. 1,176/- already paid to her on this count, the Commissioner awarded Rs. 6,384/-.3. After...
Sobhagmal Phoolchand Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jan-24-1986
Reported in: (1986)53CTR(MP)387; [1987]166ITR541(MP)
1. By this reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in holding that the interest paid by the assessee-firm to the Hindu undivided family Prakash Chandra Sobhagmal and Arunkumar Sobhagmal on their loan accounts is to be disallowed under the provisions of Section 40(b) of the Income-tax Act, 1961?'2. The material facts giving rise to this petition briefly are as follows :The assessee is a registered firm consisting of partners, Prakashchandra Sobhagmal, Arunkumar Sobhagmal and Smt. Vidyadevi. While framing the assessment for the assessment year 1978-79, the Income-tax Officer rejected the claim of the assessee that interest paid to partners, Prakash Chandra Sobhagmal and Arunkumar Sobhagmal, could not be ...
Jandel Singh Vs. Union of India and ors.
Court: Madhya Pradesh
Decided on: Jan-24-1986
Reported in: 1987CriLJ1387; 1987MPLJ100
T. N.Singh, J.1. The short order, which we have proposed to pass in this case, leaves us clear and excuses us from considering several weighty submissions made by the petitioner's counsel on several aspects of the Us.2. What is not disputed in this case is that the petitioner was convicted in the course of a Court-martial proceeding held under the Army Act, 1950, (for short the 'Act') and he was sentenced to undergo rigorous imprisonment for life. He is serving his sentence in Gwalior Central Jail from where he preferred this petition to this Court claiming inter alia that his application under Section 182 of the Army Act is awaiting consideration of the Chief of the Army Staff (Respondent No. 2) for the last five months.3. What Shri Mittal, Counsel for the respondents, contends is that though the application was filed admittedly on 23-8-1985 the petitioner's confinment ought to be computed in terms of Section 167 of the Act. However, we are not prepared to enter into this broad questi...
Municipal Council Vs. Madanlal Verma
Court: Madhya Pradesh
Decided on: Jan-23-1986
Reported in: 1987CriLJ1641
Rampal Singh, J.1. After obtaining the requisite leave, the appellant, Municipal Council, Morena, has preferred this appeal against the judgment of acquittal of the respondent recorded by Shri R. S. Maurya, Chief Judicial Magistrate, Morena in Criminal Case No. 2524 of 1981 dated 20-5-19822. The short facts of the case are that in Morena town there is a shop of sweetmeat named Bihari Misthan Bhandar, which carries on the business of preparing and selling sweetmeats. On 13-8-1981 Food Inspector P. W. Narwariya (P.W. 1) visited this shop of the respondent, disclosed his identity that he was Food Inspector and inspected the licence issued to the respondent for the year 1981-82. The shop was being attended by the. respondent at that time. The Food Inspector P. D. Narwariya wanted to take the sample of 'Boondi Ka Laddu' and, hence, issued a notice in form No. 9 (Ext. PI). This notice (Ext. P-l) was signed by him. It is alleged that the respondent refused to accept the notice, closed his sho...
The New India Assurance Co. Ltd. Vs. Mohinder Singh and anr.
Court: Madhya Pradesh
Decided on: Jan-23-1986
Reported in: 1(1986)ACC465
S. Awasthy, J.1. This appeal has been filed under Section 30 of the Workmen's Compensation Act against the order dated 10-8-78, passed by the Commissioner for Workmen's Compensation (Labour Court) Jabalpur, in W.C. No. 19/77 (Fatal) awarding an amount of Rs. 21,600/- to the dependants of deceased Balkarsingh.2. It is the case of the respondent No. 1 that Balkarsingh was employed by Baba Gyansingh, N.A. No. 2, as driver on 8-10-76. The said driver Balkarsingh received the injury in an accident arising out of and in the course of his employment on 8-10-76, resulting in his death. The applicant and three others are his dependants. The wages of the deceased were Rs. 600/-per month, including allowances3. The appellant herein, had filed written statement denying the alleged employment of late Balkarsingh and further alleged that the other dependants have not preferred a claim, Hence no award can be passed in the repesentative capacity in favour of Mohindersingh. The liability of the Assuran...
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