Madhya Pradesh Court October 1986 Judgments
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General Manager, Western Coalfields Ltd. Vs. Kalasia Bai
Court: Madhya Pradesh
Decided on: Oct-20-1986
Reported in: (1994)IIILLJ1055MP
G.C. Gupta, J.1. This is employer's appeal under Section 30 of the Workmen's Compensation Act, 1923 (her einafter referred to as the Act) against the award dated 27-9-1984 passed by Commissioner for Workmen's Compensation, Jabalpur in Case No. 44 of 1982 (fatal) and also order dated 30-4-1986 passed by the same Commissioner in Case No. 4/85 (non-fatal).2. Respondent Kalasia Bai claiming to be widow of one Lakkhoo, son of Hori, a wagon loader at Hirdagarh Siding of Western Coalfields Ltd., filed an application on 22-6-1982 before the Commissioner alleging that her husband Late Shri Lakkhoo, while working as a wagon-loader developed pneu-moconiosis and subsequently died of the same on 11-7-1980 at T.B. Sanatorium, Chhindwara. She further claimed that since the death of deceased Lakkhoo was because of an occupational disease, she was entitled to a sum of Rs. 25,000/- as compensation under the Act. The appellant was summoned and filed their written statement on 23-8-1982 and submitted that...
Dr. R.P. Dhanda Vs. Bhurelal and anr.
Court: Madhya Pradesh
Decided on: Oct-20-1986
Reported in: 1987CriLJ1316
ORDERK.L. Shrivastava, J.1. This revision petition is directed against the order dated 13-4-1983 passed by the 3rd Addition Sessions Judge, Indore, in Criminal Revision No. 298 of 1982 whereby setting aside the trial Magistrate's order dismissing the complaint under Section 203 of the Code of Criminal Procedure 1973 (for short 'the Code') a direction has been issued to register a case under Sections 338 and 420, IPC against the petitioner.2. Circumstances giving rise to the petition are these. The non-applicant No. 1 Bhurelal suffered from trouble, in his right eye. The petitioner operated upon him in the T. Choithram Hospital, Indore for cataract. After a few months of the said operation, the non-applicant No. 1 suffered from retinal detachment of the same eye and was again operated upon in the said hospital on 22-4-81.3. The non-applicant Bhurelal not being satisfied with the operations in which according to him the petitioner was involved, served him with a lawyer's notice dated 23-...
Ravindra Vs. Smt. Pratibha
Court: Madhya Pradesh
Decided on: Oct-10-1986
Reported in: AIR1987MP64; 1987MPLJ51
V.D. Gyani, J. 1. This Miscellaneous Appeal is directed against the order dated 17-7-1986, passed by the District Judge, Indore in M.J.C. No. 73/85, and an ex parte decree for divorce was passed in Hindu Marriage Act case No. 139/85. The Appellant moved an application under Order 9 Rule 13 CPC for setting aside ex parte decree. The Trial Court, placing reliance on decision, as reported in AIR 1985 Gau 44, Anjan kumar v. Smt. Minakshi Sarma, dismissed the application, holding that the same was not maintainable. 2. The learned counsel for the appellant, submitted that Section 21 of the Hindu Marriage Act, (hereinafter called as 'the Act') specifically laid down the applicability of Code of Civil Procedure to such proceedings, as far as possible. It was contended that there is no reason why the procedure for setting aside ex parte decree, as laid down under Order 9, Rule 13, CPC should not be followed in cases under the Act. Counsel for the respondent, on the hand, submitted that the appl...
Nagu and ors. Vs. Bhanwarsingh and ors.
Court: Madhya Pradesh
Decided on: Oct-09-1986
Reported in: AIR1987MP102
A.G. Qureshi, J. 1. This is a second appeal against the judgment and decree dated 9-12-1974, passed by the Second Additional District Judge, Ujjain in Civil Regular Appeal No. 4 A of 1973, preferred against the judgment and decree dated 8-1-1973, passed by the Civil Judge Class II, Mahidpur in Civil Original Suit No. 18-A of 1968. 2. The facts leading to this appeal in short are that the original plaintiff Bhaggaji had filed a suit in the Court of the Civil Judge Class-II, Mahidpur against Bapusingh (now deceased) for declaration of his title on the ground that the plaintiff Bhaggaji had purchased agricultural land, survey No. 34 in village Dhulet from the defendant Bapusingh on 3-2-1953. The document was executed about the sale and Bhaggaji was inducted into possession of the suit land. This suit land is also called 'Anarsingh-Wala Seda'. Since that date, the plaintiff is in continuouspossession of the suit land. On 8-8-1964, the defendant Bapusingh along with his son tried to disposs...
Ramdutta Sharma Vs. Krishna Dutta Sharma
Court: Madhya Pradesh
Decided on: Oct-09-1986
Reported in: AIR1987MP192; 1987MPLJ116
ORDERR.C. Shrivastava, J.1. Smt. Bhagwati Devi widow of Kamal Prasad Sharma died on 18-12-1982 leaving two sons-Krishna Dutta Sharma (respondent) and Bhoj Dutta (father of the petitioner). The respondent sued the petitioner and his father Bhoj Dutta for declaration of title to certain immovable property on the ground that he had inherited the same from his father. The petitioner resisted the claim and claimed title to the property under a will alleged to have been executed in his favour by Smt. Bhagwati Devi. He filed an application in the same Court for grant of probate of the will under Section 276 of the Succession Act. In the probate proceedings, the respondent filed an application for stay under Section 10 of the Civil P.C. or consolidating the probate case with the civil suit under Section 151 of the same Code. Vide order dt. 12-2-1986, the Court consolidated the suit and the probate proceedings. Being aggrieved thereby, the petitioner has preferred this revision petition.2. The ...
Commissioner of Income-tax Vs. Laxmi Rice Mills
Court: Madhya Pradesh
Decided on: Oct-09-1986
Reported in: [1987]164ITR571(MP)
G.G. Sohani, Actg. C.J.1. The judgment in this case will also govern the disposal of Misc. Civil Cases Nos. 134 and 191 both of 1982, as common questions of law arise in all these references :2. As directed by this court under Section 256(2) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal, Nagpur Bench, Nagpur, 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, the income of the assessee-firm was assessable under the head 'Business income 'or under the head 'Income from other sources' ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in granting continuance of registration to the assessee-firm ?'3. The material facts giving rise to these references as set out in the statement of the case briefly are as follows : The assessee is a partnership firm. Till the assessment year 1959-60, the assessee-firm was carrying on the business of a rice mi...
Ashok and ors. Vs. the State
Court: Madhya Pradesh
Decided on: Oct-09-1986
Reported in: 1987CriLJ1750
ORDERK.L. Shrivastava, J.1. This revision petition is directed against the appellate judgment and order dated 1-7-83 passed by the Additional Sessions Judge, how in Criminal Appeal No. 247 of 1982 confirming the conviction of each of the petitioners under Section 353/34,I.P.C. and reducing the sentence of rigorous imprisonment for one year and a fine of Rs. 500/- recorded by the Additional Chief Judicial Magistrate, how in Criminal Case No. 183of 1978 to R.I. for6 monthsandfine.2. Circumstances giving rise to this petition are these. According to the prosecution story on 2-2-78 Sub-Inspector Y.P. Yadav (P.W. 1) after search-warrant from the Deputy Superintendent of Police, raided the house of the petitioner Shankarlal and finding his son Subbash (since acquitted in appeal) indulging in Satta gambling, arrested him with money and articles. Later when Subhash was being taken to the police station, he himself and the three petitioners and 15 to 20 other persons pelted stones at the police...
Commissioner of Gift-tax Vs. Shravenkumar P. Patel.
Court: Madhya Pradesh
Decided on: Oct-09-1986
Reported in: (1987)57CTR(MP)284; [1987]167ITR496(MP)
G. G. SOHANI, ACTG. C.J. - By this reference under section 26(1) of the Gift-tax Act, 1958 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Jabalpur (Bench Jabalpur), 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 Appellate Tribunal was right in law in holding that there was no taxable gift for the assessment year 1972-73 when the assessee entered into partnership and converted his proprietary business into partnership.'The material facts giving rise to this reference briefly are as follows : The assessee is an individual and the assessment year in question is 1972-73. While framing the assessment, the Gift-tax Officer found that the assessee was running a proprietary business of publishing a newspaper; that during the accounting year in question, the assessee had converted his proprietary business into a partnership concern by admitting his brother, Shri Siddharth Kuma...
Netrapal Singh Vs. Bhagwati Prasad and ors.
Court: Madhya Pradesh
Decided on: Oct-09-1986
Reported in: I(1987)ACC502
G.C. Gupta, J.1. This appeal filed under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) is directed against the award dated 10-2-1982, passed by Shri V.D. Bajpai, Accident Claims Tribunal, Seoni in Claim Case No. 32 of 1980 making the appellant alone liable to pay the compensation.2. The respondent No. 1 claiming to have suffered an accident and injury during the same on 26th April, 1980 filed a claim before the Claims Tribunal alleging that the injuries suffered by him were because of the rash and negligent driving of Truck No. MPQ 3587 owned by the appellant and driven by the respondent No. 2. The said truck is admittedly insured with respondent No. 3. It was alleged that the respondent No. 1 had hired the truck for transporting his Mahua and was accompanying the said goods from Seoni. The truck turned turned at Silua Ghati and dashed against a tree. The respondent No. 1 admittedly received injuries in the aforesaid accident. The accident was repor...
Kishanlal and ors. Vs. Hargovind
Court: Madhya Pradesh
Decided on: Oct-08-1986
Reported in: 1987MPLJ358
T.N. Singh, J.1. This is plaintiffs' appeal arising out of a suit for redemption of the mortgage evidenced by the Deed dated 21-2-1947. Learned District Judge, Morena, having dismissed the suit, the plaintiffs are in this Court.2. Needless to say that the plaintiffs based their claim on the mortgage-deed Ex. P/3 to enforce their right of redemption of the mortgage ensured under Section 60 of the Transfer of Property Act, for short T.P. Act'. The plaintiffs claimed that as per terms of the mortgage they were prepared to repay the : entire loan of Rs. 15,000/- and had served notice on the defendant who did not respond. Because the defendant was illegally enjoying the usufruct of the property, they were obliged to institute the suit. The claim was opposed by the defendant mainly on the ground that the right of the plaintiffs to redeem the mortgage had been extinguished as a result of his purchase in Court-sale of the property mortgaged. Although in para 3 of his written statement, the mor...
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