Madhya Pradesh Court March 1986 Judgments
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Rajbandha Maidan Vyavasayee Samiti, Raipur and ors. Vs. Collector, Rai ...
Court: Madhya Pradesh
Decided on: Mar-24-1986
Reported in: AIR1986MP237; 1987MPLJ46
C.P. Sen, J.1. In this writ petition, the petitioners are challenging the order of the Collector dated 18-9-1982 closing all heavy vehicular traffic on the Grat Eastern Road, Raipur, which is part of the National Highway No. 6, between 9 a.m. to 10 p.m.2. The petitioner No. 1 is a Samiti of truck and motor mechanics doing repairing of trucks and other vehicles at Rajbandha Maidan and adjoining places for the last many years. The petitioner No. 2 is an Association of shopkeepers of motor part dealers doing their business on (Bombay Market. The petitioner No. 3 is an Association of persons doing business of repairs of motor vehicles and other automobiles at Bombay Market. The National Highway No. 6 starts from Daulia and connects Nagpur. Raipur, Sambalpur, Bahargora and Calcutta. It is also known as Great Eastern Road and passes through the heart of the city of Raipur, where it is named as Jawaharlal Nehru Marg. In the Master Plan there is a link road to divert the traffic from this road...
State of Madhya Pradesh Vs. Smt. Jambai and ors.
Court: Madhya Pradesh
Decided on: Mar-24-1986
Reported in: AIR1987MP239
J.S. Verma, Ag. C.J.1. This is an application for setting aside the abatement of First Appeal No. 24 of 1976 which was dismissed as abated on 30th November, 1981. The order made in that appeal states that the sole respondent in the appeal having died about three years earlier and no steps having been taken by the appellant (State of M.P.) to bring on record the legal representatives of the deceased respondent, the appeal had abated and, therefore, it was dismissed accordingly.2. This application has been made under Section 151 of the Civil P.C. for setting aside the abatement of that appeal. Assuming that such an application lies and it was not necessary to file an application for review for obtaining this relief, the only ground on which this application has been made cannot be sustained. The application has been made on the ground that Order 22 of the Civil P.C. did not apply to the first appeal which was an appeal arising out of a reference made under Section 18 of the Land Acquisit...
Aluminium Extrusions and Industrial Components Pvt. Ltd. Vs. Central P ...
Court: Madhya Pradesh
Decided on: Mar-21-1986
Reported in: [1990]68CompCas477(MP)
G.L. Oza, C.J. 1. The petitioner who is a creditor of the respondent-company has filed this petition for winding up of the said company under Section 439 of the Companies Act, 1956, because of its inability to pay the debts despite demand made by service of notice. 2. Therefore, a show-cause notice was given to the respondent company asking why the petition should not be admitted for winding up of the company. 3. The respondent-company, in reply to the show-cause notice, dated January 17, 1986, have admitted the dealings between the parties, but has taken a plea, quite vaguely, that the goods supplied were defective as a consequence of which the company did not pay the amount payable to the petitioner company. They have also admitted that they did not honour the hundis and have further stated that talks are going on between the parties to settle the whole matter. 4. By an order passed by this court on January 24, 1986, Shri Kohli, learned counsel for the respondent-company, was given t...
Omprakash Premchand and Co. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-19-1986
Reported in: [1986]161ITR127(MP)
G.G. Sohani, J.1. By this reference under Section 256(1) of the Income-tax Act (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 Tribunal was right in law in holding that charging of interest under Section 217 is not appealable along with the other grounds of appeal of the assessee arising out of the order of assessment ?'2. The material facts giving rise to this reference, briefly, are as follows: While framing the assessment for the assessment year 1977-78, the Income-tax Officer disallowed certain allowances claimed by the assessee and also held that the assessee was liable to pay interest under Section 217 of the Act. Aggrieved by the order passed by the Income-tax Officer, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals). Amongst the grounds raised in the appeal, one ground ...
Smt. Lalitabai Sobhagmal Vs. Commissioner of Gift-tax
Court: Madhya Pradesh
Decided on: Mar-17-1986
Reported in: (1986)56CTR(MP)58; [1986]161ITR97(MP)
Sohani, J.1. By this reference under Section 26(1) of the Gift-tax Act, 1958 (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 justified in holding that the assessee was not entitled to the deduction of Rs. 10,000 under Section 5(1)(vii) of the Gift-tax Act, 1958?'2. The material facts giving rise to this reference, briefly, are as follows :The assessee is a widow. During the assessment year 1979-80, she made a gift of 30 tolas of gold ornaments to her would be daughter-in-law at the time of the betrothal ceremony. The Gift-tax Officer sought to tax under the Act the value of the gift of 30 tolas of gold ornaments made by the assessee. It was contended before the Gift-tax Officer that the assessee had only incurred marriage expenditure and that she had not made any gift. The Gi...
Dr. Rajesh Malik Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-15-1986
Reported in: AIR1987MP184
C.P. Sen, J.1. The petitioner, who is seeking admission for post graduation in Radiology in the Medical College, Jabalpur, is seeking the following reliefs (a) quashing of circular dated 27-3-1985 of the Director of Medical Education saying that the StateGovernment does not guarantee registration of candidates for post graduate/diploma courses for the subjects for which they have given their options for house jobs, (b) commanding the respondents to follow the existing rules in the matter of admission to post graduate/diploma courses without reservationof seats; and (c) 50% of the seats be reserved for ail India competition without giving any reservation to the Assistant Surgeons, private practitioners and military personnels.2. The petitioner passed his M.B.B.S. examination held in 1984 from the Medical College, Jabalpur. He did his internship from 1st June 1984 for one year which is compulsory before getting the degree of M.B.B.S. The Dean, Medical College, Jabalpur, issued a notice i...
Commissioner of Income-tax Vs. S. C. DeorA.
Court: Madhya Pradesh
Decided on: Mar-15-1986
Reported in: (1987)59CTR(MP)290; [1987]167ITR682(MP)
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 Tribunal is justified in holding that standard deduction is allowable in respect of each source of salary ?'The material facts giving rise to this reference, briefly, are as follows :The assessee is an individual and for the assessment years in question, the assessee received salary from more than one employer. The Income-tax Officer granted standard deduction amounting to Rs. 1,000 only. The contention urged on behalf of the assessee that he was entitled to standard deductions separately in respect of salary received from each employer was not upheld by the Income-tax Officer. The appeal preferred by the assessee before the Appellate Assistant Commissioner was dismissed but the Tribunal in second...
Manoharsingh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-14-1986
Reported in: AIR1986MP183
Sohani, J. 1. This is a petition under Article 226 of the Constitution. 2. The material facts giving rise to this petition, briefly, are as follows : --As a result of elections held in May, 1963, the petitioner was elected as a member of the Municipal Council, Neemuch, from Ward No. 18. The petitioner has averred that actuated by political considerations, a complaint was made to the Collector, district Mandsaur that the petitioner had ceased to be a councillor by virtue of the provisions of Section 38(l)(b) M. P. Municipalities Act, 1961 (hereinafter referred to as' the Act'), as he had absented himself without leave of absence for three consecutive months from the meetings of the Council. On 10-6-85, a notice was accordingly issued to the petitioner by the Collector, who is the prescribed authority under Section 38(2) of the Act, to show cause why he should not be held to have incurred disqualification as a Councillor. The petitioner showed cause and contended that he had applied for ...
New India Assurance Co. Ltd. and ors. Vs. Smt. Shakuntalabai and ors.
Court: Madhya Pradesh
Decided on: Mar-14-1986
Reported in: AIR1987MP244; 1987MPLJ719
T.N. Singh, J.1. A tempo ran over an old man. His pelvis bone was broken to pieces. He remained bed-ridden from the date of accident till he succumbed to his injuries. That is the claimant's case, who are the legal representatives of the deceased. The aged widow and his two sons and three daughters are arrayed as main respondents in this appeal. The appellants are theresome -- the insurer, the owner and driver of the offending vehicle. The trio have made a valiant effort to sail in the same boat in this Court with the hope that they may cross the ocean and sink under the boat the liability accrued under the award.2. Two very important questions of law have surfaced in this appeal for my consideration and decision. Therefore, I would like to place on record my appreciation of the assistance received from the counsel on both sides, who had been given time liberally, almost two hours, to argue their respective cases. I have also told them that even as I am dictating the judgment, if anyth...
Alok Gupta Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Mar-14-1986
Reported in: (1988)ILLJ401MP
ORDERT.N. singh, J.1. Can a dutiful citizen be discriminated in the matter of employment or appointment to any public post or office under the State? This short but constitutionally potent question has arisen for decision in this case.2. The facts are few and admitted and indeed I have merely to refer to the return of the State to tell the story. With the return is annexed a copy of the order dated 1st May 1976 rendered by the Chief Judicial Magistrate, Jhansi in Criminal Case No. 23/76, to meet the challenge made in this case to the action of the State, denying to petitioner equal opportunity in the matter of public employment. Alok Gupta, the petitioner, figures at item No. 5 of the Select List (Annexure F-3) which contains in all names. The list was prepared for appointments to be made to the post of Assistant Public Prosecutor under Government of Madhya Pradesh. This list is dated 4th July 1984. Except the petitioner and Anr., Kamal Kishore, it is admitted, others have got appointm...
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