Madhya Pradesh Court July 1986 Judgments
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Employees State Insurance Corporation Vs. Dwarka Prasad Agarwal and an ...
Court: Madhya Pradesh
Decided on: Jul-17-1986
Reported in: I(1987)ACC248
Gulab C. Gupta, J.1. For the reasons given in the judgment delivered by me today in Misc. Appeal No. 360 of 1980 (Employees State Insurance Corporation, Bhopal v. Dwarka Prasad Agarwal and Anr.) this appeal succeeds and is allowed. The claim of the appellant as contained in the application together with interest at the rate of 6 per cent per annum from the date the amount become due till the date of this order is decreed with costs. Counsel's fee Rs. 250/-. In case the amount is not paid within 60 days of the date of this order it will carry interest at the rate of 12 per cent per annum from the date of this order till realization. The appellants shall be entitled to recover the amount in accordance with law including as land revenue under Section 45-A of the Act....
Commissioner of Income-tax Vs. Smt. Nirmala Devi
Court: Madhya Pradesh
Decided on: Jul-16-1986
Reported in: (1987)60CTR(MP)38; [1987]166ITR253(MP)
G.G. Sohani, J.1. The order in this case will also govern the disposal of MCC No. 326 of 1984 (CIT v. Nirmala Devi : [1987]166ITR258(MP) ).2. By these references 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 was right in holding that interest earned by a minor on his capital investment in the firm to the benefits of which he has been admitted, could not be clubbed along with the share income and taxed in the hands of the parent under Section 64(1)(iii) of the Income-tax Act, 1961 ?'3. The facts giving rise to these cases, as set out in the statement of the case, briefly, are as follows :4. The assessee is a partner in a firm known as M/s Nirmal Paper Mart, Ratlam. Her minor children are admitted to the benefits of the partnership in a number of firms....
Commissioner of Income-tax Vs. Raj Textiles
Court: Madhya Pradesh
Decided on: Jul-15-1986
Reported in: [1987]166ITR632(MP)
1. Heard Shri R. C. Mukati, learned counsel for the applicant, on the question of admission.2. This is an application under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as ' the Act').3. The material facts giving rise to this application, briefly, are as follows :While framing the assessment for the assessment year in question, the Income-tax Officer added certain amount which according to the Income-tax Officer had not been disclosed by the assessee. The Income-tax Officer also initiated penalty proceedings under Section 271(1)(c) of the Act. In those proceedings, the assessee contended that a mistake had crept in in the return filed by the assessee due to inadvertence. The Income-tax Officer wasnot satisfied with the explanation and found that the assesses had deliberately concealed the particulars of income. The Income-tax Officer accordingly levied penalty under Section 271(1)(c) of the Act. The appeal preferred by the assesses before the Commissioner of Inco...
Thakur Veerpal Singh Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jul-11-1986
Reported in: [1988]172ITR238(MP)
B.C. Varma, J.1. The following question has been referred by the Tribunal for the decision of this court:'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 on the question of penalty ?'2. The reference has been made under these circumstances:The applicant/assessee, Thakur Veerpal Singh, filed a return of his income for the assessment year 1970-71. The income was shown as Rs. 5,420. The assessee did not appear before the Income-tax Officer and, therefore, he was assessed ex parte. The income assessed was Rs. 10,452. Thus, a sum of about Rs. 5,000 was added as income from undisclosed sources. The assessee appealed. The Appellate Assistant Commissioner held that this addition could not be made and thus allowed the appeal. Onfurther appeal by the Department before the Tribunal, the Income-tax Officer's order was restored. This assessment order has now become final.. Thereafter proceed...
Commissioner of Income-tax Vs. Punjab Tyres
Court: Madhya Pradesh
Decided on: Jul-11-1986
Reported in: (1986)56CTR(MP)7; [1986]162ITR517(MP)
Sohani, J. 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 Tribunal was right in law in holding that even in such cases of agreed addition to the total income on account of unexplained investments, the Department had to prove by independent evidence in addition to the evidence already brought on record from various sources during the assessment proceedings that that amount represented the concealed income of the assessee earned during the relevant accounting year and on that basis cancelling the penalty of Rs. 40,000 imposed under Section 271(1)(c) of the Income-tax Act, 1961 '2. The material facts giving rise to this reference, as set out in the statement of the case, briefly, are as follows:During the assessment year 1974-75, the assessee ...
State of M.P. and anr. Vs. Sangphoh and ors.
Court: Madhya Pradesh
Decided on: Jul-11-1986
Reported in: 2(1986)ACC477
G.C. Gupta, J.1. This appeal filed under Section 110-D of the Motor Vehicles Act (hereinafter referred to as the Act) is by the owners of the vehicle and is directed against the award dated 17-12-81 passed by Shri V.D. Bajpai, Claims Tribunal, Seoni in motor claim case No. 1/81.2. By the impugned award the tribunal has granted compensation amounting to Rs. 12000/- plus Rs. 1000/- as expenses to respondent Nos. 1 and 2. The respondent Nos. 1 and 2 in their application before the Claims Tribunal submitted that respondent No. 3 Gajendrasingh while driving government jeep No. CPZ 3674 on 4-11-80 at about 7-00 p.m. in a rash and negligent manner dashed against Tejing Chokla, their son, aged about 5 years and killed him. They therefore claim compensation amounting to Rs. 1,00,000/- as pecuniary loss together with Rs. 50,000/- for mental and physical pain. They also claimed a sum of Rs. 900/- for performing funeral rites etc. Respondent No. 3 in his written statement admitted the accident but...
Tarabai Vs. M.P.S.R.T.C. and anr.
Court: Madhya Pradesh
Decided on: Jul-11-1986
Reported in: I(1987)ACC55
P.C. Pathak, J.1. The order in this appeal shall also govern the disposal of Misc. (First) Appeal No. 151 of 1986 (Madhya Pradesh State Road Transport Corporation v. Tarabai and Anr.).2. Both these appeals are against the award dated 24-2-1986 passed by the Motor Accident Claims Tribunal, Indore, in Claim Case No 33 of 1980, whereby the Tribunal passed the award of Rs. 34,560/- in favour of the claimant Tarabai from the date of application i.e. 6-2-1980 till the date of realisation and costs.3. Tarabai as legal representative of the deceased filed an application for compensation of Rs. 50,000/- on the allegations that on 2-1-1980, her husband Kashinath Maratha while coming from village Narval to his home at Banganga, Indore, with a hand-pushed cart loaded with fuel, bus MPC-7361, belonging to the Madhya Pradesh State Road Transport Corporation (hereinafter referred to as 'the Corporation') (appellant in the connected appeal) coining from Ujjain to Indore dashed against him as a result ...
Coal Mines Authority Ltd., Calcutta and ors. Vs. Associated Cement Com ...
Court: Madhya Pradesh
Decided on: Jul-10-1986
Reported in: AIR1986MP241; 1986MPLJ612
B.C. Varma, J.1. The question raised in this appeal at the instance of the defendants is whether on the coming into force of the Coal Mines (Nationalisation) Act, 1973 (Act No. 26 of 1973) certain property, viz., fire extinguishing plants, pump and other machineries, left over the premises of Nowrozabad and Kotma Coal Mines in Shahdol district of Madhya Pradesh, stood transferred to and vested absolutely in the Central Government free from all incumbrances from the appointed date.2. Facts are not much in dispute. The two Coal Mines, i.e. Nowrozabad and Kotma Mines, were owned by the respondent/plaintiff, i.e., the Associated Cement Companies Ltd., Bombay. This plaintiff company had many other establishments all over the country, including places at Kymore and Banmor in Madhya Pradesh, Lakheri in Rajasthan and Mancherial in Andhra Pradesh. It appears that in order to control the underground fire in Nowrozabad Coal Mines, its Manager summoned certain fire extinguishing equipments from Ky...
Peerusingh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-10-1986
Reported in: 1987CriLJ1781
G.G. Sohani, J.1. This appeal is directed against the judgment dt. 21-5-1982 passed be the learned Sessions Judge, Shajapur, in Sessions Trial No. 129 of 1981, The appellant' has been convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life.2. Briefly, the prosecution case was that on 20th Aug. 1981, at about 10 A.M., the appellant assaulted Poorsingh with a stick and an axe. PW-2 Dulesingh, the Chowkidar of the village, lodged the first information report Ex.P-2 on the same day at 12-15 P.M. at Police Station Sadalpur situated at a distance of two kilometres from the scene of occurrence. In that report, the name of the accused was mentioned as the assailant. Poorsingh was taken to the hospital at Susner, where he was examined by PW-9 Dr. Deepak Kumar Bhatnagar. As the condition of Poorsingh was quite critical, his dying declaration Ex,P-6A was recorded at 1-30 P.M. by P.W. 10 Ramdas Gupta, the Naib Tehsildar of Susner in the presence of PW-9 Dr. Deepak Kumar B...
Vijaykumar and ors. Vs. Smt. Uma Sanghi and ors.
Court: Madhya Pradesh
Decided on: Jul-08-1986
Reported in: AIR1987MP41
ORDERV.D. Gyani, J. 1. This order shall also dispose of Civil Revision No. 185 of 1986 -- Rameshchandra Sinha v. Smt. Uma Sanghi Misc. Civil Case No. 129 of 1986, and Misc. Civil Case No. 130 of 1986.2. Civil Revisions Nos. 184/86 and 185/86 arise out of the same order dt/- 7-5-1986, passed by the District Judge, Indore, in Misc. Judicial Case No. 28 of 1986 and Misc. Judicial Case No. 29 of 1986, although they have been preferred by two different petitioners, Vijaykumar and Rameshchandra Sinha. Similarly, Misc. Civil Case No. 129/86 and Misc. Civil Case No. 130/86, have been preferred respectively by Vijaykumar and Rameshchandra Sinha and they also relate to the same matter. As the Misc. Judicial Cases have been disposed of by a common order dt. 7-5-1986, passed by the District Judge, Indore, and the Misc. Civil Cases also relate to the same matter, all these four cases have been heard together and are being disposed of by a common order.3. A brief resume of facts, necessary for dispo...
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