Madhya Pradesh Court January 1987 Judgments
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Ramswarup Tripathi Vs. City Administrator, Gwalior, Office of Municipa ...
Court: Madhya Pradesh
Decided on: Jan-20-1987
Reported in: AIR1988MP264
T.N. Singh, J. 1. The suit was for permanent injunction and declaration of title. Two Courts have dismissed the suit in toto. The plaintiff has appealed seriously contesting the validity of the decisions rendered by the Courts below.2. Plaintiffs counsel, Shri Agrawal, submits that the plaintiff had duty proved his title to suit property, a Chabutara measuring 2.10 Mtrs. in breadth and 4.70 Mtrs. in length as per plaint-map. Ex. P 1 is a registered sale-deed to which is also annexed a map in which the Chabutara is shown but without measurements. The sale-deed is dt. 6-4-1968. The plaintiff came with the suit after the Corporation, who figures in this case as the defendant/ respondent, sought to demolish the Chabutara on 21-11-1975. It is admitted that a part of the Chabutara was damaged,albeit in plaintiffs absence. The plaintiffs case is that Corporation had no right to dispossess the plaintiff from the Chabutara and to damage the same for which he claimed Rs. 100/- as compensation in...
M.P. State Road Transport Corporation, Habibganj, Bhopal Vs. Shyamkish ...
Court: Madhya Pradesh
Decided on: Jan-20-1987
Reported in: II(1987)ACC26; AIR1987MP188
R.K. Verma, J.1. This is an, appeal filed by the M. P. State Road Transport Corporation against the Award dated 30-10-1982 made by the Motor Accident Claims Tribunal, Rajgarh, in Claim Case No. 25 of 1980 whereby the learned Tribunal has awarded Rs. 38,640/- as compensation to the injured Claimant-respondent Shyam Kishore Malviya.2. The material facts leading to this appeal, briefly stated, are as under : --In the night intervening 8th and 9th February, 1980 the claimant-respondent boarded the Bhind-Bhopal Bus No. C.P.H. 8595 beloning to the appellant corporation, at Guna for going to Bhopal. At about 4 a.m. on the way, at a point two Kms., before reaching Biara the bus collided with three trucks which were parked on the left-side of the road, due to rash and negligent driving of the bus driver. The claimant-respondent who was sitting in the bus at seat No. 1, just behind the driver, was seriously injured as a result of the accident. Besides, abrasions at 10 places of the body the Clai...
Manoramadevi and ors. Vs. N.D. Patel and ors.
Court: Madhya Pradesh
Decided on: Jan-19-1987
Reported in: II(1987)ACC382
R.K. Verma, J.1. This is an appeal by the claimants against the Award dated 19-7-1982 passed by the Member, IIIrd Additional Motor Accident Claims Tribunal in claim case No. 98/79 whereby the learned Member has awarded compensation of Rs. 5000/- with interest thereon at the rate of 6% per annum from the date of presentation of the claim petition till realisation. The claimants-appellants have prayed for enhancement of the compensation amount to four lacs. The Respondent No. 1 who is the owner of the truck in question which caused the accident has, however, filed a cross-objection alleging the compensation awarded to be excessive.2. The material facts leading to this appeal, briefly stated, are as under:On 15-3-1979 between 12 and 12.30 P.M. Pradeep Kumar was going on his scooter from Navlakha towards Loha Mandi and when he reached on Navlakha road in front of Khalsa Timber Merchant the respondent No. 2, who was driving truck No. M.P I. 3468, reversed the truck from Sarvodaya Saw Mill a...
Cowasji and Sons Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jan-16-1987
Reported in: [1987]166ITR445(MP)
G.G. 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 questions of law to this court:'(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the gratuity payable at Rs. 33,059 to employees of the assessee in the electricity undertaking of Mount Abu Electric Supply Co, being compulsorily taken over by the Rajasthan Government under the Compulsory Acquisition Act (Vesting Act) was not an allowable deduction and was hit by Section 40A(7) of the Income-tax Act, 1961 ? (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that even if Section 40A(7) was applicable, the case is not covered by Section 40A(7)(b)(i) of the Income-tax Act, 1961 ?' 2. The material facts giving rise to this reference, br...
Smt. Muniya Bai Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-14-1987
Reported in: AIR1987MP202
T.N. Singh, J. 1. For last three years, this appeal unfortunately has been awaiting a short order. Even at this stage, I might mention that between 20-7-1982 and 11-7-1986, nothing happened and the time was totally and uselessly wasted. Only on 28-7-1986 when it came up before me, the appeal was admitted for hearing and on that date itself. I took the view that this matter has to be disposed of expeditiously and fixed hearing of the appeal on merit which had to take place on 8-12-1986. Because one of the respondents, indeed an instrumentality of the first respondent. State of Madhya Pradesh was not served on that date, 1 ordered that Government Advocate, Gwalior be noticed through S.P.C. that this appeal shall be heard and finally disposed of on 12th January, 1987. Accordingly, I have heard counsel today on both sides and disposed of this matter finally by the short order as follows.2. When the appeal was admitted, one of the substantial questions of law framed at that time was whether...
H.H. Maharaja Shri Lokendra Sing Ji Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jan-14-1987
Reported in: [1987]166ITR407(MP)
G.G. 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 questions of law to this court for its opinion:'(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the reassessment proceedings were validly initiated under Section 147(b) of the Income-tax Act, 1961 ? (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that rental income of the exempted palace did not fall within the ambit of provision of Sub-section (19A) of Section 10 of the Income-tax Act, 1961 ?' 2. The material facts giving rise to this reference, briefly, are as follows:The assessee is an erstwhile ruler of Ratlam. While framing the assessment of the assessee for the assessment years 1973-74 and 1974-75, the Income-tax Officer held that the rental income from 'Ranji...
Teju Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-14-1987
Reported in: 1987CriLJ1674
P.D. Mulye, J.1. In S.T. No. 74 of 1983, decided on 21-12-83, by the third Addl. Sessions Judge, Indore, the appellant has been convicted for an offence under Section 302, IPC for committing the murder of Shivnarayan and sentenced thereunder to suffer R.I. for life and a fine of Rs. 500/-, in default further R.I. for two years and also convicted him for an offence under Section 307, IPC for voluntarily causing grievous hurt to P.W. 3 Antar Singh and sentenced him thereunder to suffer R.I. for five years and a fine of Rs. 250/-, in default further R.I. for one year, all the sentences to run concurrently, though the co-accused Smt. Umrao Bai, wife of the appellant has been acquitted.2. The facts giving rise to this appeal may be stated, in brief, thus P.W, 3 Antar Singh is the cousin of deceased Shivnarayan. The appellant as also deceased Shivnarayan and P.W. 3 Antar Singh all live in village Badarkhan, police station Hatod in the same vicinity. On 27-10-1982, which was the Dussera day, ...
Municipal Council Vs. M.P. Wakf Board
Court: Madhya Pradesh
Decided on: Jan-09-1987
Reported in: 1990(0)MPLJ217
G.C. Gupta, J.1. This is defendant's first appeal against the judgment and decree dated 15-9-1979 passed by Shri N. S. Chauhan, Additional District Judge, Narsinghpur in Civil Suit No. 4-A/71, renumbered as 3-A/77, directing the appellant to hand over the school building and the management of the Shiv Primary School, Kandeli to the respondent.2. The respondent/plaintiff is the body corporate under the provisions of the Wakf Act, 1954, and had filed the present suit for removal of the management, transfer of management of school and possession of the building. Their case was that the said school and building is the Wakf property of the Muslim Education Union Society, Narsinghpur and is in possession of the appellant only for purposes of its proper management. According to the respondent, one Syed Ali Mardan Saheb of Narsinghpur established an Arbi and Urdu Madarsa some times in the year 1885-86 for imparting Urdu-cum-religious education. According to them, the said school was started in...
Dy. Director, Sambhagiya Prakashan Karyalaya and ors. Vs. Kamlabai and ...
Court: Madhya Pradesh
Decided on: Jan-05-1987
Reported in: I(1987)ACC569; 1987MPLJ517
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 16-9-85 made by the IInd Additional Motor Accidents Claims Tribunal Indore (for short 'the Tribunal') in Claim Case No. 68 of 1982.2. It is not in dispute that at about 5 A.M. on 25-1-82 the motor vehicle bearing registration No. MPZ 8707 belonging to the State of M.P. while coming to Indore from Mhow was involved in an accident resulting in the death of Gangaram who was then an occupant of the vehicle.3. At the time of the accident the vehicle was being driven by the respondent No. 8 Ramsingh an employee of the State of M.P. The other respondents are the L. Rs. of deceased Gangaram.4. The aforesaid respondent No. 1 to 7 filed an application under Section 110-A of the Act claiming Rs. 1,00,000/- as compensation. According to the claim petition the deceased was working in the Malwa Mills, Indore and was earning Rs. 625/- per month. It was state...
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