Madhya Pradesh Court October 1987 Judgments
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Madhya Pradesh Agricultural Corporation Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Oct-14-1987
Reported in: (1988)68CTR(MP)161
N.D. Ojha, C.J.1. The petitioner, a registered firm, filed its return of income for the assessment year 1973-74 on August 7, 1975. The return for this assessment year was in the normal course to be filed by June 30, 1973, but in view of a general extension having been granted in that year, it could have been filed by August 15, 1973. Accordingly, a delay of nearly two years had occurred in filing the return. According to the petitioner, on the basis of the return filed by it, Rs. 3 1,056 was the tax payable, out of which a sum of Rs. 11,012 had been paid as advance tax and a sum of Rs. 1,634 had been deducted at source. The balance of Rs. 18,410 was deposited by challan on August 30, 1975, by means of a cheque issued on August 19, 1975. The case of the petitioner further is that return for the assessment year 1975-76 had also been simultaneously filed. The tax payable according to it for the year 1975-76 as per return was Rs. 22,330 out of which Rs. 16,280 had been deposited as advance...
Hiralal Gopilal Rathore Vs. M.P. State and anr.
Court: Madhya Pradesh
Decided on: Oct-14-1987
Reported in: 1988CriLJ457
ORDERK.L. Shrivastava, J.1. This order shall also govern the disposal of Miscellaneous Criminal Case No. 1880 of 1986 (Mehmmood Khan v. State of M.P. and Anr.). Both these cases arise out of applications under Section 482 of the Cr. P.C., 1973 (for short, 'the Code') and involve common questions.2. The petition in Misc. Criminal Case No. 1506 of 1987 by Hiralal is directed against the revisional order dated 23-1-1987 passed by the Sessions Judge, Indore in Criminal Revision No. 115 of 1987, whereby the petitioner's conviction under Section 3/7 of the M.P. Rajya Sadak Parivahan Sewa (Bina Ticket Yatra Ki Rok) Adhiniyam, 1974 and the sentence of fine of Rs. 200/- (therein recorded by the Judicial Magistrate, First Class, Indore in summary trial, have been maintained.3. Circumstances giving rise to the petition are these : Traffic Superintendent of the Flying Squad of the Madhya Pradesh State Road Transport Corporation, Bhopal, at 10.55 a.m., on 4-7-86, checked the bus bearing registratio...
Amarnath Pande Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-14-1987
Reported in: 1988CriLJ522
ORDERK.L. Shrivastava, J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code') for expunging the expression 'benefit of doubt' occurring in paragraph 14 of the order of acquittal dated 12-5-1986 passed by the Chief Judicial Magistrate, Indore, in favour of the present petitioner.2. Facts giving rise to this application are these : The petitioner is employed as an Assistant Engineer in the Madhya Pradesh Electricity Board at Indore. He was prosecuted by the police (vide Criminal Case No. 6005 of 1981 of the Court of Chief Judicial Magistrate, Indore) for having criminally misappropriated fifty bags of cement belonging to the M.P.E.B., Indore.3. During the trial, no evidence establishing the offence against the petitioner was produced.4. In acquitting the petitioner and his two co-accused, the learned trial Court has observed as under:[Matter in Hindi omitted-Ed.]5. The contention of the learned Counsel for the petitioner is that in t...
M.P. State Road Transport Corporation and anr. Vs. SaifuddIn and ors.
Court: Madhya Pradesh
Decided on: Oct-14-1987
Reported in: I(1988)ACC230
R.K. Varma, J.1. This is an appeal by the M.P. State Road Transport Corporation, owner and its employee, the driver of the offending bus bearing registration No. MPF 8470, directed against the Award dated 24-7-1979 passed by the Motor Accident Claims Tribunal, Ratlam in Claim Case No. 9/77 whereby the learned Tribunal has awarded a compensation of Rs. 4,000/- with interest @ 6% per annum in favour of the respondent-claimants who are the brother and the brother's son respectively of the deceased Kallu who died as a result of the accident caused by the said bus at 6.00 a.m. on 9-1-1977 at Maszid Choraha, Sailana while the bus was being taken to the bus-stand.2. The learned Tribunal, on appreciation of evidence on record, found that the offending bus at the time of the accident was driven by one Kishore Singh respondent No. 3 and not by the driver Narain-appellant No. 2. The learned Tribunal further found that Kishore Singh was driving the but in question with the consent of the driver Na...
Ramdas Gupta Vs. Babulal and anr.
Court: Madhya Pradesh
Decided on: Oct-13-1987
Reported in: AIR1988MP155
K.K. Varma, J.1. This is a first appeal under Sub-section (1) of Section 96 of the C. P.C., 1908. It has been filed by a defendant from the judgment and decree dated 24th Nov. 1977 passed by the Additional District Judge, Sheopurkalan, in C.S. No. 9-A/1977 (filed on 25-7-1974) declaring respondents Babulal and Omprakash owners of the upper storey of a house (described in plaint para-1) situate at Sheopurkalan and ordering delivery of possession of the same to the respondents.2. The facts, no longer in dispute, are as follows :Appellant Ramdas Gupta's paternal uncle Brindawan executed a registered sale deed dated 24-3-1960 (Ex. P. 3) in favour of the respondents for consideration in respect of the ground floor of the aforementioned house situate at the Main Road, Moti Katie Bazar Khaas, Sheopurkalan. On 12-7-1960 Brindawan executed a registered sale deed (Ex. P.-4) for consideration in favour of the respondents in respect of the remaining moiety of the aforementioned house i.e. its firs...
Ayodhya Prasad Parmeshwaridas Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Oct-13-1987
Reported in: 1987MPLJ770
N.D. Ojha, C.J.1. The Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur, has referred the following four questions to this court for its opinion under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as the Act):' (i) Whether on the material on record, the rinding of the Appellate Tribunal holding that the firm was not entitled to registration under Section 185 was legally correct ?(ii) Whether, in view of the fact that by the death of the partner, Gopiram, on October 2, 1974, the firm wasdissolved and the order refusing to grant continuation of registration under Section 184(7) till October 2, 1974, and holding that there was a change in the constitution of the firm is legally correct ?(iii) Whether, in view of the unsettled position of law in regard to a change in the constitution or succession of the firm, the finding that the applicant should have made an application in Form No. 11A before the end of the accounting year and that the delay could not be condo...
United India Insurance Co. Ltd. Vs. Ismail and ors.
Court: Madhya Pradesh
Decided on: Oct-12-1987
Reported in: I(1988)ACC233; AIR1988MP189; [1989]66CompCas629(MP)
R.K. Varma, J.1. This is an appeal by the Insurance Company directed against the award dt. 24-12-1985 passed by the Motor Accidents Claims Tribunal, Indore in Claim Case No. 49/80 whereby the learned Tribunal has awarded compensation of Rs. 50,000/-for the death by motor accident of the deceased Mohammad Amin with interest @ 10% per annum from the date of the petition till realisation.2. The facts giving rise to this appeal, briefly stated, are as follows : --It is not disputed that on 21-1-1980, the truck bearing Registration No. MPM 3297 hit the deceased Mohammad Amin who was going on a bicycle near Premsukh Talkies, Indore with the result that the deceased fell down and was crushed under the wheels of the truck. The deceased was moved to the M. Y. Hospital, where he succumbed to the injuries. The respondents Nos. 1 and 2 who are parents of the deceased, filed the claim petition Under Section 110-A of the Motor Vehicles Act against the respondents Nos. 3 and 4, the owner and the driv...
Khanna Scooters Vs. Assistant Sales Tax Officer and ors.
Court: Madhya Pradesh
Decided on: Oct-12-1987
Reported in: [1988]69STC103(MP)
N.D. Ojha, C.J.1. The petitioner is a registered dealer under the Madhya Pradesh General Sales Tax Act (hereinafter referred to as 'the Act'). The period of assessment relevant for the writ petition is from 1st January, 1975 to 31st December, 1975. An order of assessment was passed by Shri B. M. Thakur, Assistant Sales Tax Officer, purporting to be dated 30th September, 1980, against which a revision was preferred by the petitioner before the Divisional Deputy Commissioner of Sales Tax, Bhopal Division, Bhopal, respondent No. 2. The said revision was allowed by respondent No. 2 by order dated 21st December, 1981, a copy whereof has been filed as annexure-E to the writ petition. By this order, the order of assessment dated 30th September, 1980 was set aside and the Assistant Sales Tax Officer was directed to pass a fresh order.2. A question was raised on behalf of the petitioner that the assessment had become barred by time, inasmuch as no order of assessment had been passed within the ...
Kamlashankar and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-10-1987
Reported in: 1988CriLJ659
ORDERK.L. Shrivastava, J.1. This is an application under Section 482 of the Criminal P.C. 1973 (for short 'the Code') for quashing the order dated 11-6-1987 passed by the Judicial Magistrate First Class, Mandsaur in Criminal Case No. 132 of 1985 and for requiring him to proceed in accordance with Section 130 of the Motor Vehicles Act, 1939 (for short 'the Act').2. Circumstances giving rise to this petition are these. The Police Inspector Traffic Police Mandsaur prosecuted the petitioners in respect of offence, under Section 42/123 of the Act before the Chief Judicial Magistrate, Mandsaur who ordered issue of notice under Section 206 of the Code against them.3. In obedience to the notice, the non-applicants put in appearance on 5-5-84 through their Advocate. The case was later transferred to the Court of J.M.F.C. Mandsaur. After several hearing, it was on 11-6-87, when the non-applicants prayed for exemption from personal appearance, by the impugned order, their prayer has been rejected...
Y.B. Chaturvedi Vs. Hope Textile Ltd. and ors.
Court: Madhya Pradesh
Decided on: Oct-09-1987
Reported in: [1990]68CompCas713(MP)
P.D. Mulye, J.1. The petitioner, who is a director of Hope Textile Ltd., Indore, a public limited company, respondent No. 1, has filed this petition under Section 633(2) of the Companies Act, 1956, whereby he has prayed that he should be excused and/or relieved from any liability and/or proceedings that may be initiated against him for non-deposit of provident fund or employees' State insurance dues by respondent No. 1-company or any violation of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, or the Employees' State Insurance Act, 1948, and the rules framed thereunder.2. Before stating the facts, it is necessary to reproduce Section 633 of the Companies Act, 1956, which is as follows :'Power of court to grant relief in certain cases. -- (1) If in any proceeding for negligence, default, breach of duty, misfeasance or breach of trust against an officer of a company, it appears to the court hearing the case that he is or may be liable in respect of the negligence, ...
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