Madhya Pradesh Court March 1987 Judgments
Balveersingh Vs. Kishanlal
Court: Madhya Pradesh
Decided on: Mar-27-1987
Reported in: AIR1988MP225
R.C. Shrivastava, J.1. A Single Bench of this Court, while dealing with Second Appeal No. 35/86, feet difficulty, in view of some conflicting decisions of this Court, in deciding the question as to whether mere disclaimer of the landlord's title by the tenant entitles the landlord toa decree for his eviction in terms of Section 12(1)(c) of the M. P. Accommodation Control Act, 1961, without proving further that such disclaimer affects the plaintiff's interest adversely and substantially. Therefore, he moved the Hon'ble the Chief Justice for constituting a larger Bench for deciding the question. Thus, the said question came to be referred to this Division Bench.2. The question, as framed, is purely that of law. It presupposes that estoppel under Section 116 and there is also 'disclaimer' by him prior to the date of institution of the suit. We say so because there may be a case where, in certain set of circumstances, the estoppelunder Section 116 o f the Evidence Act may not be operative,...
Tag this Judgment!Radheshyam Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-26-1987
Reported in: 1988CriLJ678
G.G. Sohani, J.1. This is a petition under Article 226 of the Constitution of India for a writ of habeas corpus challenging the validity of the order of detention passed by the District Magistrate, Indore on 25-2-1987 under Sub-section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as 'the Act'), directing that the petitioner be detained and kept in District Jail, Indore.2. The material facts giving rise to this petition, briefly, are as follows:On 4-1-87, a report was lodged at the police station, Simrol, near Indore, by one Prahladdas that a Jain 'sadhwi' (nun) Induprabha, aged about 21 years, was abducted. While the investigation was in progress, Induprabha appeared at the police station and informed the police that she had not been abducted but that she had accompanied the petitioner of her own free will. Statement of Induprabha was recorded under Section 164, Cr.P. Code, in which she affirmed that she was not abducted and that she wanted to reside wit...
Tag this Judgment!The Sagar Anaj Avam Tilhan Vyapari Sangh Vs. Krishi Upaj Mandi Samiti, ...
Court: Madhya Pradesh
Decided on: Mar-21-1987
Reported in: AIR1989MP34
N.D. Ojha, C.J.1. The Order in thispetition shall also govern the disposal of M- P.No. 3411 of 1985 (Vyapari Sangh ChirmiriKshetfa, Chirmiri v. State of M. P. andanother). 2. Petitioner 1 in M. P. No. 222/83 is an Association of traders, whereas petitioner 2 is a member of petitioner 1 Association. He is a trader holding licence under the M. P. Krishi Upaj Mandi Adhiniyam, 1973 (hereinafter referred to as the 1973 Adhiniyam). The petitioner in M. P. No. 3411/85 is an Association of grain arid oilseeds dealers. Its members are dealers within the meaning of the Mandi Adhiniyam. Section 6 of the Mandi Adhiniyam empowers the market committee to control marketing of notified agricultural produce and for this purpose, a dealer is required to take a licence which is renewed from time to time. 3. The case set up by the petitioners in these two writ petitions is that the dealers are being required to pay a portion of their purchased agricultural produce Under Section 4 of the M. P. Nirashriton ...
Tag this Judgment!Raja Vikramaditya Singh (Decd.) (Through Lrs. Rani Indirakumari and or ...
Court: Madhya Pradesh
Decided on: Mar-21-1987
Reported in: (1987)64CTR(MP)28; [1988]169ITR55(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 Tribunal was right in holding that, in fact, the old and new plans giving the numbers of the plots were produced for the first time before it so that the Appellate Assistant Commissioner could not have appreciated the point thoroughly and in further holding that the Appellate Assistant Commissioner was not in a position to comment upon the said evidence ? (2) Whether, on the facts and in the circumstances of the case, the assessee having filed certified copies of registered sale deeds as comparative cases for calculating the fair market value before the Income-tax Officer and referred in proceedings under Section 144B before the Inspecting Assistant Commissioner and fully d...
Tag this Judgment!Commissioner of Income-tax Vs. Raja Vikramaditya Singh
Court: Madhya Pradesh
Decided on: Mar-21-1987
Reported in: [1988]169ITR60(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 :2. On behalf of the Department :'(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the assessee is entitled to the deduction of interest of Rs. 22,355 in respect of the assessment year 1971-72 ? (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was legally justified in holding that provisions of Sub-section (2) of Section 52 of the Act were not applicable to the facts of the assessee's case on the sale of Rasoda building ? (3) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the firm, M/s. Madho Associates, Kota, commenced its business from July, 1971, and the assessee was...
Tag this Judgment!Kishorilal Vs. Municipal Council, Sakti and ors.
Court: Madhya Pradesh
Decided on: Mar-19-1987
Reported in: AIR1988MP31
Suryavanshi, J.1. This is a petition under Article 226 of the Constitution of India challenging the decision of Municipal Council, Sakti, District Bilaspur (respondent 1), granting the contract for collection of fees on sale of catties from cattle market in favour of respondent 4, instead of the petitioner, the highest bidder in public auction held on 30-5-86.2. The material facts relating to this petition are as follows : -(1) The Municipal Council (respondent 1) under Section 127(l)(viii) of M.P. Municipalities Act, 1961 (for short, Act) has power to impose fees on registration and sale of catties in the Municipal market, and by virtue of powers under Section 160 of the Act it could lease this right by public auction. Accordingly, respondent 1 issued public notice dt. 2-5-1986 (Annexure-A) fixing 30-5-1986 for holding public auction for a period of three years commencing from 1-6-1986 to 31-5-1989.(ii) Clause 2 of the condition provided that person participating in the auction shall ...
Tag this Judgment!Mrs. Sharada Sawani Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-19-1987
Reported in: AIR1987MP281
Varma, J.1. This is a petition under Art, 226 of the Constitution of India whereby the petitioner has sought quashing of the notice of demand/recovery dated 18-7-1985 issued by the respondent No. 2 and other appropriate reliefs in the circumstances.2. The material facts leading to this petition, briefly stated, are as follows : --Trading in Tendu leaves in Madhya Pradesh is regulated by the provisions of M.P. Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964 (hereinafter called 'the Adhiniyam') and the rules. The State Government disposes of the Tendu leaves of various forest units by sale to purchasers either by invitation of tenders or by auction. A tender notice dated 17-12-1984 for disposal of various Tendu Patta units was published in the M .P. Gazette (Extra Ordinary) dated 5-1-1985 inviting tenders from prospective purchasers of Tendu leaves in respect of the various units of Tendu patta including the unit in question viz., Unit No. 19/B, Bisali of Dewas Forest Division, Indore Cir...
Tag this Judgment!General Manager (Works), Straw Products Ltd. Vs. Mohd. Akhtar and ors.
Court: Madhya Pradesh
Decided on: Mar-18-1987
Reported in: (1999)IIILLJ227MP
ORDERB.M. Lal, J. 1. This appeal under Section 30 of the Workmen's Compensation Act (hereinafter referred to as the Act) has been filed by appellant/Management of the Straw Products Ltd., Chhola Road, Bhopal challenging the order of the Workmen's Compensation Commissioner, Bhopal (hereinafter referred to as the Commissioner) passed on July 18, 1980 whereby Mohd. Akhtar Respondent No. 1 has been awarded a sum of Rs. 20,160 towards compensation.The short facts leading to this appeal are as under :Respondent No. 1, Mohd. Akhtar presented an application before the Commissioner for award of compensation on account of the injuries sustained by him in an accident during the course of his employment. In short, his case was that, Contractor M/s. Praveen Kumar engaged him as a painter on daily wages @ 25/- per day for doing some painting job on the chimney of the appellant company. For performing the job assigned to him, Mohd. Akhtar was required to work at an altitude of about 130 ft. Therefore...
Tag this Judgment!Raigarh Jute Mills Ltd. Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Mar-18-1987
Reported in: [1988]71STC94(MP)
N.D. Ojha, C.J.1. The Board of Revenue has referred the following questions to this Court for its opinion :(a) Whether on the facts and circumstances of the case and in view of para No. 8, operative part of the order of the Honourable Board of Revenue, dated 20th July, 1978 made in appeal Nos. 143 and 143-PBR/77, it could be interpreted that the sales of machinery scrap must be subjected to tax and the penalty under Section 43(1) of the Act must be imposed ?(b) Whether on the facts and circumstances of the case, the turnover of machinery scrap amounting to Rs. 46,493.00 sold in the course of inter-State trade and commerce is liable to tax under the provisions of the Central Sales Tax Act, 1956 ?(c) Whether on the facts and circumstances of the case, remand of the case was necessary and warranted 2. A perusal of the appellate order passed by the Board of Revenue indicates that a photostat copy of an original bill was produced before the Board of Revenue and on the basis of that copy, th...
Tag this Judgment!Commissioner of Income-tax Vs. Bhandari Capacitors Private Ltd.
Court: Madhya Pradesh
Decided on: Mar-15-1987
Reported in: (1987)65CTR(MP)114; [1987]168ITR647(MP)
G. G. SOHANI J. - 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 holding that the amount of capital subsidy of Rs. 1,28,616 was not deductible in computing the actual cost of the asset as defined in section 43(1) of the Income-tax Act for the purpose of calculating the depreciation and investment allowance admissible to the assessee ?'The material facts giving rise to this reference, briefly, are as follows :The order of assessment passed by the Income-tax Officer for the assessment year 1977-78 was set aside by the Commissioner of Income-tax as he was of the opinion that the order of assessment was erroneous in so far as it was prejudicial to the interests of the Revenue. The Commissioner was of the view that in working...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »