Madhya Pradesh Court January 1988 Judgments
Neemabai Vs. Arun Kumar and ors.
Court: Madhya Pradesh
Decided on: Jan-30-1988
Reported in: 2(1988)ACC88
B.M. Lal, J.1. This is claimant's appeal for enhancement of the award.2. The appellant's husband late Gulli Kachchi on the fateful day i.e. 23-1-1981 was returning from Jabalpur on a bicycle to his village Baren when a truck bearing registration No. MPQ 6963 came from behind and dashed him with the result he sustained grievous injuries on his person and died instantly. The truck belonged to the respondent's No. 2 and No. 3, and it was driven rashly and negligently by Respondent No. 1, Arun Kumar.3. The deceased's heirs filed the claim for a sum of Rs. 28,500/- with interest @ 6% per annum. It is alleged that at the time of accident the age of the deceased was 45 years and he was carrying on a business of hotel and was also doing cultivation. The claimant, as such claimed Rs. 300/- per month out of the hotel income and Rs. 100/- for loss of agricultural earning thus a total sum of Rs. 400/- per month towards loss of earning.4. The truck owners and the driver including the insurance comp...
Tag this Judgment!State of Madhya Pradesh and anr. Vs. Jaswantpuri and ors.
Court: Madhya Pradesh
Decided on: Jan-29-1988
Reported in: AIR1989MP115; 1988MPLJ712
B.C. Varma, J. 1. This is an application for review of our order dated11-11-1987 passed in Miscellaneous PetitionNo. 928 of 1987. 2. The non-applicants responded to an advertisement issued by the State Junior Service Selection Board, Bhopal and faced interview for appointment to the posts of Lower Division Teachers. The Selection Board found them suitable for those posts. Their names were included in the list of successful candidates for Hoshangabad district. About 500 persons were included in Select List. They contended that the list was arranged in order of merit. Out of that list of 500 successful candidates only 232 persons were appointed. The petitioners (non-applicants in this application) in Miscellaneous Petition No. 928 of 1987 contended that although certain posts remained vacant, 95persons not included in the aforesaid list of500 persons were appointed as Teachers. They claimed that those 95 posts should have beenfilled in from among the persons included in that Select List,...
Tag this Judgment!Ravindra Roy and ors. Vs. Bhopal University and ors.
Court: Madhya Pradesh
Decided on: Jan-29-1988
Reported in: AIR1988MP261; 1988MPLJ333
C.P. Sen, J. 1. These 38 petitioners, who appeared in the L.L.B. Part II Examination from Saifia Law College, Bhopal are challenging the cancellation of their examination and their being debarred from appearing in three examinations, allegedly for using unfair means in the examination.2. These petitioners were regular students of Saifia Law College, Bhopal, under the Bhopal University. The LL.B. Part II examination commenced from 21-4-1987 and all the papers were completed by 29-5-1987. On 24-4-1987, there was paper on Personal Law and the students appearing in that examination were sitting in room Nos. 36 to 38 in Saifia College premises. In room No. 36, there was one student Shahriyar Khan and in room No. 38, there was a girl student Ku. Asmita Ambare. As Shahriyar Khan had gone to room No. 38 to help Ku. Asmita Ambare, there was a quarrel with the invigilator, who was assaulted by Shahriyar Khan. A report was lodged in the Police Station and offences under Sections 294, 332 and 353,...
Tag this Judgment!Mahila Samiti Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jan-21-1988
Reported in: (1993)IIILLJ468MP; 1988MPLJ146
ORDERB.C. Varma, J. 1. The order in this petition shall also govern the disposal of Miscellaneous Petitions Nos. 500 and 509 both of 1982.2. A common question in all these three petitions for decision is whether the petitioner establishment engaged in furtherance of popularly known Family Planning Scheme is an 'industry'' within the meaning of Section 2(j) of the Industrial Disputes Act ?3. The petitioner in all the three petitions is a society constituted under the provisions of the Madhya Pradesh Societies Registration Act, 1960 (Act No. 21 of 1960). Its object is to advance social, economic, educational and cultural standard of women and its field of operations is Tikamgarh district. It also endeavoured to assist the State Government in advancement of the Family Planning Programme. For this purpose the respondents Smt. Beni Bai (in M.P. No. 498 of 1982) was engaged as Health Assistant, Smt. Sharikunnisa (inM.P. No. 498 of 1982) as Village Worker and Smt. Margarate Masih (in M.P. No....
Tag this Judgment!Mankunwarbai Vs. Kusumlatabai and anr.
Court: Madhya Pradesh
Decided on: Jan-21-1988
Reported in: 1(1989)ACC487
V.D. Gyani, J.1. These three miscellaneous appeals Under Section 30 of the Workmen's Compensation Act (hereinafter referred to as 'the Act') arise out of the same order dated 18-1-1980, awarding compensation of Rs. 18,000/- to claimants Mankunwarbai and Kusumlatabai, respectively mother and wife of the deceased workman, Komal Singh.2. So far as appeal No. 91 of 1980 is concerned, it relates to the dispute between Mankunwarbai and her daughter-in-law Kusumlatabaj, whose entitlement to compensation has been challenged in this appeal. Two other appeals have been preferred by Madhya Pradesh State Road Transport Corpn. challenging the compensation made in favour of Mankunwarbai and Kusumlatabaj.3. Taking up the appeal preferred by Mankunwarbar denying the claim of Kusumlatabai, Mr. Samvatsar, learned Counsel for the appellant, submitted two points, firstly, Kusumlatabai having remarried, is not entitled to compensation and secondly, it was declared by Kusumlatabai's counsel before the Commi...
Tag this Judgment!Malaiya Brothers Vs. Commissioner of Income-tax.
Court: Madhya Pradesh
Decided on: Jan-16-1988
Reported in: (1988)68CTR(MP)39; [1988]174ITR33(MP)
N. D. OJHA C.J. - The Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur, has referred the following question to this court for its opinion under section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') :'Whether, on the facts and in the circumstances of the case, the Income-tax Officer had jurisdiction to pass assessment orders on January 31, 1977, under section 143(3) of the Income-tax Act, when earlier he had passed assessment orders on April 6, 1976, after passing of the appellate orders by the Appellate Assistant Commissioner on February 19, 1976 ?'The proceedings relate to the assessment years 1971-72 and 1972-73. The assessee had claimed certain deductions in respect of loss pertaining to its Satna Branch styled as M/s. Shrenik Oil Mills. The amount of loss claimed by the assessee was disallowed by the Income-tax Officer. On appeal, however, the Appellate Assistant Commissioner set aside the order of the Income-tax Officer on this point and directed...
Tag this Judgment!Mohanlal Hargovinddas Vs. Commissioner of Income-tax.
Court: Madhya Pradesh
Decided on: Jan-16-1988
Reported in: [1988]174ITR26(MP)
N. D. OJHA C.J. - The Income-tax Appellate Tribunal, Bombay Bench A, Bombay, has referred the following two questions to this court for its opinion :'1. Whether, on the facts and in the circumstances of the case, the inference drawn by the Tribunal that the payment of Rs. 36,292 made by the assessee to Sri Parmanandbhai Patel was prompted by extra commercial considerations is justified ?2. Whether, on the facts and in the circumstances of the case, the claim of the assessee to deduct a sum of Rs. 36,292 representing payment to Sri Parmanandbhai in the computation of its business income is allowable ?'Brief facts as appear from the statement of the case are that the assessee is a registered firm of which Parmanandbhai Patel was a partner along with Smt. Ujjambai by virtue of a deed of partnership dated June 21, 1961, a copy of which has been annexed by the Tribunal to the statement of the case as annexure A. Subsequently, one more partner was inducted, namely, Shravankumar, by virtue of...
Tag this Judgment!Commissioner of Income-tax Vs. Gwalior Sugar Co. (P) Ltd.
Court: Madhya Pradesh
Decided on: Jan-15-1988
Reported in: (1988)68CTR(MP)43; [1988]174ITR1(MP); [1988]38TAXMAN30(MP)
N. D. OJHA C.J. - This order shall govern disposal of Misc. Cases Nos. 469, 470, 471 and 472 Of 1983 (CIT v. Gwalior Sugar Co. (P) Ltd., Dabra) also.The Gwalior Sugar Company (P) Ltd., which is the opposite party in these cases, in proceedings for assessment with regard to different assessment years, claimed certain deductions. In order to appreciate the nature of the deductions claimed, it may be pointed out that the assessee, which is a sugar company engaged in the business of manufacturing sugar, entered into an agreement with Gwalior Agricultural Company. This agreement, inter alia, stipulated advancement of loans by the assessee to the agricultural company. Further, under the terms of the agreement, the agricultural company had to utilise the whole of its land and farms which were in close proximity to the sugar factory of the assessee for growing sugarcane and was bound to sell its entire production of sugarcane to the assessee. There was also a term in the agreement to charge pr...
Tag this Judgment!Madhya Pradesh State Road Transport Corporation Vs. Sharad Nathooram M ...
Court: Madhya Pradesh
Decided on: Jan-15-1988
Reported in: I(1988)ACC548
B.M. Lal, J.1. This appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) is filed by the non-claimant, Madhya Pradesh State Road Transport Corporation, Bhopal (in short MPSRTC) against an award dated 20-1-1983, whereby the Motor Accidents Claims Tribunal, Seoni, (hereinafter referred to as the Tribunal) has awarded Rs. 30,500/- in favour of the Claimant Sharad Nathooram Mahimkar, a Bombay based trader.2. In short: the respondent filed a claim petition before the Tribunal against the MPSRTC, on the ground, inter alia, that he was travelling in a passenger bus belonging to the appellant bearing registration No. CPM 8604 as a bonafide passenger from Nagpur to Jabalpur via Seoni on 31-12-1981. Just eight kilometers ahead of Seoni the said bus dashed against the stationery truck bearing No. MPC 1758. The bus was driven rashly and negligently by Sheikh Ahmad who died on the spot instantly. As a result of the accident the respondent sustained severe ...
Tag this Judgment!Commissioner of Income-tax Vs. Raipur Flour Mills (P.) Ltd.
Court: Madhya Pradesh
Decided on: Jan-12-1988
Reported in: [1989]177ITR352(MP)
C.P. Sen, J. 1. The Tribunal has referred the following question to this court under Section 256(1) of the Income-tax Act, 1961, for its opinion for the assessment year 1977-78 :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in allowing deduction under Section 24(1)(i) of the Income-tax Act, 1961, in respect of repairs, from the income of the premises let out by the assessee ?'2. Common questions arose in respect of the assessment years 1971-72, 1972-73, 1973-74 and 1976-77, pertaining to the assessment of the assessee, 'Raipur Flour Mills (P.) Ltd.' The question was whether the deduction claimed by the assessee on account of repairs to the building was allowable or not. The Income-tax Officer initially allowed deduction. The Commissioner of Income-tax, acting under Section 263 of the Income-tax Act, 1961, directed the Income-tax Officer to make fresh assessment in accordance with law. Thereafter, the Income-tax Officer disallow...
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