Madhya Pradesh Court November 1988 Judgments
Gopal Prasad Chourasia Vs. Prabanna Kumar Shrivastava and ors.
Court: Madhya Pradesh
Decided on: Nov-26-1988
Reported in: AIR1989MP187
Y.B. Suryavanshi, J. 1. In this petition under Article 227 of the Constitution of India, the petitioner Gopal Prasad Chourasia is challenging the orders dt. 13-2-1985, passed by First Additional Judge to the Court of District Judge, Chhindwara holding that the 'revision' filed against the order passed by the First Civil Judge, Class I, Chhindwara, in Insolvency Case No. 6/55 is not maintainable, (ii) The Insolvency Court in the orders dt. 13-8-1984, while dealing with the objection of the petitioner whether this petitioner has a right of pre-emption and accordingly whether he is a person aggrieved by the act of the Receiver (respondent 1 -- then Guru Prasad Shrivastava, Advocate -- now substituted by his L.R. Shri Prabanna Kumar Shrivastava, Advocate) inter alia, held that the order challenged by the petitioner Gopal Prasad Chourasia could be decided on the basis of the documents filed by him and no oral evidence is necessary to decide that matter. (iii) The learned Addl. Judge in the ...
Tag this Judgment!Radhakishan Vs. Mohanlal and ors.
Court: Madhya Pradesh
Decided on: Nov-22-1988
Reported in: AIR1989MP240; 1989MPLJ199
ORDERR.K. Verma, J.1. This is an application for refund of Court-fees under Section 13 of the Court-fees Act filed by the successful appellant in first Appeal No. 1/76 (Radhakishan v. Mohanlal) which was allowed by Order dated 16-11-87 whereby the judgment and decree of the trial Court have been set aside and the case has been remanded to the trial Court with the direciion to re-admit the suit under its original number and to proceed to determine the suit afresh.2. Section 13 of the Court-fees Act. 1870 in so far as, it is material, is as follows :--''13. Refund of fee paid on Memorandum of Appeal :If an appeal or plaint, which has been rejected by lower Court on any of the grounds, mentioned in the Civil P. C. is ordered to be received, or if a suit is remanded in appeal on any of the grounds mentioned in Section 351 of the same Code for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate, authorizing him to receive back from the Collec...
Tag this Judgment!Commissioner of Income-tax Vs. Kanji Bhai Tivraj Bhai
Court: Madhya Pradesh
Decided on: Nov-21-1988
Reported in: [1989]176ITR273(MP)
G.G. Sohani, Actg. C.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, Jabalpur Bench, Jabalpur, 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 correct in holding that the provisions of Section 64(1)(vi) were not attracted to the case of the assessee and the income earned by Mrs. Pragnya Devi, the daughter-in-law of the assessee, from the share in the firm, Pragnya Oil Industries, could not be included in the hands of the assessee ?'2. The material facts giving rise to this reference, briefly, are as follows :The assessee was a partner in the firms, Nirmalkumar & Co. and Pragnya Oil Industries. The assessee gifted a sum of Rs. 25,100 to his son's wife, Smt. Pragnya Devi, who contributed that amount to the capital of the firm, Pragnya Oil Industries, and became a partner of that firm. Wh...
Tag this Judgment!Oriental Insurance Company Ltd. Vs. Smt. Shanti Bai and ors.
Court: Madhya Pradesh
Decided on: Nov-18-1988
Reported in: II(1990)ACC97
B.M. Lal, J.1. The order passed in this M.C.C. shall also govern the disposal of the connected Misc. Civil Cases No. 545/88; 546/88; 547/88; 548/88; 549/88; 550/88; 551/88; 552/88; 553/88; 554/88; 555/88; 477/88; 478/88; 479/88; 480/88; 481/88; 482/88; 483/88; 484/88; 485/88; 486/88; 487/88; 488/88; 489/88; 490/88; 491/88; 492/88; 493/88; 494/88; 495/88; 496/88; and 497/88.2, In the intervening night of 3rd & 4th February, 1988, an unfortunate and pathetic motor accident occurred in which, the bus bearing registration No. MPQ 7631, while carrying bus-load marriage party of Jaggi Family of Ranjhi, dived into the river Balai on its way to Bhilai from Jabalpur. The bus in question belongs to M/s Caravs, 15, Civil Lines, Jabalpur and was driven by driver Hasan. As a result of the said accident, most of the baratics lost their lives.3. the place of accident falls within the territorial jurisdiction of the Motor Accidents Claims Tribunal, Mandla, therefore, number of claim petitions have bee...
Tag this Judgment!Oriental Insurance Co. Ltd. Vs. Shanti Bai and ors.
Court: Madhya Pradesh
Decided on: Nov-18-1988
Reported in: II(1989)ACC289
B.M. Lal, J.1. The order passed in this M.C.C. shall also govern the disposal of the connected Misc. Civil Cases No. 545/88; 546/88; 547/88; 548/88; 549/88; 350/88; 551/88; 552/88; 553/88; 554/88; 555/88; 477/88; 478/88; 479/88; 480/88; 481/88; 482/88; 483/88; 484/88; 485/88; 486/88; 487/88; 488/88; 489/88; 490/88 491/88; 492/88 493/88; 494/88; 495/88; 496/88 and 497/88.2. In the intervening night of 3rd & 4th February 1988, an unfortunate and pathetic motor accident occurred in which, the bus bearing registration No. MPQ 7631, while carrying busload marriage party of Jaggi Family of Ranjhi, dived into the river Bailai on its way to Bhilai from Jabalpur. The bus in question belongs to M/s Caravs, 15, Civil Lines, Jabalpur and was driven by driver Hassan. As a result of the said accident, most of the baraties lost their lives.3. The place of accident falls within the territorial jurisdiction of the Motor Accidents claims Tribunal, Mandla, therefore, number of claim petitions have been b...
Tag this Judgment!Madhya Pradesh State Road Transport Corporation, Gwalior Vs. Nirmal Ku ...
Court: Madhya Pradesh
Decided on: Nov-17-1988
Reported in: AIR1989MP212
T.N. Singh, J.1. Admittedly, the petitioner is a 'State Undertaking' within the meaning of Section 68-A(ii) of the Motor Vehicles Act, 1939, for short; the 'Act'. On a permit being granted on 6-4-1988 for a period of five years, with effect from 10-4-1988, to Nirmal Kumar Chordia, by Regional Transport Authority, Kota, as per Annexure P/5(a), and the same being countersigned as per Annexure P/9 by the Assistant Secretary, State Transport Authority, Madhya Pradesh, on 7-4-1988, those have been impugned on the writ side, in this Court, by the petitioner, as illegal and without jurisdiction. The permit aforesaid is for an inter-State route, Raipur-Indore, via Soyat, Susner, Agar. Ghosla, Ujjain, with corridor restriction as to picking up or setting down passengers between the portion Raipur-Chavli.2. The permit, it may be noted, was issued on a direction made by the State TransportAppellate Tribunal, Rajasthan vide order passed us per Annexure P/2, on 4-2-1988. However, as per Clause 15 o...
Tag this Judgment!P.N. Dubey Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Nov-17-1988
Reported in: AIR1989MP225
C.P. Sen, J. 1. This is a public interest litigation seeking action against the respondent 4 for various alleged acts of omissions, commissions and also misdeeds of corruption while he was acting as a public servant and also to disqualify him as a member of the Rajya Sabha.2. The petitioner is a practising lawyer in the Madhya Pradesh High Court at Jabalpur. He claims that he has no political leaning but he ardently believes in condemnation of nepotism, corruption, profiteering, exploitation of helpless citizens and misuse of public money. According to him, of late there has been marked fall in moral values, increase in corruption and misuse of power by the public servants and politicians. The respondent 4 Shri Ajit Jogi was an I.A.S. Officer and has served as Collector, Sidhi, in the year 1977-78 and he came in contact with Shri Arjun Singh who later became the Chief Minister of the State. Shri Jogi helped in matters of loan recoveries and tax collections. Thereafter, he was posted as...
Tag this Judgment!Rajendrakumar and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-04-1988
Reported in: 1989CriLJ554; 1989MPLJ106
K.L Shrivastava, J.1. This is an application dt. 2-9-88 under Section 482, Cr. P.C. 1973 (for short 'the Code') for quashing the proceedings in Criminal Case No. 182 of 1981 under Sections 147 and 323, IPC pending in the Court of Judicial Magistrate First Class Indore.2. The application has been made on the ground that the aforesaid criminal case was filed in the year 1978 and during all these years not a single witness for the prosecution has been examined though the learned trial Court had been issuing warnings and instructions for production of evidence.3. The submission of the petitioner's learned Counsel is that the pendency of a criminal case against a person involves curtailment of his liberty and delay in the trial of the case unless it is occasioned due to the fault of the accused or due to exceptional reasons, has to be characterised as violative of Article 21 of the Constitution of India which guarantees speedy trial. It is contended that in the circumstances of the case it ...
Tag this Judgment!Jharulal and anr. Vs. Addl. Motor Accidents Claims Tribunal and Two or ...
Court: Madhya Pradesh
Decided on: Nov-04-1988
Reported in: 1(1989)ACC178
S. Awasthy, J.1. The petitioners herein laid a claim for compensation on account of the death of their son in an accident arising out of the use of motor vehicle by respondent No. 1. An application under Section 92A of the Motor Vehicles Act was filed and respondent No. 2 was directed to deposit Rs. 15,000-00 with interest from the date of filing of the application, but the Accidents Claims Tribunal ordered that the amount so deposited shall be put in fixed deposit of a Scheduled Bank for a period of 10 years. It is submitted by the applicants that the learned Presiding Judge of the Tribunal committed an error in directing the deposit of the amount in bank.2. After having heard learned Counsel for the applicants, I am of the view that the learned Presiding Judge acted beyond his jurisdiction to order the deposit of the amount in bank. The amount had become payable to the applicants and the Presiding Judge could not have directed the payment to him by ordering such a deposit in bank.3. ...
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