Madhya Pradesh Court December 1988 Judgments
Premnarayan Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-31-1988
Reported in: 1989CriLJ707
R.C. Lahoti, J.1. The accused/appellant has been held guilty of an offence punishable under Sections 376/511 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years with a fine of Rs. 500/- and further rigorous imprisonment for 3 months, in default of payment of fine. An amount of Rs. 400/-, out of the fine realised, has been directed to be paid as compensation to Suman Bai the prosecutrix. 2. Savitri Bai (P.W. 2) is the widow of Sukhnandan. Suman, who was aged about 9 yearns at the time of the incident, is her daughter. Sukhnandan was alive at the time of the incident, but died during the trial and could not be examined as a witness. Sukhnandan used to run a flour-mill at the outskirts of the village and near the fields. It is alleged that on 26-8-81 at about 5 p.m., Suman went to the flour-mill to relieve her father Sukhnandan so as to enable him taking his meals. Sukhnandan went home, leaving Suman alone at the flour-mill, for keeping a watch. The accuse...
Tag this Judgment!Shersingh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-16-1988
Reported in: 1989CriLJ632; 1989MPLJ116
C.P. Sen, Ag. C.J.1. The applicant who is undergoing sentences in two different cases has sent a petition from jail to make the sentences passed in those two cases to run concurrently by invoking inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973. In view of the conflicting decisions as to whether the inherent powers can be invoked under Section 482 when there is a specific provision under Section 427(1) of the Code, the learned single Judge has referred the following questions for decision by Full Bench:(i) Whether the law laid down in A. S. Naidu's case 1975 Cri LJ 498 (Madh Pra), still holds good ?(ii) Whether the High Court can entertain application under Section 427, Cr. P.C.?(a) from accused who, while undergoing sentence of imprisonment was sentenced on subsequent conviction to the imprisonment and whose appeal/revision against the subsequent sentence stood disposed of without any direction under Section 427, Cr. P.C.?(b) from accused who, wh...
Tag this Judgment!Gwalior Rayon Silk Mfg. Co. Ltd. and anr. Vs. Tejnath
Court: Madhya Pradesh
Decided on: Dec-08-1988
Reported in: AIR1989MP205; 1989MPLJ741
R.K. Varma, J.1. This is a second appeal filed by the appellant-plaintiff a registered Company, against the judgment and decree dt. 30-4-85 passed by the learned District Judge, Ujjain in Civil Appeal No. 26-A/83 arising out of the judgment and decree dt. 19-9-83 passed by the learned Civil Judge Class 1, Khachrod in C. C. No. 85-A/82.2. The facts giving rise to this appeal, briefly stated, are as follows -The respondent was an employee of the appellant-plaintiff-Company and was required to serve in the plaintiff's guest-house. He was provided with a quarter for his residence, as a term of his employment and was exempted from payment of rent because of his employment in connection with the guesthouse as an attendant therein. The services of the respondent were terminated w.e.f. 4-12-1979 and he was given a notice to vacate the quarter which is the suit accommodation. The notice sought to terminate his tenancy w.e.f. 30-12-1980. Since the respondent did not vacate the premises, the appe...
Tag this Judgment!Commissioner of Wealth-tax Vs. Meghji Girdharilal
Court: Madhya Pradesh
Decided on: Dec-08-1988
Reported in: [1989]177ITR294(MP)
S.K. Dubey, J. 1. The Commissioner of Wealth-tax, Madhya Pradesh, Bhopal, has preferred this application under Section 29 of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), for granting a certificate for leave for filing an appeal before the Supreme Court against the judgment delivered by this court in CWT v. Meghaji Girdharilal (Misc. Civil Case No. 179/1984) decided on 22-7-1985 : [1989]177ITR297(MP) . The application under Section 29(1) of the Act filed by the applicant is barred by 27 days. Initially, no application was filed by the applicant to condone the delay. When the matter came up for hearing on admission, the applicant prayed for time. Ultimately, an application I. A. No. 275/1986 was filed on January 16, 1986, which was supported by an affidavit of the upper division clerk in the office of the Commissioner of Wealth-tax, Madhya Pradesh, Bhopal. The matter came before this court for hearing on August 21, 1987. After hearing counsel, this court directed the ...
Tag this Judgment!Commissioner of Income-tax Vs. Bharatchandra Bhanjdev
Court: Madhya Pradesh
Decided on: Dec-08-1988
Reported in: [1989]176ITR380(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, Nagpur 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 justified in holding that the entire income from the palace of the assessee who is the former Ruler of Bastar is exempt from income-tax ?'2. The material facts giving rise to this reference, briefly, are as follows : The assessee is an ex-Ruler of Bastar. In the course of the assessment proceedings for the assessment year 1977-78, the assessee contended that his palace at Jagdalpur was recognised as official residence and that its rental value was, therefore, exempt under the Act. This contention was rejected by the Income-tax Officer. The appeal preferred by the asscssee before the Appellate Assistant Commissioner was dismissed. The second appeal preferred ...
Tag this Judgment!Commissioner of Income-tax Vs. Babulal Jain
Court: Madhya Pradesh
Decided on: Dec-08-1988
Reported in: [1989]176ITR411(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, Nagpur 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 justified in dismissing the departmental appeal holding that the case is fully covered by the provisions of the Income-tax Rules, 1962, Rule 46A(1)(d) ?'2. The material facts giving rise to this reference, briefly, are as follows : While framing the assessment of the assessee for the assessment years 1977-78 and 1978-79, the Income-tax Officer made certain additions to the income returned by the assessee. On appeal, the Appellate Assistant Commissioner allowed the assessee to adduce evidence relating to the additions made by the Income-tax Officer. After appreciating the entire material on record, the Appellate Assistant Commissioner deleted the additions i...
Tag this Judgment!Raghuvir S/O. Bhanwarlalji Pandya Vs. Industrial Court of M.P. and ors ...
Court: Madhya Pradesh
Decided on: Dec-08-1988
Reported in: (1993)IIILLJ561MP; 1989MPLJ137
ORDERS.K. Dubey, J. 1. The petitioner, an employee of the M.P. State Road Transport Corporation who was employed as a Conductor on permanent post and was on duty on 18-5-1979 at Indore=Hatod route, was found carrying 58 passengers in the vehicle out of whom, 35 passengers were in possession of tickets but the remaining 23 passengers had no ticket with them. However, a bunch of 23 tickets was given to one of the said passengers. The Flying Squad of the Corporation checked the vehicle and found that in the trip-sheet, the entries of the tickets were made but due to inadvertence the tickets to the passengers though issued were in reverse order, i.e. from Hatod to Indore. The Flying Squad issued correct tickets to the passengers and made a remark over the trip sheet. After considering the report of Flying Squad the services of the petitioner were terminated vide order dated 20-5-1979. The petitioner aggrieved of his termination, filed an application under Section 31(3) of the M.P. Industri...
Tag this Judgment!Commissioner of Income-tax Vs. K. AminuddIn and Sons
Court: Madhya Pradesh
Decided on: Dec-07-1988
Reported in: [1989]177ITR417(MP)
G.G. Sohani, Actg. C.J. 1. This is an application under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').2. The material facts giving rise to this reference, briefly, are as follows : The assessee carries on the business of manufacture and sale of beedis. While framing the assessment for the assessment year 1976-77, the Income-tax Officer disallowed the claim made by the assessee for deduction of a sum of Rs. 61,642 for holiday wages and leave with wages under the provisions of Sections 21, 26 and 27 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966. The Income-tax Officer held that as no actual payment in that behalf was made by the assessee, the claim of the assessee in that behalf was liable to be disallowed. The appeal preferred by the assessee was dismissed. On further appeal before the Tribunal, the Tribunal allowed the appeal and directed that the liability of Rs. 61,642 should be considered as ascertained liability for the purp...
Tag this Judgment!Rambabu Sharma Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-06-1988
Reported in: AIR1989MP261
ORDER1. Heard counsel. This order shall govern disposal of M.P. Nos. 260 and 272 of 1988. Petitioners arc advocates of this Court, who have made a common grievance against the State as well as the District Excise Officer and the Collector, Gwalior. 2. We do not doubt that the grievance has a constitutional complexion in that the petitioner is entitled to invoke the provisions of Articles 21 and 23 of the Constitution to complain that for the services rendered, even agreed recompense is denied to each of them. In both cases, the material document on which claim is based is the letter dt. 24-5-1986 addressed by the Under Secretary to Government of Madhya Pradesh, Separate Revenue Department to the Excise Commissioner, M.P., Gwalior. By that letter, appointment of advocates for conductingcases on behalf of the Department was contemplated and fees for services to be rendered by them was fixed at the rate of Rs. 25/- per case. That much is admitted. What is only disputed is the meaning to b...
Tag this Judgment!M.P. State Road Transport Corporation Vs. Iman Singh and anr.
Court: Madhya Pradesh
Decided on: Dec-02-1988
Reported in: I(1988)ACC503
B.M. Lal, J.1. Claimant Iman Singh brought an action before the Motor Accidents Claims Tribunal Seoni (in short the Tribunal) claiming a sum of Rs 2 lakhs for the injuries he suffered as a result of the accident which occurred on 11-5-1981 near Chhindwara Naka at Seoni.2. According to the claimant on 11-5-1981 at about 7.00 p.m. he was going on a bicycle from Seoni to Nampur when the appellant's bus bearing registration No. CPH 8733 came from the opposite direction and dashed him and be fell down on the metalled portion of the road on his left side. At the relevant time, Abdul Kayuum was the driver of the said bus and, it is alleged that, the vehicle was driven rashly and negligently.3. Owing to the accident, the claimant sustained multiple injuries on his person including compound fracture of the left femur, and he had to be admitted in the Victoria Hospital Jabalpur for about 2-1/2 months. Or. R.N. Gupta (PW-3) has deposed about the injuries and AW 22, Kashiratn has established negli...
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