Madhya Pradesh Court June 1988 Judgments
Gyanendra Prakash Bageshwar Prasad Mishra Vs. Indore Development Autho ...
Court: Madhya Pradesh
Decided on: Jun-30-1988
Reported in: AIR1989MP38
P.D. Mulye, J.1. By this petition, filed under Article 226 of the Constitution of India, the petitioner has prayed that the respondents be directed to allot to the petitioner, plot No. 102 in Scheme No. 47 at the rate of Rs. 6/-per square feet on the terms and conditions stated in the letter of allotment dated 3-4-1978 and to quash the inflated demand at the rate of Rs. 50/- per square feet, made by the respondents (Annexure M) dt. 20-12-1984 in respect of the said plot.2. The facts of this case, being npt in dispute, may be stated, in brief, thus : The petitioner, who is a resident of Indore and in the employment of the Life Insurance Corporation of India, had on 19-12-1975 applied for allotment of a plot of land in Scheme No. 47. On the same day he deposited Rs. 1000/- whereupon he was given registration number as 101. Under the said scheme of allotment, a plot admeasuring 40 x 60 or 50 x 60 was to have been allotted to him at the rate of Rs. 6/- per square feet, on the first come fi...
Tag this Judgment!Karuram and ors. Vs. Omprakash and ors.
Court: Madhya Pradesh
Decided on: Jun-30-1988
Reported in: AIR1989MP105
1. This appeal under Section 110-D of the Motor Vehicles Act 1939 (for short 'the Act') is directed against the award dt. 30-7-83 made by the Member, Motor Accidents Claims Tribunal, Mandsaur (for short 'the Tribunal') in Claim Case No. 22 of 1979.2. The appellant Karuram who is the husband of the victim Nandibai and their three sons, one of them Parasram then a minor aged 12 years filed a claim petitioner on 2-7-79 against the driver, the owner and the insurer of the vehicle claiming Rs. 51,500/-as compensation alleging that the accident was occasioned due to the negligence of the driver of the truck and that Nandibai and the young one of a buffalo died as a result thereof.3. The respondents contested the claim. According to the driver, the accident was occasioned by a police jeep and he has been falsely involved. The quantum of compensation was also assailed.4. On the material placed by the parties, on record, the learned Tribunal has held that, the accident was due to negligence and...
Tag this Judgment!Commissioner of Wealth-tax Vs. H. H. Maharani Sharimisthadevi Holkar.
Court: Madhya Pradesh
Decided on: Jun-30-1988
Reported in: (1988)74CTR(MP)88; [1988]174ITR459(MP); [1988]40TAXMAN113(MP)
INDORE BENCHThe judgment of the court was deliverd byP. D. MULYE J. - The Commissioner of Wealth-tax, Bhopal, has filed this application under section 27(3) of the Wealth-tax Act, 1957, with a prayer that the Income-tax Appellate Tribunal be directed to refer the following question of law to this court for its opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal is justified in deleting from the taxable wealth of the assessee, the sum of Rs. 55,300 which represents the life interest of the assessee in the Lal Bagh Palace by holding that personal right of residence did not constitute either an asset under section 2(e) of the Act or net wealth under section 2(m) of the Wealth-tax Act, 1957 ?'The statement of facts as received may be stated in brief as under : The assessee is the widow of late His Highness Maharaja Tukojirao Holkar. The assessee obtained a right of residence along with her husband in the Lal Bagh Palace, Indore, by letter dated January 6, 195...
Tag this Judgment!Ambaram Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-30-1988
Reported in: 1989CriLJ199; 1989MPLJ583
V.D. Gyani, J.1. The appellant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment. He was charged and tried along with three others (since acquitted) for an offence punishable under Section 302/34 IPC, but convicted under Section 302 I.P.C. vide judgment dated 6-2-1985 passed by the Third Additional Sessions Judge, Ujjain in Sessions Trial No. 162 of 1985. 2. Short facts of the case are; that on 4-8-1984 around 7 p.m., the appellant along with co-accused committed murder of one Gangaram. According to the prosecution case certain portion of pasture land in village Kukri was encroached upon by the accused The villagers had, therefore, assembled on the otla of the temple around 12 a.m. to prepare a petition for removal of said encroachment. When Gangaram and Bhagirath, who are brothers, were signing the petition, the accused abused them and threatened them with dire consequences in case any one signed it. It was for this reason that Bhagirath, who was also...
Tag this Judgment!Shivsahay Vs. Nandlal and ors.
Court: Madhya Pradesh
Decided on: Jun-28-1988
Reported in: AIR1989MP40
ORDERS. K. Dubey, J.1. Aggrieved by the order dt. 4-4-84, in Civil Suit No. 9B/81, passed by the Additional Judge to the Court of Distt. Judge, Mandsaur/Neemuch, whereby the prayer of the plaintiff/applicant for examination of himself and one witness, and for amendment in relief clause against defendant No. 4 was disallowed, the plaintiff has presented this revision.2. The plaintiff filed a suit for recovery of Rs. 18,993/- on 2-4-1976 against the defendants, but in relief clause the decree was prayed against the defendants 1 to 3 only. The defendants 1 to 4, denied the claim of the plaintiff and the suit is being contested on various grounds. On 11-11-1982, as the plaintiff was ill and was admitted in hospital at Jaipur, son of the plaintiff examined himself and closed the evidence. The defendants 1 to 3 also produced their evidence and therefore, the case was posted for arguments on 4-4-84.3. On 4-4-1984, the plaintiff filed two applications one Under Order 18, Rule 17 Civil P. C., f...
Tag this Judgment!Sushil Kumar Vs. Laxman and anr.
Court: Madhya Pradesh
Decided on: Jun-28-1988
Reported in: 1(1989)ACC214
S.K. Dubey, J.1. The appellant Sushil Kumar has preferred this appeal Under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') against the award dated 14-2-79 passed in Claim Case No. 41 of 1977 passed by the Motor Accident Claims Tribunal, Ujjain, whereby an amount of Rs. 12,500/- was awarded to respondent No. 1 as compensation with interest at the rate of 6% per annum from the date of the petition, i.e. 31-7-76 till the date of payment.2. The claimant-respondent No. 1 is an employee of Vinld Mills, when he was going to his residence from the Vinld Mills on 3-2-76 at about 3.45 P.M., the appellant, who was driving the scooter MP1 753, rashly, negligently and with excessive speed, dashed the claimant-respondent No. 1 from behind, as a result of which the claimant fell down and sustained fracture of the femur bone. The claimant filed an application Under Section 110-A of the Act impleading the appellant and one Ashok Kumar, who is paid to have been the ...
Tag this Judgment!Shanker Lal Agrawal Vs. Kanhaiyalal and 4 ors.
Court: Madhya Pradesh
Decided on: Jun-27-1988
Reported in: II(1989)ACC118
ORDER1. This appeal is by the owner of the truck under Section 30 of the Workmen's Compensation Act against the order dated 5-3-1987, passed by the Commissioner, Workmen Bilaspur, whereby exonerating the New India Insurance Co., Bilaspur, from the liability, passed an award for an amount of Rs. 21,000/- towards compensation, and the penalty of Rs. 10,000/- with interest @ Rs. 6% P.A., against the owner of the truck, where the deceased Krishna as working.2. In short, the case is that the deceased Krishna, who was an employee of the appellant Shankerlal, died on 13-3-84 on account of the accident of the truck, bearing registration No. MPL 4587.3. Immediately after the accident, the respondents No. 1 to 3, who are the legal heirs of late Krishna, moved an application under Section 10 of the Workmen's Compensation Act (hereinafter referred to as the Act) before the Commissioner, Workmen's Compensation (Labour Court) Bilaspur, claiming compensation against the owner of the truck Shankerlal ...
Tag this Judgment!Kirodimal Agrawal Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jun-24-1988
Reported in: 1989CriLJ1344; 1988MPLJ600
Y.B. Suryavanshi, J.1. The orders passed in this Misc. Petition No. 2875/83 would also govern the disposal of M.C.C. No. 7 of 1987 (Kirodimal Agarwal v. Shri M.S. Tiwari and another) since the contempt matter arises out of the main petition.2. The petitioner, allegedly a forest contractor by profession and owner of a saw mill at Kharsia, has challenged the seizure and orders of confiscation of 107 loge of wood, purportedly passed in exercise of powers Under Section 19(1)(b) of the M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 (for short called 'the Adhiniyam') in respect of the alleged contravention of the provisions of Sections 5(1), 11(1) of the Adhiniyam r/w Rule 4(1), (3), (4) of the M.P. Van Upaj (Vyapar Viniyaman) Kastha Niyam, 1973. Initially, truck No. CPL 687 belonging to the petitioner was seized and was also confiscated but subsequently, the respondent No. 2 had withdrawn the order of confiscation of the truck in question and the same was already released by the orders of...
Tag this Judgment!Commissioner of Income-tax Vs. Ganesh Soap Works.
Court: Madhya Pradesh
Decided on: Jun-22-1988
Reported in: [1988]174ITR422(MP)
G. G. SOHANI, ACTG. C.J. - This is an application under section 256 (2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').The material facts giving rise to this application, briefly, are as follows : while framing the assessment of the assessee for the assessment year 1977-78, the Income-tax Officer disallowed the claim of the assessee for a sum of Rs. 54,861 on account of commission charges paid to Ganesh Sales Agency whose proprietor was the wife of one of the partners of the assessee-firm. The Income-tax Officer found that the payment of commission to the wife of one of the partners of the assessee-firm was fictitious. On appeal, the Commissioner of Income-tax (Appeals) affirmed the order passed by the Income-tax Officer in this behalf and held that no part of the commission paid by the assessee to Ganesh Sales Agency could be allowed as a deductible business expenditure. On further appeal before the Tribunal, the Tribunal affirmed the finding that the payment of co...
Tag this Judgment!Devji and ors. Vs. Anwarkhan and ors.
Court: Madhya Pradesh
Decided on: Jun-21-1988
Reported in: I(1989)ACC445; AIR1989MP101; 1989MPLJ11
S.K. Dube, J.1. Poor parents, brothers and sisters of the young deceased Ratanlal, aged 22 years, who died in a motor accident on 19-1-1977 by motor bus No. MPU 5039 owned by respondent 1, i.e. Anwar Khan, driven by respondent 2 Prabhusingh and insured at the relevant time, with respondent 4, the New India Assurance Company Limited, claimed compensation of Rs. 30,000/- by filing an application under Section 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act''). The respondent-non-applicants denied the allegations. After appreciation of the evidence, the learned Tribunal held that the accident occurred due to rash and negligent driving of the driver of the vehicle and held that the driver, the owner and the insurer are liable to pay compensation.2. The learned Tribunal, strangely enough, awarded the compensation for the death of a 22 years' young and an earning member, only Rs. 4,200/- to the claimants after observing that the widow of the deceased has been remar...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »