Madhya Pradesh Court August 1988 Judgments
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Commissioner of Income-tax Vs. Vithal Textiles
Court: Madhya Pradesh
Decided on: Aug-10-1988
Reported in: (1988)73CTR(MP)49; [1989]175ITR629(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'), theIncome-tax Appellate Tribunal, Indore Bench, Indore, 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 Commissioner of Income-tax had no jurisdiction to revise under Section 263 of the Income-tax Act, 1961, an assessment order passed by the Income-tax Officer in accordance with the directions issued to him by the Inspecting Assistant Commissioner of Income-tax under Section 144B of the Income-tax Act, 1961 ?'2. The material facts giving rise to this reference, briefly, are as follows :While framing the assessment of the assessee for the assessment year 1978-79 for which the assessee had filed a return declaring an income of Rs. 53,226, the Income-tax Officer proposed to make additions exceeding Rs. 1,00,000 to the income decla...
Commissioner of Income-tax Vs. Dulichand Bhatia
Court: Madhya Pradesh
Decided on: Aug-10-1988
Reported in: [1989]175ITR634(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, Indore Bench, Indore, 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 Commissioner of Income-tax had no jurisdiction to revise under Section 263 of the Income-tax Act, 1961, an assessment order passed by the Income-tax Officer in accordance with the directions issued to him by the Inspecting Assistant Commissioner of Income-tax under Section 144B of the Income-tax Act, 1961 ?'2. The material facts giving rise to this reference, briefly, are as follows :While framing the assessment of the assessee for the assessment year 1978-79 for which the assessee had filed a return disclosing an income of Rs. 1,71,060, the Income-tax Officer proposed to make an addition exceeding Rs. 1,00,000. The Income-t...
State of Madhya Pradesh Vs. Chintaman and ors.
Court: Madhya Pradesh
Decided on: Aug-10-1988
Reported in: 1989CriLJ163
ORDERR.C. Lahoti, J.1. In Sessions Trial No. 16/85, the Sessions Judge Bhind held the non-applicants guilty of offences punishable under Sections 326/149, 323/149 and 148 I.P.C. and sentenced to various terms of imprisonment the longest being five years' rigorous imprisonment. They preferred an appeal. Vide order dated 13-1-87 passed in Criminal Appeal No. 281/86 this Court directed the execution of the sentences of imprisonment to be suspended under Section 389(1), Cr. P.C. subject to their furnishing personal bonds in the sum of Rs. 10,000/- each with one solvent surety in the like amount. The non-applicants/appellants furnished bail bonds and are thus at liberty pending appeal.2. On 9-9-87, an application under Section 439(2) read with Section 482, Cr. P.C. has been filed by the State under instructions of the Law Department praying for cancellation of the bail and for further direction committing the accused/appellants to custody pending appeal on the ground that subsequent to bein...
United India Fire and General Insurance Company Ltd. Vs. Natvarlal and ...
Court: Madhya Pradesh
Decided on: Aug-10-1988
Reported in: 1(1989)ACC9
G.G. Sohani, Ag. C.J.1.This full Bench has been constituted on a reference made by a learned Single Judge of this Court to decide the following questions of law:(1) Whether, in a claim case for compensation exceeding the minimum statutory limit, as prescribed Under Section 95 of the Motor Vehicles Act, the claimant cannot be awarded a sum higher than the said minimum statutory limit against the Insurance Company unless he pleads and proves that the insurer provided in the contract of insurance for a sum higher than that fixed Under Section 95(2)(b)?(2) Whether the Tribunal can award against the Insurance Company a compensation amount in excess of the minimum statutory limit, as provided Under Section 95 of the Motor Vehicles Act when neither the claimant nor the insurer has pleaded or proved the terms and conditions of the Insurance policy?2. The material facts giving rise to this reference, briefly, are as follows:Respondent No. 1, who was travelling in a passenger bus owned by respon...
Oriental Fire and General Insurance Company Ltd. Vs. Promila and ors.
Court: Madhya Pradesh
Decided on: Aug-10-1988
Reported in: II(1989)ACC96
T.D. Mulye, J.1. This judgment shall also govern the disposal of M.A. No. 203 of 81 Oriental Fire and General Insurance Co. Ltd. v. Sardarmal, M.A. No. 212 of 81 Smt. Pramila and two Ors. v. Yusuf and 3 Ors. M.A. No. 211 of 81 Sardarmal v. Yusuf and 3 Ors. and C.R. No. 836 of 1981 Oriental Fire and General Insurance Co. Ltd. v. Narendra Kumar and 3 others as all these appeals and revision, arise out of the one and the same accident on account of which the claimants had filed claim petitions under Section 110-A of the Motor Vehicles Act and after recording common evidence in all these cases, the same have been disposed of by the first Addl. Motor Accidents claims Tribunal, Indore.2. M.A. No. 202 of 81 has been filed by the Insurance company against an award dated 9th May, 1981 passed in claim Case No. 97 of 78, whereby the claimants have been awarded a compensation of Rs. 21,000/- with cost and interest at the rate of 6 per cent per annum from the date of the filing of the claim petitio...
Mohammad Irshad Vs. Samrathsingh and ors.
Court: Madhya Pradesh
Decided on: Aug-09-1988
Reported in: AIR1989MP246
R.K. Varma. J.1. This is an appeal filed by the claimant-injured against the award dated 8-7-1986 made by the First Addl. Motor Accidents Claims Tribunal. Indore in Claim Case No. 88. No whereby the learned Tribunal has awarded a total compensation of Rs. 10,650/- together with interest @ 12% per annum from 1-5-1980, the date of the claim petition till realisation.2. The material facts giving rise to this appeal, briefly staled, are as follows :--On 14-11-1979, at about 9.00 p.m. while the claimant who is aged 16 years, was going on a bicycle from Palasia-chouraha towards Regal Talkies on M. G. Road. Indore, a motorcycle bearing registration No. CPF 5941 belonging to the respondent No. 1 and being driven by respondent No. 2 rashly and negligently dashed against the claimant's bicycle with the result that the claimant was thrown away sustaining injuries on the head, body and limbs and fell unconscious. The claimant-injured was admitted in the M. Y. Hospital for treatment during the peri...
Jularam Verma and ors. Vs. Harbanslal Chhabra and ors.
Court: Madhya Pradesh
Decided on: Aug-09-1988
Reported in: 1(1989)ACC104
P.C. Pathak, J.1. This second appeal by the plaintiffs was admitted on the following substantial question of law:Whether irrespective of the fact that defendants 1 and 2 were not the owners of the truck, they are liable for the damages under the Carriers of Goods Act ?2. Facts relevant for decision of the question in the appeal are that the plaintiffs entrusted 60 bags of grains to the respondents for transportation from Baiji in Tahsil Remetara to Raipur. It was alleged that respondents No. 1 and 2, father and son, constitute a joint Hindu family and carry on transport business. Therefore, their truck MPS 6481, nominally recorded in the name of respondent No. 2, while respondent No. 3 was in their employment as driver. They charged Rs. 180/- at the rate of 3 per bag as hire charges. It is alleged that on way, while crossing the bridge over river near Simga, the truck dashed against railings of the bridge and fell into the river. The plaintiffs also suffered injuries Three or four days...
Shankarlal Prithviraj Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-06-1988
Reported in: [1989]175ITR299(MP)
G.G. Sohani, Actg. C.J.1. By this reference under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Indore Bench, Indore, 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 upholding the cancellation of registration granted to the assessee for the assessment years 1975-76, 1976-77, 1977-78 and 1978-79 for breach of the M. P. Excise Rules ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in upholding the refusal of registration to the assessee-firm for the assessment years 1979-80 and 1980-81 for breach of the M. P. Excise Rules ?(3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in rejecting the assessee's contention that Shankarlal/ Kamlabai did not actually participate in the carrying out of the privilege granted under the liquor l...
Doshi Vastralaya Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-06-1988
Reported in: [1989]175ITR309(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 application, briefly, are as follows :For the assessment year 1979-80, the assessee, which is a partnership firm, submitted an application for registration of the firm under the provisions of the Act. The Income-tax Officer found from the account books of the assessee that profits had not been distributed between the two partners in accordance with the provisions of the partnership deed. The Income-tax Officer, therefore, refused registration. On appeal, the order passed by the Income-tax Officer was affirmed. On further appeal, the Tribunal held that the assessee-firm was not genuine as the profits of the assessee-firm were not divided in accordance with the terms of the partnership deed. In this view of the matter, the Tribunal dismissed the appeal. Aggrieved by the order passed by the Tribunal, the assessee...
Narayan Singh Vs. Arjun Das Gupta
Court: Madhya Pradesh
Decided on: Aug-06-1988
Reported in: 1990(0)MPLJ529
Gulab C. Gupta, J.1. This is plaintiffs appeal under section 100, Civil Procedure Code against the judgment and decree dated 6th July, 1983 passed by Shri K. S. Shrivastava, District Judge, Satna in Civil Appeal No. 38-A of 1982 reversing the judgment and decree of eviction of the respondent/tenant from the suit house dated 6-9-1982 passed by Civil Judge, Class II, Nagod in Civil Suit No. 20-A/77.2. It is not in dispute that the appellant is the landlord and owner of the suit house in occupation of the respondent as tenant thereof on a monthly rent of Rs. 15/- only. The appellant instituted the suit for eviction of the respondent on the ground that he was in arrears of rent, which he has not paid in spite of notice; the suit house was required bona fide for the business requirement of his son Rajendra Singh and also on the ground that the respondent has carried alterations in the suit house without his permission. The respondent resisted the suit and submitted that he has paid the rent...
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