Madhya Pradesh Court August 1988 Judgments
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Rachna Vs. Madhya Pradesh State Road Trans. Corpn.
Court: Madhya Pradesh
Decided on: Aug-04-1988
Reported in: II(1988)ACC595; 1990ACJ918
R.K. Varma, J. 1. This is an appeal filed by the appellant-claimant against the award dated 5.5.1984 passed by the Motor Accidents Claims Tribunal, Ujjain in Claim Case No. 10 of 1982 whereby the learned Tribunal has dismissed the claim petition of the appellant-claimant.2. The facts giving rise to this appeal, briefly stated, are as follows:On 17.6.1982 the deceased Vinayak Majumdar had gone from Mahidpur to Ujjain in connection with official work in government jeep bearing registration No. MPZ 6780 which was driven by driver Prakash Chandra Dube and after completing the official work while he was returning to Mahidpur in the said jeep, one bus bearing registration No. MPK 5063 belonging to the M.P.S.R.T.C, being driven by the driver Inayat Khan, respondent No. 2, came from the opposite direction and collided with the said jeep at about 6.00 p.m. near Ashok Talkies, Madhav Nagar, Ujjain with the result that deceased Vinayak Majumdar was badly injured and became unconscious on the spot...
Bhanwarlal Ramswaroop Goyal Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Aug-04-1988
Reported in: [1989]72STC340(MP)
ORDERR.K. Verma, J.1. The applicant-assessee is a partnership firm carrying on business in grains, oil-seeds, pulses, etc. and is a dealer registered under the Madhya Pradesh General Sales Tax Act. The applicant-assessee has made this application under Section 44(2) of the Madhya Pradesh General Sales Tax Act (hereinafter referred to as 'the Act') praying that the learned Tribunal be required to make a reference of the questions numbering six, as stated in the application and reproduced hereunder :1. Whether, on the facts and circumstances of the case, the Board of Revenue was justified in law in confirming the rejection of the tax-paid claim by Rs. 7,50,000 ?2. Whether, on the facts and in the circumstances of the case, the Board of Revenue was justified in law in not considering the original bills of tax-paid purchases made by the petitioner and were duly recorded in the regular books of accounts and in rejecting the tax-paid claim by Rs. 7,50,000 ?3. Whether, on the facts and circum...
M.P. State Road Tranport Corporation Vs. Dr. Kashi Prashad Yadav and a ...
Court: Madhya Pradesh
Decided on: Aug-04-1988
Reported in: II(1989)ACC183
B.C. Varma, J.1. This appeal under Section 110-D of the Motor Vehicles Act has been filed by the Madhya Pradesh State Road Transport Corporation challenging the award made by the Motor Accidents claims Tribunal, Bhopal. Respondent Dr. Kashi Prasad Yadav has also filed cross objection for enhancement of the compensation so awarded. This order shall dispose of appeal as also the cross-objection.2. Facts are that on 12-9-1977 at about 3-45 P.M. Dr. Yadav sitting on the pillion of a scooter driven by his colleague Dr. Suresh Naik emerged from General Post Office, Bhopal. While entering the road and before negotiating the curve ahead on the Sultania Road, it dashed against passenger bus No. M.P.V. 8039, belonging to the appellant Corporation and driven by respondent Mohammad Asgar Ali who was employed in the appellant Corporation. At the relevant time Mohammad Asgar Ali was employed as a mechanic but was not a regular driver. As a result of the impact, Dr. Yadav and Dr. Nair were thrown awa...
Nihalkaran Vs. Commissioner of Wealth-tax
Court: Madhya Pradesh
Decided on: Aug-03-1988
Reported in: [1999]175ITR14(MP); 1987MPLJ56
G.G. Sohani, Actg. C.J.1. This is an application under Section 27(3) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act').2. The material facts giving rise to this application briefly are as follows : The assessments of the assessee under the Act for the assessment years 1957-58 to 1974-75 were completed on March 27, 1979. Aggrieved by that order, the assessee preferred appeals before the Commissioner of Wealth-tax (Appeals) who held that the orders of assessment were passed in haste and that in the absence of essential data, it was not possible for him to decide the points raised in the appeals. In this view of the matter, the Commissioner of Wealth-tax (Appeals) set aside the orders of assessment and directed the Wealth-tax Officer to make fresh assessments in accordance with the law and in the light of the directions contained in his order. Aggrieved by the order passed by the Commissioner of Wealth-tax (Appeals), the assessee preferred appeals before the Tribunal. It ...
Commissioner of Wealth-tax Vs. Smt. Pramilabai
Court: Madhya Pradesh
Decided on: Aug-03-1988
Reported in: [1989]175ITR11(MP)
G.G. Sohani, Actg. C.J.1. By this reference under Section 27(1) of the Wealth-tax Act, 1957 (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 justified in holding that the lottery ticket in question had no fair market value as on March 31, 1977 ?'2. The material facts giving rise to this reference, briefly, are as follows :3. The assessee won the first prize at the 90th main draw of the M. P. State Lottery held on March 15, 1977, and won a prize of Rs. 12,00,000. After deduction of commission charges and, the amount of tax, the prize money amounting to Rs. 7,23,600 was received by the assessee on June 7, 1977. In proceedings for the assessment of the assessee under the Act for the assessment year 1977-78, it was contended on behalf of the assessee that on March 31, 1977, the ticket held by ...
Chandanmal Vs. Commissioner of Income-tax.
Court: Madhya Pradesh
Decided on: Aug-03-1988
Reported in: (1988)73CTR(MP)197; [1988]174ITR731(MP)
INDORE BENCHG. G. SOHANI, ACTG. C.J. - 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, 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 sum of Rs. 3,028 earned by the minor on the capital invested by him in the partnership firm to the benefits of which he has been admitted is income which arises to the minor from his admission to the benefits of a partnership firm and was rightly included in the income of the assessee under section 64(1)(iii) of the Income-tax Act, 1961 ?'The material facts giving rise to this reference, briefly, are as follows :While framing the assessment of the assessee for the assessment year 1976-77, the Income-tax Officer held that as the minor son of the assessee was admitted to the benefits of the partnership firm, Chandan Trad...
New India Assurance Co. Ltd. Vs. Nanak Chand Ben and ors.
Court: Madhya Pradesh
Decided on: Aug-03-1988
Reported in: 1(1989)ACC38
G.C. Gupta, J.1. This order shall also govern the disposal of Misc. Appeal No. 406 of 83 The New India Assurance Co. Ltd. AP-1987-027 Ram Prasad Sahu and Ors. which arises out of the same impugned award and involves similar questions of fact and law for consideration.2. The present appeal, Under Section 110-D of the Motor Vehicles Act is directed against the Award, dated 18-8-1983, passed by Motor Accidents Claims Tribunal, Jabalpur in Motor Vehicle Claims Case No. 58 of 80, making the Insurance Company liable to indemnify the insured i.e. respondent No. 2 to the extent of his entire liability of Rs. 13,200/- in this appeal and Rs. 22,000/- in the connected appeal. There is no dispute now that on 22-4-1980 bus No. C.P.J. 6501 belonging to respondent No. 2 and driven by respondent No. 3, met with an accident while on its way from Jabalpur to Tendukhera. The bus suddenly left the road and entered into a field on the right side and turned turtle, causing injury to the passengers including...
Shakuntala Sethi Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-02-1988
Reported in: [1989]175ITR17(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. While making the assessment of the assessee for the assessment year 1979-80, the Income-tax Officer disallowed the claim of the assessee for deduction of a sum of Rs. 17,853 under Section 40A(2) of the Act. Aggrieved by the order passed by the Income-tax Officer, the assessee preferred an appeal before the Appellate Assistant Commissioner who allowedthe appeal in that behalf. The Revenue, therefore, preferred an appeal before the Tribunal which allowed the appeal. Aggrieved by the order passed by the Tribunal, the assessee sought a reference, but as the application submitted by the assessee in that behalf has been rejected, the asses-see has filed this application.3. Having heard learned counsel for the parties, we have come to the conclusion that the following questions of law do arise out of the order passed by the Tribunal :'1. Whether, on the f...
Radhakishan Dalmia and Sons Vs. Narayan and anr.
Court: Madhya Pradesh
Decided on: Aug-02-1988
Reported in: 1989CriLJ443
ORDERK.L. Shrivastava, J.1. This petition under Section 482 of the Criminal Procedure Code, 1973, (for short 'the Code') is directed against the order dated 5-8-1986 passed by the Judicial Magistrate First Class, Barwah in Criminal Case No. 567/86 whereby under Section 204 of the Code, he has ordered issue of process against the petitioner in respect of an offence under Section 420 of the I.P.C2. Circumstances giving rise to the petition are these. The non-applicant No. 1 filed a complaint against the petitioner complaining that he has committed an offence under Section 420 of the I.P.C.3. According to the non-applicant 1 the petitioner on 28-2-83 purchased, on credit, cotton worth Rs. 90,178.20 p. It was agreed that the entire price shall be paid within 30 days of the transaction. Subsequently a post-dated cheque for Rs. 90,000/- payable by or after 12-4-83 was sent. When the same was presented for encashment it was dishonoured by the bankers as the payment of the cheque had been stop...
Commissioner of Income-tax Vs. H. H. Maharaja Lokendra Singh.
Court: Madhya Pradesh
Decided on: Aug-02-1988
Reported in: [1988]174ITR730(MP)
INDORE BENCHThis 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 1976-77, the Income-tax Officer did not uphold the contention of the assessee that the capital gains arising from the sale of certain land wouldnot be exigible to tax. Aggrieved by the order passed by the Income-tax Officer, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals) who allowed the appeal. Thereupon, the Revenue preferred a second appeal before the Tribunal and it was dismissed. Aggrieved by the order passed by the Tribunal, the Revenue sought a reference but the application filed by the Revenue in that behalf, was rejected. Hence, the Revenue has filed this application.Having heard learned counsel for the parties, we have come to the conclusion that the following question of law doe...
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