Madhya Pradesh Court September 1988 Judgments
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Commissioner of Income-tax Vs. M.P. Agro Morarji Fertilizers Ltd.
Court: Madhya Pradesh
Decided on: Sep-20-1988
Reported in: [1989]176ITR282(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, 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 law in holding that where regular assessment of an employee has been completed and the amount of tax fully paid by him, the Income-tax Officer, Salary Circle (TDS), has no jurisdiction under Section 201 of the Income-tax Act, 1961, to demand further tax from the employer in respect of the tax short-deducted relating to such employee ?'2. The material facts giving rise to this reference, briefly, are as follows :3. In compliance with the provisions of Section 206 of the Act, the assessee filed the annual return of salary income in respect of its employees showing the amount of tax deductible under Section 192 of the Act. The Income-tax Officer (TDS),...
Rajendra Agrawal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-20-1988
Reported in: 1991(0)MPLJ1011
ORDERK.L. Shrivastava, J.1. This revision petition is directed against the order dated 1-9-1986 passed by the Chief Judicial Magistrate, Dewas in Criminal Case No. 157 of 1986 whereby he has held that the case for charge Under Section 420, Indian Penal Code has, prima facie, been made out.2. Circumstances giving rise to this petition are these : M/s. Hind Syntex, Dewas (for short 'the Hind Syntex') through its Company Secretary-cum-General Manager, D. Sharma lodged a written report dated 17-12-1986, with the Industrial Area Police Station, Dewas that the applicant who carries on business in the name and style of M/s. Agrawal Syntex Private Limited, Dewas (for short 'the Agrawal Syntex') has, by cheating the firm, obtained yarn worth Rs. 2,71,709.40.3. According to the report, it was sometime in the month of November 1984 that the applicant negotiated for purchase of yarn from the Hind Syntex. He proposed that the price would be paid through Hundis which would be honoured in due course....
Vandana Sharma Vs. Ram Bihari Sharma
Court: Madhya Pradesh
Decided on: Sep-19-1988
Reported in: I(1990)DMC443
K.K. Adhikari, J.1. This is a petition under Section 24 of the Code of Civil Procedure filed by the applicant/wife Shrimati Vandana Sharma for transfer of Civil Suit No. 18-A of 88 (Vandana Sharma v. Rambihari Sharma) pending in the Court of District Judge, Satna.2. It is averred that the marriage between the spouse was solemnised on 17-2-89. The spouse, however, could not pull on well with the result, the petitioner/wife had to file a petition before the District Judge, Satna for divorce under Section 13 of the Hindu Marriage Act.3. The present petition has been filed for transfer of the said petition (Civil Suit No. 18-A of 88) on the ground that her father-in-law Is a leading lawyer of Satna and therefore, she is handicapped to engage services of a good lawyer there at Satna. Further, she has lodged a complaint before the Superintendent Police, Satna and after investigation, the same was registered as Criminal Case No. 1378 of 86 against her father-in-law and other members of the fa...
The New India Assurance Company Ltd. Vs. Siyaram Yadav and Two ors.
Court: Madhya Pradesh
Decided on: Sep-16-1988
Reported in: 1(1989)ACC82
R.C. Shrivastava, J.1. This appeal by insurance company has been preferred Under Section 110-D of the Motor Vehicles Act 1939, which will here-in-after be referred to as the Act, against award dated 9-11-1982 made by the Motor Accidents Claims Tribunal, Shivpuri, in case No. 17 of 1979.2. The facts of the case are simple. On 7-5-1978, a goods transport vehicle (motor-truck) bearing registration No. UTE 3295 belonging to the respondent No. 2, driven by his servant, i.e., the respondent No. 3 and insured with the appellant met with an accident while plying on Jhansi Shivpuri road. It was plying under a public carrier's permit granted Under Section 56 of the Act. In that accident, the respondent No. 1, who was travelling in the vehicle on payment of Rs. 3/- as fare to the driver, i.e., the respondent No. 3, sustained serious bodily injuries On his application for award of compensation Under Section 110-A of the Act, the Tribunal made the impugned award directing the appellant and the resp...
Awadeesh Nema and ors. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Sep-13-1988
Reported in: AIR1989MP61
G.G. Sohani, Ag. C.J.1. The order in this case will also govern the disposal of M.P.Nos. 2559/88, 2528/88, 2535/88, 2569/88, 2578/88, 2644/88, 3013/88, 2799/88, 2781/88, 2950/88, 2968/88, 3011/88, 2976/88, 2938/88, 3027/88, 3028/88, and 3032/88.2. These are petitions under Article 226 of the Constitution. The material facts giving rise to these petitions, briefly, are as follows : A competitive entrance examination known as Pre-Medical Test (P.M.T.) and Pre-Engineering Test (P.ET.) for selection of candidates for admission to professional courses in medical science and engineering respectively, was held in May 1988 by respondent 2, the Vyavasayik Pariksha, Mandal, M.P., also known as Professional Examination Board (hereinafter referred to as the Board) constituted by the State Government. The examination was held in accordance with the Rules for entrance test (hereinafter referred to as the Rules) framed by the State Govt. in that behalf. These Rules are not Statutory Rules, but are fr...
Mukesh Kumar Tiwari Vs. Rani Durgawati Vishwavidyalaya and anr.
Court: Madhya Pradesh
Decided on: Sep-13-1988
Reported in: AIR1989MP292; 1989MPLJ476
Y.B. Suryavanshi, J.1. The orders passed in this petition M. P. No. 1226/88 would also govern M. P. Nos. 1281/88 and 1258/88 since the common question involved in all those petitions under Article 226, Constitution of India is; whether these petitioners who have secured less than 40% aggregate marks in their Graduation are/were yet entitled for admission to L.L.B, Part I Examination of Rani Durgawati Vishwavidyalaya (for short, called R. D. University).2. M.P. No. 1226 of 88(1) This petition by Mukesh KumarTiwari is against the respondents 1 and 2 viz. Registrar, R. D. University and the Principal N.E.S. Law College, Jabalpur, The petitioner in 1986-87 passed B.Com. Examination, securing 39.1% aggregate marks (Mark-Sheet Annexure 1) in July, 87. On basis of that mark-sheet, the Principal, N.E.S. Law College admitted him for L.L.B. First Year Course (Fees Receipt Annexure 2). In due course, he paid the Examination Fees on 25-11-87 to N.E.S. Law College(Annexure 3). He further avers, tha...
Food Corporation of India Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Sep-13-1988
Reported in: [1991]81STC219(MP)
K.M. Agrawal, J.1. This judgment shall also dispose of the following cases :(i) M.C.C. No. 449 of 1986. Food Corporation of India, Bhopalv. Commissioner of Sales Tax, M.P.(ii) M.C.C. No. 510 of 1986. Food Corporation of India, Bhopalv. Commissioner of Sales Tax, M.P.(iii) M.C.C. No. 516 of 1986. Food Corporation of India, Bhopalv. Commissioner of Sales Tax, M.P.(iv) M.C.C. No. 257 of 1987. Food Corporation of India, Bhopalv. Commissioner of Sales Tax, M.P.(v) M.C.C. No. 258 of 1987. Food Corporation of India, Bhopalv. Commissioner of Sales Tax, M.P.(vi) M.C.C. No. 259 of 1987. Food Corporation of India, Bhopalv. Commissioner of Sales Tax, M.P.(vii) M.C.C. No. 260 of 1987. Food Corporation of India, Bhopalv. Commissioner of Sales Tax, M.P.(viii) M.C.C. No. 261 of 1987. Food Corporation of India, Bhopalv. Commissioner of Sales Tax, M.P.(ix) M.C.C. No. 262 of 1987. Food Corporation of India, Bhopalv. Commissioner of Sales Tax, M.P.(x) M.C.C. No. 263 of 1987. Food Corporation of India, Bho...
Ku. Rashmi Bala Saxena and ors. Vs. Jiwaji University, Gwalior and ors ...
Court: Madhya Pradesh
Decided on: Sep-12-1988
Reported in: AIR1989MP181
T.N. Singh, J. 1. Fourteen petitioners are joined by an equal number ofinterveners to make common grievanceagainst cancellation of their LL.B. Part IExamination by the University. Because theyprayed interim relief to allow them to appearin the Supplimentary Examination in thepaper 'Constitutional Law' in the examinationcommencing on 7-9-1988, we heard this matterexpeditiously after the petition was admittedon 23-8-1988. 2. At the conclusion of hearing on 8-9-1988, we arrived tentatively at the conclusion that the interim relief prayed could not be granted and as such, we reserved our order for disposing of the matter finally on merit as counsel addressed us extensively on the rival contentions on 7th as also on 8th September, 1988. Still, while reserving our final orders, we found some merit in the grievance made at the conclusion of the hearing that the candidates who were likely to be affected by the impugned order need not suffer the anguish of further derailment in their academic c...
Ganpatlal Vs. Nandlal Haswani and ors.
Court: Madhya Pradesh
Decided on: Sep-12-1988
Reported in: AIR1989MP209; 1990MPLJ542
T.N. Singh, J.1. In the suit filed by respondent 1 in the Court below, appellant figured as defendant 13. In that suit, an order of temporary injunction being passed against him on 8-5-1987, he is aggrieved and has appealed. I have gone through the impugned order and I must say that criticism of appellant's counsel against that order of being cryptic and perfunctory is well justified. 2. There is no discussion at all in the impugned order of pleadings of parties to reach the conclusion that the plaintiff had a strong prima facie case to go to trial except the cryptic finding that in the suit for specific performance of contract for sale of the suit land, in the course of trial, it had to be determined to which of the parties had breached the contract. Surprisingly, despitehaving noted that the contract sought to be enforced was executed by defendant 2 in favour of the plaintiff and that the said defendant had sold the land to others and further sales were made of the same land, learned...
Bhagwati Bai Vs. Param Lal
Court: Madhya Pradesh
Decided on: Sep-12-1988
Reported in: I(1990)DMC268
K.K. Adhikari, J.1. This appeal by the appellant/wife Bhagwati Bai under Section 28 of the Hindu Marriage Act (hereinafter referred to as 'the Act'), is directed against the dismissal of her suit for divorce under Section 13 on the ground of cruelty.2. It is not disputed that the appellant was married to the respondent according to the Hindu customs sometimes in June 1976. The marriage was performed in village Bharguvan, under the jurisdiction of police station Bijawar, district Chhatarpur. It is alleged that after the marriage, the appellant was ill-treated by the respondent and the respondent/husband was not providing her with proper food and clothes and alto compelled her to have sexual intercourse with his elder brother. It is further alleged that the respondent was also compelling her to have sexual intercourse with the dacoits in Kharyani forest against her consent and will. On her refusal, she was beaten. It has been further alleged that the appellant has been living a miserable...
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