Madhya Pradesh Court November 1989 Judgments
Shanker Kanojia Vs. Mayabai Shanker Kanojia and anr.
Court: Madhya Pradesh
Decided on: Nov-29-1989
Reported in: AIR1990MP246; 1990MPLJ435
S.K. Jha, C.J.1. Shri S. C. Pandey for the appellant, heard on admission.2. Learned counsel for the appellant has raised a point that since the notification u/ Section 3 of the Family Courts Act, 1984, has been issued by the State Govt., the Family Court must be deemed to have been established on the date when such notification was issued. It is true that Section-3 of the Family Courts Act, 1984, is captioned as 'Establishment of Family Courts'. It is, however, equally true that no Family Court can be said to have been effectively established unless the Judges to that Court have been appointed in accordance with the provisions of Section 4 of the Act. Section 4 of the Act lays down that the State Govt. may with the concurrence of the High Court appoint one or more persons to be the Judge or Judges of Family Court. From the impugned order of the learned single Judge, it appears that no Judge had been appointed on 1-4-1989 as a Judge of the Family Court. 1-4-1989 is the relevant date. It...
Tag this Judgment!Sagar Co-operative Central Bank Ltd. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Nov-29-1989
Reported in: [1990]186ITR292(MP)
S.K. Jha, C.J.1. A statement of the case has been submitted by the Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur, under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), and the following question of law has been referred to this court for its opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that, in view of the decision of the M. P. HighCourt dated 12th December, 1979, there was a mistake apparent from the record in its order dated 10th January, 1979, and, on that account, rectifying its order '2. The relevant facts are these : The assessee is Sagar Co-operative Central Bank Ltd. The assessment year involved is 1974-75. The assessee had earned commission income amounting to Rs. 55,134 from the M. P. Electricity Board for collection of electricity bills. It claimed that this income was exempt. The Income-tax Officer disallowed the claim and brought this amount to tax. A copy of t...
Tag this Judgment!Bhopal Sugar Industries Ltd. Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Nov-29-1989
Reported in: [1990]79STC187(MP)
S.K. Jha, C.J. 1. This is a reference under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958, referring the following question of law for opinion of this Court :'Whether or not on the facts and in the circumstances of the case, the assessee is liable for sales tax in respect of the estimated value of the gunny bags which were used when sugar was sold by the assessee and which were in conformity with the standard prescribed by the sugar packing order as prescribed from time to time ?'2. The reference has been made in connection with the assessment year 1971-72. It is not necessary for us to go into any detail in this case as the question referred to us stands fully answered by a Division Bench decision of this Court in the case of Commissioner of Sales Tax v. Bhopal Sugar Industries Ltd. [1981] 48 STC 45 ; (1981) MPLJ 395 wherein similar question had been referred to this court. It will be seen that that case also related to the present assessee with regard to identical t...
Tag this Judgment!M.L. Mansoori Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-28-1989
Reported in: 1991CriLJ42
ORDERGulab C. Mehta, J.1. The applicant, an accused in Cr. Case No. 5/87 before the Sessions Judge Ambikapur, Surguja, invokes inherent jurisdiction of this Court by filing this application under Section 482 Cr. P.C. to earn a discharge on the ground that the said prosecution has become barred by limitation.2. The Collector, Surguja, on receipt of a complaint from one Jawaharlal Gupta, against the applicant and others, to the effect that the labourers employed for construction of Chalta-Harra road were not being paid due wages and that muster rolls were being forged, made an inquiry through Shri D. L. Sharma, Dy. Collector. The inquiry revealed that the allegations were true and that one A. L. Kori and Ramdulare Singh besides the applicant were involved in the crime. The Collector thereafter wrote to S. P. Surguja, on 17-7-1983 to proceed against the culprits in accordance with law. On the basis of the aforesaid letter, a crime was registered on 1-8-1983. During the investigation, the ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Ashok Singh and ors.
Court: Madhya Pradesh
Decided on: Nov-28-1989
Reported in: 1990ACJ1055; 1990(0)MPLJ486
B.C. Varma, J. 1. In this appeal under Section 110-D of the Motor Vehicles Act, the appellant insurance company claims to be exonerated from the liability fastened on it for payment of compensation to the respondent No 1 for injuries sustained by him on account of use of truck No. UHV 0207 owned by the respondent No. 2 and at the relevant time driven by respondent No. 2's driver Ghanshyam (respondent No. 3).2. At this stage, it is not in dispute that the truck was owned by respondent No. 2. On 16.4.1984, it was in charge of respondent No. 3 who in the process of carrying coal in the truck to Allahabad, also took with him Ashok Singh. On the way, the truck met with an accident as a result of which Ashok Singh sustained fractures of tibia and fibula bones of both the legs. After trial, the Motor Accidents Claims Tribunal assessed Rs. 12,000/- as damages for the injuries sustained. In addition, Rs. 1,000/-have been awarded for pecuniary damages for amount spent on treatment and yet anothe...
Tag this Judgment!Oriental Fire and Genl. Ins. Co. Ltd. Vs. Kamala Bai and anr.
Court: Madhya Pradesh
Decided on: Nov-27-1989
Reported in: II(1990)ACC77; 1991ACJ533
K.L. Shrivastava, J.1. This order shall also govern the disposal of Misc. Appeal No. 174 of 1987 (Oriental Fire & General Ins. Co. Ltd., Indore v. Suganbai) which arises out of the same motor accident which has given rise to Misc. Appeal No. 173 of 1987.2. Circumstances giving rise to the appeals are these. The truck bearing registration No. MPU 6239 belonging to the M.P. Electricity Board (respondent No. 5 in MA No. 173 of 1987 and respondent No. 3 in MA No. 174 of 1987) and driven by its driver Devi Singh was on 4.5.1981 involved in an accident while on road between Gandharvepuri to Dewas.3. The accident truck was insured with the appellant company against third party risks.4. The aforesaid accident resulted in the death of two persons, Shaligram and Madangiri.5. The legal representatives of Shaligram (respondent Nos. 1 and 2 in M.A. No. 174 of 1987) filed an application under Section 110-A of the Motor Vehicles Act, 1939 (for short 'the Act') before the Motor Accidents Claims Tribun...
Tag this Judgment!G.D. Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-24-1989
Reported in: 1990MPLJ89
ORDERK.L. Shrivastava, J.1. This revision petition is directed against the order dated 8-1-1985 passed by the Sessions Judge, Jhabua in Cr. R. No. 49 of 1984 whereby the order passed by the J.M.F.C., Alirajpur in Cr. Case No. 393/84 discharging the applicant in respect of offences under sections 409, 467 and 420, Indian Penal Code has been set aside and it has been directed that charge under section 409 read with either section 109 or section 120B ibid be framed against him.2. Circumstances giving rise to this revision petition are these: On complaints having been received that in the office of the District Organisor, Tribal Welfare, Alirajpur, Criminal breach of trust has been committed in respect of transactions relating to repairs of iron cots and repairs of electric fittings in the hostels. Enquiry was made by the Project Officer. He found that complaints were true. In addition, he found that there has been criminal breach of trust also in relation to the transactions relating to p...
Tag this Judgment!Sachchanand Wadhwani Vs. Smt. Nisha and anr.
Court: Madhya Pradesh
Decided on: Nov-23-1989
Reported in: AIR1990MP247; I(1992)DMC605; 1990(0)MPLJ52
ORDERK.L. Shrivastava, J.1. This revision petition u/Section 115 of the C.P.C. (for short the 'Code') is directed against the order dated 28-9-1988 by the IVth Addl. Judge to the District Judge, Indore in M. J. C. No. 21/1986 whereby interim maintenance in the sum of Rs. 300/- per month has been granted to the N. As.2. Circumstances giving rise to this revision petition are these: The N. A. No. 1 is the widow of the petitioner Sachchanand's deceased son Pritamanand, who dies on 16-9-1985. The N. A. No. 2 Punitanand aged about 5 1/2 years is the son of N.A. No. 1. After her widowhood, the N. A. No. 1 together with N.A. No. 2 is residing with her father in Jairampura Colony, Indore.3. The N. As. on 23-4-1986 filed an application u/Section 19 of the Hindu Adoptions and Maintenance Act. 1956 (for short the 'Act') against the present petitioner who is resident of Jai Jagat Colony, Indore, claiming maintenance at the rate of Rs. 1,000/- per month.4. According to N. A. No. 1, she was married ...
Tag this Judgment!Central India Excise Traders, a Registered Partnership Firm and anr. V ...
Court: Madhya Pradesh
Decided on: Nov-22-1989
Reported in: 1990(0)MPLJ611
ORDERD.M. Dharmadhikari, J.1. The petitioner is a registered partnership firm and holds licences for the wholesale supply of country spirit in sealed bottles and loose in areas under the contract supply system, under the terms of the licences granted in accordance with the provisions of M.P. Excise Act, 1950 (in short 'The State Act').2. The petitioner calls in question the order dated 22-4-1981 (Annexure P-13), passed by the Regional Provident Fund Commissioner, M. P., Indore, while deciding the dispute under section 7-A of Employees Provident Fund and M. P. Act, 1952 (in short 'the Act'), whereby he held that the provisions of the Act are applicable to the petitioner as an employer making it obligatory to comply with the provisions of the Provident Funds Scheme framed under the Act in respect of its employees.3. Dealing in country liquor is monopolised by the State of Madhya Pradesh by Provisions of the State Act. The relevant facts, not in dispute, are that the petitioner under the ...
Tag this Judgment!Commissioner of Wealth-tax Vs. Sureshchandra Agrawal.
Court: Madhya Pradesh
Decided on: Nov-21-1989
Reported in: [1990]183ITR568(MP)
INDORE BENCHA. G. QURESHI J. - This is an application under section 27(3) of the Wealth-tax Act, 1957, seeking a reference to this court as enumerated in para 3 of the petition.The Revenue had filed appeals before the Income-tax Appellate Tribunal, Indore Bench, Indore, against the order of the Appellate Assistant Commissioner directing computation of the penalty, at 2 per cent. of the assessed tax for each month of default for the assessment years 1973-74 to 1975-76. The Tribunal was of the view that the matter stands conclude by the decision of the Supreme Court in Maya Rani Punjs case : [1986]157ITR330(SC) . The appeals were, accordingly, dismissed.Thereafter, the Revenue made an application under section 27(1) of Wealth-tax Act, 1957 requesting the Tribunal to refer to the High Court the questions of law enumerated in para 1 of the order of the Tribunal. The learned Tribunal was of the view that the Supreme Court in Maya Rani Punjs case : [1986]157ITR330(SC) has already concluded t...
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