Madhya Pradesh Court February 1989 Judgments
Bakulesh and ors. Vs. Girdharilal
Court: Madhya Pradesh
Decided on: Feb-28-1989
Reported in: II(1990)ACC144; 1990ACJ383
B.B.L. Shrivastava, J.1. This appeal arises out of award dated 22.1.1986 in Claim Case No. 273 of 1981 of the Motor Accidents Claims Tribunal, Indore, awarding compensation of Rs. 40,000/- to respondent-claimant Girdharilal on account of injuries sustained by him, due to rash and negligent driving of the scooter CPF 5355 by appellant No. 1 which was owned by appellant No. 2 under insurance with appellant No. 3.2. This appeal is on the ground that the accident in question was for no fault of the scooter driver and the compensation awarded is highly excessive on all items. There are practically no grounds to ignore categorical assertions of victim Girdharilal, PW3, as well as eye-witness Budhaji, PW 2, according to both of whom the scooter in question dashed against the victim from behind, when he was going on foot by the left side of the road. The scooter driver has not entered the witness-box to rebut the aforesaid allegation which gives rise to adverse inference also. Even otherwise, ...
Tag this Judgment!Go Bhachav Samittee Vs. the State and anr.
Court: Madhya Pradesh
Decided on: Feb-28-1989
Reported in: 1989CriLJ1507; 1989MPLJ431
ORDERK.L. Shrivastava, J.1. This revision petition by the Go Bachav Samittee, Nalkheda, District Rajgarh is directed against the order dt. 2-11-1988 passed by the IInd Additional Sessions Judge, Shajapur in Criminal Revision No. 120 of 1988 whereby reversing the order passed by the Magistrate under Section 451 of the Criminal Procedure Code, 1973 (for short 'the Code'). Interim custody of the cattle in question has been ordered to be given to the non-applicant Babukhan.2. Circumstances giving rise to the revision petition are these. According to the prosecution the cattle including cows which are all claimed by the non-applicant Babukhan as his own, were being taken to Sarangpur, District Rajgarh for being slaughtered there and were seized by the police. The cattle in question are 'agricultural cattle' as defined in Section 2(1) of the M. P. Agricultural Cattle Preservation Act, 1959 (for short 'the Act') read with the Schedule according to which 5 categories of cattle are designated a...
Tag this Judgment!Saki and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-24-1989
Reported in: AIR1989MP231
R.K. Verma, J.1. This order shall also govern the disposal of Miscellaneous Petition No. 512 of 1988 (Sirajuddin and two others v. State of M.P. and two others).2. By this petition under Article 226 of the Constitution, the petitioners-objectors have sought quashing of the order dt. 2-6-1986 (Annexure P-28) and the no objection certificate dt. 3-6-1986 (Annexure P-29) issued by the District Magistrate, Khargone, the Licensing Authority under Rule 6 of the M.P. Cinema (Regulation) Rules, 1972 in favour of respondent 3 Akram Khan, who was thereby allowed the camping site of touring cinemas as proposed by him in village Balkhad.3. By the other petition M.P. 512 of 1988 the petitioners have sought quashing of the order dt. 4-4-1988 of the Licensing Authority and the no objection certificate issued by him to the respondent 3 Akram Khan, who has been thereby allowed the camp site of his touring cinema as proposed by him in village Balsamand.4. Before stating the facts of the present case and...
Tag this Judgment!Abdul Majid Vs. Income-tax Officer and ors.
Court: Madhya Pradesh
Decided on: Feb-24-1989
Reported in: (1989)77CTR(MP)193; [1989]178ITR616(MP)
A.G. Qureshi, J.1. This order shall also govern the disposal of M. P. No. 519 of 1987 (Abdul Razzaq v. ITO) ; M. P. No. 520 of 1987 (Mohammad Munaf v. ITO) ; M. P. No. 521 of 1987 (Md. Iqbal v. ITO) and M. P. No. 522 of 1987 (Noor Mohammad v. ITO). As all the five petitioners in these separate petitions are aggrieved by the same order and the points of law and fact involved in the case are the same, all the petitions are being disposed by this common order.2. The petitioners are regularly assessed to income-tax for the last several years. They filed returns for the assessment years 1982-83, 1983-84 and 1984-85, which are annexures A, Al and A2 in each of the petitions. The petitioners in all the five petitions are brothers. They purchased an old house situated at 12, Daulatganj, Indore, as co-owners and each one of them had contributed 20 per cent. of the investment amount and thereafter they reconstructed the house. The share of each one of the petitioners was also 20 per cent. in the...
Tag this Judgment!Commissioner of Income-tax Vs. Kumari Prabhawati Gupta and ors.
Court: Madhya Pradesh
Decided on: Feb-23-1989
Reported in: [1989]178ITR494(MP)
G.G. Sohani, Actg. C.J.1. By this application under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Revenue has prayed that the Income-tax Appellate Tribunal be directed to refer 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 law in holding that the assessment order passed by the Income-tax Officer was ab initio void for his omission to include the legal heirs of the deceased in the assessment order ? 2. Whether the Appellate Tribunal was right in setting aside the order of the Appellate Assistant Commissioner and in not passing a further order directing the Income-tax Officer to proceed with the assessment against the legal representatives of the assessee ?' 2. The material facts giving rise to this application, briefly, are as follows : The deceased, Shri S. C. Gupta, had filed his return of income for the assessment year 1970-71. Before the ...
Tag this Judgment!Star Automobiles Vs. Income-tax Officer
Court: Madhya Pradesh
Decided on: Feb-23-1989
Reported in: [1989]178ITR613(MP)
G.G. Sohani, Actg. C.J. 1. This is a petition under Article 226 of the Constitution of India.2. The material facts giving rise to this petition, briefly, are as follows : For the assessment year 1981-82, the petitioner-firm had filed a returndisclosing income of Rs. 1,25,000. The petitioner-firm had also furnished details of payment of interest and also details of interest received on fixed deposits. The Income-tax Officer framed the assessment by his order dated March 21, 1984, and the total income of the assessee was assessed at Rs. 1,58,420. Subsequently, the respondent issued a notice on January 28, 1985, under Section 148 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), seeking to reassess the income of the petitioner under Section 147 of the Act. Aggrieved by that notice, the petitioner has filed this petition. The main contention urged on behalf of the petitioner is that the conditions precedent for issuance of notice under Section 148 of the Act are not satis...
Tag this Judgment!Jaikishan Gopikishan and Sons and ors. Vs. Commissioner of Income-tax ...
Court: Madhya Pradesh
Decided on: Feb-22-1989
Reported in: (1989)76CTR(MP)103; [1989]178ITR481(MP); 1989MPLJ305
S.K. Dubey, J. 1. This is a petition under Articles 226/227 of the Constitution of India for quashing of the orders, annexures T and U, and for quashing the proceedings of penalty, interest and launching of prosecution, and for issuance of a writ in the nature of mandamus for a direction to respondent No. 1 to reconsider the petition for granting relief under the 'Voluntary Disclosure Scheme', after affording an opportunity of hearing to the petitioners and for such other reliefs as may be deemed proper.2. The material facts leading to this petition are :That petitioner No. 1 is a registered partnership firm; petitioners Nos. 2 to 6 are its partners in their capacity as managers of their respective joint family firms. Petitioner No. 1 carries on business at Sanawad and derives income from its cotton pressing and ginning factory. Petitioner No. 1 filed its return for the assessment year 1983-84 showing losses in its cloth business. The Income-tax Officer, respondent No. 4, after satisfy...
Tag this Judgment!Nandkishore Mohanlal Vs. Jhunjhunwala and Co. and ors.
Court: Madhya Pradesh
Decided on: Feb-22-1989
Reported in: AIR1990MP331; 1990MPLJ382
ORDERP.C. Pathak, J. 1. The order in this appeal shall also govern disposal of Misc. Appeal No. 1 of 1989 (Nandkishore Mohanlal v. Bissesarlal Gupta & Co. and 4 Ors.) Misc. Appeal No. 2 of 1989 ( Nand Kishore Mohanlal v. Murlidhar Brijlal and 2 Ors.).2. The appellant/plaintiff is a partnership firm registered under the Indian Partnership Act, 1932. In a suit for recovery of Rs. 1,05,965-70 against the respondents, since the firm was unable to pay requisite court-fee of Rs. 5405/-, it applied under Rule 1 of Order 33 of the Code of Civil Procedure (hereinafter referred to as 'the Code') to sue as an indigent person, which was registered as M. J. C. No. 2 of 1977.3. In Misc. Appeal No. 1 of 1989, the suit filed by the same plaintiff for recovery of certain amount against another set of defendant was registered as M.J.C. No. 10 of 1978. Yet in another suit for recovery of money against the respondents in Misc. Appeal No. 2 of 1989 the ame plaintiff sought permission to sue as an indigent ...
Tag this Judgment!Kishan Lal Vs. Longa Bai
Court: Madhya Pradesh
Decided on: Feb-21-1989
Reported in: I(1993)DMC93
P.C. Pathak, J. 1. This revision is directed against the order of the executing court rejecting the applicant's objection that the interim alimony awarded to the non-applicant during the pendency of the suit is not executable as a decree. In as much as the order granting the alimony under Section 24 of the Hindu Marriage Act lapse with the termination of the proceedings under the said Act. He relied on Bhuneshwar Prasad v. Dropta Bai, AIR 1963 MP 259, wherein it was observed that the words during the proceedings are significant. They not only fix the duration of the maintenance allowance but also the time of the payment of the maintenance allowance and the expenses of the proceedings. Maintenance pendente lite and expenses of the proceedings are ordered to be paid under Section 24 of the ground that the spouse in whose favour the order has been made is without necessary means to maintain herself and bear the expenses defending herself. If the payment of this amount is not made before t...
Tag this Judgment!Central Motors Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Feb-18-1989
Reported in: [1991]81STC242(MP)
K.M. Agarwal, J.1. This is a reference under Section 44 of the Madhya Pradesh General Sales Tax Act, 1958, on the basis of cross applications for reference made by the assessee and the Revenue against the Tribunal's common order dated March 18, 1981, in Appeal Nos. 252, 253, 254, 349, 350, 351, 267, 269 and 270-PBR/78, relating to assessment years 1958-59, 1959-60, 1960-61, 1965-66, 1966-67, 1967-68, 1968-69, 1969-70 and 1970-71. The Tribunal has referred the following four questions of law for our decision :(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that in computation of sale price, interest for late payment to the extent of half the period of repayment should be added to the basic price and the depreciation should be calculated thereon in determining the sale price despite the contention that the extra charges recovered were not as interest but as hire-charges ?(ii) Whether, on the facts and in the circumstances of the case,...
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