Madhya Pradesh Court March 1989 Judgments
Madhya Pradesh State Road Transport Corporation Vs. Jaiprakash S/O Lax ...
Court: Madhya Pradesh
Decided on: Mar-31-1989
Reported in: 1991(0)MPLJ439
ORDERV.D. Gyani, J.1. This order shall also govern the disposal of Criminal Appeal No. 345 of 1986, M.P.S.R.T.C. v. Arun and Anr.; Misc. Cri. Case No. 292 of 1988, M.P.S.R.T.C. v. Arun and Anr.; Criminal Appeal No. 346 of 1988, M.P.S.R.T.C. v. Girirajkishore and Anr. and Misc. Cri. Case No. 534 of 1988, M.P.S.R.T.C. v. Girirajkishore and Anr.. As only one common question of law is involved in all these appeals, all these cases are being decided by a single order.2. This is an appeal against acquittal. Accused-respondent No. 1 has been acquitted of charge Under Section 3/7 of the M. P. Rajya Parivahan Sewa Bina-Ticket Yatra Ki Rok Adhiniyam, 1974 (for short, the Adhiniyan), by the 5th Addl. Sessions Judge, Indore, vide judgment/order dated 25-11-1987, passed in Criminal Appeal No. 127 of 1987. Misc. Cri. Case No. 407 of 1988 has also been filed by the appellant-Corporation for grant of leave to appeal against the aforesaid judgment/order.3. Accused-respondent No. 1 pleaded guilty to the...
Tag this Judgment!Gopaldas Vs. District Judge, Indore and ors.
Court: Madhya Pradesh
Decided on: Mar-30-1989
Reported in: AIR1990MP279; 1991(0)MPLJ609
S.K. Dubey, J. 1. The petitioner-tenant aggrieved of the order (Annexure I) dt. 20-1-89 passed by the District Judge, Indore, on an application under Sections 24 and 151 of the Code of Civil Procedure, whereby Civil Suit No. 83-A of 1987 was ordered to be transferred from the Court of 7th Civil Judge Class-II, Indore to the Court of the Rent Controlling Authority, Indore (hereinafter referred to as 'the Authority'), has preferred this petition under Arts. 226 and 227 of the Constitution of India.2. The material facts leading to this petition are that respondent No. 3, a widow, filed an application on 24-6-85 before the Authority under Section 23-A(b) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as 'the Act'), for getting eviction against the petitioner-tenant for the accommodation let for non-residential purpose as the same is required 'bona fide' by respondent No. 3 for the purpose of starting business by herself and her major son. On summons, the pet...
Tag this Judgment!Controller of Estate Duty Vs. Suresh Kumar Mirani
Court: Madhya Pradesh
Decided on: Mar-30-1989
Reported in: (1989)77CTR(MP)15; [1989]179ITR577(MP)
G.G. Sohani, actg. C.J.1. By this reference under Section 64(1) of the Estate Duty Act, 1953 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur, has referred the following question of law to this court for its opinion :'Whether, on the facts and in the circumstances of the case, theAppellate Tribunal was justified in law in holding that the share falling tothe widow of a pre-deceased son cannot be aggregated under Section34(1)(c) of the Estate Duty Act to determine the dutiable estate of thedeceased ?'2. The material facts giving rise to this reference, briefly, are as follows : one Jaisukhlal died on December 4, 1975, leaving behind him five sons and his wife. The dispute relates to the determination of the rate of estate duty payable on the property passing on the death of the deceased. One of the sons of the deceased, Jayantilal, had pre-deceased him and Smt. Labhu Ben, w/o Jayantilal, became entitled to the share that would have fall...
Tag this Judgment!Commissioner of Income-tax Vs. Hindustan Electro Graphites Ltd.
Court: Madhya Pradesh
Decided on: Mar-30-1989
Reported in: (1989)77CTR(MP)219; [1989]177ITR465(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 interest of Rs. 50,116 (rounded off to Rs. 50,120), was not taxable as the assessee's income ?' 2. The material facts giving rise to this reference, briefly, are as follows : The assessee is a public limited company. The assessee established a factory for the manufacture and production of electro-graphites and theproduction commenced on May 1, 1977. During the accounting year relevant to the assessment year 1978-79, the assessee derived income of Rs. 50,116 as interest on fixed deposits and interest on late payment of call money. The Income-tax Officer held that this amount was taxable as the assessee's income. Aggrieved b...
Tag this Judgment!Chandra Prabha Syntex Pvt. Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-30-1989
Reported in: 1991(55)ELT40(MP)
ORDER1. The petitioners by this petition under Article 226 of the Constitution of India have challenged the letters Annexures-J and K issued by the State Bank of Indore to the petitioners and the Assistant Collector, Central Excise, Ujjain to the Manager State Bank of Indore, Yeshwant Niwas Road Branch, Indore, respectively.2. The facts leading to this petition, in short, are that the petitioner No. 1, which is a Company registered under the Companies Act, 1956 is engaged in manufacture of grey cloth and processing, along with the job of processing including dyeing, bleaching and finishing of cloth. There arose a dispute between the Central Excise Department of the Union of India and the petitioners about the interpretation and applicability of the term 'manufacture' as provided under Section 2(f) of the Central Excise Act, 1944. The matter reached the Hon'ble Supreme Court of India, wherein a Writ Petition No. 1442 of 87 was filed by the petitioners along with other writ petitions rai...
Tag this Judgment!Chandraprabha Syntex (P) Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Mar-30-1989
Reported in: 1992(59)ELT27(MP)
ORDERA.G. Qureshi, J. 1. The petitioners by this petition under Art. 226 of the Constitution of India have challenged the letters Annexures-J and K issued by the State Bank of Indore to the petitioners and the Assistant Collector, Central Excise, Ujjain to the Manager, State Bank of Indore, Yeshwant Niwas Road Branch, Indore, respectively.2. The facts leading to this petition, in short, are that the petitioner No. 1, which is a Company registered under the Companies Act, 1956 is engaged in manufacture of grey cloth and processing, along with the job of processing including dyeing, bleaching and finishing of cloth. There arose a dispute between the Central Excise Department of the Union of India and the petitioners about the interpretation and applicability of the term 'manufacture' as provided under S. 2(f) of the Central Excise Act, 1944. The matter reached the Hon'ble Supreme Court of India, wherein a Writ Petition No. 1442 of 87 was filed by the petitioners along with other writ pet...
Tag this Judgment!Oriental Insurance Company Ltd. Vs. Pritam Lal
Court: Madhya Pradesh
Decided on: Mar-30-1989
Reported in: I(1990)ACC571; 1989MPLJ580
D.M. Dharmadhikari, J.1. The present revision has been placed before the Division Bench on the reference by the learned single Judge Hon 'ble Awasthy, J. The legal question referred for decision of the Division Bench is, Whether an order awarding compensation under Section 92-A of the Motor Vehicles Act,1939, on the principles of 'no fault liability' is appealable under Section 110-D of the said Act or only revision under Section 115 of the. Civil Procedure Code is tenable against the order granting compensation.2. The learned Single Judge noticed that no consistent procedure was being following in this Court and in some cases (e.g. M.A. No. 50/85, decided on 24-2-1986, by Hon. Gulab Gupta, J.). The appeals were entertained against the order of compensation under Section 92-A of the Act and in some cases (e.g. CR.No.625/85, decided on 9-7-85 by Hon. S Awasthy, J.) revisions were entertained and decided. He has, therefore, referred the matter for decision of the Larger Bench. We have he...
Tag this Judgment!Nasir Ahmedkhan Vs. the Superintendent of Police and Registration Offi ...
Court: Madhya Pradesh
Decided on: Mar-29-1989
Reported in: 1989CriLJ2044; 1989MPLJ451
S.K. Dubey, J.1. Aziz Ahmed s/o Faiz Mohammad, a citizen of India and a resident of Indore, through his son, filed a petition under Art 226 of the Constitution of India for issuance of a writ of habeas corpus or for any other suitable writ, order or direction, as Aziz Ahmed was taken in the police custody on 26-5-88 at 8.30 p.m. by the police force of the M.I.G. Police Station, Indore, on the pretext that he is involved in some motor accident criminal case. As Aziz Ahmed did not come back, the petitioner, who is his son, enquired from the Police Station, where the petitioner came to know that his father is being deported to Pakistan illegally.2. During the summer vacation, on an application, an ad-interim writ was issued to the respondents to the effect that the respondents shall maintain status quo in relation to Aziz Ahmed, as on the date of the passing of the order. After hearing the respondents, vide order dt. 30-6-88, this Court ordered release of the petitioner's father on furnis...
Tag this Judgment!Himmat Singh Vs. S.L. Suchari and ors.
Court: Madhya Pradesh
Decided on: Mar-24-1989
Reported in: AIR1990MP36; 1989MPLJ460
ORDER1. Petitioner by Shri V. K. Sapre, Advocate. Respondent No. 2 (State of M. P.) by Shri Arvind Dudhawat, Additional Government Advocate. Shri Dudhawat has not filed any written reply to the petition. He prayed for an adjournment for the purpose but having heard learned Counsel for the parties in this context, we are of the view that no written reply is called for and that the matter agitated in the petition can be finally disposed of today on submissions of counsel for the parties and on the material on record.2. Counsel for the parties are heard.3. Petitioner Himmat Singh is one of the purchasers of agricultural lands from respondent No. 4 Madhukar Shah. Ju Deo.4. A proceeding under Section 9 of the M. P. Ceiling on Agricultural Holdings Act, 1960 (20 of I960) was initiated against respondent 4. Petitioner Himmat Singh filed appeals in the Board of Revenue against an order passed by the competent authority in the Revenue Case No. 80-A 190-B 3-74-75. The Board of Revenue allowed th...
Tag this Judgment!Commissioner of Income Tax Vs. Sardarilal Bhasin
Court: Madhya Pradesh
Decided on: Mar-24-1989
Reported in: [1989]179ITR307(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, Jabalpur Bench, Jabalpur, has referred the following question of law to this court for its opinion :'Whether, on the facts and circumstances of the case, the Tribunal was legally correct in holding that the order of penalty was barred by limitation or unnecessary delay ?'2. The material facts giving rise to this reference, briefly, are as follows : The assessee derives income from forest contracts. For the assessment year 1964-65, the assessee filed his return of income showing total income of Rs. 4,085. The Income-tax Officer, however, determined the total income of the assessee at Rs. 19,000. The Income-tax Officer also initiated penalty proceedings under Section 271(1)(c) of the Act and as the minimum penalty imposable exceeded Rs. 1,000, the Income-tax Officer referred the case to the Inspecting Assistant Commissione...
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