Madhya Pradesh Court March 1989 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Nemichand JaIn Vs. Shanti Bhai Rathore
Court: Madhya Pradesh
Decided on: Mar-24-1989
Reported in: 1991(0)MPLJ319
P.C. Pathak, J.1. This is plaintiff's appeal against dismissal of his suit for eviction concurrently by both the Courts below.2. The plaintiff is a tenant and the defendant is a sub-tenant but for the purposes of this suit, the plaintiff is the landlord of the defendant. The suit accommodation was sublet on monthly rent of Rs. 40/- as found by the lower appellate Court.3. On 30-12-1983, the plaintiff filed a suit for eviction on the grounds Under Sections 12(l)(a) and 12(l)(e) of the M. P. Accommodation Control Act, 1961 (hereinafter in short called 'the Act'). The trial Court dismissed the suit on findings that the plaintiff, not being the owner of the accommodation, is not entitled to evict the defendant on the ground of bona fide need as also the deletion of Section 12(l)(e), w.e.f. 15-8-1983 by the M. P. Accommodation Control (Amendment) Act, 1983 (XXVII of 1983); for the suits before the civil Courts. The ground Under Section 12(l)(a) was not proved.4. During the pendency of the f...
Kallu Maharaj Vs. Meenabai and ors.
Court: Madhya Pradesh
Decided on: Mar-23-1989
Reported in: II(1989)ACC547; AIR1989MP167; 1989MPLJ387
G.G. Sohani, Ag. C.J.1. The order in this case will also govern the disposal of Misc. Appeals Nos. 362 and 363 both of 1982.2. This Full Bench has been constituted on a reference made by a Division Bench of this Court for consideration of the following questions of law :'(1) Whether persons travelling in a truck not presently loaded with their goods, for the purpose of fetching their goods from another place, would be gratuitous travellers or would be deemed to be travelling for hire or reward within the meaning of Section 95(1) of the Motor Vehicles Act? (2) If they are deemed to have been carried for hire or reward, what would be the extent of liability of the insurer?'3. The facts giving rise to this reference have been set out in the order of reference and from these facts it is evident that at the time when the accident took place, the deceased with a view to carry their goods from Chourai to Budhagar, were travelling in a truck, which was loaded with goods belonging to other pers...
Smt. Tarabai Vs. Second Addl. Judge to the Court of Dist. Judge, Gwali ...
Court: Madhya Pradesh
Decided on: Mar-20-1989
Reported in: AIR1990MP167
Dr. T.N. Singh, J.1. It is necessary to mention at the outset that this petition under Article 227 of the Constitution was entertained by us on 30-1-1989 on submission being made that the law laid down by two learned Single J udges of this Court to their under-mentioned decisions, required reconsideration :(1) Mahavir Kumar v. Phool Chand, 1986 MPRCJ 310 and (2) Govind Prasad Yadav v. Jagdish Prasad Verma, 1987 MPRCJ 296. 2. We have, therefore, limited in this matter our decision on the question merely of maintainability of the appeal filed as per memo of appeal (Annexure P/4) by non-petitioner No. 3 (tenant) in the Court of the Second Additional Judge to the Court of District Judge, Gwalior. The appeal was filed against order passed on 1-11-1988 by the Rent Controlling Authority, Gwalior, for short, 'the R.C.A.', in a proceeding initiated by the petitioner/landlady under Section 23-A of the Madhya Pradesh Accommodation Control Act, 1961, for short, the 'Act'. By that order, the non-a...
Commissioner of Income-tax Vs. Tumus Electric Corporation Ltd.
Court: Madhya Pradesh
Decided on: Mar-17-1989
Reported in: [1989]179ITR219(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 in the circumstances of the case, the assessee was entitled to deduction of expenditure of Rs. 22,561 incurred on execution of mortgage deed for obtaining capital subsidy '2. The material facts giving rise to this reference briefly are as follows : The assessee is a limited company manufacturing transformers, laminations, etc., at Rewa. During the assessment year 1977-78, the assessee had applied to the State Government for grant of capital subsidy. The assessee had also approached the Madhya Pradesh Financial Corporation for a loan of Rs. 24 lakhs with a request that the amount of capital subsidy be adjusted against the loan to be advanced by the Madhya Pradesh Financial Corporation. To secure t...
Sakariya S/O Mithoo Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-16-1989
Reported in: 1991(0)MPLJ878
V.D. Gyani, J.1. The appellant has been convicted Under Section 376, Indian Penal Code and sentenced to undergo R.I. for seven years with a fine of Rs. 500/- or in default, to suffer four months' R.I., by the Third Additional Sessions Judge, Alirajpur, Dist. Jhabua, in Sessions Trial No. 12 of 1985, vide his judgment dated 23rd April, 1985.2. Prosecution case was that on 13-9-1984, the prosecutrix Surli - P.W.I with her 'Devrani' Anbai - P.W.5 and Devar (brother-in-law) Surla had been to the jungle of Alibayada for collecting firewood. Around 3 p.m., she called Anbai and Surla, but as none responded, she proceeded home with a 'Moli' - a bundle of firewood. While she was passing through 'Khodari', it is said that, that the accused along with Dungriya, Idla and one young boy, followed her. She was asked to stop. The prosecutrix, parried as to why she should stop It is said that, the accused expressed his desire to have intercourse with her. She was caught by the accused, Shankriya while ...
Sakariya Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-16-1989
Reported in: 1991CriLJ1925
V.D. Gyani, J.1. The appellant has been convicted under Section 376, IPC and sentenced to undergo R.I. for seven years with a fine of Rs. 500/- or in default, to suffer four months R.I., by the Third Additional Sessions Judge, Alirajpur, Dist. Jhabua, in Sessions Trial No. 12 of 1985, vide his judgment dated 23rd April, 1985.2. Prosecution case was that on 13-9-1984, the prosecutrix Surli -- P. W. 1 with her 'Derani' Anbai -- P. W. 5 and Devar (brother-in-law) Surla had been to the jungle of Alibayada for collecting fire-wood. Around 3 p.m., she called Anbai and Surla, but as none responded, she proceeded home with a 'Moli' -- a bundle of fire-wood. While she was passing through 'Khodari', it is said that, the accused along with Dungariya, Idla and one young boy, followed her. She was asked to stop. The prosecutrix parried as to why she should stop? It is said that, the accused exoressed his desire to have intercourse with her She was caught by the accused, Shanka-riya while Dungaria a...
Bhursingh Poonamchand Malwai and ors. Vs. Shyamsunder
Court: Madhya Pradesh
Decided on: Mar-15-1989
Reported in: AIR1990MP30; 1989MPLJ336
S.K. Dubey, J.1. This order shall also govern the opinion in F.A. No. 19/79. On an order of reference by Hon'ble A. G. Qureshi J. this matter has come up for opinion on the questions referred to as under:-'(1) Whether the Rules framed under the Madhya Bharat Moneylenders' Act continue to be in force despite the repeal of that Act?(2) Whether the Rules framed under the Madhya Bharat Moneylenders' Act can be deemed to have been framed under the M. P. Moneylenders Act in view of second proviso to Section 6 of the M. P. Extension of Laws Act, 1958?'2. The material facts of the case have been referred in paras 1 to 3 of the Order, which are not reproduced to burden this opinion.3. The controversy, thus arose that after the repeal of the United State of Gwalior, Indore and Malwa (Madhya Bharat) Moneylenders Act, Samvat 2007 (Act No. 62 of 1950-Samvat 2007) (for short, 'the M, B. Act') and on enforcement of the M. P. Moneylenders Act, 1934 (for short, 'the M. P. Act of 1934') in Madhya Bharat...
Commissioner of Income-tax Vs. Steel Tubes of India Ltd.
Court: Madhya Pradesh
Decided on: Mar-11-1989
Reported in: (1989)78CTR(MP)130; [1990]181ITR90(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 questions of law to this court for its opinion :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the amount of capital subsidy received by the assessee from the Madhya Pradesh Financial Corporation would not be deductible from the cost of the assets for allowing depreciation and investment allowance thereon in terms of Section 43(1) of the Income-tax Act, 1961 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in admitting the claim for weighted deduction under Section 35B of the Income-tax Act on the commission paid by the assesseeto the Indian agents totalling Rs. 93,307 ?' 3. The material facts giving rise to this reference, briefly, are as follows :The assessee is a limited co...
Hiralal Kasturchand Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-11-1989
Reported in: [1989]180ITR623(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 interest paid to the Hindu undivided family accounts of the partners was liable to be disallowed under Section 40(b) of the Income-tax Act ?'2. The material facts giving rise to this reference, briefly, are as follows ;3. The assessee is assessed in the status of a registered firm and the assessment years in question are 1981-82 and 1982-83. While framing the assessment, the Income-tax Officer noted that the assessee had paid interest to the Hindu undivided families of the partners of the firm and that the partners of the firm were kartas of their respective Hindu undivided families. The Income-tax Officer, therefore, held that t...
Navnit Kumar Potdar and ors. Vs. M.P. Public Service Commission and an ...
Court: Madhya Pradesh
Decided on: Mar-11-1989
Reported in: (1993)IIILLJ813MP; 1989MPLJ620
ORDERA.G. Qureshi, J.1. This order shall govern the disposal of M.P. No. 1385 of 1988 Ku. Manorama Singhal v. P.S.C., Indore and three Ors., M.P. No. 1393 of 1988 Narendra Kumar Choudhary v. M.P. Public Service Commission, Indore and M.P. State, M.P. No. 1403 of 1988 Ku. Asha Pandey v. State of M.P. and P.S.C., Indore, M.P. No. 1406 of 1988 Pawan Kumar Gupta v. Madhya Pradesh P.S.C. and Anr. and M.P. No. 1407 of 1988 Bhanwarlal v. M.P. Public Service Commission, Indore and State of M.P. All these petitions are directed against the Madhya Pradesh Public Service Commission.2. The grievance of the petitioners, in all these petitions, is that the petitioners though qualified to be appointed as Labour Judge in the M.P. Labour Judiciary Service, they have not been called for interview by the Public Service Commission. The yard-stick adopted by the Public Service Commission is discriminatory, arbitrary and capricious. Therefore, all the petitioners have prayed that the M.P. Public Service Com...
- ‹ Prev
- 1
- 3
- 4
- 5
- Next ›
- Last »