Madhya Pradesh Court April 1989 Judgments
Narbada Bus Service Vs. Secretary, R.T.A. and anr.
Court: Madhya Pradesh
Decided on: Apr-28-1989
Reported in: 1990MPLJ511
ORDERA.G. Qureshi, J.1. The petitioner is a bus operator, who is running the aforesaid business in the name and style of Narbada Bus Service. The petitioner applied for grant of a regular stage carriage permit under section 46 of the Motor Vehicles Act on the route Nasrullaganj-Ashta via Kannod-Khategaon and Gopalpur on 23-1-1989. The application is pending with the RTA, Ujjain. A copy of the application is Annexure-A. The respondent No. 2 applied for the grant of a temporary permit under section 62(1)(c) of the Motor Vehicles Act on 8-3-1989 before the Secretary, RTA, Ujjain for the route Nasrullaganj-Ashta. The petitioner filed an objection on 7-3-1989 against the grant of the said temporary permit on the route in question in favour of respondent No. 2, inter alia contending that as the application for grant of regular stage carriage is pending under section 46 of the Motor Vehicles Act on this route, temporary permit can be granted to the respondent No. 2 in view of the provisions c...
Tag this Judgment!Hukumchand Vs. State Bank of Indore and anr.
Court: Madhya Pradesh
Decided on: Apr-27-1989
Reported in: [1992]73CompCas525(MP)
S.D. Jha, J. 1. This first appeal is presented by defendant No. 4, Lilabai, wife of Dhulchand, and legal representatives of defendant No. 5, Smt. Kanchanbai, wife of Hukumchand, against the judgment and decree dated May 12, 1978, passed by Shri V. S. Yadav, Seventh Additional District Judge, Indore, in C. S. No. 24-A of 1976. By the said judgment and preliminary decree, defendant No. 1, Himmatlal and Co., Maharani Road, Indore, a partnership firm, the legal representatives of defendant No. 2, Jawaharmal, and defendant No. 3, Lakhmichand, were jointly and severally, ordered to pay to the plaintiff Rs. 86,555 with interest at the rate of 6.5 per cent, per annum (shown in schedule A of the plaint) in the manner set out in the judgment and redeem the property mortgaged with the plaintiff-respondent No. 1 within a period of six months from the date of decree. On failure to redeem the mortgaged property within six months of the decree, the final decree for sale of the mortgaged property was ...
Tag this Judgment!The Oriental Insurance Co. Ltd. Vs. Mandakino Kishnarao and ors.
Court: Madhya Pradesh
Decided on: Apr-25-1989
Reported in: I(1991)ACC288; 1989MPLJ633
T.N. Singh, J.1. At the admission stage counsel for parties are heard.2. Shri R.D. Goyal has entered appearance for the claimants Smt. Mandakini Kishnarao and he is also heard.3. Because I have found no ground to admit the appeal and I am satisfied that there is no warrant for my interference with the impugned order I have considered it unnecessary to notice the other two respondents.4. Shri Bansal has chellanged rightly the impugned order with reference mainly to the provisions of-Sub-section (2-A) of Section 110-C of the Motor Vehicles Act, for short, the Act.5. There could be no doubt that in view of the provisions of Section 96(2) of the Act the insurer-appellant is statutorily handicapped in challenging award passed under Section 110-B of the Act on merits and as such I have merely to consider the grievance made in this appeal with respect to the provision aforesaid, which I quote:110-C (2-A). Where in the course of my inquiry the claims Tribunal is satisfied that.(i) there is col...
Tag this Judgment!Kamla Vs. Moolchand Lakhera
Court: Madhya Pradesh
Decided on: Apr-24-1989
Reported in: I(1990)DMC525
1. This first appeal under Section 28 of the Hindu Marriage Act is by the plaintiff and is directed against the judgment and decree dated 4-12-1987 passed by Shri S.K. Jain, District Judge, Sagar in Civil Suit No. 11-A/84 dismissing the appellant's suit for divorce. 2. That the parties are legally married husband and wife and have four children born to them out of their wedlock is not in dispute. It is also not in dispute that the parties are not living together since March, 1981. Both the parties are employed as teachers. The case of the appellant was that the respondent was in the habit of drinking and gambling and wanted the appellant to engage herself in sexual intercourse with his other friends. She also alleged that when she refused to oblige, the respondent gave her beating and drove her out of the home. The respondent denied requiring the appellant to submit herself to sexual intercourse by others. According to him, the appellant was living as a concubine of one Abdul Rajjak, H...
Tag this Judgment!Om Prakash Bajpai Vs. Guru Ghasidas University and ors.
Court: Madhya Pradesh
Decided on: Apr-22-1989
Reported in: 1990MPLJ85
ORDERY.B. Suryavanshi, J.1. The petitioner, a practising Advocate at Bilaspur, enrolled as an Advocate by the M. P. State Bar Council on 31-3-1986, has filed this petition under Articles 226/227, Constitution of India, praying (i) to quash the Notification dated 25-1-1986 (Annexure-B) of respondent- No. 1 Guru Ghasidas University, Bilaspur (for short, called Bilaspur University) imposing the punishment of cancelling his Examination of LL.B. Final 1985, and further debarring him from appearing at Supplementary Examination of 1985 and the main examination of 1986 (ii) The petitioner has also challenged the Resolution Item No. 8 in the Agenda of the Executive Council of Ravi Shanker University, Raipur (for short, called Raipur University) rejecting the Explanation/appeal by the petitioner and further Resolution cancelling his LL.B. Final Examination (Supplementary Examination) 1985, withdrawal of LL.B. Degree and communication thereof to M. P. State Bar Council (Respondent No. 3), which w...
Tag this Judgment!Commissioner of Income-tax Vs. Shelly Products (No. 1)
Court: Madhya Pradesh
Decided on: Apr-21-1989
Reported in: [1989]179ITR461(MP)
G.G. Sohani, Actg. C.J. 1. This is-an application under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). 2. The material facts giving rise to this application, briefly are as follows : The assessee is assessed in the status of a registered firm and the assessment year in question is 1976-77. The case of the assessee was earlier within the jurisdiction of the Income-tax Officer, B-Ward, Bhopal, who had forwarded the draft of the proposed order of assessment together with the objections of the assessee to the Inspecting Assistant Commissioner, Range-I, Bhopal, as required under Section 144B of the Act. During the pendency of this reference, the case of the assessee was transferred by the Commissioner of Income-tax under Section 127 of the Act to the Income-tax Officer, Special Investigation Circle-I, Indore. The Inspecting Assistant Commissioner, Bhopal, forwarded the draft assessment order along with the objections of the assessee to the Inspecting Assi...
Tag this Judgment!Commissioner of Income-tax Vs. Shelley Products (No. 2)
Court: Madhya Pradesh
Decided on: Apr-21-1989
Reported in: [1989]179ITR523(MP)
G.G. Sohani, Actg. C.J. 1. This is an application under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). 2. The material facts giving rise to this application, briefly, are as follows : The assessee was assessed in the status of a registered firm. The assessment year in question is 1976-77. Aggrieved by the order of assessment, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals) on the ground that the Inspecting Assistant Commissioner, Indore, had no jurisdiction under Section 144B of the Act to give directions to the Income-tax Officer (Special Investigation Circle)-I, Indore, who framed the assessment order. The appeal preferred by the assessee was dismissed. On further appeal before the Tribunal, the Tribunal held that the order of assessment deserved to be quashed as the Inspecting Assistant Commissioner (Assessment), Indore, had no jurisdiction to issue directions under Section 144B of the Act. The Revenue, therefore, ...
Tag this Judgment!Hafeezullakhan and ors. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Apr-21-1989
Reported in: (1993)IIILLJ819MP
A.G. Qureshi, J. 1. The petitioner No. 1, an employee of Life Insurance Corporation of India, who was employed as an assistant in the Divisional Office, Indore, along with the Union, have preferred this petition under Articles 226/227 of the Constitution of India, for quashing of the order, annexure C, passed by the Government of India, Ministry of Labour, Office of the Assistant Labour Commissioner (Central), Bhopal, whereby the appropriate Government refused to refer the industrial dispute for adjudication to the Central Government Industrial Tribunal-cum-Labour Court.2. Facts leading to this petition are that petitioner No. 1 was charged-sheeted on 31st January, 1983, for the charges levelled against him therein. After the domestic enquiry, the Divisional Manager imposed a penalty of deduction of salary to the minimum of time scale applicable to the workman. The workman preferred an appeal to the Zonal Manager, who rejected the same. The petitioner then again preferred another appea...
Tag this Judgment!Pran Nath Suri and ors. Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Apr-19-1989
Reported in: AIR1991MP121
R.C. Lahoti, J.1. This is plaintiffs second appeal. The facts, in so far as relevant for the purpose of this appeal, lie in a narrow compass and may be summed up briefly.2. A trade Quarry was put to auction for a term of 3 years (1 -4-67 to 31 -3-70) whereat the plaintiff made a bid of Rs. 3,501/-per annum. The bid, being the highest, was accepted on 6-4-1967. The plaintiff did not enter into an agreement with the State, in spite of being noticed to do so. Consequently the trade quarry was put to re-auction, sometime in the month of April, 1971 whereat bid of one Shamshad Khan was accepted. Shamshad Khan too refused to take possession of the quarry and his auction was cancelled granting him refund of the amount deposited by him. The plaintiff had deposited an amount of Rs. 176/ - by way of earnest and an amount of Rs. 850/- by way of first instalment. This amount of Rs. 1025/- was directed to be forfeited and proceedings were initiated for recovering an amount of Rs.9,172/- by way of c...
Tag this Judgment!Controller of Estate Duty Vs. Kewalram
Court: Madhya Pradesh
Decided on: Apr-19-1989
Reported in: [1989]179ITR254(MP); 1989MPLJ488
G.G. sohani, Actg. C.J.1. This Full Bench has been constituted on a reference made by a Division Bench of this court to decide the following questions of law referred by the Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur, to this court under Section 64(1) of the Estate Duty Act, 1958 (hereinafter referred to as 'the Act') :'(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in holding that Rs. 45,000 representing the value of insurance policies did not pass on the death of Harchamal and is not includible in the principal value of the estate of the deceased ? (2) Whether the moneys payable on the three policies became the property of the nominees on the death of the deceased ?' 2. The material facts giving rise to this reference, briefly, are as follows : The dispute relates to the computation of the net principal value of the estate of Shri Harchamal who died on February 2, 1978. The deceased had taken three insurance po...
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