Madhya Pradesh Court August 1989 Judgments
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Steel Authority of India Ltd. Vs. Kumari Vandana Singh and anr.
Court: Madhya Pradesh
Decided on: Aug-29-1989
Reported in: (1992)ILLJ64MP
ORDERT.N. Singh, J. 1. A short legal question has assumed a large dimension and that too because of petitioner's belated and unworthy exercise. After having submitted to the jurisdiction of the Labour Court on the basis of a Reference made under Section 10, Industrial Disputes Act, for short, I.D. Act, an amended written statement was filed after evidence started, taking the plea that the Reference was in competent, as provisions not of I.D. Act but of M.P. Industrial Relations Act, 1960 for short, MIPR Act, will be applicable to the dispute. An issue in that regard was struck, but decided against the petitioner and eventually on merits the reference was answered in favour of the employee/respondent, holding her termination of services void.2. The small preface became necessary as this petition could have been dealt with otherwise, reaching indeed the same result, but for strenuous and arduous argument pressed by Shri J.P. Gupta, appearing for the petitioner. He made a fervent plea tha...
Smt. Sudha Sharma Vs. Ram Naresh Jaiswal
Court: Madhya Pradesh
Decided on: Aug-28-1989
Reported in: AIR1990MP320; 1990MPLJ225
ORDERB.M. Lal, J.1. This is claimant's application under Sec. 24 of the Code of Civil Procedure for transfer of Misc. Judicial Case No. 11 of 1989 (arising out of Claim Case No. 6 of 1984 which was dismissed in default on 20-1-1989) pending before the Motor Accident Claims Tribunal, Manila to any other Claims Tribunal of competent jurisdiction, preferably to Jabalpur.2. The claimant Smt. Sudha Sharma filed a claim petition against Ramnaresh Jaiswal and Dr. M. L. Vishwakarma before the Motor Accident Claims Tribunal,Mandla. It is alleged that her husband late Ashok Kumar Sharma met with an accident and succumbed to the injuries. The vehicle in question belonged to non-applicant. The alleged accident had taken place within the territorial jurisdiction of Mandla Accident Claims Tribunal, therefore, petition for compensation was filed at Mandla.3. The applicant is a resident of Jabalpur. She any how passed her LL.B. Examination and got herself enrolled as an Advocate recently. Her husband'...
Suraj Singh Vs. Smt. Nathi Bai and ors.
Court: Madhya Pradesh
Decided on: Aug-26-1989
Reported in: AIR1990MP323
Gulab C. Gupta, J.1. This is plaintiffs first appeal under Section 96 of the Code of Civil Procedure against the judgment and decree dated 29-7-1985 passed by Shri K. C. Agarwal, First Additional Judge to the Court of District Judge. Sagar in Civil Suit No. 8-A of 1983, dismissing the appellant's suit for specific performance.2. Admittedly the respondent No. 1 is the owner of a house and plot situate at Ravishanker Ward, Sagar and demarcated in the map annexed to the plaint. It is admitted by the parties that respondent No. 1 agreed to sell the said house to the appellant for a sum of Rs. 21,000/- only and executed an agreement on 3-1-1983 (Ex. P 1). There is also no dispute that respondent No. 1 received a sum of Rs. 2,000/- from the appellant as advance. The appellant and the respondent No. 1 agreed that sale deed may be got executed by the appellant by paying balance of Rupees 17,000/-, before the Registrar by 5-3-1983. The agreement further provides that in case, the respondent No....
Commissioner of Income-tax Vs. Chuharmal Manghandas
Court: Madhya Pradesh
Decided on: Aug-26-1989
Reported in: [1990]181ITR216(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-firm consisted of four partners. One of the partners died on June 7, 1977. The wife of the deceased partner, thereafter, joined as a partner. The assessee contended during the course of assessment for the assessment year 1978-79, that there was no change in the constitution of the firm. The Income-tax Officer, however, held that there was a change in the constitution of the firm and that the assessee ought to have applied for registration in Form No. 11 A. The Income-tax Officer, therefore, refused registration to the assessee-firm. On appeal, the Appellate Assistant Commissioner held that the assessee was entitled to registration. Aggrieved by the order passed by the Appellate Assistant Commissioner, the Revenue preferred an appeal before the Tribunal. That ...
Kumari Anjali Saxena Vs. the Chairman, Professional Examination Board, ...
Court: Madhya Pradesh
Decided on: Aug-25-1989
Reported in: AIR1990MP253; 1990MPLJ80
B.C. Varma, J. 1. The order in [his petition shall also govern the disposal of Misc. Petition No. 2581 of 1989. The petitioners in both these petitions appeared at the combined Entrance Test Examination, conducted, by the Professional Examination Board, an the medical group, for admission to the first year M.B.B.S. course. Petitioner, Ku. Anjali Saxena, also in the alternative sought admission to B.D.S. (Bachelor pf. Dental Surgery) course. Both were not found to be successful competitors for admission to the M.B.B.S. course. However, Ku. Anjali Saxena qualified for admission to B.D.S. course and has since been admitted accordingly. 2. After the results of the Pre-Medical Test examination (PMT) were declared on 9/10-7-1988, certain number of candidates, including the petitioner, Ku. Anjali Saxena, applied for revaluation, as is permissible under the rules. The result of Ku. Anjali Saxena was found to be in order. Some students, however, were benefited as a result of revaluation and mar...
Smt. Quamrunnisa Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-25-1989
Reported in: [1989]180ITR423(MP)
G.G. Sohani, Actg. C.J. 1. By this reference under Section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal, Indore Bench, has referred the following questions of law to this court for its opinion.At the instance of the Commissioner of Income-tax :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the sum of Rs. 70,000 received by the assessee consisted partly of a capital receipt and partly of a revenue receipt ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the revenue portion of the aforesaid receipt represented the assessee's share of profits for the assessment years 1975-76, 1976-77, 1977-78 and 1978-79 and should be spread over and apportioned as such ?' At the, instance of the assessee :'(iii) Whether the Tribunal was justified in holding that part of the amount of Rs. 70,000 received by the assessee was attributable to the assessee's share of p...
Mulayam Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-25-1989
Reported in: 1990MPLJ99
ORDERK.K. Varma, J.1. This is a revision from an appellate order affirming a conviction under section 394, Indian Penal Code carrying a two-year R.I.2. The Judicial Magistrate, First Class, Karera, acquitted Rameshwar of the same charge, to wit, the robbing of PW1 Sarjubai Lodhi, of a pair of silver paijans and voluntarily causing hurt to her in the robbery in her pour in the village of Jujhai on 3-12-1980 at about 11.00 P.M.3. Applicant Mulayam Singh's appeal was dismissed by the Additional Sessions Judge, Shivpuri.4. The accused persons come from the village of Bhonta which is separated from the village of Jujhai by a river. Sarjubai (PW1) and the applicant know each other from before 3rd December 1980.5. The Courts below accepted PW1 Sarjubai's evidence that she was overpowered and gagged with a towel and then the applicant removed the paijans from her ankles and left her house. He had left behind his towel soiled by the blood oozing from her gums resulting from a dislocation of two...
Gandhi Travels Vs. Secretary, Regional Transport Authority and anr.
Court: Madhya Pradesh
Decided on: Aug-25-1989
Reported in: 1990MPLJ210
ORDERB.C. Varma, J.1. The petitioner holds a regular stage carriage permit on route Sidhi-Amiliya via Churhat. A part of the route is covered by a scheme proposed under section 63 of the Motor Vehicles Act, 1939. The respondent No. 2, Rajbahore Patel filed an application for grant of temporary permit on this route. It was granted by the Regional Transport Authority. That permit expired on 6-7-1989. It appears that thereafter the respondent No. 2 applied for grant of another temporary permit. The petitioner objected to this. However, by order dated 5-7-1989, the Secretary, Regional Transport Authority granted the temporary permit for one month. The permit is Annexure-C. The petitioner's objections were overlooked. The petitioner has challenged this grant of temporary permit to the respondent No. 2. Ordinarily, the petitioner would have filed an appeal/revision to the State Transport Appellate Tribunal. It, however, came directly to this Court raising a question as to the competence of t...
indu Agrawal Vs. Director, Telecoms, Jabalpur Circle and anr.
Court: Madhya Pradesh
Decided on: Aug-25-1989
Reported in: 1990MPLJ813
ORDERB.C. Varma, J.1. The petitioner has a telephone, bearing No. 28434 at her residence. She has yet another telephone, bearing No. 29390 installed at her clinic. According to her, the bills on the first telephone varied between Rs. 500/- to Rs. 1,600/- per month. She regularly deposited the telephone charges. On 1-8-1987, she received a bill for Rs. 19,221/-. Feeling naturally that it was completely out of proportion as compared to the bills received by her in the past, she protested against that bill. However, without taking any decision on the obnjection raised, the telephone was disconnected. A provisional bill was, however, tendered to the petitioner on 20-9-1987 for Rs. 2,122/-, which she paid. On payment of additional charges for re-connection, the telephone was re-connected. In April 1988, the petitioner was informed that the earlier bill for Rs. 19,221/- was found to be correct on verification. She was asked to deposit that amount and the notice contained a direction that the...
State of Madhya Pradesh Vs. Sureshchandra Balchand Jain
Court: Madhya Pradesh
Decided on: Aug-25-1989
Reported in: 1990CriLJ2554
S.D. Jha, J.1. Appellant State of M.P. through this appeal challenges the acquittal of the respondent accused (hereinafter called 'Accused') of charges under Rule 29 of M.P. Transit (Forest Produce) Rules, 1961 (hereinafter called the 'Rules') and Section 16 M.P. Van Upaj Vyapar Viniyan Adhiniyam, 1969 (hereinafter called the 'Adhiniyam) passed by Judicial Magistrate First Class, Khategaon, by his judgment dated 31-10-1985.2. The prosecution case is that accused was running a saw mill without a licence, necessary under Rule 27 of the Rules punishable under Rule 29 ibid. On 5-12-1981 Lokpal Singh Bundela (P.W. 1), Range Forest Officer, Indore raided the saw mill of the accused. He found teak timber being sawn. The timber did not have marking of the Forest Department nor were they covered by any transit pass. He seized as per seizure memo (Ex. P/1 and p/2) 7 teaklogs and 24 sawn pieces as per description in the memos. After usual investigation, complaint was put up in the Court and the J...