Madhya Pradesh Court September 1989 Judgments
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Nanjibhai Patel and anr. Vs. Vishnu Prasad Sharma
Court: Madhya Pradesh
Decided on: Sep-26-1989
Reported in: II(1990)ACC45; 1990ACJ982
Gulab Chandra Gupta, J. 1. This is the claimants' appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') against the award dated 8.8.1984 passed by Mr. R.K. Seth, Motor Accidents Claims Tribunal, Raipur in Claim Case No. 47 of 1981, awarding a sum of Rs. 12,000/-only to the appellants for the death of their son Govind Bhai in an accident caused by rash and negligent driving on 14.4.1981.2. Since the respondents against whom the award has been passed did not file any cross-appeal or cross-objection it can be assumed that they do not seriously challenge the finding that Govind Bhai Patel died in the accident caused by rash and negligent driving. That the deceased was being carried as a passenger in jeep-taxi No. CPT1084 from Dhamtari to Raipur is not in dispute. That the said jeep met with an accident with the truck No. MPS 608 in which Govind Bhai Patel and one Jaikishan died, is also not in dispute. The accident took place because of negligent...
State of M.P. Vs. Kailashchandra Tiwari
Court: Madhya Pradesh
Decided on: Sep-26-1989
Reported in: 1989CriLJ2485
V.D. Gyani, J.1. Shri Samvatsar, learned Govt. Advocate for the State.Contemner present in person with Shri G.P. Kandel Advocate, He has filed an unconditional written apology.2. These contempt proceedings have been initiated at the instance of Civil Judge, Class II, Barwaha. The contemner served notice dated 5-3-1983 to the Presiding Officer of the Court, namely, Civil Judge, Class II, Barwaha, charging him with malice and favouritism. It was at the stage when an execution proceeding was pending against the contemner in the Court of Civil Judge, Class II. Barwaha, as is evident from the notice dated 5-3-1963 itself. He threatended the Presiding Officer of the Court with filing of a suit against him in case he proceeded with the auction of his goods, which formed part of the execution proceedings.3. Contemner admits having given such a notice to the Presiding Officer of the Court. It cannot be gainsaid that it is direct interference with the administration of justice, inasmuch as the P...
Dr. Penil Sharadkumar Doshi and ors. Vs. State of Madhya Pradesh and o ...
Court: Madhya Pradesh
Decided on: Sep-25-1989
Reported in: AIR1990MP171; 1990(0)MPLJ253
V.D. Gyani, J.1. By this petition under Article 226 of the Constitution of India, the petitioners (in all 23) have challenged the'Rules' for admission to Post-Graduate Degree and Diploma Courses in Medical Colleges of the State of Madhya Pradesh, as also the rules for allotment of House-jobs, in the Hospitals attached to the Medical Colleges in t-he State.2. It is an. admitted position at these admissions to Post-Graduate Courses are governed by executive instructions issued by the State Government under Article 162 of the Constitution of India, although they are titled as Madhya Pradesh Selection for Post-Graduate Courses (Clinical, Para-clinical and Non-Clinical Courses) in Medical Colleges of Madhya Pradesh Rules, 1984 (hereinafter referred to as P.G. Rules). The rules pertaining to Diploma Courses are referred to as 'Diploma Rules'. These rules have been annexed to the petition as Annexures P/1 and P/3. It may also be noted that though titled and called as 'Rules', they are not sta...
Commissioner of Wealth-tax Vs. H.H. Bhawanisingh
Court: Madhya Pradesh
Decided on: Sep-22-1989
Reported in: (1989)80CTR(MP)134; [1990]181ITR458(MP)
G.G. Sohani, Actg. C.J.1. By this reference under Section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Jabalpur 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 articles in question were liable to be included in the net wealth of the assessee notwithstanding the creation of the trust and demand of gift-tax in respect of their transfer to the trust ?'2. The material facts giving rise to this reference briefly, are as follows : The assessee is an ex-ruler of the former State of Chhatarpur. On October 1, 1970, he created a trust and transferred some parcel of agricultural land, buildings and articles of gold and silver to the trust. During the course of the assessment under the Act for the years 1971-72 to 1974-75, the assessee contended that the property in question, having been transferred to the trust, did not belong to him and...
Commissioner of Income-tax Vs. Alimbeg Salimbhai
Court: Madhya Pradesh
Decided on: Sep-22-1989
Reported in: [1990]181ITR362(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 reference briefly are as. follows : The assessee carries on the business of manufacture and sale of bidis. While framing the assessment for the assessment year 1976-77, the Income-tax Officer disallowed the claim made by the assessee for deduction of a sum of Rs. 2,03,722 for holiday wages and leave with wages under the provisions of Sections 21, 26 and 27 of the Bidi and Cigar Workers (Conditions of Employment) Act, 1966. The Income-tax Officer held that as no actual payment was made in that behalf by the assessee, the claim of the assessee in that behalf was liable to be disallowed. The appeal preferred by the assessee was dismissed. On further appeal before the Tribunal, the Tribunal allowed the appeal and directed that the liability of Rs. 2,03,722 should be considered as an ascertained liability for the p...
Sushila Devi D/O Ramsingh Vs. Maharajsingh Devisingh
Court: Madhya Pradesh
Decided on: Sep-22-1989
Reported in: 1990MPLJ445
R.C. Lahoti, J.1. 'While the Rent Control Legislation has given a number of facilities to the tenants it should not be construed so as to destroy the limited relief which it seeks to give the landlord also. For instance one of the grounds for eviction which is contained in almost all the Rent Control Acts in the country is the question of landlord's bona fide personal necessity. The concept of bona fide necessity should be meaningfully construed so as to make the relief granted to the landlord real and practical'. Kewal Singh v. Lajwanti, AIR 1980 SC 161. In context with Delhi Rent Control Act, the Apex Court observed - 'this is a beneficial legislation, beneficial to both the landlord and the tenant. It protects the tenant against unreasonable eviction and exorbitant rent. It also ensures certain limited rights to the landlord to recover possession on stated contingencies.' Ganpat Ram v. Gayatri Devi, AIR 1987 SC 2016. 'Tenants in all cases are not the weaker sections. There are those...
New India Assurance Co. Ltd., Gwalior Vs. Ratanlal and ors.
Court: Madhya Pradesh
Decided on: Sep-21-1989
Reported in: AIR1991MP125
R.C. Lahoti, J.1. The insurer has come up in appeal Under Section 110-D of the Motor Vehicles Act, 1939 aggrieved by an award of the Tribunal whereby an amount of Rs. 6,000/-with interest has been awarded to the claimant/ respondents Nos. 1 to 3 on account of the death of one Sukhlal in a motor accident on 29-2-80.2. The Tribunal has found that the truck was rashly and negligently driven by the driver, the respondent No. 1, and on the date of accident, the truck was owned by the respondent No. 5. A certificate of insurance dt. 19-2-83 issued by the appellant was produced before the Tribunal to show that the vehicle involved in the accident was insured with the appellant on the date of the accident.3. The only contention raised by the insurance company is that the tribunal having found that the deceased was travelling in a motor truck which not being a passenger vehicle but a transport vehicle, the insurance company stood exonerated under Sub-clauses (a) and (c) of Clause (b)(i) of Sub-...
Commissioner of Income-tax Vs. Santosh Rice Mills
Court: Madhya Pradesh
Decided on: Sep-19-1989
Reported in: [1990]181ITR447(MP)
G.G. Sohani, Actg. C.J.1. This is an application under Section 256(2) of the Income-tax Act, 1961.2. The material facts giving rise to this application briefly, are as follows : The assessee is assessed in the status of a registered firm. For the assessment year 1977-78 for which the accounting year ended on Diwali, 1976, the assessee claimed deduction of a sum of Rs. 45,370 on account of bad debt. The Income-tax Officer rejected that claim. On appeal, the Commissioner of Income-tax (Appeals) upheld the finding of the Income-tax Officer in that behalf. On further appeal before the Tribunal, the Tribunal upheld the claim of the assessee and allowed that appeal. Aggrieved by the order passed by the Tribunal, the Revenue sought reference, but as that application was rejected, the Revenue has filed this application.3. Having heard learned counsel for the parties, we have come to the conclusion that the following question of law does arise out of the order passed by the Tribunal:'Whether, o...
Raj Pack Well Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Sep-19-1989
Reported in: 1993(41)ECC285; 1993LC351(MP); 1990(50)ELT201(MP)
A.G. Qureshi, J.1. The petitioners in this petition are limited companies registered under the provisions of the Indian Companies Act, 1956, having their offices at Indore and factories at Pithampur, district Dhar. The petitioners are manufacturing HDPE woven sacks and for that purpose they have installed HOPE tape plants for manufacture of oriented tape (plastic tape). The petitioners made representations to the Assistant Collector, Central Excise, Indore Division, to the effect that the HDPE woven sacks are articles of plastic and are thus classifiable under Chapter 39 of the Central Excise Tariff Act, 1985. The contention of the petitioners was not accepted by the Assistant Collector, Central Excise, Division Indore (respondent No. 4). Therefore, he passed an order dated 11-1-1988 wherein the respondent No. 4 held that the HDPE strips of an apparent width of 5 mm are classifiable under sub-head. No. 5406.11 and of Polypropylene under Chapter sub-head. 5406.90 and fabrics thereof und...
Sardar Ishwar Singh, Truck Owner and anr. Vs. Himachal Puri and ors.
Court: Madhya Pradesh
Decided on: Sep-18-1989
Reported in: I(1990)ACC425; II(1990)ACC5; 1990ACJ965; AIR1990MP282
Gulab C. Gupta, J. 1. This first appeal filed under Section 110D of the Motor Vehicles Act, 1939 (hereinafter referred to as THE ACT) is by the owner and the driver of the goods vehicle No. CPI-6202 and is directed against the award dated 18-9-1984 passed by Shri P. Mahta, Motor Accident Claim Case No. 16 of 1982 awarding a sum of Rs. 12,500/- in favour of Respondent Nos. 1 to 3 as compensation for accidental death of Shri Laxman Puri, Smt. Jamunabai and Smt. Nageser Bai.2. The respondents by filling their claim before the learned tribunal under Section 110 of the Act submitted that the truck aforesaid was being driven by the appellant No. 2 in a very high speed and therefore in rash and negligent manner and met with an accident killing the aforesaid three persons who had been taken as passengers. It was alleged that the appellant No. 2 lost control of the truck because of its high speed and hence the truck got turitle and killed the aforesaid three persons on the spot. Since the respo...
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