Madhya Pradesh Court September 1989 Judgments
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illyas and ors. Vs. Badshah Alias Kamla
Court: Madhya Pradesh
Decided on: Sep-18-1989
Reported in: AIR1990MP334
Gulab C. Gupta, J. 1. This is defendants' first appeal under Section 96 of the Civil P.C. against the judgment and decree dated 21-11-1985 passed by Shri K. C. Agarwal, First Additional Judge to the Court of District Judge, Sagar in civil suit No. 24-A/1982, allowing the respondent's suit for declaration and directing the appellants to hand over the vacant possession of the suit house to the respondent.2. The dispute between the parties is about houses Nos. 359 to 374 situate at Itwari Tori, Sagar. Appellant Abdul Gafoor claimed ownership of the said house on the basis of will dated 28-11-1956 (Ex. D/1) executed by one Munnilal who was a eunuch, in his favour. The said Abdul Gafoor sold the suit house to appellants Nos. 1 and 2 by a registered sale deed dated 19-9-1977. The case of the respondent-plaintiff is that he is a eunuch and was a Chela of Munnilal, who died some times in 1957. Munnilal admittedly was thechela of Nasiban, another eunuch. According to the respondent, eunuchs are...
Kadambani Sahu Vs. Reshamlal Sahu
Court: Madhya Pradesh
Decided on: Sep-15-1989
Reported in: AIR1990MP150; I(1990)DMC14
Gulab C. Gupta, J.1. This appeal filed underSection 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), is directed against the judgment and decree dated 21-10-83 passed by Shri D. R. Pundlik, District Judge, Raipur in Civil Suit No. 28A of 1982 dissolving the marriage between the parties by a decree of divorce under Section 13(1)(iii) of the Act. 2. That the parties were married in accordance with Hindu rites in March, 1988 and lived together as husband and wife for a year and a half, does not appear to be in dispute. According to the respondent's application under Section 13 of the Act, the appellant was suffering from epilepsy, as a result of which she very often lost consciousness and suffered convulsions. The respondent claims to have got her treated and spent Rs. 2,000/-to Rs. 3,000/- for that purpose, without any result. In his application, it is alleged that though the appellant suffered the disease from before the date of marriage, he was not informed abou...
Dwarika Vs. Biso and ors.
Court: Madhya Pradesh
Decided on: Sep-15-1989
Reported in: II(1990)ACC528; AIR1990MP258
R.C. Lahoti, J. 1. Appeal has been preferred by the owners of tractor trolley involved in a motor accident against whomthe Motor Accident Claims Tribunal has made an interim award Under Section 92-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) for payment of Rs. 15,000/-to the claimants/respondents No. 1 to 7 (the legal representatives of the deceased in the incident), but exonerating the insurance company, the respondent No. 8 from payment on the ground that the deceased was travelling in the tractor at the time of the accident and being not a third party, the insurance company was not liable to compensate for the loss of the life. 2. It is not disputed that the deceased was travelling in the tractor at the time of the accident and that the tractor was insured with the insurance company, the respondent No. 8. The learned counsel for the appellant and the respondent No. 8 have cited a host of case law on the point as to whether an insurance company would be liab...
Jhamatmal Takhatmal Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Sep-15-1989
Reported in: [1990]181ITR434(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 reference, briefly, are as follows. While framing the assessment of the assessee for the assessment year in question, the Income-tax Officer made an addition of Rs. 59,000 as income from undisclosed sources. The appeal preferred by the assessee in that behalf before the Appellate Assistant Commissioner was rejected. On further appeal before the Tribunal, the Tribunal also upheld the order passed by the Income-tax Officer in this behalf. The Tribunal also rejected the contention urged on behalf of the assessee that, in any event, the amount of Rs. 20,000 which was the peak credit should have been taken into consideration. Aggrieved by the order passed by the Tribunal, the assessee sought reference, but the application submitted by the assessee in that behalf was rejected. Hence, the assessee has filed this application for directing the Tribunal to r...
V.P. Warrier Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Sep-15-1989
Reported in: [1990]181ITR303(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, 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 a sum of Rs. 3,600 was includible in the income of the assessee under Section 28(iv) of the Income-tax Act, 1961 ?'2. The material facts giving rise to this reference, briefly, are as follows : The assessee is a partner in a partnership firm carrying on business in the name and style of Divya Industrial Products, Bhopal. For the assessment year 1979-80, while framing the assessment of the assessee, the Income-tax Officer found that the assessee was allowed by the firm the use of its residential premises, car and telephone. The Income-tax Officer, therefore, included a sum of Rs. 15,000 as the value of perquisites in the income of the assessee under Section 28(iv) of...
Coal Mines Officers Association of India Vs. Union of India (Uoi) and ...
Court: Madhya Pradesh
Decided on: Sep-15-1989
Reported in: [1990]181ITR346(MP)
G.G. Sohani, Actg. C.J.1. This is a petition under Article 226 of the Constitution of India. The petitioner has prayed that the underground allowance, colliery allowance, dearness and variable allowances and leave encashment be declared to be not liable to income-tax under the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), and the respondents be directed not to assess the petitioner in respect of those amounts.2. Having heard learned counsel for the petitioner, we have come to the conclusion that this petition deserves to be dismissed summarily. Under the provisions of Section 10(14) of the Act as amended by the Direct Tax Laws (Amendment) Act, 1987, in computing the total income of a previous year of any person, any such special allowance or benefit, not being in the nature of a perquisite within the meaning of Clause (2) of Section 17, specifically granted to meet expenses wholly, necessarily and exclusively incurred in the performance of the duties of an office or empl...
Narendra Kumar Dubey and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-15-1989
Reported in: 1991(0)MPLJ333
ORDERS. Awasthy, J.1. This revision-petition is directed against the order dated 2-2-1989, passed in Sessions Case No. 53 of 1988 pending in the Court of 2nd Additional Sessions Judge, Hoshangabad.2. An offence Under Section 302 of the Indian Penal Code was registered vide Crime No. 270 of 1988 against Arun Kumar and Atul Kumar who were arrested in connection with the offence for causing the death of Laxmi Prasad Brahman. The police filed a charge-sheet in the Court of Magistrate First Class and the aforesaid two accused persons were committed to the Court of Session. An application was moved on behalf of the prosecution and it was pointed out that in the statement of Satish Kumar recorded Under Section 161 of the Criminal Procedure Code and also in the affidavit of Mahesh Kumar there are allegations against them hence a case Under Section 302 of the Indian Penal Code is made out against the applicants (herein) also. The trial Court directed to arrest the applicants for their appearanc...
Ramkumar S/O Daudayal Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Sep-14-1989
Reported in: 1990MPLJ174
ORDERV.D. Gyani, J.1. By this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ of Habeas Corpus and for setting aside the Preventive Detention Order dated 17-6-1989 (served on the petitioner on 31-5-1989) passed by respondent No. 2, in exercise of powers conferred under section 3(1)(iii) of the Conservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974 (for short, the Act).2. Respondent No. 3 herein is the sponsoring authority, while respondent No. 4 is the incharge of Central Jail, Indore.3. Respondents claimed having prior information and a constant vigil being kept near Rajani building near Mahatma Gandhi Road, Indore, where, according to the information, a sizable quantity of foreign-mark gold was likely to be carried by the petitioner for further delivery, and a Maruti Car bearing registration No. CIF-1529, carrying foreign-mark gold biscuits, was intercepted in New Palasia, Indore. The petitioner was found...
Brajendrasingh Bhadoria Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-14-1989
Reported in: 1990MPLJ536
ORDER1. Shri N. P. Dwivedi, Counsel for the petitioner.2. Shri Arvind Dudhawat, Additional Government Advocate, for the State.3. Shri R. K. Sharma, Counsel for Respondent No. 4.4. Heard counsel. From respondents 1 to 3, return had come in this matter long ago, but from respondent No. 4 yesterday only, return was filed.5. We had been proceeding with this matter on the assumption that this Court had jurisdiction to deal with the grievance which is of refusal of employment as constable in 13th Bn. of Special Armed Forces, Gwalior. It is seriously contended today that this Court does not have jurisdiction to deal with the matter in view of the provisions of section 15(1)(b), Administrative Tribunals Act, 1985. It is contended that M.P. State Administrative Tribunal having come into being, only that Tribunal can deal with the grievance as 'service matters' is defined in section 3(q) of that Act and petitioner's grievance pertains to 'service matters'.6. Shri Dwivedi, petitioner's counsel ha...
Ramkumar Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Sep-14-1989
Reported in: 1990CriLJ546
V.D. Gyani, J.1. By this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ of Habeas Corpus and for setting aside the Preventive Petition Order dated 17-6-1989 (served on the petitioner on 31-5-1989) passed by respondent No. 2, in exercise of powers conferred under Section 3(1)(iii) of the Conservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974 (for short, the Act).2. Respondent No. 3 herein is the sponsering authority, while respondent No. 4 is the in charge of Central Jail, Indore.3. Respondent claimed having prior information and a constant vigil being kept near Rajani building near Mahatma Gandhi Road, Indore, where, according to the information, a sizable quantity of foreign-mark gold was likely to be carried by the petitioner for further delivery, and a Maruti Car bearing Registration No. CIF-1529, carrying foreign-mark gold biscuits, was intercepted in New Palasia, Indore. The petitioner was found to be...
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