Madhya Pradesh Court September 1989 Judgments
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Ravi Mohan Vs. Commissioner of Wealth-tax
Court: Madhya Pradesh
Decided on: Sep-13-1989
Reported in: [1989]180ITR667(MP)
G.G. Sohani, Actg. C.J.1. The judgment in this case will govern the disposal of Miscellaneous Civil Cases Nos. 524 and 525 of 1984.2. By these references 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 Tribunal was justified in law in refusing the exemption under Section 5(1)(iv) of the Wealth-tax Act, 1957, against the value of the cinema building owned by the firm wherein the assessee had one-fourth share ?'3. The material facts giving rise to these references are as follows : For the assessment years in question, the assessee was a partner in a firm having one-fourth share in the said firm which owned a cinema building. While framing the assessment under the Act, the Income-tax Officer took into consideration the value of the cinema building. On appeal, the...
Rajkumar and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-13-1989
Reported in: 1990MPLJ289
ORDERFaizanuddin, J.1. This is a petition under Articles 226 and 227 of the Constitution of India filed by the three petitioners, namely Raju alias Rajkumar, Santosh and Mahesh for issuance of a writ of Habeas Corpus on the following averments:-2. All the three petitioners were arrested on 6-4-1989 by Garha Police, in Crime No. 240/89 for an alleged offence under section 376/34 of the Indian Penal Code. They were produced before the Chief Judicial Magistrate, Jabalpur, who by a warrant issued on 7-4-1989 remanded them to judicial custody till 20-4-1989. Thereafter on 20-4-1989 as well as on several subsequent dates, the petitioners were produced before the Chief Judicial Magistrate who granted judicial remands from time to time in the absence of the petitioners and, therefore, it is alleged that their detention is illegal and they are entitled to be set at liberty by issuance of a writ of Habeas Corpus.3. The respondent/State had filed the return on 30-6-1989 through Shri C. D. Madan, ...
Commissioner of Income-tax Vs. Raipur Pallottine Society.
Court: Madhya Pradesh
Decided on: Sep-13-1989
Reported in: (1989)80CTR(MP)127; [1989]180ITR579(MP)
G. G. SOHANI, ACTG. C.J. - As directed by this court, the Income-tax Appellate Tribunal, Nagpur 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 directing the Income-tax Officer to allow depreciation to the assessee-trust as claimed by it ?'The material facts giving rise to this reference, briefly, are as follows : The assessee is a religious and charitable institution and was assessed in the status of an association of persons. For the assessment year 1973-74, the assessee claimed depreciation of Rs. 45,650 on its assets. That was disallowed. Aggrieved by the order passed by the Income-tax Officer, the assessee preferred an appeal. The Appellate Assistant Commissioner upheld the order passed by the Income-tax Officer in this behalf. On further appeal before the Tribunal, the Tribunal held that, on assets held by the assessee trust, the assessee was entitled to ...
Kailash Narayan Deewan Vs. Baboolal Suresh Chand
Court: Madhya Pradesh
Decided on: Sep-12-1989
Reported in: AIR1990MP262
ORDERS.K. Dubey, J. 1. This revision under Section 23-E of the M.P. Accommodation Control Act, 1961, as amended (for short, the 'Act') has been preferred by the landlord-petitioner against an order dated 2-4-1986, passed by the Rent Controlling Authority, Gwalior, (for short 'Rent Controller') in Case No. 56/84-85/90-7. 2. Brief facts leading to this revision are : The petitioner is a retired Government servant, who retired on 31-5-1980 from the post of U.D.C. in the office of Joint Director, Veterinary Departent, Gwalior. The petitioner filed an application on 21-11-1984 under Section 23-A (b) of the Act before the Rent Controller invoking special provision for eviction of the respondent from the suit-shop, averring that the respondent is his tenant on a monthly rent of Rs. 90/- in the suit-shop; the suit-shop was let out by the petitioner to the respondent as owner initially in the year 1971; the petitioner filed a regular Civil Suit No. 13-A/1976 for eviction of the respondent on th...
Smt. Kamla Devi Mantri Vs. Grasim Industries Ltd. and anr.
Court: Madhya Pradesh
Decided on: Sep-12-1989
Reported in: [1990]69CompCas188(MP); 1990(0)MPLJ61
A.G. Qureshi, J. 1. Smt. Kamla Devi Mantri, residing at 6/3 Queens Park, Calcutta, has filed this petition under Section 155, read with Section 108 of the Companies Act, 1956, against Grasim Industries Ltd., Birlagram, Nagda (hereinafter referred to as 'the company') and Smt. Sarla Devi Somani.2. The company is incorporated under the corporate name and style of Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd. The authorised share capital of the company is thirty crores and fifty lakhs divided into 2,50,00,000 ordinary shares of Rs. 100 each. The paid-up share capital of the company is Rs, 23,07,00,000 divided into 2,15,90,000 ordinary shares of Rs. 10 each fully paid-up and 1,48,275 preference shares of Rs. 100 each fully paid-up. The aforesaid share capital of the company and the objects with which the company was established, as enumerated in para 5 of the petition, are not in dispute. Articles 44, 45, 46, 47, 50, 51, 54, 55, 56, 58, 59 and 60 as enumerated in para 5(b) are also not in disput...
Kamla Bai Gopalrao Jamdar Vs. Chief Judicial Magistrate and anr.
Court: Madhya Pradesh
Decided on: Sep-12-1989
Reported in: 1990CriLJ2550
ORDERR.C. Lahoti, J.1. The grievance raised in this petition is of a nature which seldom comes up to this Court for adjudication.2. Earlier on 1-7-89, the petitioner had addressed a letter-petition to this Court which was taken cognizance of under Section 482 Cr. P.C. she complained that the Chief Judicial Magistrate, Gwalior was not accepting the bail bonds offered on behalf of her son, who was an under-trial prisoner. At the hearing the petitioner absented herself and having perused the record, this Court observed that it was for the learned Magistrate to satisfy himself about the solvency or the bona fides of the surety; no action could be taken on a vague petition. It was dismissed summarily on 18-7-1989.3. Thereafter the petitioner filed this petition in the nature of a writ petition seeking a direction to the C. J.M. Gwalior, to accept the bail bonds offered by the petitioner and release her son. A Division Bench of this court entertained the petition, but on being apprised of th...
Meenakshi Vs. Anil Kumar
Court: Madhya Pradesh
Decided on: Sep-11-1989
Reported in: I(1990)DMC350
K.L. Shrivastava, J.1. This is an application under Section 24 of the Civil Procedure Code 1908 (for short 'the Code') for transfer of the proceedings under Section 13 of the Hindu Marriage Act 1955 (for short 'the Act') from the Court of the District Judge Indore to the Court of District Judge, Ratlam. 2. Circumstances giving rise to the application are these. The petitioner is the wife of the non-applicant. The non-applicant first filed ae application under Section 9 of the Act for restitution of conjugal rights which he ultimately got dismissed on 18-11-85. Later on 22-11-85 he filed the aforesaid application under Section 13 of the Act in the Court of D.J. Indore for dissolution of the marriage by a decree for divorce. 3. The petitioner first moved the District Judge Indore for transfer of the case to Ratlam and later got it dismissed as the District Judge had no jurisdiction to pass such an order. 4. Subsequently on 18-11-87 the petitioner moved the High Court by an application un...
Gwalior Transport Co. Ltd. Vs. National Insurance Co. Ltd. and anr.
Court: Madhya Pradesh
Decided on: Sep-08-1989
Reported in: 1991ACJ811
R.C. Lahoti, J.1. The defendant, a common carrier, has come up in appeal, aggrieved by a decree awarding damages against it for the loss caused to the goods in its custody for the purpose of transportation.2. It is not disputed that the respondent No. 2 booked 60 bales of viscose staple fibre with the appellant for the purpose of transportation from Birlanagar, Nagda to Gwalior. At the destination, 11 bales were found wet. The respondent No. 2 insisted upon open delivery. The survey of water soaked bales was conducted by C.P. Sarwahi, PW 2, a licensed surveyor. The bales were insured with the respondent No. 1, an insurance company. The respondent No. 2, M/s. Jiyajee Rao Cotton Mills, Birlanagar, Gwalior, lodged a claim with the insurance company. The cost price of contents of 11 bales was Rs. 12,688.50. The salvage was valued at Rs. 3,172/-. An amount of Rs. 9,516.50 was paid by the respondent No. 1 to respondent No. 2 by way of damages for the loss caused to the staple fibre. The clai...
Vikramsingh and anr. Vs. the Collector, District Dewas and ors.
Court: Madhya Pradesh
Decided on: Sep-07-1989
Reported in: AIR1990MP96; 1989MPLJ817
V.D. Gyani, J.1. The order in this petition shall also govern the disposal of Misc. Petition No. 1057 of 1989 (Babulal S/o Durgaji Patel v. The Collector, District Dewas and another) and Misc. Petition No. 1062 of 1989 (Rameshwar S/o Chainsingh v. The Collector, District Dewas and another), as all these petitions, relate to constitution and appointment of a committee, otherwise known as Administrative Committee for respective Gram Panchayats.2. The Government of Madhya Pradesh, on 11th July, 1989, promulgated an Ordinance No. 3 of 1989 known as Madhya Pradesh Panchayat (Sanshodhan Tatha Vidhi Manyakaran) Adhyadesh, 1989, (for short 'the Ordinance') amending thereby Sections 15 and 17 of the M.P. Panchayat Adhiniyam, 1981 (for short 'the Acf). This was followed by Memo No. 2670/22 Panchayat Raj/89 dated 12th July, 1989, and Memo No. 2684/22/Panchayat Raj/89 dated 17th July, 1989. Further clarified by Memo No. 2711-1562-22-Panchayat Raj-89 dated 21st July, 1989 which provided for guideli...
Harbans Singh Vs. Smt. Margrat G. Bhingardive
Court: Madhya Pradesh
Decided on: Sep-07-1989
Reported in: AIR1990MP191; 1990MPLJ112
Faizanuddin, J.1. This case, on a reference by a learned single Judge of this Court, was placed before this Full Bench, for consideration and opinion of a question of law as to the ambit and scope of Section 23-J read with Section 23-A of the Madhya Pradesh Accommodation Control Act, 1961 (Act No. 41 of 1961).2. The necessary facts giving rise to the legal question are not in serious dispute and lie in a narrow compass. The non-applicant is a co-sharer-owner of the suit premises along with her two major sons, she being the widow of her late husband G. D. Bhingardive who had purchased the same. The non-applicant being a widow initiated proceedings before the Rent Controlling Authority, Jabalpur, by filing an application under Section 23-A(a) of the M. P. Accommodation Control Act, 1961 (for brevity referred to as 'the Act') for eviction of tenant, the applicant herein, from the premises in his occupation originally on the plea that the said premises were required bona fide by her for oc...
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