Madhya Pradesh Court February 1990 Judgments
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Commissioner of Income Tax Vs. Nanakram.
Court: Madhya Pradesh
Decided on: Feb-13-1990
Reported in: (1991)95CTR(MP)269; 1990MPLJ727
B. C. VARMA, J. :The Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur, has referred under s. 256(1) of the IT Act, 1961, the following question for decision by this Court :'Whether on the facts and in the circumstances of the case, the Tribunal was correct in holding that the income arising to the minor sons of the assessee from their admission to the benefits of partnership was not liable to be included in computing the total income of the assessee ?'.2. The assessee in this case is one Nanakram. The years of assessment are 1976-77 and 1977-78. Dilip Kumar and Suresh Kumar, two minor sons of the assessee, were admitted to the benefit of the partnership firm by name M/s. United Service Station, Santa. Yet other two minor sons, Ashok Kumar and Brijlal, were admitted to the benefit of another partnership firm, styled as M/s. Krishna Dal Mills. The assessee himself was a partner in both these firms, as representative of the Hindu undivided family. The ITO while assessing the total ...
Managing Director, Durg Transport Co. Pvt. Ltd. Vs. Commissioner for W ...
Court: Madhya Pradesh
Decided on: Feb-09-1990
Reported in: 1991ACJ595; (1995)IIILLJ238MP; 1990(0)MPLJ547
ORDERD.M. Dharmadhikari, J.1. In the present appeal under Section 30 of the Workmen's Compensation Act, 1923, against the award of the Commissioner of Workmen's Compensation, Durg, the only question that arises for consideration is whether the Insurance Company/Respondent No. 2 can also be made severally and jointly liable for the amount of compensation awarded by the Commissioner of Workmen's Compensation.2. Admittedly, the deceased Dharamdas was employed with the appellant Durg Transport Company as a conductor. He was travelling in a jeep owned by the appellant company and was proceeding on duty for the work of the employer. The jeep met with an accident resulting in his death.3. Learned counsel for the appellant interpreting endorsement I.M.T. 16 of the policy document Ex.D.1 submits that the Insurance Company was liable for payment of compensation as the jeep was insured with the Insurance Company/Respondent No. 2. The endorsement clause I.M.T. 16 of the policy reads as under:-'I.M...
Rudra Pratap Singh Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-09-1990
Reported in: (1991)IILLJ229MP; 1990MPLJ549
S.K. Seth, J.1. Pursuant to an advertisement issued by the M.P. Public Service Commission, the petitioner Rudra Pratap Singh applied for the post of Civil Judge Class II as a Scheduled Tribe candidate and after appearing in the written examination was selected and recommended for appointment under the Scheduled Tribe quota vide intimation dated 8th May, 1987 sent to him by the Commission. Thereafter, since the petitioner's birth place and permanent residence were stated to be at Murar in Gwalior District, on an enquiry made by the State Government from the District authority concerned it was confirmed by the Additional Collector and District Magistrate, Gwalior vide his letter dated 2nd September, 1987 that the petitioner belonged to a Scheduled Tribe and was eligible to receive all facilities granted by the government to the candidates of such tribes. It was also confirmed vide the said letter that the requisite certificate to the above said effect had already been issued by the Sched...
Geeta Bai Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-09-1990
Reported in: II(1991)DMC564
Gulab C. Gupta, J.1. The petitioner, a young widow, is being tried for an offence punishable Under Section 302 I.P.C. for the murder of her husband-Munna alias Jagdish Singh, in the Court of Shri D.N. Joshi, Second Additional Sessions Judge, Sagar and has approached this Court to invoke its extra-ordinary jurisdiction to quash the said charge as the same amounts to abuse of the process of the Court.2. There is no dispute that the petitioner Geeta Bai was married to Munna alise Jagdish Singh in 1986. On 16 8.1987, the said Munna was found dead in his house at about 7 P.m. It is alleged that Munna died because of strangulation. The post-mortem examination of the dead body revealed that the deceased was a healthy young man of stout-built and aged about 23 years. Ligature marks in front of neck just above thyroid-exertilage were also found present. According to medical opinion, the death was due to asphyxia as a result of strangulation. It appears that the petitioner was in the house at th...
Prahlad Dass Verma and ors. Vs. Padma Bai W/O Kishanlal
Court: Madhya Pradesh
Decided on: Feb-09-1990
Reported in: 1991(0)MPLJ49
ORDERcounsel name removed from here1. This matter is disposed' of at the admission stage after hearing counsel. The question is whether the 'provisional rent' determined by the trial Court Under Section 13(2) of the M. P. Accommodation Control Act, 1961 confirmed by the Revisional Court below is assailable in our writ jurisdiction. Because of the limitation of our jurisdiction Shri A. B. Mishra has endeavoured to satisfy us that there was no inquiry and there was no determination of 'provisional rent' therefore, the order passed by the two Courts below is without jurisdiction and those orders should be set aside and an inquiry should be ordered. However, we are unable to appreciate that contention after perusing the order and also material which have come up before us. It is true, that in this Court, Annexure P-1 is filed and that was filed also in the trial Court, i.e. a rent receipt of the year 1946. In that monthly rent mentioned is Rs. 35/-. Basing his contention on that Shri Mishr...
Sheela and ors. Vs. Nankusingh and anr.
Court: Madhya Pradesh
Decided on: Feb-09-1990
Reported in: II(1990)ACC467; 1991ACJ497
S.K. Seth, J.1 It is not in dispute that one Malkhan died as a result of motor accident on 28.8.1983. It is also not in dispute that the vehicle belonged to defendant No. 2, M.P. State Road Transport Corporation. The application for grant of compensation was made by the legal heirs of the deceased to the Motor Accidents Claims Tribunal on 19.12.1983. Claimant Nos. 1 to 3 were the minor children of the deceased. Claimant No. 4 was the widow of the deceased. Claimant No. 5 was the father of the deceased. The total amount of compensation claimed by them against the two defendants, i.e., the driver of the vehicle and its owner was Rs. 95,500/-. After the trial of the claim case, the Tribunal, vide its award dated 19.7.1985 accepted the claim of claimant Nos. 1 to 4 to the extent of Rs. 19,400/-, taking into account the amount of Rs. 1,000/- which had already been paid by the defendant No. 2, Corporation, as ex gratia payment to the said claimants. It was directed by the Tribunal in its awa...
Sadhelal Vs. Jagjeet Singh and anr.
Court: Madhya Pradesh
Decided on: Feb-09-1990
Reported in: 1993ACJ442
S.K. Seth, J.1. The appeal is directed against the order dated 24.4.1989 passed by the Additional Motor Accidents Claims Tribunal, Jabalpur, in M.A.C. No. 118 of 1986. The Tribunal, vide the said order, allowed the application made by the claimant-appellant under Section 92-A of the Motor Vehicles Act and directed the insurance company, respondent No. 2, to pay an amount of Rs. 30,000/- as interim compensation to the claimant-appellant in respect of the two deaths. The contention raised by the claimant-appellant in this appeal is that in addition to the amount of Rs. 30,000/- the Tribunal should have directed the insurance company, respondent No. 2, to pay suitable interest on the said amount from the date of making of the application.2. Having heard the learned Counsel for the parties, in the opinion of this Court, there is merit in the abovesaid contention raised by the claimant-appellant. It is apparent that under Section 92-A read with Section 110-CC of the Act the Tribunal had jur...
Durg Transport Co. Pvt. Ltd. Vs. Commissioner for Workmen's Compensati ...
Court: Madhya Pradesh
Decided on: Feb-09-1990
Reported in: I(1989)ACC686
D.N. Dharmadhikari, J.1. In the present appeal under Section 30 of the Workmen's Compensation Act, 1923, against the award of the Commissioner of Workmen's Compensation Durg, the only question that arises for consideration is whether the Insurance Company/respondent No. 2 can also be made severally jointly liable for the amount of compensation awarded by the Commissioner of Workmen's Compensation.2. Admittedly, the deceased Dharamins was employed with the appellant Durg Transport Company as a conductor. He was travelling in a jeep owned by the appellant company and was proceeding on duty for the work of the employer. The jeep met with an accident resulting in his death.3. learned Counsel for the appellant interpreting endorsement I.M.T. 16 of the policy document Ex. D.I submits that the Insurance Company was liable for payment of compensation as the jeep was insured with the Insurance Company/respondent No. 2. The endorsement clause I.M.T. 16 of the policy reads as under:I.M.T. 16 Lega...
M.D. Durg Transport Co. (P) LTD. Vs. Commissioner For Workman's Compen ...
Court: Madhya Pradesh
Decided on: Feb-09-1990
Reported in: 1(1992)ACC122
D.M. Dharmadhikari, J. 1. In the present appeal under Section 30 of the Workmen's Compensation Act, 1923 against the award of the Commissioner of Workman's Compensation, Durg, the only question that arises for consideration is whether the insurance company, respondent No. 2, can also be made severally and jointly liable for the amount of compensation awarded by the Commissioner of Workmen's Compensation.2. Admittedly, the deceassed Dharamdas was employed with the appellant Durg Transport Company as a conductor. He was travelling in a jeep owned by the appellant company and was proceeding on duty for the work of the employer. The jeep met with an accident resulting in his death.3. Learned Counsel for the appellant interpreting endorsement I.M.T. 16 of the policy document, Exh.D-1, submits that the insurance company was liable for payment of compensation as the jeep was insured with the insurance company, respondent No. 2. The endorsement clause I.M.T 16 of the policy reads as under:I.M....
Babu Joseph Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Feb-08-1990
Reported in: 1990MPLJ417
ORDERT.N. Singh, J.1. Nine years ago, the petitioner came to this Court and lodged the instant petition for redressal of a two-fold grievance complaining brazen violation by respondents 1 to 4 of Articles 14 and 16 of the Constitution and of statutory provisions resulting in his supersession and loss of seniority.2. There are three sets of statutory Rules which fall for our consideration in this case and it is necessary, therefore, to state clearly the position in that regard at the very outset. The Border Security Force Act, 1968, for short, 1968 Act, takes care to indicate vide section 142(1) the fact of prior existence of the 'Force' constituted under the Act; sub-section (3) saves expressly anything done or any action taken generally and also in particular in relation to any person appointed or enrolled in the 'Force'. The Border Security Force Rules, 1969, for short, 1969 Rules, have been framed by the Central Government in exercise of powers conferred under section 141 of 1968 Ac...
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