Madhya Pradesh Court June 1990 Judgments
Arundhati Vs. Ajay
Court: Madhya Pradesh
Decided on: Jun-30-1990
Reported in: I(1991)DMC157
Gulab C. Gupta, J.1. The applicant, by filing this application under Section 482 Cr. P.C., seeks to challenge the legal validity of proceedings in Misc. Judicial Case No. 70 of 1985 pending before the Chief Judicial Magistrate Ambikapur and prays that those proceedings including the order dated 13-5-85 (Annexure-5) passed by the said Chief Judicial Magistrate be quashed as it amounts to abuse of the process of the Court, resulting in gross miscarriage of justice.2. The petitioner is the legally married wife of respondent. They were married in February, 1979 in Bhandara and have two children viz Parimal, who was about 4-1/2 years old at the time of filing this application and Nachiket, who was about 2-3/4 years old on the date of this application. It appears that they could not live together because of serious differences between them. The petitioner left the respondent in July 1982 to give birth to her second child at her father's place. She is since then staying with her parents at Bh...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Mst. Subano Bai and anr.
Court: Madhya Pradesh
Decided on: Jun-27-1990
Reported in: II(1992)ACC317
K.M. Agarwal, J.1. This Miscellaneous appeal under Section 110-D of the Motor Vehicles Act, 1939, (in short, the 'Act'), by the Insurance Company is directed against an interim award made by the Claims Tribunal in exercise of its powers under Section 92-A of the Act.2. The claimants being the widow and the daughter of deceased Ramdas preferred a claim for compensation under Section 110 of the Act alleging that Ramdas met with an accident on 28.5.1988 with a dumper truck No. CPL 6204, driven by one Tejnarain, owned by the South Eastern Coal Fields Ltd and the Sub Area Manager of South Eastern Coal Fields Ltd. and insured with the appellant. After the accident, Ramdas was removed in the hospital where he died on 12.8.1988 as a result of the injuries sustained in the accident dated 28.5.1988. They also made an application for interim award under Section 92-A of the Act. It was resisted by the appellant as also by the driver and the owners of the ill-fates vehicle. After herein the learned...
Tag this Judgment!Suraj Singh Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jun-26-1990
Reported in: AIR1991MP183; 1991(0)MPLJ657
T.N. Singh, J. 1. In this matter elaborate and strenuous arguments have been advanced arduously before us by petitioner's counsel Shri Tomar on the validity of the order (Annexure P-6) passed on 11-1-1990 by the appellate authority, respondent No. 3, assailing it to be an order passed without jurisdiction. Counsel submitted that the Additional Commissioner had no jurisdiction to pass the impugned order refusing to restore to file the appeal dismissed for default. Counsel contended that such a disposal was not contemplated in law, because the appel-lant had to be heard for exercise of the appellate jurisdiction. Admittedly, the appeal was dismissed for default on 2-9-1986, and for restoration the application was made on 26-5-1988, which was disposed of by the impugned order. The appeal had been preferred against an order passed on 28-6-1983 by Competent Authority (respondent No. 2) under Section 8(4) of the Urban Land (Ceiling and Regulation) Act, 1976, for short, the 'Act', declaring a...
Tag this Judgment!Amolakchand Kewalchand Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jun-23-1990
Reported in: [1991]188ITR127(MP)
K.M. Agarwal, J. 1. In pursuance of a direction made by this court on July 13, 1982, in Miscellaneous Civil Cases Nos. 539 to 542 of 1979 at theinstance of the assessee, the Tribunal has stated the case under Section 256(2) of the Income-tax Act, 1961 (in short, 'the Act'), and submitted the following question of law for our opinion :'Whether, on the facts and in the circumstances of the case, the Income-tax Officer was right in law in granting relief to the assessee under Section 80J of the Income-tax Act, 1961, in the rectification proceedings taken under Section 154 of the Act ?'2. It came to the notice of the Commissioner of Income-tax that during the assessment proceedings pertaining to the assessment years 1969-70, 1970-71, 1971-72 and 1972-73, the assessee-firm did not file any claim for deduction under Section 80J of the Act and no such claim was allowed in the orders of assessment. Subsequently, the assessee filed applications under Section 154 of the Act on December 9, 1974, ...
Tag this Judgment!Commissioner of Income-tax Vs. Agha Abdul Jabbar Khan
Court: Madhya Pradesh
Decided on: Jun-23-1990
Reported in: [1991]187ITR587(MP)
K.M. Agarwal, J. 1. This is a reference under Section 256(1) of the Income-tax Act, 1961 (in short, the 'Act'), at the instance of the Department. The Tribunal 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 holding that the direction given by the Appellate Assistant Commissioner was wholly unwarranted and redundant ?'2. Initially the assessment of the assessee for the assessment year 1964-65 was made on September 6, 1968, on a total income of Rs. 59,380 which included the amount of Rs. 30,972 representing the income derived from capital gain on acquisition of certain land by the Government and from sale of certain house. The compensation for the acquired land was subsequently enhanced by the District Judge at the instance of the assessee which was upheld in appeal by the High Court. The Income-tax Officer, thereafter, initiated proceedings under Section 140A, (si...
Tag this Judgment!Union of India (Uoi) Vs. Incharge Police Station and anr.
Court: Madhya Pradesh
Decided on: Jun-23-1990
Reported in: 1992CriLJ1320
ORDER1. Petitioner, Union of India, has moved this Court through Assistant Director of Income-tax (Investigation) at Gwalior, assailing the validity of the proceeding of the Court of Shri A.K. Samadhiya, Judicial Magistrate, First Class, Gwalior, in a case of 1990 Bundle file in which the order was passed on 30-4-1990 at 11.00 a.m.2. We were moved on 2-5-1990 and we passed an interim order on LA. 1/90 filed in this matter. We directed that the sum of Rs. 3,15,000/- which were seized in cash on 24-4-1990 from one Kallu alias Awadh Bihari s/o Tulsiram Agarwal, resident of Gandigar-Ka-Tapra, Jhansi and ordered to be paid to him by respondent No. 2 Shri A.K. Samadhiya, Judicial Magistrate, First Class, Gwalior, to be deposited by S.H.O. Jangakganj, Police Station, Gwalior, (who was holding the money) with Additional Registrar, High Court of M. P. Bench Gwalior. We directed that the money so deposited in this Court shall not be disbursed in any manner without this Court's prior permission.3...
Tag this Judgment!Hind Griha Nirman Sahakari Samiti Maryadit, Jabalpur Vs. Jabalpur Deve ...
Court: Madhya Pradesh
Decided on: Jun-22-1990
Reported in: AIR1991MP1; 1991(0)MPLJ279
B.C. Varma, J.1. The Jabalpur Development Authority (respondent No. 1) initiated a housing scheme No, 15. This scheme came into force from 11-9-1984. It embraced lands in village Baitla, district Jabalpur. Before, however, the scheme could be formulated and finally published, the petitioner, which is a housing co-operative society, had already entered into an agreement with the holders, Smt. Gangubai Gaikwad and others, for development of the land comprised in that scheme. The petitioner, therefore, requested the Jabalpur Development Authority (hereinafter referred to as the 'J.D.A.') to release only that part of the land from the scheme No. 15, in respect of which the petitioner had entered into an agreement with Smt. Gangu-bai. After some negotiations, the J.D.A. agreed that in lieu of cash price to be paid as compensation for acquisition of the land to Smt. Gangubai it shall lease out an area to the extent of 20 per cent of the plots in favour of Smt. Gangubai or her nominee. The to...
Tag this Judgment!Commissioner of Income-tax Vs. Nirmal Kumar and Co.
Court: Madhya Pradesh
Decided on: Jun-22-1990
Reported in: [1991]188ITR631(MP)
K.M. Agarwal, J.1. By this application under Section 256(2) of the Income-tax Act, 1961 (in short, the 'Act'), the Revenue has applied to this court for requiring the Appellate Tribunal to state the case and to refer it for the opinion of this court on the following two proposed questions of law :'1. Whether the Tribunal has construed the partnership deed reasonably and properly by holding that since the partners had declared that the profits will be divided amongst the four partners in equal ratio, whether they are minors or majors, and the losses were to be borne by the two senior partners, it could be inferred that they have decided not to burden Shri Tarun Kumar with the share of loss in the firm even after he had become a partner on attaining majority ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in holding that there was no change in the constitution of the firm and the assessee was entitled to continuation of registration of th...
Tag this Judgment!Jaswant Rao Vs. Kamlabai and anr.
Court: Madhya Pradesh
Decided on: Jun-21-1990
Reported in: 1991ACJ344; AIR1990MP354
S.D. Jha, J. 1. This order will dispose of the appellant's application for exemption from depositing the amount of Rs. 25000/-(I.A. No. 241/90) and respondent's objection under proviso to Section 173(1) of the Motor Vehicles Act, 1988, as to deposit of Rupees 25000/- or 50% of the amount so awarded, whichever is less, in the manner directed by this Court. 2. At the hearing of applications Shri N. S. Purohit, for the appellant and Shri R. C. Kochatta, for the respondents-objectors, were heard. 3. Shri Purohit mainly relying on the decisions of this Court in Lakhmichand v. Mitthu, AIR 1984 Madh Pra 112; Chuluram v. Bhagatram, AIR 1980 Madh Pra 16; Sitaram v. Chaturao, 1981 Jab LJ 171 and Dattatray v. Mangal, AIR 1983 Madh Pra 82 submitted that the appeal under the old Motor Vehicles Act, 1939, did not require any such deposit being made and Section 217 of the Motor Vehicles Act, 1988, providing for repeal and savings does not show that the new provision is to apply to appeal against awar...
Tag this Judgment!Raghuvirsingh S/O Devisingh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jun-20-1990
Reported in: 1991(0)MPLJ268
K.L. Shrivastava, J.1. This appeal is directed against the judgment dated 12-7-1984 passed by the Additional Sessions Judge, Neemuch in Sessions Trial No. 11 of 1984 whereby the appellant was tried for the murder of Jagdishsingh and has been convicted Under Section 323 of the Indian Penal Code and has been sentenced to undergo 6 months' rigorous imprisonment and a fine of Rs. 200/- and in default to undergo imprisonment for 2 months.2. According to the prosecution it was at about 4 p. m. on 2-10-1983 that the appellant Raghuvirsingh aged 25 years resident of village Tokara, had several times kicked his covillager Jagdishsingh aged 10 years on his stomach. On hearing the cries of the victim, his sister Munnibai aged 14 years (P. W. 4) had come out of her residence and had seen the appellant kicking the victim and on being asked to desist from so doing, he had threatened her. It was after the appellant had left the place that Munnibai took Jagdish Singh inside her residence and on being ...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »