Madhya Pradesh Court March 1991 Judgments
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Beharilal S/O Ramlal Vs. Jagannath S/O Ramlal
Court: Madhya Pradesh
Decided on: Mar-12-1991
Reported in: 1992(0)MPLJ79
D.M. Dharmadhikari, J.1. In this second appeal, the only question to be decided is one of limitation. By the reversing judgment of the appeal court, the suit was dismissed as barred on the ground that the plaintiff was ousted from the suit lands prior to twelve years of the filing of the suit.2. It is not disputed that the suit, which was filed in the year 1977, for the purpose of limitation would be governed by Article 110 of the Limitation Act, 1963, which prescribes twelve years' period of limitation for a suit of this nature by a person excluded from joint family property, to enforce a right to share therein. The limitation commences when the exclusion becomes known to the plaintiff.3. A few necessary facts for deciding the question of limitation may now be stated. The parties are step brothers. The respondent/defendant is elder of them from the first wife of their father Ramlal, who died in the year 1945. It is also not disputed before me that the property in suit was joint family...
State of M.P. Vs. Chandrahas Dewangan
Court: Madhya Pradesh
Decided on: Mar-12-1991
Reported in: 1992CriLJ711
P.C. Pathak, J.1. This is a reference made by III Additional Sessions Judge (III A.S.J. in short), Raipur, Under Section 395(2) of the Code of Criminal Procedure, 1974 (hereinafter called the 'Code').2. Police Station Bhatapara, in district Raipur arreested accused Chandrahas Dewangan for the offences Under Sections 307, 427, 435, 325 and 323, IPC committed on 27-3-1990, in village Maldi, district Raipur. He filed bail application No. 1025/90, Under Section 439 of the Code which was rejected on 23-6-1990 on merits by the Sessions Judge (Annexure-A). Meanwhile on commitment, the case against the accused was registered as S.T. No. 191 /90 and by order dated 21-6-90, it was allotted and transferred to the Court of III A.S.J. to try it in link-court at Baloda Bazar.3. On 24-7-1990, the accused again filed another bail-application No. 1211/90 under Section 439 before the Sessions Judge, who by his order dated 1-8-90, transferred it for disposal to the Court of III A.S.J. The III A.S.J. by o...
Raghavendrasingh Bhadoria Vs. State Bank of Indore and ors.
Court: Madhya Pradesh
Decided on: Mar-11-1991
Reported in: [1993]76CompCas112(MP)
V.S. Kokje, J. 1. This is a petition by purchaser of a demand draft claiming a restraint order on the drawer and drawee Branches of State Bank of Indore injunctingthem from honouring the demand draft even if presented by the payee. 2. It is necessary to state the facts in brief. The petitioner purchased demand drafts bearing No. 509218 and No. 509219 both dt. 22-2-1991 of the value of Rs. 8,00,000/- and Rs.2,00,000/- respectively from Patrakar Colony Branch of State Bank of Indore. These drafts were drawn on the Marwadi Road, Bhopai Branch of the same bank and were drawn in favour of M/s. Mc DowellDI/AJ/MP68/91/SRK& Co. Ltd. the respondent No. 3. On 22-2-1991 itself, the petitioner wrote to the Patrakar Colony Branch of State Bank of Indore (the issuing Branch) informing of the loss of drafts and requesting to send instructions to drawee branch, not to honour the draft. A report of the loss of drafts, was also lodged with M. G, Road Police Station, Indore. From the photocopy of the rep...
Ashotosh Higher Secondary School Vs. Government of Madhya Pradesh and ...
Court: Madhya Pradesh
Decided on: Mar-11-1991
Reported in: 1991(0)MPLJ823
ORDERS.K. Dubey, J.1. By this petition under Article 226 of the Constitution of India, the petitioner, a recognised institution, challenges the order (Annexures P/l and P/l-A), whereby the examination centre for holding High School and Higher Secondary Examinations has been changed from Government Middle School, Gormi to Old Collectorate, Bhind.2. The material facts leading to this petition are that the petitioner is a recognised educational institution, run and managed by Ram Nath Shiksha Prasar Samiti, Gormi, the total strength of the students, inclusive of 200 girl students, is 2401, who come from nearabout 150 villages to take education in the School at Gormi; the Secretary, Board of Secondary Education, Bhopal, under Regulation 114 of the Board of Secondary Education (Madhya Pradesh) Regulations, 1965 (for short, the 'Regulations'), after satisfying himself that the candidates who are to appear as examinees, have complied with all the requirements for admission to the High School ...
Milan Supari Stores Vs. Assistant Income-tax Commissioner
Court: Madhya Pradesh
Decided on: Mar-08-1991
Reported in: [1992]194ITR72(MP)
V.S. Kokje, J.1. The petitioner is a registered partnership-firm carrying on the business of sale and purchase of supari, pan, masala, tobacco and related products. The petitioner is being regularly assessed by the Income-tax Department as a 'registered firm' since 1973-74. The petitioner-firm filed returns for the assessment year 1977-78 in the status of a registered firm. After hearing the petitioner, examining the books of account, obtaining various clarifications at such hearings, the assessment proceedings were completed and final assessment orders were awaited. It appears that, on December 17, 1986, House No. 12, Daulatganj, Indore, was raided. Certain stocks and other things were seized from the premises. On the basis of bank pass-books found on the premises, a garnishee order prohibiting the Canara Bank from releasing the money in the accounts was passed under purported exercise of powers under Section 132(3) of the Income-tax Act, 1961 (for short 'the Act').2. The aforesaid or...
Commissioner of Income-tax Vs. Steel Ingots Pvt. Ltd.
Court: Madhya Pradesh
Decided on: Mar-08-1991
Reported in: [1992]194ITR560(MP)
V.S. Kokje, J.1. This is an application under Section 256(2) of the Income-tax Act, 1961 (for short 'the Act'), by the Income-tax Commissioner, Bhopal, praying for a direction to the Income-tax Appellate Tribunal, Indore Bench, to frame the following questions and refer them to this court for its opinion :'1. Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the capital subsidy received by the assessee during the year should not be deducted from the cost of plant and machinery for the purpose of development rebate, initial depreciation, depreciation, etc.? Whether, on the facts and in the circumstances of the case, the Tribunal has jurisdiction to enlarge the scope of the relief already granted, providing relief regarding development rebate and initial depreciation as well ?' 2. An application under Section 256(1) of the Act was moved before the Tribunal which rejected it following the decision of this court in CIT v. Bhandari ...
Commissioner of Wealth-tax Vs. Kamla Devi Bhanot
Court: Madhya Pradesh
Decided on: Mar-08-1991
Reported in: [1991]189ITR626(MP)
B.C. Verma, J. 1. Penalty was sought to be imposed for filing an incorrect return under the Wealth-tax Act. The matter went to the Appellate Tribunal which ultimately found that the mistake was on the part of counsel before whom the assessee had placed all the relevant papers. Furthermore, as soon as counsel realised the mistake, he immediately intimated the Appellate Tribunal. On these facts, the Appellate Tribunal concluded that the incorrect statement in the wealth-tax return was bona fide and, therefore, the assessee could not be visited with penalty under Section 18(1)(c) of the Wealth-tax Act. Consequently, no penalty can been imposed.2. An application was made to the Tribunal for referring a question to this court under Section 27(1) of the Act. The application was rejected on the ground that no question of law arose out of the Tribunal's order. The application, therefore, has been filed in this court under Section 27(3) of the Act requiring the Tribunal to state the following q...
Commissioner of Wealth-tax Vs. Rakesh Kumar Agarwal
Court: Madhya Pradesh
Decided on: Mar-08-1991
Reported in: [1992]198ITR256(MP); 1991(0)MPLJ686
B.C. Varma, J.1. Rakesh Kumar Agarwal is an assessee under the Wealth-tax Act, 1957, and the matter relates to the assessment year 1977-78. The assessee has a fixed deposit of Rs. 1 lakh in Dena Bank. He raised a loan against this fixed deposit and, at the relevant time, was indebted to that bank in a sum of Rs. 77,425 under this transaction of loan. He, therefore, claimed deduction of this amount of Rs. 77,425 from his wealth in terms of Section 2(m)(ii) of the Wealth-tax Act, 1957. The contention was that the loan was raised on the security of an exempted asset. This claim for deduction was rejected and the appeal before the Appellate Assistant Commissioner also failed. The assessee preferred a further appeal before the Appellate Tribunal. The Tribunal held that since the fixed deposit receipt was not fully exempt from tax, the loan cannot be said to have been raised on the security of the exempted asset. The Tribunal, therefore, found that the debt to the extent of Rs. 77,425 qualif...
Commissioner of Income-tax Vs. State Bank of Indore
Court: Madhya Pradesh
Decided on: Mar-08-1991
Reported in: [1992]194ITR124(MP)
V.S. Kokje, J.1. This order shall also govern the disposal of M. C. C. No. 104 of 1989 (CIT v. State Bank of Indore'). These are applications under section 256(2) of the Income-tax Act, 1961, (for short 'the Act'), filed by the Commissioner of Income-tax, Bhopal. Reference applications were filed under section 206(1) of the Act, by the Department before the Income-tax Appellate Tribunal, Indore, proposing the following questions of law :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the amount paid by the assessec to the Industrial Development Bank of India as rediscounting charges were deductible in determining the assessee's income from interest on bills purchased under the Interest-tax Act for the assessment years 1982-83 to 1983-84 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deciding the issue of income earned by the bank on drafts, demand drafts and its assessability to int...
Sajjansingh Laxmansingh and ors. Vs. Phoolibai Wd/O Devaji and ors.
Court: Madhya Pradesh
Decided on: Mar-08-1991
Reported in: 1992(0)MPLJ896
A.G. Qureshi, J.1. Aggrieved by the award passed by the Motor Accidents Claims Tribunal, Dewas in Claim Case No. 16 of 1976 dated 21st August, 1981, the appellants have preferred this appeal.2. The facts of the case, in brief, are that the respondents Nos. 1 to 5 submitted a Claim Petition before the lower Tribunal on the allegations that in the intervening night of 11-3-1976 and 12-3-1976 deceased Devaji was travelling in tractor No. MPU-7093 attached with a trolly No. MPU-7176 belonging to the appellant No. 1 Sajjan Singh which was being used for transport of manure belonging to appellant No. 2 Saitansingh and was being driven by appellant No. 3 Bahadursingh. The vehicle was insured with respondent No. 6 the New India Assurance Company. While travelling on the aforesaid tractor and trolly, as a labourer for lifting the manure, the deceased fell from the tractor and was crushed under its wheels. The accident was caused due to the rash and negligent driving of the vehicle by the driver...
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