Madhya Pradesh Court March 1991 Judgments
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Sajjan Singh Laxman Singh and ors. Vs. Phoolibai and ors.
Court: Madhya Pradesh
Decided on: Mar-08-1991
Reported in: 1993ACJ586
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 respondent Nos. 1 to 5 submitted a claim petition before the 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 trolley No. MPU 7176 belonging to the appellant No. 1, Sajjan Singh, which was being used for transport of manure belonging to appellant No. 2, Saitan Singh and was being driven by appellant No. 3, Bahadur Singh. The vehicle was insured with respondent No. 6, the New India Assurance Co. Ltd. While travelling on the aforesaid tractor and trolley, 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 drive...
Sajjan Singh, Laxman Singh and ors. Vs. Phoolibai and ors.
Court: Madhya Pradesh
Decided on: Mar-08-1991
Reported in: 1(1994)ACC43
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 respondent Nos. 1 to 5 submitted a claim petition before the 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 trolley No. MPU 7176 belonging to the appellant No. 1 Sajjan Singh, which was being used for transport of manure belonging to appellant No. 2 Saitan Singh and was being driven by appellant No. 3, Bahadur Singh. The vehicle was insured with respondent No. 6 the New India Assurance Co. Ltd. While travelling on the aforesaid tractor and trolley, 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 B...
Commissioner of Income-tax Vs. Vikram Metal Powder Pvt. Ltd.
Court: Madhya Pradesh
Decided on: Mar-08-1991
Reported in: [1992]193ITR741(MP)
V. S. KOKJE J. - This is an application under section 256(2) of the Income-tax Act, 1961 (for short 'the Act') by the Commissioner of Income-tax, Bhopal, praying for a direction to the Income-tax Appellate Tribunal, Indore Bench, to frame the following question and refer it to this court for its opinion :'Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally correct in directing the Income-tax Officer to apply the decision of the Madhya Pradesh High Court in the case of CIT v. Bhandari Capacitors Pvt. Ltd. : [1987]168ITR647(MP) by which the Hon ble High Court had held that the amount of capital subsidy is not deductible from the actual cost of the assets for the purpose of allowing depreciation ?'An application under section 256(1) of the Income-tax Act was moved before the Tribunal which rejected it following the decision of this court in CIT v. Bhandari Capacitors P. Ltd. : [1987]168ITR647(MP) . A division Bench of this court in CWT ...
Navalmal S/O Pinjamal Vs. Laxmansingh S/O Panchamsingh and anr.
Court: Madhya Pradesh
Decided on: Mar-07-1991
Reported in: 1991(0)MPLJ812
R.C. Lahoti, J.1. The landlord-plaintiff has come up in second appeal aggrieved by the judgment and decree of the lower appellate Court dismissing his suit for eviction of the defendant/respondents.2. The suit premises admittedly owned by the appellant are non-residential one. The appellant filed a suit for ejectment of the defendant/respondents on the grounds available Under Section 12(l)(a), (b) and (f) of M. P. Accommodation Control Act, 1961 (Act, for short). Appellant's entitlement to seek eviction under clauses (a) and (f) has been negatived by the Courts below and those findings have not been challenged. The appellant has persisted in pressing claim for eviction under clause (b) and hence facts relevant to that ground only need be noticed.3. At this stage, it is no longer in dispute that the two defendant/respondents are real brothers, No. l being the elder one. The tenancy commenced on 1-5-1968. The rate of rent is Rs. 26/- per month. The plaintiff alleged that though his shop ...
Commissioner of Income-tax Vs. Shri Cutch Gurjar Kahatriya Samaj Sewa ...
Court: Madhya Pradesh
Decided on: Mar-06-1991
Reported in: [1991]189ITR658(MP)
B.C. Verma, J. 1. The Department wanted the Income-tax Appellate Tribunal to refer the following question for opinion of this court:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that an amount of Rs. 36,078 (assessment year 1977-78) and Rs. 28,280 (assessment year 1978-79) should be allowed as a deduction from the total income of the assessee, when the total expenditure incurred by the trust for charitable purpose during the assessment year fall short of 75 % of the income of the trust '2. The Tribunal refused to state the case and refer the question to this court as it felt that the answer to the question is self-evident We are of the opinion that the Tribunal cannot be said to have committed any error in refusing to refer the question and rejecting the application on that score. Indeed, the question wanted to be referred has already been answered against the Department and in favour of the assessee by this court, in Mohanlal...
Lalchand S/O Bhagwandas Vs. Kanta D/O Narayan Joshi and ors.
Court: Madhya Pradesh
Decided on: Mar-06-1991
Reported in: 1991(0)MPLJ758
A.G. Qureshi, J.1. This appeal is filed against the award dated 27-8-1981 passed by the Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 85 of 1978.2. The facts leading to this appeal, in short, are that the non-applicant/appellant was the owner of scooter CPK 3274. On 12-3-1978 the aforesaid scooter was given by non-applicant No. 1 to non-applicant No. 2 for driving it during the course of the employment, because non-applicant No. 2 was in the employment of non-applicant No. 1 on that date. The aforesaid scooter was insured with non-applicant No. 3 Insurance Company. According to the respondent claimant, on 12-3-1978 she had gone with her parents to the house of one Ratanlal who is related to the claimant; At 2 p.m. she went to the other side of the road of the house of Ratanlal for drinking water and after drinking water from the water tap when she was standing by the side of the road, the Non-applicant No. 2 reached there driving the scooter in question in a rash an...
Jai Narayan Durga Prasad Vs. Satyanarayan Alias Dhonbabu and ors.
Court: Madhya Pradesh
Decided on: Mar-06-1991
Reported in: 1991(0)MPLJ768
ORDERS.K. Dubey, J.1. This is a revision by the plaintiff /petitioner against an order dated 25th October 1990 passed in Civil Suit No. 27-A/1983 by Second Additional Judge to the Court of District Judge, Gwalior, whereby defendants Nos. 1 to 4 were granted permission to produce handwriting expert in relation to two disputed documents (Ext. P-2), a partition deed between plaintiff and defendant No. 1 and his father, and Ext. D-5, a map prepared by the plaintiff which was a part of an agreement to sell in relation to the suit house.2. For deciding this revision, certain facts are material. The plaintiff instituted a suit for declaration of title and for permanent injunction against defendants Nos. 1 to 4, who executed a sale-deed on 19-11-1985 in favour of defendant No. 5 in relation to the suit house, averring therein that a partitions took place between the father of the plaintiff the father of defendant No. 1 as long back as in the year 1949, and since then the parties are in possess...
Abdul Rashid S/O Abdul Ajij and anr. Vs. Shelprabha W/O Harish Pathak ...
Court: Madhya Pradesh
Decided on: Mar-06-1991
Reported in: 1991(0)MPLJ876
ORDERA.G. Qureshi, J.1. This revision petition has been filed aggrieved by the order of the First Addl. Judge to the court of District Judge, Ratlam dated 11-12-1990 whereby the prayer of the applicant made Under Section 10, Civil Procedure Code read with Section 151, Civil Procedure Code has been disallowed. The prayer of the applicant was that he was a driver of the vehicle which met with an accident and as a result of the accident a criminal case No. 2059 of 86 Under Section 304A, Indian Penal Code is pending against him in the court of Chief Judicial Magistrate, Ratlam whereas a claim petition seeking compensation for the death of the deceased as a result of the accident has also been filed in the court of the Additional Judge to the court of the District Judge, Ratlam and, therefore, pending decision in the criminal matter the claim case should be stayed. The learned Addl. District Judge, to the court of District Judge, vide the order impugned has disallowed the prayer of the appl...
Abdul Rashid and anr. Vs. Shelprabha and ors.
Court: Madhya Pradesh
Decided on: Mar-06-1991
Reported in: 1992ACJ441
A.G. Qureshi, J.1. This revision petition has been filed aggrieved by the order of the First Additional Judge to the court of District Judge, Ratlam dated 11.12.1990 whereby the prayer of the applicant made under Section 10, Civil Procedure Code read with Section 151, Civil Procedure Code has been disallowed. The prayer of the applicant was that he was the driver of the vehicle which met with an accident and as a result of the accident a criminal case No. 2059 of 1986 under Section 304A, Indian Penal Code is pending against him in the court of Chief Judicial Magistrate, Ratlam whereas a claim petition seeking compensation for the death of the deceased as a result of the accident has also been filed in the court of the Additional Judge to the court of the District Judge, Ratlam and, therefore, pending decision in the criminal matter the claim case should be stayed. The learned Additional District Judge, to the court of District Judge, vide the order impugned has disallowed the prayer of...
Lalchand Vs. Kanta and ors.
Court: Madhya Pradesh
Decided on: Mar-06-1991
Reported in: 1992ACJ469
A.G. Qureshi, J.1. This appeal is filed against the award dated 27.8.1981 passed by the Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 85 of 1978.2. The facts leading to this appeal, in short, are that the non-applicant/appellant was the owner of scooter CPK 3274. On 12.3.1978 the aforesaid scooter was given by non-applicant No. 1 to non-applicant No. 2 for driving it during the course of the employment, because non-applicant No. 2 was in the employment of non-applicant No. 1 on that date. The aforesaid scooter was insured with non-applicant No. 3, insurance company. According to the respondent-claimant, on 12.3.1978 she had gone with her parents to the house of one Ratanlal who is related to the claimant. At 2 p.m. she went to the other side of the road of the house of Ratanlal for drinking water and after drinking water from the water tap when she was standing by the side of the road, the non-applicant No. 2 reached there driving the scooter in question in a rash a...
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