Madhya Pradesh Court January 1995 Judgments
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Shiv Narayan Shivhare Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jan-24-1995
Reported in: [1997]224ITR294(MP)
A.S. Tripathi, J. 1. These two cases arise out of the order dated October 31, 1986, passed in Reference Application No. 499/(Del) of 1986 by the Income-tax Appellate Tribunal, 'B' Branch, New Delhi, whereby the two cross appeals, namely, I. T. A. No. 966/(Del) of 1984 and I. T. A. No. 2677/(Del) of 1984 and cross-objections No. 146 of 1984, relating to the assessment year 1975-76 were dismissed. These two petitions have been presented under Section 256(2) of the Income-tax Act, 1961, in respect of the assessment year 1975-76. Both these cases are being disposed of by this common order and Miscellaneous Civil Case No. 135 of 1987 shall be the leading case.2. In Miscellaneous Civil Case No. 135 of 1987, the petitioner/assessee, Shiv Narain Shivhare, prays that the Income-tax Appellate Tribunal did not mention the points raised and refused to refer the questions of law which were necessary to be decided in this case. The following two questions of law are framed by the petitioner in this ...
United India Insurance Co. Ltd. Vs. Nyaldabai and ors.
Court: Madhya Pradesh
Decided on: Jan-24-1995
Reported in: 1996ACJ683
R.D. Shukla, J.1. This appeal is directed against the award dated 9.7.1990 passed by M.A.C.T., Dhar, in Claim Case No. 8 of 1987 whereby the claimant-respondent Nos. 1 to 8 have been awarded a compensation of Rs. 3,00,000/- with interest at the rate of 12 per cent per annum from the date of application till realisation of the same for the death of Sitaram who was the husband of respondent No. 1 and father of respondent Nos. 2 to 8 and died in a motor accident on 11.1.1987 near village Thapla of District Dhar. The appellant and the respondent No. 9 have been jointly and severally held responsible for payment of compensation.This appeal has been filed by the insurance company against the quantum of compensation and is further questioning the liability imposed on it.2. The brief history of the case is that deceased Sitaram was engaged in the business of purchase and sale of cattle including goat, she-goat, buffalo and she-buffalo. On the date of incident, he had hired the motor Matador (m...
New India Assurance Co. Vs. Indarabai and ors.
Court: Madhya Pradesh
Decided on: Jan-24-1995
Reported in: II(1995)ACC173
Fakhruddin, J.This is an appeal by the Insurance Company, against the Award dated 19.9.90, passed by the Member, Motor Accident Claims Tribunal, Gwalior, in Claim Case No. 169/88.1. The accident occurred on 2nd October, 1986. The deceased Pappu alias Ramcharan met with an accident while he was travelling in a Tempo No. MBG 0003, insured with the appellant, drivern by respondent No. 5, Pappu s/o Radheshyam and owned by respondent No. 6, Rameshwar Dayal. Respondent Nos. 1 to 4 are the claimants being LRs of Pappu @ Ramcharan. They filed a claim petition before the Tribunal. The Claims Tribunal, after considering the facts and circumstances of the case, came to the conclusion that the accident occurred due to rash and negligent driving of the vehicle by the driver, respondent No. 5, hence, awarded a sum of Rs. 69,000/- with interest @ 12% p.a. and fixed the entire liability on the appellant-Insurance Company.2. Mr. B.N. Malhotra, learned Counsel appearing on behalf of the appellant, fairl...
Smt. Kajala Devi Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jan-23-1995
Reported in: AIR1996MP35
D.P.S. Chouhan, J. 1. Judgment in this appeal will also govern F.A. No. 36/85. Smt. Kajala Devi by means of the writ petition being M.P. No. 771/92 approached this Court against the order passed by the Tax Recovery Officer, Income-tax Range Raipur in exercise of power under Rule 11 of the Rules in Second Schedule to the Income-tax Act, 1961. The writ petition, as per the statement of the learned counsel for the appellant, was admitted and was pending in this Court, consequent upon coming into force the Constitution (42nd Amendment) Act, 1976, the said petition was dismissed as having become abated. The order of this Court is dated 23-3-1979 an extract of which is quoted below: 'The petitioner's claim to certain houses, which were attached for recovery of arrears of income-tax against one Parasarani Gupta, was disallowed by the Tax Recovery Officer. The petitioner's remedy lay in filing a suit under Sub-rule (6) of Rule 11. The petition is not maintainable under Article 226 of the Const...
Harsingh Extraction and Allied Products Pvt. Ltd. Vs. State of M.P., T ...
Court: Madhya Pradesh
Decided on: Jan-20-1995
Reported in: AIR1995MP242; 1995(0)MPLJ957
U.L. Bhat, C.J.1. First petitioner, a private limited company, having a solvent extraction plant and consuming electricity for the plant over which electricity duty is payable under the M. P, Electricity Duty Act, 1949 (for short the Act), has filed this writ petition challenging the vires of the note to the definition of 'factory' in item 2(c) of the Table providing for rates of duty under the Act as introduced by M. P. Amendment Act 46 of 1984 and seeking direction for refund of higher duty recovered illegally from the petitioners. Return has been filed on behalf of the respondents.2. Section 3 of the Act requires payment every month to the State Government duty calculated at the rates specified in the Table appended to the provision on the units of electrical energy supplied to consumers. Different rates have been prescribed for electrical energy sold or supplied for consumption in different kinds of purposes or premises consumption for business, trade or commerce purposes or for pu...
Krishnakant and ors. Vs. M.P. State Road Transport Corporation
Court: Madhya Pradesh
Decided on: Jan-20-1995
Reported in: [1995(70)FLR908]; (1996)ILLJ224MP
C.K. Prasad, J.1. The petitioners in the aforesaid writ petition are the employees of the Madhya Pradesh State Road Transport Corporation (hereinafter referred to as 'Corporation') and working on different posts and they have filed this Writ Application for declaration that the reduction of their pay scale is discriminatory and in violation of Article 14 of the Constitution of India. Further prayer has been made to this Court to direct the respondent Corporation to award the scales recommended by Justice Malik Commission tothem revision of pay scale with the benefit of arrears of salary have been sought from April 1, 1981.2. The petitioners, as stated earlier, are the employees of the Corporation and are working on the posts of Upper Division Clerk, Cashier, Store Keeper etc. On May 31, 1988 the State Government appointed one man pay commission, headed by the Justice M.M. Mafik, a Judge of the High Court to make recommendation for the revision of scales of pay of the employees of the C...
Rishiram Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-20-1995
Reported in: I(1995)DMC558
N.P. Singh. J.1. The appellant was tried for the offence under Sections 304B and 306 of the IPC by the Sessions Judge. Betul in Sessions Trial No. 78/89, on the allegation that he had subjected his wife to harassment and torture to bring more dowry, as a result of which she committed suicide by burning herself. The appellant was acquitted of the charge under Sections 304B and 306 of the IPC but he was convicted for the offence punishable under Section 498A of the IPC and sentenced to undergo R.I. for 2 years and to pay fine of Rs. 2000/- in default to undergo R.I. for further 3 months.2. Shri S.C. Datta Learned Counsel for the appellant has contended that there is no legal evidence to sustain the conviction of the appellant. The appellant has been convicted on mere conjecture and surmises. There is no evidence of PWs on the record to prove that there was any demand of dowry by the appellant and the deceased was subjected to cruelty and harassment by the appellant for not bringing the d...
Smt. Raheeman Bi Vs. District Magistrate and ors.
Court: Madhya Pradesh
Decided on: Jan-20-1995
Reported in: 1995CriLJ3540
R.S. Garg, J.1. By this petition under Article 226 of the Constitution of India, the petitioner Raheeman Bee has prayed that the detention order Anncxurc-P 1 dated 4-5-1994 passed by the District Magistrate in relation to her son, Kasim alias Sheroo be quashed and that her son be released.2. The brief facts leading to the detention order are that on 26-4-1994, Police Superintendent, Jabalpur (II respondent) submitted a report to the District Magistrate suggesting therein that detention order under Section 3(2) of the Act be passed against Kasim. The District Magistrate passed the order of detention. The report and grounds of detention refer to as many as eight grounds which are as under;(a) That on 4-2-1991 at about 7-45 a.m. at Sanjeevani Nagar, Garha, detenu Kasim wrongfully restrained the complainant Jail Narayan, caused simple injury by knife and abused him. Accordingly, offence No. 89/90 was registered at Police Station, Garha, the accused was arrested, charge-sheet was filed agai...
Rajabeti Vs. Virendra Singh
Court: Madhya Pradesh
Decided on: Jan-19-1995
Reported in: II(1995)DMC311
A.S. Tripathi, J.1. This revision has been filed against the order dated 2.7.1991 passed by the Judicial Magistrate, First Class, Gwalior, whereby it was directed that the parties to lead evidence by the next date in the proceedings Under Section 127(2) Cr.P.C.2. The Trial Court had passed an order dated 16.4.1991 directing that the application for modification of the original order granting maintenance Under Section 125 Cr.P.C. be converted into the proceedings for modification of the original order Under Section 127(2), Cr.P.C. The prayer of the non-petitioner was allowed to the, extent that the application be converted as an application Under Section 127(2) Cr.P.C. Thereafter the parties were called upon to enter into the evidence on the point and the Trial Magistrate proceeded to decide the case. Aggrieved by the order dated 2.7.1991 directing the parites to lead evidence on the application for modification of the original order, this revision has been preferred.3. After hearing le...
Leela and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-19-1995
Reported in: II(1995)DMC557
Tej Shankar, J. 1. This petition under Section 482 of the Code of Criminal Procedure has been preferred by Smt. Leela and Manibhushan, under the guardianship of Smt. Leela, against the order dated 16.9.1991 passed in Criminal Revision No. 185/89.2. The facts giving rise to this petition are that a petition under Section 125 Cr.P.C. was moved by the present petitioners before the Judicial Magistrate First Class, Gwalior for grant of maintenance at the rate of Rs. 2500/- per month. They alleged that the petitioner No. 1 was married to Dr. Brijbhushan according to Hindu rites on 8.3.1981. Out of the wedlock a son, applicant No. 2 Manibhushan was born on 31.7.1983. Since then he was living with petitioner No. 1. The opposite parties used to drink heavily. He was of immoral character and used to demand dowry. Thus, the petitioner was mentally and physically tortured. Dr. Vijay Bhushan, her brother had brought her in Diwali in 1982, as on the previous night, the opposite party had beaten her...
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