Madhya Pradesh Court November 1995 Judgments
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Krishna Electrical Industries (P) Ltd. and ors. Vs. State Bank of Indi ...
Court: Madhya Pradesh
Decided on: Nov-24-1995
Reported in: AIR1996MP188
T.S. Doabia, J. 1. The invoking of the bankguarantee, issued by he State Bank of India,by the Punjab State Electricity Board (hereinafter referred as the Board) as-the subject-matter of this petition, under Article 226 of theConstitution of India. The broad argumentwhich has been advanced on behalf of thepetitioner concern, which furnished the Bankguarantee and which entered into an agreement for sale of material manufactured by it isthat the condition precedent for invoking thebank guarantee are not in existence. It hasbeen urged inter alia that the Board has notassessed the loss which it has sustained onaccount of the alleged non-performance ofthe agreement. Principles of natural justicehave thus been invoked. The argument raisedis that before assessing the compensation orthe loss sustained by the Board, an opportunity of hearing should have been afforded tothe petitioner. Before going into furtherdetails, some of the principles dealing withgrant of injunction with regard to bankguar...
Shakubai @ Geetabai Vs. Kanchanbai and ors.
Court: Madhya Pradesh
Decided on: Nov-24-1995
Reported in: I(1996)DMC256
N.R. Tiwari, J.1. The unsuccessful defendant No. 1 has filed this appeal under Section 96 of the Code of Civil Procedure (though wrongly mentioned as appeal under Section 28 of Hindu Marriage Act in the memorandum of appeal but clarified as noted in the proceedings dated 25.7.1985) against the judgment and decree dated 23.9.1983 rendered by Additional Judge Neemuch to the Court of District Judge, Mandsaur in C.O.S. No. 22-A / 80.2. The facts lie in a narrow compass. The respondent No. 1 (Kanchanbai) claimed to be legally wedded wife of respondent No. 3 (Mohanlal). The respondent No. 3 took the appellant as his wife on the basis of Natra ceremony. Aggrieved, respondent No. 1 filed the aforesaid civil suit seeking declaration that such Natra was invalid, and did not give the appellant the status of wife of respondent No. 3. After contest, the Trial Court passed the decree and declared that Natra between the appellant and respondent No. 3 was illegal and void. The relief of permanent inju...
M.P. State Handloom Weavers Co-operative Federation Ltd. Vs. Shankarla ...
Court: Madhya Pradesh
Decided on: Nov-23-1995
Reported in: (1996)IIILLJ103MP; 1996MPLJ466
ORDERS.K. Dubey, J.1. By this petition under Articles 226/227 of the Constitution of India, the petitioner employer has prayed for quashment of the order dated October 7, 1994 (Annexure P 3) passed by the respondent No. 2 Deputy Labour Commissioner directing the petitioner to maintain status quo ante till the conclusion of the conciliation proceedings concerning the industrial dispute of the transfer of respondent No. 1 from Jabalpur to Gwalior vide order dated September 30, 1994.2. Shri D. K. Dixit, learned Counsel for the petitioner contended that the Conciliation Officer has no power under Section 12 of the Industrial Disputes Act, 1947 (for short 'the Act') to pass an order of injunction or stay. The jurisdiction vests in the Tribunal or the Labour Court when on report of no settlement the industrial dispute is referred for adjudication.3. Shri R. K.. Gupta, learned Counsel for the respondent submitted that it was not an order but was merely an advice under Section 12(2) of the Act...
Commissioner of Income-tax Vs. Smt. Jijibai Shinde
Court: Madhya Pradesh
Decided on: Nov-22-1995
Reported in: [1996]218ITR101(MP)
A.R. Tiwari, J.1. At the instance of the Revenue, the Income-tax Appellate Tribunal, Indore, referred the underrated question of law under Section 256(1) of the Income-tax Act, 1961 (for short 'the Act'), arising out of I.T.A. No. 1096/Ind of 1983 decided by the Tribunal on August 28, 1985 :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is justified in law in holding that land used for agricultural purposes does not come within the definition of capital asset under Section 2(14)(iii) of the Income-tax Act, 1961 ?'Briefly stated the facts of the case are that the assessee owned lands situated in village Bhamori, Tehsil Indore, admeasuring 23.12 acres. The Indore City Improvement Trust, vide notification under Section 68 of the Madhya Pradesh Town Improvement Trusts Act, 1961, proposed to acquire the aforesaid lands. The lands were acquired with effect from November 9, 1973. The possession of the lands was taken over on March 25, 1975. Later, on Janua...
Commissioner of Income-tax Vs. Sambhudayal Dwarkadas
Court: Madhya Pradesh
Decided on: Nov-22-1995
Reported in: [1996]218ITR123(MP)
A.R. Tiwari, J.1. The Commissioner of Income-tax, Bhopal, has filed these four reference applications under Section 256(2) of the Income-tax Act, 1961 (for short 'the Act'), seeking direction to state the cases to this court and to refer the common question of law as proposed in these applications arising out of the order dated July 8, 1993, passed in I.T.A. No. 530/Ind of 1991, I.T.A. No. 529/Ind of 1991, I.T.A No. 528/Ind of 1991 and I.T.A. No. 192/Ind of 1991, respectively. The question of law is extracted below :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that reopening of assessments under Section 147(a) by issue of notice under Section 148 by the Assessing Officer was not proper ?'2. The facts lie in a narrow compass. The assessee filed the return of income. The assessment was framed on the basis of the return under Section 144 of the Act. In appeal, the appellate authority noted that without processing the return file...
Raghubar Dayal Sharma Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-22-1995
Reported in: 1996CriLJ2689
V.K. Agrawal, J.1. This is a petition under Articles 226 & 227 of the Constitution of India, whereby the detention of the petitioner's son Shri Subodh Sharma under Section 3(2) National Security Act, 1980 (hereinafter referred to as the Act) has been challenged, with the prayer that a writ in the nature of Habeas Corpus for production and release of the detenu Shri Subodh Sharma, may be issued and the order of the District Magistrate, Bhopal (Annex. R-3) (mentioned to be Annexure-1 in the petition, but which in fact is 'Annexure R-3'filed with the return of the respondents), directing the detention, as aforesaid, may be quashed.2. The impugned-order Annex. R-3 dated 4th March, 1995 has been passed by Respondent No. 2, District Magistrate, Bhopal under Section 3(2) of the Act for detention of detenu Shri Subodh Sharma on the grounds enumerated in 'Annexure-2'. The said grounds briefly are as below :-(i) On 8-12-1992 during communal roits at Bhopal the detenu with an intention to kill ha...
Mohd. Hanif and ors. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Nov-21-1995
Reported in: [1997]223ITR317(MP)
1. All these aforesaid three references involve common questions of law ; therefore, they are disposed of by a common order :For the convenient disposal of all these aforesaid three references, the facts given in M. C. C. No. 270 of 1987 (Mohd. Hanif and others) are taken into consideration.2. This is a reference under Section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), made by the Tribunal at the instance of the assessees and the following two questions have been referred, for answer, to this court by the Tribunal, which read as under :' (1) Whether the Tribunal did not err in law in labelling a sum of Rs. 73,60,451 (correct amount being Rs. 73,30,736) standing to the accounts of 'Minimum Wages Amanat account', 'Bonus Amanat account' and 'Bidi and Cigar Amanat account' as 'Reserves' of the firm, Kale Khan Mohd. Hanif and consequently including in the net wealth of the assessee his proportionate entitlement in the said alleged reserves ? (2) Whether the Tr...
Oriental Insurance Co. Ltd. Vs. Afsari Begum and ors.
Court: Madhya Pradesh
Decided on: Nov-21-1995
Reported in: 1996ACJ549; (1998)IIILLJ539MP
R.S. Garg, J. 1. The insurance company being aggrieved by the award dated January 23, 1995, passed in claim case No. 66 of 1992 (workmen's compensation) by the Commissioner of Workmen's Compensation, Jabalpur, has preferred this appeal. 2. The brief facts necessary for the disposal of the appeal are that the deceased, according to the allegations of the claimants, was employed as a driver by Respondent No. 4 on his truck MUJ 2092. In the course of the employment when the driver was plying the truck, it met with an accident at Hinganghat, Wardha, Nagpur. The claimants picking up the territorial jurisdiction of Wardha Court, filed an application before the said Court on October 15, 1992. On the very same day, Respondent No. 4 employer also made his appearance and consented to transfer of the case from Wardha (Maharashtra) to Jabalpur (M.P.). After the case was transferred, the insurance company was joined as a party, it appeared and apart from the other defence also submitted that as the...
RamadhIn S/O Ghoor Sahu Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-21-1995
Reported in: 1997(1)MPLJ397
R.P. Awasthy, J. 1. It is an appeal against holding of the accused appellant-guilty for committing an offence punishable under section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.2. Prosecution case is that on 17-12-1985 at about 7.00 p.m., Ramadhin was running here and there while armed with an axe. Punitram (since deceased) and Jagdev (PW/2) followed the accused with the object of snatching axe from him, lest he might cause any injury to anyone. They met the accused on a turning of lane where the accused/appellant dealt a blow by means of an axe on the head of Punitram. The said incident was witnessed by Jagdev (PW/2) Ramkumar Sahu (PW/6), and Chandrahas (PW/7). When Tulsiram (PW/1) came to know about the said incident, he came to the place of incident and found that there was an injury on the head of Punitram, which was profusely bleeding. Tulsiram took Punitram to Government Hospital, Dhamtari, but on medically examining Punitram, the doctor on ...
Udai Bhan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-21-1995
Reported in: 1996CriLJ2254
D.M. Dharmadhikari, J.1. This order shall dispose of both the appeals, Cr. Appeal No. 179 of 1989 and Crl. Appeal No. 205 of 1989 filed by the convict from jail.2. The sole appellant stands convicted Under Section 302, IPC and sentenced to life imprisonment by the judgment dated 31st March 1989 of the Court of Sessions Judge, Datia.3. The case against the accused is that at 2.00 hours in the night intervening 8th and 9th March 1985 while the deceased Phoolsingh was sleeping with his wife P.W. 19, Maya, in his house in village Neemdanda, Police station Diloripar, district Datia, the appellant entered the house and fired with a country made pistol in his hand, by which he shot at the deceased causing instantaneous death of . Phoolsingh.4. The First Information Report was lodged by the village-watchmen, Ex. P/1, in out post police station Magroul and thereafter a regular First Information Report was recorded at Police station Disalipar, Ex. 13. The first report, Ex. P/1 was made promptly ...
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