Madhya Pradesh Court September 1995 Judgments
Divisional Engineer (G and M), M.P. Electricity Board, Katni and anr. ...
Court: Madhya Pradesh
Decided on: Sep-29-1995
Reported in: AIR1996MP203; 1996(0)MPLJ891
R.P. Awasthy, J. 1. Madhya Pradesh Electricity Board (Board in short) has filed the present appeal against the order dated 6-6-95 passed by First Additional District Judge, Murwara in a proceeding which has either been registered as Misc. Judicial Case or Civil Suit No. 33/95 by virtue of which the recovery of an amount of Rs. 55,45,891/- has been stayed subject to the conditions: (1) That the respondent shall pay Rs. 10 lacs in monthly installments of 2,50,000/- from the month of June, 1995 to the month of September, 1995; (2) That the respondent/ non-applicant/ defendant shall furnish security of Rs. 50 lacs to the effect that the non-applicant/defendant shall pay the remaining amount of the bill of recovery of electricity charges from defendant. The Board has also filed revision against the order passed on 17-7-95 by virtue of which the Court has appointed arbitrators to adjudicate upon the dispute regarding the quantum and amount of the electric charges recoverable from the non-app...
Tag this Judgment!Mahendra Singh Yadav Vs. Susti Babloo and Six ors.
Court: Madhya Pradesh
Decided on: Sep-29-1995
Reported in: 1(1996)ACC157
V.K. Agrawal, J.1. This revision is directed against the order dated 26.6.1995 passed in Civil Suit No. 67-B/1994 of the Court of XIV Civil Judge, Class-II, Jabalpur, whereby further proceedings in that civil suit have been ordered to be stayed, in view of pendency of a criminal case filed by P.S. Ranjhi.2. There was an incident of rioting, mischief etc. reported at Police Station, Ranjhi on 5.12.1993. On the basis of that report, a challan against the non-applicants has been admittedly filed for offences punishable under Sections 147/ 148/149/336/ 427 I.P.C. and under Sections 3/5 of Explosives & Substances Act. That criminal case is pending against the non-applicants/accused.3. The applicant/plaintiff has also filed Civil Suit No. 67-B/94 in the Trial Court against the defendants/non-applicants for recovery of compensation on account of wrongful damage caused to his property by the non-applicants/ defendants during the same incident dated 5.12.1993. The Trial Court has stayed the pro...
Tag this Judgment!Hanumantsing Kubersing Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Sep-28-1995
Reported in: 1996(0)MPLJ389
ORDERS.K. Dubey, J.1. This order shall govern the disposal of Misc. Petition No. 2516 of 1984, Krishnapal Singh v. State of M. P. and Anr.; Misc. Petition No. 2517 of 1984, Pannalal v. State of M. P. and Anr.; Misc. Petition No. 2518 of 1984, Yashwant Singh v. State of M. P. and Anr.; Misc. Petition No. 2519 of 1984, Ramchandra Singh v. State of M. P. and Anr.; Misc. Petition No. 2520 of 1984, Mandatar Singh v. State of M. P. and Anr. and Misc. Petition No. 2521 of 1984, Surendra Singh v. State of M. P. and Anr..2. The petitioners in all the petitions are agriculturists, who for their agricultural operations hired labour, Bhils of Tahsil Petalwad, district Jhabua. On some complaints, after investigation concerning Police filed charge sheets under Sections 16, 17 and 18 of the Bonded Labour System (Abolition) Act, 1976 (for short 'the Act') against the petitioners, in the Court of Sub-Divisional Magistrate, Petalwad (for short 'the S.D.M.') in Criminal Case Numbers as mentioned below :S...
Tag this Judgment!Pradeep Rao and ors. Vs. Manoj Kumar Agarwal and ors.
Court: Madhya Pradesh
Decided on: Sep-28-1995
Reported in: I(1996)ACC176; 1996ACJ898
S.C. Pandey, J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988, against the interim award dated 18.4.1990 amounting to Rs. 7,500/- passed by the 6th Additional Motor Accidents Claims Tribunal, Bhopal, in M.C.C. No. 24 of 1989.2. The facts of the case are that the respondent No. 1 was a pillion rider of scooter No. MKC 9231 on 24.5.1989, driven by the appellant No. 1, Pradeep Rao s/o S. Prasanna Rao. The scooter met with an accident with jeep and the right leg of respondent No. 1 was injured. The respondent No. 1, therefore, filed a claim before the Claims Tribunal claiming compensation for the injuries amounting to Rs. 10,23,000/-.3. During the pendency of the claim the respondent No. 1 filed an application for grant of interim award on the basis of no fault liability as provided by Section 140 of the Motor Vehicles Act, 1988.4. The respondent No. 2 in that case took a plea that the insurance company is not liable for payment of interim award because the pillion ...
Tag this Judgment!Commissioner of Income-tax Vs. Shri Lokendra Singh
Court: Madhya Pradesh
Decided on: Sep-27-1995
Reported in: (1995)129CTR(MP)91
1. Heard Shri D.D. Vyas, learned counsel for the applicant, on the question of admission.2. This case and three other cases, namely, Miscellaneous Civil Cases Nos. 494 of 1995, 495 of 1995, and 492 of 1995 have been filed by the Revenue under Section 256(2) of the Income-tax Act, 1961, to direct the Appellate Tribunal to state the case and make a reference. The common assessee is the former ruler of Rutlam State. These cases relate to different assessment years. We dispose of the four cases by this order.3. The common question of law, which is said to arise in these cases, is as follows ;'Whether, on the facts and in the circumstances of the case including, in particular, the fact that part of the official residence of the ex-Ruler of Ratlam who is the assessee-respondent, stood let out, the Tribunal is justified in law in holding that the assessee is entitled to exemption of the value of the said property in its entirety under Section 5(1)(iii) of the Wealth-tax Act, 1957 ?'4. The exe...
Tag this Judgment!Prakash Udasi Vs. Smt. Asha Udasi
Court: Madhya Pradesh
Decided on: Sep-27-1995
Reported in: I(1996)DMC221
A.R. Tiwari, J.1. Prakash, the husband-applicant in matrimonial petition - H.M. Case No. 363 of 1991 (Old No. 233 of 1990) filed in the Court of X Additional judge to the Court of District Judge, Indore fora decree of divorce by dissolution of marriage on the ground of cruelty and desertion under Section 13(A)(B) of the Hindu Marriage Act, is the appellant in this Letters Patent Appeal presented under Clause 10 of Letter Patent.2. Tersely stated facts are that the husband filed the petition on 19.9.1990 and obtained the exparte decree of divorce on 26.3.1991. An order to proceed exparte was passed on 23.2.1991. Simt. Ashadevi, the wife, filed the application under Order IX, Rule 13 of the Code of Civil Procedure, registered as Civil Misc. Case No. 15/92, on 10.8.1991 praying to the Court to make an order setting aside the ex parte decree on the ground that (a) Summons was not duly served; and (b) She was prevented by sufficient cause from appearing on 23.2.1991 on account of non-servic...
Tag this Judgment!Commissioner of Income-tax Vs. Co-operative Processing and Marketing S ...
Court: Madhya Pradesh
Decided on: Sep-27-1995
Reported in: (1995)130CTR(MP)431; [1995]216ITR632(MP)
Shri D. D. Vyas, standing counsel for the Revenue heard.These are applications filed by the Revenue under section 256(2) of the Income-tax Act, 1961, for stating the case and to make a reference of the following common questions :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that ginning and pressing charges received from the members is allowable as an exemption though it was with the aid of power ?(ii) Whether, on the facts and in the circumstance of the case, the Tribunal was justified in holding that the claim of the assessee though not admissible within the provisions of section 80P(2)(a)(v), but is admissible under section 80P(2)(a)(iii) ?(iii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting interest under section 217 ?(v) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in directing the Assessing Officer to verify the claim and to allow...
Tag this Judgment!Commissioner of Income Tax Vs. Co-operative Processing and Marketing S ...
Court: Madhya Pradesh
Decided on: Sep-27-1995
Reported in: (1996)130CTR(MP)431
ORDERBY THE COURT :These are applications filed by the Revenue under s. 256(2) of the IT Act, 1961, for stating the case and to make reference of the following common questions :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that ginning and pressing charges received from the members is allowable as an exemption though it was with the aid of power ?(ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the claim of the assessee though not admissible within the provisions of s. 80P(2)(v) but is admissible under s. 80P(2)(a)(iii) (iii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting interest under s. 217 (iv) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting interest under s. 217 (v) Whether, on the facts and in the circumstances of the case, Tribunal was justified in directing the ...
Tag this Judgment!Rekhaben Manubhai Vajirani Vs. Manubhai Kishanchand Vajirani
Court: Madhya Pradesh
Decided on: Sep-26-1995
Reported in: I(1997)DMC176
Tej Shanker, J.1. This appeal Under Section 28 of the Hindu Marriage Act has been preferred by Smt. Rekhaben Manubhai Vajirani against the order dated 22.9.1994 passed by Smt. Manjusha Namjoshi, Seventh Additional Judge to the Court of District Judge, Gwalior, whereby the petition of the respondent Under Section 13 for dissolution of the marriage has been allowed.2. Briefly narrated the facts are that admittedly the parties were married on 7.11.1979 at Ahmedabad according to Hindu rites and after the marriage they reside at husband's place. Out of this union a son was also born who later on expired. The petitioner alleged that one month from the marriage the present appellant showed her inclination to go to her parents' house and she was sent. The present appellant as well as members of parental family tried to persuade the petitioner to settle at Gwalior but he did not agree. It annoyed the present appellant as well as members of parental family. When she returned to Ahmedabad her beh...
Tag this Judgment!istikhara Begum Vs. Dr. Syed Mohammad Maider and ors.
Court: Madhya Pradesh
Decided on: Sep-26-1995
Reported in: I(1997)DMC95
A.S. Tripathi, J.1. This petition has been presented u/Sec. 407 of the Code of Criminal Procedure for transfer of Criminal Case No. 266/94 pending in the Court of Shri J.K. Verma, Judicial Magistrate First Class, Sironj to any other Judicial Magistrate First Class at Datia or Babra or nearby area.2. The petitioner, in her petition, alleged that a dispute is going on and a petition has been presented u/Sec. 498A of the I.P.C. pending at Sironj. The petitioner, being a lady has to attend the Court and she may not be able to produce her witnesses as number of means of harassment is being adopted by me opposite parties in the course of the trial. The dispute between the parties is regarding the marriage of the petitioner with Dr. Syed Mohammad Haider who is opposite party in the case. The petitioner, in her petition further alleged that on certain dates fixed at Sironj, certain orders were passed by the Court without hearing her Counsel. Further, she herself is feeling danger to her life i...
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