Madhya Pradesh Court October 1996 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Shyam Sunder Gupta Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Oct-31-1996
Reported in: (1997)138CTR(MP)130; [1998]232ITR135(MP)
A.R. Tiwari, J.1. The applicant-assessee has filed this application under Section 256(2) of the Income-tax Act, 1961 (for short 'the Act'), seeking direction to the Tribunal to state the case and refer the proposed six questions, as mentioned in the application and extracted below, arising out of the order dated March 6, 1992, passed by the Tribunal in ITA No. 640/IND of 1990 for the assessment year 1985-86 after rejection of the application presented under Section 256(1) of the Act and registered as RA No. 117/IND of 1992 on February 15, 1993 :'(1) Whether assessment is vitiated because no approval was taken by the Assessing Officer of the Inspecting Assistant Commissioner before issuance of notice of hearing under Section 143(2)(b) ? (2) Whether assumption of jurisdiction for making fresh assessment by the Assessing Officer was illegal because no reasons stood recorded for reopening of assessment under Section 143(2)(b) of the Income-tax Act? (3) Whether additions made during fresh a...
Keshrimal Bapulal (Huf) and ors. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Oct-31-1996
Reported in: [1997]225ITR427(MP)
A.R. Tiwari, J.1. These miscellaneous civil cases, filed under Section 256(2) of the Income-tax Act, 1961 (for short 'the Act'), are heard as connected, matters and are being disposed of by this common order.2. Miscellaneous Civil Case No. 120 of 1989 arises out of the order dated January 2, 1987, passed by the Tribunal in I.T.A. No. 743/Ind/85, for the assessment year 1980-81 and is connectible with the application presented under Section 256(1) of the Act and registered as R.A. No. 45/Ind/87 decided on December 2, 1988. In this case, the following questions are proposed :' (i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the family arrangement in the instant case amounted to a partial partition covered by Section 171(9) of the Income-tax Act ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that even the genuine family settlements which had not the effect of avoiding...
Satyapal Anand Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Oct-31-1996
Reported in: 1997(2)MPLJ459
A.R. Tiwari, J.1. ACTING Pro-bono publico, the petitioner has filed this petition on 1-5-1990 under Article 226 of the Constitution of India for the under noted reliefs. -(a) The Respondent No. 1 may be directed to exercise the power under Article 370(3) and declare that Article 370 has ceased to be operative immediately w/o loss of any further time, as it has already outlived its just life,(b) The Respondents Nos. 1 and 2 may be directed to take immediate steps to provide the migrants from the valley good living conditions i.e. accommodation, food and all other facilities as are provided to a State Guest to un keep their dignity and to take care of interest of students in particular and other children of theirs,(c) Such other relief as deemed fit and cost of the petition is kindly allowed. X X X-2. The petition is supported by the petitioner's own affidavit dated 2-5-1990 which states that contents are 'true to my own knowledge and belief' and affidavit dated 2-5-1990 of one Shri Mool...
Hamid Khan Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Oct-30-1996
Reported in: AIR1997MP191; 1997(1)MPLJ587
A.K. Mathur, C.J. 1. This is a public interest litigation filed by one Hamid Khan, who is a practising Advocate of Mandla for the apathy of the State Government, or rather a gross negligence on the part of the State Government in not taking proper measures before supplying drinking water from hand-pumps, which has resulted in colossal damage to the population of Mandla District. 2. The hand-pumps which have been sunk by the State Government for supply of drinking water had excessive fluoride contents and on account of that, thousand of persons who consumed water have suffered major set-back in their life either in terms of deformity of various nature, like skeletal fluorosis or dental fluorosis. Therefore, this cause has been brought by a public spirited Advocate before this Court and notices were issued to the respondents. 3. In their return, the respondents have pointed out that the matter came to their light that water of certain tube-wells had excessive flouride which has caused gr...
M.P. Electricity Board Vs. Shankar Nagorao Suhagpure and ors.
Court: Madhya Pradesh
Decided on: Oct-18-1996
Reported in: [1997(75)FLR668]; (1998)IIILLJ960MP
S.K. Dubey, J.1. By this petition under Article 227 of the Constitution of India, the petitioner has challenged the order of reinstatement with full back wages of Respondent No. I passed by Labour Court which was modified by the Industrial Court found that the Respondent No. I had derelicted in his duties as he was found sleeping during his duty hours. Therefore, the Industrial Court directed payment of fifty percent of back wages and fifty percent of back wages were forfeited as a measure of punishment.2. Shri Shailesh Mishra, learned counsel for the petitioner submitted that during the pendency of the petition, the Respondent No. 1 has attained the age of superannuation, that is of 58 years, according to Rule 14 of the Standard Standing Orders which prescribes the age of retirement as 58 years. Therefore, the grievance of the petitioner so far as the reinstatement is concerned, hasbecome infructuous. As regards back wages, learned counsel for the petitioner submitted that respondent ...
Yashwant Singh Chauhan and ors. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Oct-18-1996
Reported in: 1997(2)MPLJ659
ORDERT.S. Doabia, J.1. In this public interest litigation challenge is being made to the entire process of examination held by the State of Madhya Pradesh for the promotional posts of Naib-Tahsildar. It is not in dispute that this process is governed by the Rules known as Kanishtha Prashaskiya Bharati Niyam, 1980. Learned counsel for the petitioners submits that under Rule 7 of the Rules of 1980 60% of the posts are to be filled by the Public Service Commission and 40% are to be filled through departmental candidates. It is vis-a-vis these departmental candidates a grievance has been made. It is stated that 20% of the posts are to be filled out of revenue inspectors; 10% posts are to be filled out of the clerical staff of the Collector's office and the Commissioners' office through departmental examination and 10% of the posts are to be filled out of the Revenue Inspectors and Patwaris. This again is through the departmental examination. In para 4 of the petition it has been specifical...
Salim S/O Abdul Razzak and anr. Vs. Narcotics Control Bureau
Court: Madhya Pradesh
Decided on: Oct-18-1996
Reported in: 1997CriLJ2324; 1998(1)MPLJ82
ORDERJ.G. Chitre, J.1. Heard Shri H. S. Oberai, counsel for the appellants. Shri S. S. Das, counsel for the NCB Delhi. Both of them have been heard at length in reference to evidence on record.This appeal and other appeals have been filed in the month of December, 1995 and the first order has been passed by this Court on 12-1-1996. Since 12-1-1996, all attempts are being made for the purpose of effecting service on the respondent. With lot of efforts respondent could be served on 23-9-1996. Thereafter, Mr. S. S. Das, had sent a telegram requesting for the adjournment. The adjournment was so sought by the respondent for enabling Mr. Das to argue this matter and that was granted in the interest of justice.I.A. 389/96 has been heard.Mr. Oberai submitted that though three prosecution witnesses namely Ratandas, Bhattacharya and Misra have stated on oath in their examination in chief that they had informed the appellants and other co-accused that those accused were having the right to be sea...
Satyanarayan Vs. Tulsiram and ors.
Court: Madhya Pradesh
Decided on: Oct-18-1996
Reported in: 1998ACJ1168
D.P.S. Chauhan, J.1. These are the two appeals filed under Section 110-D of the Motor Vehicles Act, 1939, against the award given by the Presiding Officer of the Motor Accidents Claims Tribunal in Claim Case No. 4 of 1988 Tulsiram and 3 Ors. v. Satyanarayan and Anr. and Claim Case No. 5 of 1988 Daulat and 5 Ors. v. Satyanarayan and Anr., dated 8.9.1992, whereby the Tribunal, in both the cases, gave an award for a sum of Rs. 37,000/- in each case out of which a sum of Rs. 25,000/- in each case was held to be the liability of the United India Insurance Co. Ltd. Both the appeals are by the truck owners.2. The brief facts of the case are that on 11.1.1988 three persons, i.e., Anoop, Brijesh and Manmohan, who were riding on one bicycle, met with an accident with truck No. MIJ 8095 belonging to the appellant herein, as a result whereof, two persons, viz., Brijesh and Manmohan died and Anoop survived. Consequent upon this, the heirs and legal representatives of Brijesh filed a claim petition ...
Commissioner of Income-tax Vs. D and H Secheron Electrodes Pvt. Ltd.
Court: Madhya Pradesh
Decided on: Oct-17-1996
Reported in: [1998]233ITR463(MP)
N.K. Jain, J.1. At the instance of the applicant-Revenue, the Income-tax Appellate Tribunal, Indore Bench, Indore, has stated the case and referred the undernoted questions of law under Section 256(1) of the Income-tax Act, 1961 (for short, 'the Act'), arising out of its common order dated November 11, 1993, passed in I. T. A, Nos. 558/Ind. of 1991 and 921/Ind. of 1990, to this court for its opinion :'(i) Whether, on the facts and in the circumstances on the case, the Tribunal was justified in allowing interest under Section 214 read with Section 244(1A) of the Income-tax Act, 1961, even when Section 214(1A) has come into effect from April 1, 1985, only ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the regular assessment for the purpose of Section 214(1A) is the last assessment and not the first assessment ?' Briefly stated the facts of the case are that the assessee-company for the assessment year 1977-78 was first assess...
Dhannoo Lal Vs. Sub-divisional Officer and anr.
Court: Madhya Pradesh
Decided on: Oct-17-1996
Reported in: [1997(75)FLR833]; (1998)IIILLJ1048MP
D.M. Dharmadhikari, J. 1. The petitioner is agriculturist. Respondent No. 2 was employed with him as an agricultural labourer. By this petition under Article 227 of the Constitution the petitioner assails the order dated May 30, 1985 (Annexure-E) passed by the SDO Seoni Malwa in exercise of his powers as Prescribed Authority under the Minimum Wages Act. By the impugned order, the S.D.O. directed that as the Respondent No. 2 was not paid minimum wages at the rate of Rs. 7.65 p. per day, he should be paid total outstanding wages of Rs. 3078/- plus ten times compensation on the said amount, worked out to Rs. 30,780/-.2. Shri V.S. Shroti, learned counsel appearing for the petitioner submits that the respondent No. 2 had personally appeared before the S.D.O. alongwith the petitioner and submitted an application in writing on May 24, 1985 (Annexure-D) stating that he had received the arrears of minimum wages and as there existed no dispute he did not wish to prosecute the case. The S.D.O.in ...
- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »