Madhya Pradesh Court February 1996 Judgments
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Grasim Industries Ltd. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-14-1996
Reported in: 1996(0)MPLJ693
ORDERC.K. Prasad, J.1. The petitioner in this writ application prays for issuance of a writ in the nature of mandamus commanding respondents 1 to 3 from issuing prospective licence in his favour for lime stone in the area of 14.733 hectares of land comprising survey No. 39/1 in village Morka Tahsil Jawad Dist. Mandsaur. Further prayer has been made for issuance of a writ in the nature of prohibition restraining respondents 1 to 3 from issuing mining lease in favour of respondent No. 4. Further prayer has also been made for quashing of prospective licence granted in favour of respondent No. 4. Yet another prayer made by the petitioner is for issuance of a writ in the nature of prohibition restraining respondents 1 to 3 from entering into mining lease in favour of respondent No. 4.2. It is relevant here to state that this writ petition was filed on 30-8-1995 and after filing of the said writ petition, on 29-11-1995 mining lease has been granted to respondent No. 4.3. Shorn off the unnece...
United India Insurance Co. Ltd. Vs. Nolan Bai and ors.
Court: Madhya Pradesh
Decided on: Feb-14-1996
Reported in: I(1997)ACC376; 1998ACJ681
S.K. Kulshrestha, J.1. This Letters Patent Appeal has been filed against the order dated 22.8.1986 passed by the learned single Judge of this Court in Misc. Appeal No. 105 of 1982.2. The respondent Nos. 1 to 4 herein had filed an application under Section 110-A of the Motor Vehicles Act, 1939 in the court of M.A.C.T., Balaghat claiming a sum of Rs. 1,10,800/- on account of the death of the husband Muniram, of respondent No. 1 and father of respondent Nos. 2, 3 and 4 in an accident on 7.3.1979 out of the use of the motor vehicle, viz., a bus bearing registration No. MPJ 8626 of the ownership of respondent No. 5, Shastri Brothers driven by Sharda Prasad, the respondent No. 6. The learned Motor Accidents Claims Tribunal had awarded a total compensation of Rs. 10,000/- which was recoverable jointly and severally from the respondent Nos. 5 and 6 and the appellant insurance company. Against the said award dated 12.12.1981 of M.A.C.T. Balaghat, in Motor Accident Claims Case No. 2 of 1980 the ...
Bodhanbai and ors. Vs. Amrik Singh and ors.
Court: Madhya Pradesh
Decided on: Feb-14-1996
Reported in: 1996ACJ970
S.K. Dubey, J.1. This is a claimants' appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Durg, in Claim Case No. 21 of 1981 decided on 1.10.1988 whereby the Tribunal for the death of the deceased Bhonduram, aged about 38 years, caused by motor accident awarded the compensation of Rs. 28,500/- only with interest at the rate of 6 per cent per annum from the date of the award.2. Learned Counsel for the appellants submitted that the deceased was getting a gross pay of Rs. 740/- who left seven dependants, therefore, the deduction of 1/3rd for personal expenses was erroneous. It is also contended that the multiplier applied of 10 is on lower side. In the head of consortium no amount of compensation has been awarded. After applying the method of multiplier a deduction of 10 percent is illegal and improper.3. After hearing Counsel for the parties, we are of the view that the compensation awarded by the Tribunal is on wrong application of law which is ina...
Commissioner of Income Tax Vs. K. AminuddIn and Sons.
Court: Madhya Pradesh
Decided on: Feb-14-1996
Reported in: (1998)146CTR(MP)792
BY THE COURT :This is an IT reference under s. 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the IT Act') at the instance of the Revenue and the following question of law has been referred by the Tribunal for answer of this Court, which reads as under :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the liability of the assessee for the amount of Rs. 61,642 was an ascertained liability under s. 26 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966, and that the said amount was deductible in computing the income of the assessee ?'2. The brief facts giving rise to this reference are thus : The assessment year involved in this case is 1976-77, the previous year ending 31st March, 1976. The assessee has been assessed in the status of a registered firm. The assessee claimed Rs. 61,642 by way of deduction for holiday wages and leave with wages under ss. 21, 26 and 27 of the Bidi and Cigar Workers (Cond...
Manager, Eklehra Colliery Vs. Ramjan and anr.
Court: Madhya Pradesh
Decided on: Feb-13-1996
Reported in: 1997ACJ294; (1998)IIILLJ1103MP
S. K. Dubey, J. 1. Aggrieved of the order dated April 23, 1987, passed in Case No. WC/44/84/NP by Workmen's Compensation Commissioner, Jabalpur, the employer has filed this appeal under Section 30 of the Workmen's Compensation Act, 1923, (for short 'the Act').2. The workman was employed in Eklehra Colliery and because of the nature of duty he suffered occupational disease, namely, pneumoconiosis but the employer did not pay any compensation on account of disability suffered. Therefore, the workman filed an application under Section 3 of the Act. The defence of the employer is that the workman did not suffer with the disease. The Commissioner, therefore, got the workman examined by the Medical Board who assessed the disability and loss of earning capacity at the rate of 50 per cent, hence declared the workman unfit to perform his duties. On this the Commissioner held that it was a case of 100 per cent loss of physical capacity because the workman was incapacitated to do his work as dise...
Smt. Kamlabai Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Feb-12-1996
Reported in: [1996]221ITR674(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 a direction to the Tribunal to state a case and refer the questions of law as proposed arid extracted below arising out of the order dated November 29, 1986, passed by the Tribunal in I. T. A. No. 632/(Ind) of 1985 :'(1) Whether, on the facts and circumstances of the case, the conclusions arrived at by the Appellate Tribunal are not arbitrary, capricious, inconsistent with the evidence and not borne out of the facts on record ? (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in restoring the addition of Rs. 15,000 made by the Income-tax Officer and expressing the opinion that the order of the Appellate Assistant Commissioner is wholly erroneous and that the applicant is not an agriculturist ?' 2. Briefly stated, the facts of the case are that the applicant was assessed. She estimated the in...
R.G. Agrawal and Co. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Feb-12-1996
Reported in: [1996]221ITR750(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 a direction to the Tribunal to state the case and refer the proposed questions of law (as extracted below) arising out of the order passed by the Tribunal on October 16, 1986, in I. T. A. No. 250/(Ind) of 1984 for the assessment year 1980-81 (annexure 'C'), for our opinion :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal has not erred in law in quashing the order of the Commissioner of Income-tax (Appeals) and restoring the order of the Income-tax Officer on the point of disallowance of loss of Rs. 22,198 ? (2) Whether, on the facts and in the circumstances of the case, there was any material before the Tribunal in law to hold that there was no contract of purchases and loss occurred on account of damages of Rs. 22,198 is not a trading loss allowable as business expenses ? (3) Whether, on the facts and in the ...
Kalu @ Hukumchand Vs. District Magistrate and ors.
Court: Madhya Pradesh
Decided on: Feb-12-1996
Reported in: 1997(1)MPLJ406
ORDERN.K. Jain, J.1. This is a writ petition under Articles 226 and 227 of the Constitution of India seeking quashment of the orders of detention as detailed below and issuance of writ of Habeas Corpus for restoration of the liberty.2. The facts as unfolded are these :In exercise of powers under sub-section (2) of section 3 of the National Security Act, 1980 (for short 'the Act, 1980') and the notification dated 29-6-1995 of the Government of Madhya Pradesh under sub-section (3) of section 3, the District Magistrate, Indore on September 7, 1995 ordered detention of the petitioner Kalu alias Hukumchand on his (D.M.'s) being satisfied that, 'with a view to preventing Kalu @ Hukumchand s/o Badlu Choudhary aged 42 years, R/o Dwarkapuri, Indore from acting in any manner prejudicial to the maintenance of public order, it is necessary to detain him under sub-section (2) of section 3 of the National Security Act, 1980'. The District Magistrate on the same day recorded grounds on which the dete...
Commissioner of Income-tax Vs. Bhopal Sugar Industries Ltd.
Court: Madhya Pradesh
Decided on: Feb-09-1996
Reported in: (1996)134CTR(MP)409; [1996]221ITR449(MP)
1. This is a reference at the instance of the Revenue under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') and the following question of law has been referred by the Tribunal for answer of this court, which reads as under :' Whether, on the facts and in the circumstances of the case, the reserve of Rs. 1,07,933 created by the transfer from sales and not from profit and loss appropriation account for the construction of molasses tank in accordance with the provisions of the Molasses Control Order, 1961, and the Standing Order dated 3rd December, 1976, has been rightly treated by the Tribunal as not includible in the income of the assessee ?'2. The brief facts giving rise to this reference are thus : This reference relates to the assessment year 1978-79 for which the previous year ended on September 30, 1977. The assessee-company derives income from manufacture of sugar and its sale. The assessee had created a reserve of Rs. 1,07,933 in all from out of ...
Commissioner of Income-tax Vs. Dhariwal Sales Enterprises
Court: Madhya Pradesh
Decided on: Feb-09-1996
Reported in: (1997)137CTR(MP)365; [1996]221ITR240(MP)
1. This is an income-tax reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the I. T. Act'), at the instance of the Revenue and the following questions of law have been referred by the Tribunal for answer of this court, which read as under :' (1) Whether, on the facts and in the circumstances of the case, the learned Income-tax Appellate Tribunal was correct in holding that the assessment made on September 3, 1985, was barred by limitation ? (2) Whether the Income-tax Appellate Tribunal was correct in holding that in computing the period of limitation for the purpose of Section 153 of the Income-tax Act, 1961, 'the date on which the assessee furnishes the report of such audit' in Sub-clause (iii) of Explanation 1 to that section must be interpreted to include the 'date on which the assessee expresses his inability to furnish such audit report' ?' 2. The brief facts giving rise to this reference are thus : The assessee is a firm. The assessment year ...
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