Madhya Pradesh Court July 1996 Judgments
Oriental Insurance Company Ltd. Vs. Smt. ChamarIn and ors.
Court: Madhya Pradesh
Decided on: Jul-31-1996
Reported in: AIR1997MP194; 1997(2)MPLJ107
Usha Shukla, J.1. This appeal is by the insurer of dumper truck No. NP26 AO-459 which caused an accident on 29-11-1990 resulting in fatal injuries to Raja Ram Kunwar who died in consequence thereof the following day in District Hospital, Raigarh. By an award dated 15th April, 1993, the Claims Tribunal awarded compensation of Rs. 1,18.800/- to the respondents No. 1 and 2, being the widow and son of the deceased. This award has been challenged in this appeal on the ground that the insurer was absolved from liability on account of breach of conditions of policy in so far as the dumper was being used for carrying passengers for hire.2. The facts of the case which are not in dispute may be briefly stated. The dumper belonged to respndent No. 3 and was being driven by respondent No. 4 at the time of the accident. Raja Ram had boarded the dumper at Gharghode and had paid Rs. 5/- as fare. About 3 kms from Gharghoda, the dumper fell down into a field from a height of 20 ft. The accident was as ...
Tag this Judgment!Madan Lal Vs. Himatlal and Co.
Court: Madhya Pradesh
Decided on: Jul-31-1996
Reported in: [2000]99CompCas266(MP)
N.K. Jain, J.1. Heard.2. By the impugned order, the trial court has decided a preliminary issue as to whether the petitioner and respondents Nos. 3 to 5 have been wrongly joined as party defendants in the case. The issue has been decided in favour of the plaintiffs.3. Respondent No. 1 as also respondent No. 2 are private limited companies. The petitioner and respondents Nos. 3 to 5 are the directors ofrespondent No. 2-company. The 'suit is brought by respondent No. 1 against the petitioner and respondents Nos. 2 to 5 for recovery of certain amounts due on account of the goods allegedly purchased on credit by the defendants. It is averred by the plaintiff that all the defendants are jointly and severally liable for the debt.4. The defendants have resisted the suit. They raised objection that the petitioner and respondents Nos. 3 to 5 have been wrongly impleaded in the suit inasmuch as they are not severally liable for the debt in question. The court below without deciding the liability ...
Tag this Judgment!Ramprasad Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-31-1996
Reported in: 1997(1)MPLJ111
J.G. Chitre, J.1. Shri J. L. Jain appointed by Legal Aid Committee for the appellant. Shri S. H. Sen, Dy. Govt. Advocate for prosecution. Both of them have been heard. Evidence has been examined in view of arguments advanced.The prosecution case in brief is that on 19-12-1990 at 1.30 p.m. the appellant was found naked on the body of prosecutrix Chunni, aged about 11 years who was also naked. It is the case of the prosecution that the appellant was attempting to commit rape on prosecutrix Chunni. The appellant was noticed by prosecution witnesses Walia (P.W. 2) and Kalu (P.W. 3) and thereafter appellant was caught. The appellant after being caught wanted to give some money to the prosecutrix and these witnesses for settling the said act done by him. After usual investigation the appellant was prosecuted. He pleaded not guilty for the offence for which he was prosecuted.2. It is the submission of Shri Jain that the prosecution has failed to establish the guilt of the appellant beyond rea...
Tag this Judgment!Rambir Singh and ors. Vs. Asha Kumari and ors.
Court: Madhya Pradesh
Decided on: Jul-31-1996
Reported in: 1997(1)MPLJ668
T.S. Doabia, J.1. This second appeal has been preferred against concurrent finding recorded by the Courts below. The Courts below have concluded: that the respondent-plaintiff landlady does require the premises bona fide for her occupation as her residence. A finding has also been recorded that tenant has sublet the premises and as was liable to eviction on that ground also.It is these findings which are sought to be assailed in this Court.2. The learned counsel for the appellants has submitted that the judgment given by the first appellate Court is brief and it does not deal with the evidence which was brought on record. No doubt, the appeal Court should have dealt with the matter at some length but this would be no reason to set aside the judgment. It is precisely for this reason, I have gone through the evidence on the record.3. As to what constitute bona fide need, the position of law is well settled. It is settled law that the Courts are not to substitute its own view with regard ...
Tag this Judgment!Commissioner of Income-tax Vs. Gangotri Tube Wells (P.) Ltd.
Court: Madhya Pradesh
Decided on: Jul-31-1996
Reported in: [1998]229ITR87(MP); [1998]95TAXMAN162(MP)
A. R. TIWARI J. - At the instance of the Commissioner of Income-tax, Bhopal, the Tribunal has stated the case and referred the undernoted questions labelled as of law, arising out of the order dated January 23, 1992, passed by the Tribunal in I.T.A. Nos. 243 and 244/Ind. of 1991 on the applications registered as R.A. Nos. 86 and 87/Ind. of 1992, for the assessment year 1987-88 for our opinion :'(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in allowing 30 per cent. depreciation on rig and air compressor used in drilling of tubewells in accordance with entry D(4) of the Depreciation Schedule under the Income-tax Rules ?(2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the assessee which carries on business of drilling borewells is an industrial undertaking engaged in manufacturing or producing articles or things and is entitled to investment ...
Tag this Judgment!Ganga Ice Factory, Chhatarpur and anr. Vs. Madhya Pradesh Financial Co ...
Court: Madhya Pradesh
Decided on: Jul-30-1996
Reported in: AIR1997MP113; 1997(2)MPLJ80
S.K. Dubey, J.1. The appellants have filed this appeal under Section 32(9) of the State Financial Corporations Act, 1951 (for short 'the Act') against the judgment and decree, dated 8-12-1988 passed in M.J.C. No. 2/86 by IIIrd Additional Judge to the Court of District Judge, Chhatarpur.2. The appellant No. 1 is the industrial concern of which appellant No. 2 is the sole proprietor, who applied for grant of loan of Rs. 2,30.000/- which was granted to the appellant on 31-7-1975 on the terms and conditions agreed, by executing the necessary documents. A mortgage deed mortgaging the properties as shown in Schedules 1 and 2 was registered on 12-11-1975. The appellants agreed to pay interest on the loan so advanced at the rate of 13% per annum which was payable on 1st of April and October of each year. The loan was payable in 11 equal instalments by October of each year. The appellants failed to pay the amount of interest and instalments due in spite of repeated notices in writing, therefore...
Tag this Judgment!State of M.P. Vs. Nuru
Court: Madhya Pradesh
Decided on: Jul-30-1996
Reported in: I(1997)DMC82
R.D. Shukla, J.1. The appeal is directed against the Judgement & Order dated 6.10.1990 of Additional Sessions Judge/ Kukshi, District Dhar, passed in S.T. No. 204/90, whereby the accused-respondent has been acquitted Under Sections 302 & 201,1.P.C. for allegedly having committed murder of his wife Savitri and for having concealed the body behind the house by cremating her surreptitiously.2. Undisputed facts of the case are that Savitri (deceased) was married to the accused nearly 7-8 years before the incident. P.W. 1 Somla and P.W. 4 Mangti are father and mother of the deceased. Radhu (P.W. 2) is the daughter of the accused while P.W. 3 Kishan and P.W. 5 Guddi are brother and sister of Savitribai respectively. Savitribai was living with the accused.3. It is alleged that accused assaulted and caused injuries to his wife Savitri, who died in consequence thereof. Accused, thereafter, cremated the body behind the tapra and put some tiles over it. Radhu has seen the murder. P.W. 5 Guddi had...
Tag this Judgment!Dharamvir Singh Punjabi and anr. Vs. Raghuvar and anr.
Court: Madhya Pradesh
Decided on: Jul-30-1996
Reported in: II(1999)ACC416; 1998ACJ1292
A.S. Tripathi, J.1. These two appeals arise out of the same judgment and award dated 22.11.1994 passed by the Motor Accidents Claims Tribunal, Shivpuri, whereby the Tribunal has awarded compensation to the extent of Rs. 82,000/- against the owner of the vehicle and the insurance company. The liability of the insurance company was limited to Rs. 50,000/- according to law. Rest of the amount was to be paid by the owner of the vehicle involved in the accident.2. Facts of the case are that on 14.9.86, the tractor No. CPW 9504 was being taken for bringing bajri, a commercial purpose. The deceased Sarupibai, wife of the claimant Raghuvar was taken on the same tractor as a labourer on contract to load bajri at a particular spot. On the way, while going towards that spot, Sarupibai fell down from the tractor. The wheels of the tractor crushed her and she died on the spot. A claim of Rs. 3,20,000/- was made by the husband of the deceased. The same was contested by the owner, driver and the insu...
Tag this Judgment!Kanraj Khatri Vs. Nathuram Jain
Court: Madhya Pradesh
Decided on: Jul-26-1996
Reported in: AIR1997MP92; 1997(2)MPLJ41
ORDERS.C. Pandey, J.1. This revision has been filed by the defendants against the appellate order dated 10-4-96, passed by IIIrd Additional Judge to the Court of District Judge, Bastar, in Misc. Civil Appeal No. 3 of 1996. The lower appellate Court has reversed the order passed by the trial Court refusing the grant of temporary injunction.2. The non-applicant/plaintiff filed a suit for declaration that he was entitled to right of easement in respect of light and air passing from the windows of the eastern wall of his house and he also claimed permanent injunction that the applicants/defendants shall be restrained from constructing any structure within three meters of his house or any other distance determined by the Court. It was also claimed that a mandatory injunction be issued to the applicants/defendants that in case, they have obstructed the light and air to the house of the non-applicant, then they be asked to remove the structure obstructing the light and air going to the house ...
Tag this Judgment!Commissioner of Income-tax Vs. Shree Synthetics Ltd.
Court: Madhya Pradesh
Decided on: Jul-26-1996
Reported in: [1998]233ITR333(MP)
A.R. Tiwari, J.1. At the instance of the Department (CIT, Bhopal), the Tribunal has stated the case and referred the under noted question, labelled as of law, on application presented under Section 256(1) of the Income-tax Act, 1961 (for short, 'the Act'), and registered as RA. No. 57/ Ind of 1994 for the assessment year 1989-90 arising out of the order dated November 11, 1993, passed by the Tribunal in ITA No. 581/Ind of 1991 :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in holding that the book profits of the assessee for purposes of Section 115J of the Income-tax Act, 1961, have to be computed by considering the unabsorbed depreciation of earlier years and thus restoring the matter to the Assessing Officer to compute the book profits in accordance with the Special Bench decision of the Tribunal in Surana Steels Pvt. Ltd.'s case : [1993]201ITR1(KAR) (AT) ?'2. The facts lie in a narrow compass.3. The assessee-company filed a ...
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