Madhya Pradesh Court July 1996 Judgments
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Mukhtyar Ali Vs. Rameshwar and ors.
Court: Madhya Pradesh
Decided on: Jul-02-1996
Reported in: 1998ACJ1078
S.B. Sakrikar, J.1. The appellant owner of truck No. MPI 3229 has directed this appeal against the award dated 5.10.1989 rendered by II Additional MACT, Indore, in Claim Case No. 79 of 1987, thereby partly allowing the claim petition filed on behalf of respondent No. 1 and awarding compensation of Rs. 1,10,000/- along with interest at the rate of 12 per cent per annum from the date of filing of the application till recovery against the appellant and respondent No. 2.2. The facts lie in a narrow compass. On 11.4.1982, respondent No. 1, claimant along with his relative, Chintaman, was going on bicycle from village Sinhasa to Indore. Respondent No. 1 was sitting on the carrier of the bicycle and Chintaman was cycling. It is alleged that when they reached near Chandan Nagar, Indore, at the same time truck No. MPI 3229 coming from opposite direction rashly and negligently, all of a sudden came to its wrong side and hit bicycle of respondent No. 1, resulting in the accident. In the accident,...
Dr. Amaresh Kumar Vs. Lakshmibai National College of Physical Educatio ...
Court: Madhya Pradesh
Decided on: Jul-01-1996
Reported in: AIR1997MP43
S.S. Jha, J.1. This petition has been filed in public interest by the petitioner. The petitioner is seeking a relief that the orders Annexures P/2 and P/3-A circulated as office memorandum, issued by the Ministry of Home Affairs, National Language Department on 1st July, '91 be implemented and students in Lakshmi Bai National College of Physical Education, Gwalior (LNCPE) be imparted education in Hindi as well apart from English. It is also prayed that the students be permitted to write their examination papers in Hindi language. On 9-4-96, after hearing the arguments of the petitioner at some length it was found necessary to hear Members of the High Court Bar Association, Gwalior as the petition involves a very important question. Shri J. P. Gupta and ShriR. D. Jain, Senior Advocates appeared asamicus curiae on the request to assist theCourt. 2. The petitioner has submitted that since Hindi has been declared as national language and LNCPE is under the control of Union of India, the st...
Commissioner of Income-tax Vs. Brite Autmotive and Plastics Ltd.
Court: Madhya Pradesh
Decided on: Jul-01-1996
Reported in: [1999]237ITR787(MP)
A.R. Tiwari, J. 1. The Commissioner of Income-tax , Bhopal, 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 question, as noted below, for our opinion, arising out of theorder dated May 8, 1993, passed by the Tribunal in I. T. Appeal No. 601/ IND of 1992 after rejection of the application presented under Section 256(1) of the Act and registered as R. A. No. 97/IND of 1993 on April 29, 1994, for the assessment year 1989-90 :'Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in deducting unabsorbed depreciation of Rs. 17,27,166 in place of unabsorbed business loss of Rs. 7,04,207 for determining the book profit of the year ?'2. Briefly stated, the facts of the case are that after making adjustment under Section 143(1)(a) of the Act, the book profit under Section 115J of the Act was worked out at Rs. 10,22,959 and thus the ...
Punau Ram and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-01-1996
Reported in: II(1996)DMC631
V.K. Agrawal, J.1. Crime No. 77/96 for offences punishable u/Secs 498-A and 302 of IPC has been registered against the accused/applicants and co-accused by P.S. Dharsiwa, Distt. Raipur.2. The accused/applicants are the parent-in-laws of deceased Bhagwati. Bhagwati died of burn injuries. It is alleged that there was demand of dowry, etc., prior to the incident and there was a Mahasabha called by the deceased. There was a dispute between the deceased and her husband regarding calling of that Mahasabha. During that quarrel, the deceased poured kerosene oil on her person and her husband lit a match-stick and put her on fire.3. Learned Counsel for applicants has urged that the applicants did not partake in the incident of burning of deceased Bhagwati and therefore, cannot be held responsible for her death.4. Considering the facts and circumstances of the case and also in veiw of the age of the accused /applicants, the petition for bail is allowed and it is directed that, the accused/applica...
Badda Bhil Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-01-1996
Reported in: II(1996)DMC514
R.D. Shukla, J.R.D. Shukla, J.1. Appeal is directed against the judgment and order dated 13.2.91 of the 1st Addl. Sessions Judge, Ratlam passed in S.T. No. 80/90 whereby accused-appellant has been convicted u/Sec. 302 of IPC for having committed murder of his wife Etudi on 28.11.89 at 7 a.m. in Village Patarwali Raoti and sentenced him to imprisonment for life. 2. The prosecution story in brief is that deceased Etudi was married to accused. She was living alongwith her husband i.e. accused. Dhapubai, mother of Etudi, used to visit them off and on. Prior to the date of incident Dhapubai had come to visit her daughter alongwith Gobaria who was related to Etudi as nephew. They assisted accused in agricultural operations.On the date of incident Dhapubai was getting ready for returning back to her village. Etudi also insisted in accompanying her mother. Accused got annoyed and caused injuries by axe. Etudi raised alarm. Dhapubai tried to intervence. She also raised alarm. Other persons asse...
Kaptan Singh Yadav Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-01-1996
Reported in: 1996(0)MPLJ984
ORDERS.S. Jha, J.1. The Office of President of Municipal Council, Bhind had fallen vacant on account of a motion of no confidence was passed against the President. After the vacancy took place, the Collector, District Bhind ordered Sub-Divisional Officer, Bhind to preside over the meeting to elect the President of the Municipal Council. The election in pursuance of this notification was fixed for 4-5-1996. A petition was filed before this Court and on 23-5-1996 declaration of the result of the election was stayed.2. The contention of the learned counsel for the petitioner is that the order, Annexure P/1, is without jurisdiction and the Collector had no power to appoint Sub-Divisional Officer to preside over the meeting. The contention of the learned counsel for the petitioner is that immediately after election the Collector or Sub-Divisional Officer can preside over the meeting for the election of President or Vice-President under Section 55(2) of the Madhya Pradesh Municipalities Act,...
Commissioner of Income Tax Vs. Brite Automotive and Plastics Ltd.
Court: Madhya Pradesh
Decided on: Jul-01-1996
Reported in: (1999)156CTR(MP)163
ORDERA. R. Tiwari, J:The CIT, Bhopal, 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 question, as noted below, for our opinion, arising out of the order dt. 8th May, 1993, passed by the Tribunal in IT Appeal No. 601/Ind/1992 after rejection of the application presented under section 256(1) of the Act and registered as R.A. No. 97/Ind/1993 on 29th April, 1994, for assessment year 1989-90 :'Whether, on the facts and in the circumstances of the case, Tribunal was justified in law in reducing unabsorbed depreciation of Rs. 17,27,166 in place of unabsorbed business loss of Rs. 7,04,207 for determining the book profit of the year ?'2. Briefly stated, the facts of the case are that after making adjustment under section 143(1)(a) of the Act, the book profit under section 113J of the Act was worked out at Rs. 10,22,959 and thus the total income @ 30 per cent was determi...
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