Madhya Pradesh Court August 1996 Judgments
Madhya Pradesh Financial Corporation Vs. Anoop Industries and anr.
Court: Madhya Pradesh
Decided on: Aug-31-1996
Reported in: [2000]102CompCas309(MP)
R.D. Shukla, J. 1. This order shall also dispose of Miscellaneous Appeal No. 124 of 1989 (Anoop Industries v. M. P. Financial Corporation). 2. The appeal is directed against the judgment and order dated February 28, 1989, of the District Judge, Dewas, passed in M. C. C. No. 9 of 1981 whereby while accepting the application filed by the appellant M. P. Financial Corporation (hereinafter referred to as 'MPFC') a direction to the defendant-respondent for payment of Rs. 20,000 and interest Rs. 74,027.37 accruing up to September 30, 1988, with a further direction of payment of interest at 10.25 per cent. on the principal amount of Rs. 20,000 has been issued. The plaintiff-appellant is aggrieved by the latter portion of this order. 3. The brief history of the case is that the plaintiff-appellant filed an application before the District Judge under Section 31 of the State Financial Corporations Act, 1951 (hereinafter referred to as 'the Act'), for recovery of Rs. 50,132.57 plus interest accru...
Tag this Judgment!Vimal Chand S/O Ramswaroop Vs. Nirmal Chandra S/O Babooram
Court: Madhya Pradesh
Decided on: Aug-30-1996
Reported in: 1997(1)MPLJ412
ORDERT.S. Doabia, J.1. The short question which arises for determination in this Revision Petition is as to whether a tenant acquiring mortgagee rights would cease to have the status of tenant when mortgage is redeemed. The brief facts for the purpose of disposal of this petition be noticed :The present petitioner was admittedly a tenant on shop in dispute. He became a mortgagee under a mortgage deed dated 19th April, 1973. The relevant conditions on which reliance is being placed are conditions Nos. 1, 2, 3, 4. The purport of these conditions are as under :(i) Condition No. 1 of the mortgage deed lays down that the interest of mortgage amount and the rent of shop would be equal.(ii) The period of mortgage as per condition No. 2 has been ascertained as ten years. Before the expiry of the period of ten years, the mortgagor had no right to get the shop redeemed and at the same time the mortgagee was also not to have a right to get back the refund of his money.(iii) One month's notice was...
Tag this Judgment!Saventi Bai and anr. Vs. Jagannath
Court: Madhya Pradesh
Decided on: Aug-29-1996
Reported in: I(1997)DMC235
Rajeev Gupta, J.1. Petitioner No. 1 Smt. Saventi Bai, wife of non-petitioner Jagannath, and their daughter petitioner No. 2 Ku. Kala Bai have filed this Revision Petition against the order dated 13.7.1995, passed by IInd Addl. Sessions Judge, Khandwa in Criminal Revision No. 66/93.2. Petitioner No. 1 Smt. Saventi Bai initiated proceedings under the provisions of Section 125, Cr.P.C., for maintenance from non-petitioner Jagannath for herself and her daughter, petitioner No. 2 Ku. Kala Bai. Non-petitioner Jagannath in his reply, filed by him to the above application, admitted that petitioner No. 1 Smt. Saventi Bai is his 'legally wedded wife', and petitioner No. 2 Ku. Kala Bai was their daughter. The Trial Court, on a close scrutiny of the evidence led by the parties, found that petitioner Smt. Saventi Bai and her daughter Ku. Kala Bai were entitled*to grant of maintenance and, therefore, vide order dated 5.8.1993 granted maintenance of Rs. 300/- and Rs. 200/-- to petitioners 1 and 2 res...
Tag this Judgment!Bala Prasad and anr. Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-27-1996
Reported in: AIR1997MP218; 1997(2)MPLJ636
S.K. Kulshrestha, J.1. This petition challenges the validity of Rule 3-A of the M.P. Prevention of under Valuation of Instruments Rules, 1975 and the guidelines (Annexure P/2) issued thereunder and the consequent order (Annexure p/1) issued by the respondent No. 3.2. A sale deed was executed in favour of the petitioners by Shri Sunder Lal Yadau and Balbhogi Yadav of Satna on 4-4-1994 for consideration of Rs. 1,75,000/- and was presented to Sub-Registrar, Satna, appointed under the Registration Act, for registration. The sub-Registrar, on finding that value of the property sought to be transferred under the instrument was below the average value laid down in the guidelines for the area in question, referred the document for determination of the value and the deficit stamp duty of Rs. 90,186/-and registrtion charges of Rs. 5,600/- were claimed on its valuation at Rs. 8,75,000/-.3. The Stamp Act, 1899, was amended by M. P. Act No. 8 of 1975 with effect from 15-5-1975 and Section 47A was i...
Tag this Judgment!K.P. Gupta (Huf) Vs. Commissioner of Income-tax/Wealth-tax
Court: Madhya Pradesh
Decided on: Aug-27-1996
Reported in: [1998]233ITR456(MP)
A.R. Tiwari, J.1. At the instance of the assessee, the Tribunal has stated the case and referred the undernoted common question of law in both these cases on applications registered as R.A. Nos. 63, 64, 65 and66/Ind of 1995 arising out of the order passed on February 28, 1995, in L.T.A. Nos. 33, 63, 64 and 65/Ind of 1992 for the assessment years 1987-88 to 1990-91 and R.A. Nos. 67, 68, 69 and 70/Ind of 1995 arising out of the orders passed on February 28, 1995, in W. T. A. Nos. 31, 60, 61 and 62/Ind of 1992 for the assessment years 1987-88 to 1990-91, for consideration :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the gift of Rs. 10,50,000 made by the karta of the assessee-HUF out of the HUF's funds by delivery of the amount to the donee was void ab initio and the said amount continues to be an asset belonging to the assessee-HUF and the same is includible, while computing the net wealth of the assessee-...
Tag this Judgment!J.P. Tobacco Products Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-27-1996
Reported in: (1997)140CTR(MP)329; [1998]229ITR123(MP)
S.K. Kulshrestha, J.1. The Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur, has referred at the instance of the assessee-company on an application being made under Section 256(1) of the Income-tax Act, 1961, the following question of law arising out of the order dated July 16, 1992, in I. T. A. No. 246/Jab of 1987 and cross-objection No. 46/Jab. of 1987 for the assessment year 1984-85 for the opinion of this court :' Whether the Tribunal is right in law in holding that the deduction under Section 80I is to be allowed on balance of income after deducting the relief under Section 80HH from gross total income and not from gross total income as defined in Section 80B(5) of the Act ?'2. The assessee is a private company engaged in the business of manufacturing and sale of bidis. The assessees were assessed for the assessment year 1984-85 and the Assessing Officer held that the assessee-company was not entitled to deductions under Sections 80HH and 80I of the Act. On appeal, the Comm...
Tag this Judgment!Commissioner of Income-tax Vs. Malwa Vanaspati and Chemicals Co. Ltd.
Court: Madhya Pradesh
Decided on: Aug-27-1996
Reported in: [1997]226ITR253(MP)
A.R. Tiwari, J.1. The applicant (Commissioner of Income-tax, Bhopal), felt aggrieved by the order dated August 26, 1994, rendered by the Tribunal in I. T. A. Nos. 1088 and 1089/(Ind) of 1988 and I. T. A. No. 418/ (Ind) of 1989 pertaining to the assessment years 1982-83, 1983-84 and 1984-85, respectively, and filed the applications registered as R. As. Nos. 102 to 104/(Ind) of 1994 for statement of the case and reference of the questions to this court for opinion. On these applications, the Tribunal stated the case and referred the questions, as extracted below, for consideration :'(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in holding that the interest paid/payable, on the funds borrowed and utilised for acquiring and erecting the plant and machinery of its undertaking at Village Sejwaya, District Dhar, is allowable as a revenue expenditure? (2) Whether, on the facts and in the circumstances of the case, the Inc...
Tag this Judgment!Commissioner of Income-tax Vs. Kohinoor Paper Products
Court: Madhya Pradesh
Decided on: Aug-27-1996
Reported in: [1997]226ITR220(MP)
A.R. Tiwari, J.1. These three miscellaneous civil cases are heard as connected matters and are being disposed of by this common order.2. The applicant (Commissioner of Income-tax, Bhopal) has filed these applications under Section 256(2) of the Income-tax Act, 1961 (for short the 'Act'), seeking a direction to the Tribunal to state the cases and refer the questions, labelled as of law, as extracted below for separate assessment years. These applications relate to the consolidated order passed by the Tribunal on May 10, 1993, in I. T. A Nos. 664/Ind. of 1988, 410/Ind. of 1990 and 453/Ind. of 1991 for the assessment years 1983-84 to 1985-86. These applications came to be filed because the applications submitted for reference and registered as R. A. Nos. 93 to 95/Ind. of 1993 were rejected on April 29, 1994.3. R. A. No. 94/Ind. of 1993-assessment year 1984-85 :' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in allowing Rs. 42,974 spent on th...
Tag this Judgment!Smt. Rasna Vs. Arun
Court: Madhya Pradesh
Decided on: Aug-27-1996
Reported in: I(1997)DMC580
S.C. Pandey, J.1. This petition is directed against the order dated 2.8.1995 whereby the application filed by the applicant under Order VII Rule 11 of the Code of Civil Procedure has been dismissed by the Trial Court.2. In this case, the non-applicant filed an application for divorce stating that the non-applicant and the applicant were married on 8.5.1988 according to the Hindu Baidya Community at Raigarh. It was also alleged by the non-applicant that he became Muslim at Bilaspuro on9.11.1993 and changed his name as Anwar. On this ground alone it was pleaded that since the non-applicant ceased to be a Hindu, he is entitled to divorce under Section 13 of the Hindu Marriage Act (hereinafter referred to as 'the Act', for short).3. The applicant, after service of notice upon her, raised an objection under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure to the effect that no cause of action subsists in favour of the non-applicant to obtain a decree of divorce.4. I ha...
Tag this Judgment!Commissioner of Income Tax Vs. Digvijay Traders.
Court: Madhya Pradesh
Decided on: Aug-27-1996
Reported in: (1996)136CTR(MP)166
A. R. TIWARI, J. :On request of the counsel for the parties, these four Misc. Civil Cases are heard as connected matters and are being disposed of by this common order.2. Factual matrix lies in a narrow compass.(a) Misc. Civil Cases Nos. 31 & 33 of 1993 :The applicant (CIT, Bhopal) has filed applications under s. 256(2) of the IT Act, 1961 (for short the Act) seeking direction to the Tribunal to state the cases and refer the undernoted common question, labelled as of law, arising out of the order dt. 31st Jan., 1992 passed by the Tribunal in ITA Nos. 339/Ind/90 and 400/Ind/90 after rejection of the applications, presented under s. 256(1) of the Act, registered as RA Nos. 103/Ind/1992 for asst. yr. 1984-85 and 105/Ind/1992 for asst. yr. 1985-86. The assessee was granted registration for the asst. yr. 1982-83 on 4th March, 1983 under s. 185 of the Act. For the asst. yr. 1983-84, the firm was granted registration again under s. 185 by the AO on 10th Jan., 1984. On 23rd Aug., 1984, action ...
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