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Madhya Pradesh Court August 1996 Judgments

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Aug 21 1996

Diamond Cements Vs. PravIn Bano (Smt.) and 5 ors.

Court: Madhya Pradesh

Decided on: Aug-21-1996

Reported in: 1998ACJ1136; (1998)IIILLJ1098MP

ORDERD.P.S. Chauhan, J.1. It is an appeal under Section 30 of the Workmens Compensation Act, 1923 (for brevity hereinafter referred to as 'the Act') at the behest of M/s Diamond Cements, Narsingharh against Smt. Pravin Bano, Ku. Rauvin, Ku, Asmin, Ku. Tajbano. Ku. Taj Been and Ku. Nagvin arising out of the order of the Workmen's Compensation Commissioner-Labour Court, Sagar, dated October 29, 1990 whereby the respondents, who were the claimants before the Workmen's Compensation Commissioner, were awarded Rs. 74,760 by way of compensation and 6% per annum interest thereover was allowed and also a sum of Rs. 20,000 by way of penalty and Rs. 200/- by way of costs.2. The facts in brief are that one Rustam Khan was employed with M/s. Diamond Cements, Narsingharh as driver since 1982 who on April 21, 1986 reported for duty at 6 a.m. at the factory and who taking out the official car of the factory at 6.30 a.m. reported at the residence of the concerned official of the factory where he develo...


Aug 21 1996

Diamond Cements Vs. PravIn Bano and ors.

Court: Madhya Pradesh

Decided on: Aug-21-1996

Reported in: 1997(1)MPLJ441

ORDERD.P.S. Chouhan, J.1. It is an appeal under section 30 of the Workmen's Compensation Act, 1923 (for brevity hereinafter referred to as 'the Act') at the behest of M/s Diamond Cements Narsingarh against Smt. Pravin Bano, Ku. Rauvin, Ku. Asmin, Ku. Tajbano, Ku. Taj Been and Ku. Nagvin arising out of the order of the Workmen's Compensation Commissioner, Labour Court, Sagar, dated 29-10-1990 whereby the respondents, who were the claimants before the Workmen's Compensation Commissioner, were awarded Rs. 74,760/- by way of compensation and 6% per annum interest thereover was allowed and also a sum of Rs. 20,000/- by way of penalty and Rs. 200/- by way of costs.2. The facts in brief are that one Rustam Khan was employed with M/s Diamond Cements Narsingarh as driver since 1982 who on 21-4-1986 reported for duty at 6 a.m. at the factory and who taking out the official car of the factory at 6.30 a.m. reported at the residence of the concerned official of the factory where he developed pain i...


Aug 20 1996

Commissioner of Income-tax Vs. Dharampal Family Trust

Court: Madhya Pradesh

Decided on: Aug-20-1996

Reported in: [1997]226ITR357(MP)

A.K. Mathur, C.J. 1. This is an income-tax reference at the instance of the Revenue under Section 256(1) of the Income-tax Act, 1961. The Tribunal has referred the following three questions of law for answer by this court :' (1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in confirming the order of the Commissioner of Income-tax (Appeals) who directed to make two separate assessments for the periods from January 1, 1981, to June 30, 1981, and July 1, 1981, to December 31, 1981 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in confirming the order of the Commissioner of Income-tax (Appeals) who held that the first trust executed on August 1, 1978, was validly extinguished on July 1, 1981 ? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the trust created on July 1, 1981, could not be said to be unlawful not to apply the provisions o...


Aug 20 1996

Commissioner of Income-tax Vs. Premier Industries Pvt. Ltd.

Court: Madhya Pradesh

Decided on: Aug-20-1996

Reported in: (1998)146CTR(MP)187; [1997]227ITR282(MP)

S.B. Sakrikar, J.1. At the instance of the applicant/Department, the Income-lax Appellate Tribunal, Indore Bench, has drawn up the statementof the case and referred the case on the following questions said to be of law for the opinion of this court arising out of the order dated December 30, 1991, passed by the Tribunal in ITA No. 823/Ind of 1991 for the assessment year 1989-90 ;' (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 action of the Assessing Officer in making various adjustments under section 143(1)(a) is patently erroneous and thereby deleting these additions made as a result of the adjustments ? (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that section 143(1A)(a) will not apply to cases where loss declared by the assessee is merely reduced as a result of adjustment under Section 143(1)(a) but does not r...


Aug 20 1996

Sanat Kumar Vs. Parke Davis (India) Ltd.

Court: Madhya Pradesh

Decided on: Aug-20-1996

Reported in: (1999)IIILLJ476MP

ORDERR.D. Shukla, J. 1. This order shall dispose of L.P.A. No. 27/1994 and the Cross-objection filed by the respondent No. 1.2. The L.P.A. is directed against the Judgment & Order dated July 5, 1994, of learned Single Judge, passed in M.P. No. 1422/1993, whereby while partly accepting the petition filed by the respondent No. 1 remanded the case back to respondent No. 2 i.e., State Government for decision on the point of 'workman' under Section 2(s) of the Industrial Disputes Act, before referring the matter for adjudication to the lower Court.3. The brief history of the case is that respondent No. 1 filed a petition under Articles 226/ 227 of the Constitution seeking quashment of order of reference Annex. 'L' of petition whereby the dispute was referred to the Labour Court i.e., respondent No. 4 here. The reference made in Hindi reads as under:Vernacular matter omitted.English translation of the reference is - Whether termination of Sanat Kumar Bandi (appellant here) is legal and valid...


Aug 20 1996

M.P. Electricity Board and 2 ors. Vs. Mohd. Hasan

Court: Madhya Pradesh

Decided on: Aug-20-1996

Reported in: (1998)IIILLJ1292MP

ORDER1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short the 'Act') against the order-dated September 13, 1989 passed in case No. 2/WC/N.F./1989 by the Commissionerfor Workmen's Compensation at Ambikapur (for short 'Commissioner').2. C.P. Siddique since deceased a workman was in the employment of the appellant - M.P.Electricity Board (for short the 'Board') as Testing Attendant at Patna Sub-Station Sarguja, who on May 30, 1985 at about 10 a.m. while attending the fuse received electric shock, as a result of which he fell down and received injuries i.e. fracture of ribs, spinal cord and vertebral column. He was taken to Primary Health Centre, from there to Ambikapur. His condition did not improve, hence, was shifted to Nagpur for expert treatment, but, his condition did not improve. He became totally disabled. After notice under Section 10 of the Act, he filed his claim before the Commissioner. The Commissioner after recording of evidence ordered the emplo...


Aug 20 1996

Anita Vs. Chhail Bhihari

Court: Madhya Pradesh

Decided on: Aug-20-1996

Reported in: II(1996)DMC715

N.P. Singh, J.1. This appeal is directed against the order dated 24.7.1995 passed by the 3rd Additional District Judge, Satna in MJC No. 30 of 1994, refusing to set aside ex-parte decree passed in Matrimonial Case No. 129-A of 1994 for restitution of conjugal rights.2. The respondent/husband filed the instant matrimonial case under Section 9 of the Hindu Marriage Act, 1955 against the appellant/wife for restitution of conjugal rights on the plea that the appellant/wife had withdrawn herself from his company from 4.11.1994 without any rhyme or reason and she had also taken away with her two daughters, who were born to him out of the wedlock with the appellant.3. The appellant/wife appeared in the case and moved an application under Section 24 of the Hindu Marriage Act for maintenance pendente lite and expenses of the proceedings. She also made a prayer for direction to the respondent/husband to serve a copy of the matrimonial case to her as the same was not served on her to enable her t...


Aug 20 1996

Jagdish Chandra Sahani Vs. Smt. Prakash Kaur and ors.

Court: Madhya Pradesh

Decided on: Aug-20-1996

Reported in: 1997(2)MPLJ320

ORDERT.S. Doabia, J.The brief facts which have led to the filing of this petition be noticed as under :-1. A money suit was filed by Canara Bank. It was filed against all the parties who figure in this petition. M/s S. D. Enterprises who figure as respondent No. 5 in this petition was the principal borrower. Manohar Singh who has since died and who is represented by respondents Nos. 1, 2, 3 and 4 also figured as defendant as surety! The present petitioner also figured as defendant in the aforementioned suit as surety. The suit filed by Canara Bank was decreed. Manohar Singh paid the decretal amount. After the payment was made, Manohar Singh filed a Civil Suit claiming reimbursement from the present petitioner as also from M/s S. D. Enterprises. In this an application was preferred for deletion of the name of the present petitioner/defendant. It was alleged that Manohar Singh is entitled to reimbursement only from the principal borrower and not from the co-surety. This contention did no...


Aug 20 1996

Umesh S/O Balka Urao Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Aug-20-1996

Reported in: 1997(1)MPLJ600

R.P. Gupta, J.1. This appeal is directed against the judgment dated 1-10-1991 of the Additional Sessions Judge, Jaspur Nagar, Raigarh, in Sessions Trial No. 30 of 1990, arising out of Crime No. 10/90 of Police Station Jaspur Nagar, Raigarh. The appellant was convicted for having committed an offence under section 394 read with section 397 for committing robbery by use of dangerous weapon. He was sentenced to rigorous imprisonment for 7 years.2. The learned trial Court found it established against the accused that he, on 19-1-1990, in the house of Vinod Kumar Jain, P.W. 1, had looted gold ornaments from the person of Smt. Sanjana Jain, wife of Vinod Kumar Jain, in her own room at point of knife, threatening to kill her.3. Brief facts of the case are that the accused had illegally entered the house and had entered the room of Smt. Sanjana Jain. The time was about 6.25 P.M. Sanjana Jain, her mother-in-law and sister-in-law were watching TV in a room on the ground floor, while her husband ...


Aug 20 1996

DhumadandhIn W/O Bundsai Vs. State of Madhya Pradesh and ors.

Court: Madhya Pradesh

Decided on: Aug-20-1996

Reported in: 1997(2)MPLJ175

ORDERC.K. Prasad, J.1. The petitioner was a Sarpanch of Gram Panchayat, Govindpur who has filed this writ application for quashing no confidence motion dated 16-11-1995 passed against her.2. Short facts giving rise to the present application are that the petitioner was elected as the Sarpanch of the Gram Panchayat, Govindpur and the said election took place in the month of June 1994. A notice to consider the no confidence motion dated 29-9-1995 was received by the prescribed authority on 26-10-1995. The prescribed authority on receipt of the aforesaid notice appointed one Naib Tahsildar as the Presiding Officer to preside over the meeting and date of the meeting fixed by the prescribed authority was 16-11-1995. It is on the said date the motion of no confidence was considered against the petitioner and the motion was passed by a majority as prescribed Under Section 21 of the M.P. Panchayat Raj Act.3. The only submission made on behalf of the petitioner to impugn the motion of no confid...


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