Madhya Pradesh Court August 1996 Judgments
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Employees' State Insurance Corporation Vs. Central India Sales Corpora ...
Court: Madhya Pradesh
Decided on: Aug-03-1996
Reported in: 1997(1)MPLJ576
R.P. Gupta, J.1. This appeal is directed against Judgment dated 25th April, 1990 of Judge, Employees Insurance Court, Jabalpur, whereby petition filed by the present respondent M/s Central India Sales Corporation, Jabalpur, was accepted. Employees State Insurance Corporation (the present appellant), was directed not to proceed with the recovery of their demand of Rs. 20,415=00 made on the Sales Corporation by Regional Director of E.S.I. Corporation vide their Letter dated 5-2-1985.2. The E.S.I. had made a demand of the aforementioned amount as an additional contribution by the Sales Corporation to E.S.I. fund for the wages paid to its employees.3. Initially, a letter of demand for Rs. 16,118.90 was issued by E.S.I, on 31-10-1983 on the ground that additional wages to the tune of Rs. 2,30,269=59 had been paid by the Sales Corporation to its employees and in respect of them no contribution had been paid which had to be 7% of this wages for the period from September, 1981 to August, 1982....
Commissioner of Wealth Tax Vs. Smt. Pushpa Garg
Court: Madhya Pradesh
Decided on: Aug-03-1996
Reported in: (1999)153CTR(MP)612
ORDERA. K. TIWARI, J.These reference cases are heard as connected matters and are being disposed of by this common order.2. Briefly stated, the facts are as under(a) IT Ref No. 22 of 1995At the instance of CWT, Bhopal, the Tribunal stated the case and referred the under noted questions under s. 27 of the WT Act, 1957 (for short 'the WT Act') on application registered as R.A. Nos. 31 to 33/Ind/1994 for asst. yrs. 1985-86 to 1987-88 arising out of the order dt. 25th Oct., 1993, rendered by the Tribunal in WTA Nos. 44, 48 and 49/Ind/1992, for our opinion :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the lease agreement dt. 21st Oct., 1993 though unregistered was genuine ?(ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in directing the AO to accept the lessee's interest as shown by the assessee ?(iii) Whether, on the facts and in the circumstances of the case, the Tribunal was justifi...
Commissioner of Income Tax Vs. Digvijay Traders.
Court: Madhya Pradesh
Decided on: Aug-03-1996
Reported in: (1997)137CTR(MP)224
ORDERS. B. SAKRIKAR, J. :This order governs the disposal of the aforesaid connected MCCs arising out of common order dt. 15th July, 1991 passed by the Tribunal in reference application Nos. 60 to 63/Ind/91 arising out of common order passed in ITA Nos. 538 to 540/Ind/89 and ITA No. 494/Ind/88, on 13th Dec., 1990.2. The applicant/Department in all the aforesaid cases filed the application under s. 256(2) of the IT Act, 1961 (for short, the Act) seeking direction of this Court to refer the undernoted question said to be of law for the opinion of this Court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in setting aside the order of the CIT made under s. 263 when there was adequate material as per the CITs order under s. 263 indicating that the order passed by the IAC was prejudicial to the interests of Revenue ?'3. The facts of the case lie in narrow compass. The original assessments for asst. yrs. 1982-83 to 1985-86 with regard to non-app...
Madhya Pradesh State Road Transport Corpn. Vs. Smt. Amita Rani Gosh an ...
Court: Madhya Pradesh
Decided on: Aug-03-1996
Reported in: I(1997)ACC113
Usha Shukla, J.1. This is an appeal filed by Madhya Pradesh State Road Transport Corporation against the award dated 24.11.1992 passed in Claim Case No. 5/90, the Motor Accident Claims Tribunal, Jagdalpur, Bastar.2. Facts giving rise to this petition are thus; that one Sahdeo, aged about 30 years, husband of respondent No. land father of respondent Nos. 2 to 4 died in motor accident by the stage damage bus No. MIH 4600 of the appellant driven by respondent No. 5, during the course of employment. Respondents for the death of Sahdeo arising out of the use of motor vehicle filed an application under Section 166 of the Motor Vehicles Act, 1988 and claimed compensation of Rs. 5 lacs.3. The defence of the respondent No. 5 was that the deceased himself was responsible for the accident as he committed suicide by dashing with the bus. The Tribunal disbelieved the defence set up and held that the accident occurred due to rash and negligent driving of the bus by respondent No. 5. The deceased was...
Mohanlal Vs. Samokhanlal and ors.
Court: Madhya Pradesh
Decided on: Aug-02-1996
Reported in: 1997(1)MPLJ108
ORDERT.S. Doabia, J.1. This second appeal is directed against the judgment and decree passed by the Court below which has affirmed the judgment and decree passed by the trial Court.The brief facts for the purposes of this appeal be noticed :One Bhagchand filed a suit under section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, (hereinafter referred to as the Act). The plea taken by him was that the premises were required for the bona fide business purpose of his son, Anand Kumar. The business to be started by sale of readymade garments. The trial Court came to the conclusion that the need of the landlord is bona fide. This finding was affirmed by the first appellate Court. The matter was taken to this Court. A second appeal bearing No. 60 of 1982 was registered. This Court on 14th December, 1987, remanded the matter back. The order of remand was passed with a view to determine as to whether Ram Singh, one of the tenants had in fact vacated a non-residential accommodati...
Nisar Ahmad Qureshi Vs. Smt. Hazra Begam Wd/O Dr. I.A. Khan
Court: Madhya Pradesh
Decided on: Aug-02-1996
Reported in: 1997(2)MPLJ17
ORDERS.C. Pandey, J.1. This is a revision Under Section 23-E of the M.P. Accommodation Control Act, 1961 (Henceforth, 'the Act'). It is directed against the order dated 24th of January, 1995, passed by the Rent Controlling Authority, Bhopal, in Case No. 89/RCA/92-93.2. The claim of the non-applicant/landlady was for eviction of the applicant/tenant from the suit house, based on Section 23-A(b) of 'the Act' and the applicant tenant contested it on merits by denying the existence of the ground on which his eviction was sought.3. During the cross-examination of the non-applicant, it was discovered by the applicant, that she claimed to be the landlady of the suit house by virtue of the will executed by her father-in-law in her favour. The will became operative upon his death from 11-1-1992. The application for eviction Under Section 23-A(b) of 'the Act' was filed within one year from the date of operation of will on 4-11-1992.4. Thereupon, the applicant, relying on the proviso to Section 2...
Ram Charan Singh Vs. Brij Bhushan Pandey and ors.
Court: Madhya Pradesh
Decided on: Aug-02-1996
Reported in: 1997(1)MPLJ565
ORDERT.S. Doabia, J.1. This Second Appeal has been preferred by the plaintiff landlord. He succeeded in convincing the Trial Court that Brij Bhushan, respondent tenant had sublet the premises to respondent Sevapuri who has since died and is represented by his legal heirs. This finding was reversed by the First Appellate Court. This is how this appeal has come to be filed in this Court.2. The brief facts for the purpose of disposal of this appeal be noticed :A suit was filed in the year 1968. The plea taken was that the plaintiff appellant required the premises for his personal use. A plea was also taken that Brijbhushan, the tenant had sublet the premises to Sevapuri. The Trial Court as noticed above came to the conclusion that eviction on the basis of grounds provided in section 12(1)(b) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as 1961 Act) stands established. The landlord was however non-suited with regard to the ground stipulated in section 12(1...
Branch Manager, Oriental Insurance Co. Ltd. Vs. Ranjit Singh Mishra an ...
Court: Madhya Pradesh
Decided on: Aug-02-1996
Reported in: 1998ACJ938; 1997(2)MPLJ155
R.P. Gupta, J.1. This appeal is directed against the order dated 1.12.1988 passed by Commissioner for Workmen Compensation, Distt. Shahdol, M.P., whereby the appellant insurance company was directed to pay Rs. 60,299.70 as compensation to respondent No. 1 and also interest on this amount at the rate of 6 per cent from the date of accident, i.e., 17.12.1985 till the date of payment/deposit. Respondent No. 1 was an employee of respondent No. 2 in a hazardous occupation. Respondent No. 2 had insured his employees including respondent No. 1 with appellant insurance company for payment of compensation under the Workmen's Compensation Act, 1923 (hereinafter called 'the Act'). The respondent No. 1 suffered an accident on 17.12.1985 wherein his right hand was crushed in a Loader Machine and had to be ultimately amputated above his elbow resulting in permanent disability. These factors are not in dispute. The compensation was calculated according to Section 4-B and Schedule IV of the said Act. ...
Commissioner of Income-tax Vs. M.P. Financial Corporation
Court: Madhya Pradesh
Decided on: Aug-01-1996
Reported in: [1997]227ITR888(MP)
A.R. Tiwari, J.1. These two miscellaneous civil cases are heard as connected matters and are being disposed of by this common order.2. Miscellaneous Civil Case No. 142 of 1993 is registered on reference from the Tribunal at the instance of the Commissioner of Income-tax, Bhopal, under Section 256(1) of the Income-tax Act, 1961 (for short the 'Act'), arising out of the order dated July 3, 1990, passed by the Tribunal in ITA No. 327/Ind. of 1989 relating to the assessment year 1984-85 and consolidated order dated December 30, 1991, passed by the Tribunal in ITA No. 311/Ind. of 1988 and ITA Nos. 57 and 58/Ind. of 1990 relating to assessment years 1983-84, 1985-86 and 1986-87, respectively. The Tribunal referred the undernoted questions at the instance of the Revenue. The Tribunal also accepted the request of the assessee during consideration of the application registered as RA No. 181/Ind. of 1990 and 42 to 44/Ind. of 1992 and referred the undernoted questions at the instance of the asses...
Sheela Rani and ors. Vs. Manish Kumar
Court: Madhya Pradesh
Decided on: Aug-01-1996
Reported in: 1997(1)MPLJ224
T.S. Doabia, J.1. The heirs of Babulal, tenant who were unsuccessful in both the Courts below have filed this second appeal. Both the Courts have gone against the tenant. The facts in brief are as under :2. That, Manish Kumar, son of Late Shri Satish Chandra Sharma filed the suit under section 12(1)(a) and 12(1)(c) of the M P. Accommodation Control Act, 1961 (hereinafter referred to as the Act). So far as the ground under sub-section (a) is concerned this is no longer available, as upto date arrears of rent have been paid. The only question which is required to be examined in the appeal is the need projected by Manish Kumar.3. In para 4 of the plaint it was clearly stated by him that the premises are required for his own residence and also for the residence of his mother Radha Bai and other member of the family. Manish Kumar did not appear in the witness box. However, his mother Radha Bai has entered the witness box as PW. 1. She projected the need as under :4. According to her, her so...
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