Madhya Pradesh Court August 1996 Judgments
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Reeta Gupta and ors. Vs. Mahesh Prasad S/O Ram Swaroop
Court: Madhya Pradesh
Decided on: Aug-01-1996
Reported in: 1997(1)MPLJ365
T.S. Doabia, J.1. This Second Appeal is directed against the concurrent findings recorded by the courts below holding that a relationship of tenant and landlord exist between the predecessor of the present appellant and the respondent landlord. The need of the respondent landlord was found to be established in terms of section 12(1)(f) of the M. P. Accommodation Control Act, 1961. The claim of the landlord that there was sub-letting by the tenant was negatived. It is against the above findings, the tenant has preferred this second appeal. The facts in brief be noticed as under :2. It was the case of the respondent landlord that one Brundavan Lal Gupta son of Raghunath Prasad was inducted as a tenant in pursuance of a rent note dated 1st of August, 1976. This is exhibit P/4. The plaintiff wanted the premises in terms of section 12(1)(f). The need projected by him was that the premises are required by his son Ashok Kumar. This Ashok Kumar had obtained degree of M.Com. He was unable to fi...
State of M.P. Vs. Chandrabhan Heeralal Yadav
Court: Madhya Pradesh
Decided on: Aug-01-1996
Reported in: 1997(2)MPLJ122
ORDERR.P. Gupta, J.1. A composite petition for leave for filing appeal against an order of acquittal dated 25-3-1995 passed in Session Trial No. 207/94 by Sessions Judge, Chhindwara under section 302, Indian Penal Code under Sub-section (3) of section 378, Criminal Procedure Code as well as the appeal there against was filed in this Court on 7-8-1995. As the matter was belated, an application under section 5 of the Limitation Act, 1963 for brevity (hereinafter referred to as 'the Act') for condonation of delay duly accompanied by affidavit, was filed though subsequently.2. In the present case, question for consideration, as has cropped up, is whether section 5 of the Act would be attracted in cases of appeal against an order of acquittal under section 378 of the Code of Criminal Procedure, 1973 (for brevity hereinafter referred to as 'the New Code'). Section 378 of the New Code is as extracted :'378. Appeal in case of acquittal - (1) Save as otherwise provided in Sub-section (2) and su...
Commissioner of Income Tax Vs. M. P. Finance Corporation.
Court: Madhya Pradesh
Decided on: Aug-01-1996
Reported in: (1996)136CTR(MP)312
A. R. TIWARI, J. :These two Misc. Civil Cases are heard as connected matters and are being disposed of by this common order.2. Misc. Civil Case No. 142 of 1993 is registered on reference from the Tribunal at the instance of the CIT, Bhopal under s. 256(1) of the IT Act, 1961 (for short the Act) arising out of the order dt. 3rd July, 1990 passed by the Tribunal in ITA No. 327/Ind/1989 relating to asst. yr. 1984-85 and consolidated order dt. 30th Dec., 1991 passed by the Tribunal in ITA No. 311/Ind/1988 and ITA Nos. 57 and 58/Ind/1990 relating to asst. yrs. 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/1990 and 42 to 44/Ind/1992 and referred the undernoted questions at the instance of the assessee :At the instance of the Revenue'Whether, on the facts and in the circumstances of the case, the...
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