Madhya Pradesh Court September 1996 Judgments
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United India Insurance Co. Vs. Mahila Ramshree and ors.
Court: Madhya Pradesh
Decided on: Sep-21-1996
Reported in: 2(1997)ACC586
Fakhruddin, J.1. This matter has been placed before us pursuant to the orders passed by Hon'ble Chief Justice to consider the question: 'Whether a separate Notification even after Notification No. S.0.368 (E) dated 22.5.1989, was required to be issued or a separate date for State of Madhya Pradesh was required to be notified for the applicability of the Act to the State of Madhya Pradesh in view of Section 3 of the Act'. (There appears to be a typographical error. It should be Section 1(3) of the Act.) Sub-section (3) of Section 1 of Motor Vehicles Act, 1988 is relevant and is quoted below:(3) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint; and different dates may be appointed for different States and any reference in this Act to the commencement of this Act shall, in relation to a State, be construed as a reference to the coming into force of this Act in that State.2. The Central Government issued a notification in...
Shatrughanlal Shrivastava and ors. Vs. State of Madhya Pradesh and ors ...
Court: Madhya Pradesh
Decided on: Sep-20-1996
Reported in: 1997(2)MPLJ54
ORDERA.K. Mathur, C.J.All these petitions involve common questions of law; therefore, they are disposed of by a common order. M.P. No. 5091 of 1989 and M.P. No. 5067 of 1989 relate to the grant of licence for the period fro4m 1-4-1989 to 31st March, 1990.1. The writ petitions M.P. Nos. 913/93, 914/93, 1818/93, 1884/93, 1943/93 and 1969/93 relate to the grant of licence for the period 1992-93.2. For convenient disposal of all these writ petitions, the facts given in M.P. No. 5091/89, Shatrughanlal Shrivastava v. State of M.P. are taken into consideration.3. Petitioners by this petition have prayed that Section 24 of the M.P. Excise Act, 1915, (for short the Act) and Rule II (3) of the General Licence Conditions Rules may be declared as ultra vires of the Act and Article 14 of the Constitution of India; that notice dated 8-10-1989 (Annexure-F) may be quashed; that respondents may be restrained from giving effect to the aforesaid notice for closure of the liquor shops; that the petitioner...
High Court of Madhya Pradesh and anr. Vs. Anand Mohan Agarwal and anr.
Court: Madhya Pradesh
Decided on: Sep-19-1996
Reported in: 1997(2)MPLJ63
ORDERS.K. Dubey, J.1. This is an appeal under Clause 10 of Letters Patent against the order of learned Single Judge passed in W. P. No. 523/95, decided on 12-4-1996.2. Facts giving rise to this appeal are those :The respondent No. 1, the writ petitioner was appointed vide Annexure P-1 on 4-12-1990 for three months on the leave vacancy as a Lower Division Clerk (L.D.C.) in the establishment of District and Sessions Judge, Narsinghpur. As there was another leave vacancy, the writ petitioner was allowed to continue vide order dated 28-2-1991. In the meantime, posts were advertised for selection of L.D.C.-cum-Steno. After selection the writ petitioner was appointed temporarily until further orders on the terms and conditions of appointment order dated 29-6-1991 (Annexure P-3), one of the terms was that the services shall be liable to be terminated at any time after giving one month's notice under Rule 12 of the M.P. Government Servants (Temporary and Quasi Permanent Service) Rules, 1960 (f...
ishaque @ Totaliya Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-19-1996
Reported in: 1997CriLJ3451; 1998(1)MPLJ30
D.P.S. Chauhan, J.1. The appellant Ishaque alias Totaliya was convicted in S.T. No. 127 of 1985 by Additional Sessions Judge, East Nimar, Khandwa vide Judgment and order dated 8-8-1986 whereagainst the present appeal is directed.2. The appellant was convicted under section 326, Indian Penal Code and was sentenced to 2 1/2 years' RI together with fine of Rs. 500/-.3. In the present case, a joint application was moved both by complainant and the appellant for seeking permission to compound the offence. The application was moved on 12-10-1995 together with an affidavit of Abdul Sattar, the complainant and in the affidavit it was stated that they have mutually compromised the matter voluntarily, not being under duress and the relationship between the families have become good and friendly.4. This Court, on 2-4-1996, passed the following order :'Appellant with Shri N. K. Khare, Shri Pendharkar, Dy. G. A. for the Res. State.Complainant Abdul Sattar with Shri R. A. Robertson, Advocate.Counsel...
Food Corporation of India, Bhopal and ors. Vs. Babulal Agarwal, Bhopal
Court: Madhya Pradesh
Decided on: Sep-18-1996
Reported in: AIR1998MP23
S.K. Dubey, J. 1. This is a defendants' appeal under Section 96 of the Code of Civil Procedure against the Judgment and decree dated 7-10-1994 passed in Civil. Suit No. 26-B/91, by the District Judge, Bhopal. 2, Admitted facts are thus, the appellant No. 1 Food Corporation ot India (FCI) in the year 1985, invited offers from the owners of land for construction, of plinths and other facilities (including building) as per specifications detailed in the advertisement for storing foodgrain. sugar, fertilisers and any other material handled by the FCI and after construction to lease to FCI on rent for 3 years with an option to FCI of renewal for one more year, on the same terms and conditions. The respondent-plaintiff firm had its land at Rasal Khedi near Bhopal submitted its offer for construction of plinths and other constructions as specified in advertisement, after negotiations, the offer of the respondent at the negotiated rate of 40 paisa per sq. feet was accepted vide letter dated. 1...
Ramachandra Rao and anr. Vs. Smt. Taradevi and ors.
Court: Madhya Pradesh
Decided on: Sep-18-1996
Reported in: AIR1997MP131
T.S. Doabia, J. 1. Ramachandra Rao and Bhaskar Rao are real brothers. They owned agricultural land in this State in the district of Shivpuri. The then revenue authorities formed an opinion that the land owned by the appellants and located in survey numbers 248 to 252 is required to be dealt with under the Madhya Bharat Land Utilization Act, Sam-vat 2007 (Act No. 38 of 1950) (hereinafter referred to as the Utilization Act). Before noticing the various contentions which have been raised in this appeal, it would be apt to notice the scheme of the above Act. 2. Any land which was not being put under cultivation and which land was described as fallow land was to be used for the purposes of the Utilization Act. However, before doing this, the owner was required to be given a notice in terms of Section 3(4) of the Utilisation Act. If objections were not. filed, or these objections were found to be without merit, then further steps could be taken under Sub-section (5). The land could be given ...
Commissioner of Income-tax Vs. Sharadaprasad Motilal and Brothers
Court: Madhya Pradesh
Decided on: Sep-18-1996
Reported in: [1998]229ITR647(MP)
A.R. Tiwari, J.1. The applicant-Revenue has filed this application under Section 256(2) of the Income-tax Act, 1961 (for short 'the Act'), seeking a direction to the Tribunal to state the case and refer the questions,as extracted below, arising out of the order dated October 25, 1993, passed in I. T. A. No. 206/Ind of 1993, after rejection of the application, presented under Section 256(1) of the Act, and registered as R. A. No. 23/Ind of 1994, on September 26, 1994, for the assessment year 1987-88 :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that there was no evidence of constitution of association of persons ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the income once assessed in the hands of the partner cannot be again assessed in the hands of the association of persons ?' 2. Briefly stated, the facts of the case are that a plot of land was taken on lease by Sha...
Commissioner of Income-tax Vs. Triveniprasad Pannalal
Court: Madhya Pradesh
Decided on: Sep-18-1996
Reported in: (1997)142CTR(MP)562; [1997]228ITR680(MP)
A.K. Mathur, C.J.1. This is an application under Section 256(1) of the Income-tax Act, 1961 (for short 'the Act'), at the instance of the Revenue and the following question of law has been referred for answer by this court ;'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in deleting the disallowance of Rs. 48,854 which had been made by the Income-tax Officer under Section 40A(3) of the Income-tax Act, 1961 ?'2. The question is what is the correct interpretation of Section 40A(3) of the Act. Section 40A(3) says that the assessee should not incur any expenditure in a sum exceeding Rs. 2,500 otherwise than by a crossed cheque drawn on a bank or by crossed bank draft. Such expenditure shall not be allowed as deduction. Therefore, the law only says that the amount exceeding Rs. 2,500 should not be paid except by way of cheque drawn on a bank or by a crossed bank draft and if it exceeds this amount, then such expenditure shall not be allowed ...
Life Insurance Corporation of India Vs. Smt. Prakash Kaur and ors.
Court: Madhya Pradesh
Decided on: Sep-18-1996
Reported in: 1997(1)MPLJ203
A.S. Tripathi, J.1. This appeal is preferred against the judgment and decree dated 1-11-1991 passed by IVth Additional District Judge of Gwalior, whereby a decree for recovery of Rs. 50,000/- along with interest of Rs. 11,250 and interest at the rate of 18 per cent per annum was passed, with Rs. 50 as expenses incurred on notices etc. However, Rs. 1,388.80 paise were directed to be adjusted. Costs was also allowed in favour of the plaintiffs/respondents.2. One Surjan Singh had taken life insurance policy for Rs. 50,000/-under Policy No. 57592125 on 25-5-1982. Surjan Singh died on 20-11-1982 on account of sudden illness in the hospital. The plaintiffs/respondents had put a claim of Rs. 50,000/- under the life insurance policy which was refused by the defendant/appellant, hence, the suit was filed.3. The plaintiffs/respondents alleged that Surjan Singh was quite healthy at the time of taking of insurance policy, he suddenly fell ill on 13-11-1982 and was hospitalised. Some swellings and ...
Commissioner of Income-tax Vs. Shri Sharada Prasad Motilal and Bros.
Court: Madhya Pradesh
Decided on: Sep-18-1996
Reported in: (1997)141CTR(MP)590
A. R. TIWARI, J. :The applicant-revenue has filed this application under s. 256(2) of the IT Act, 1961 (for short the Act) seeking direction to the Tribunal to state the case and refer the questions, as extracted below, arising out of the order dt. 25th October, 1993 passed in ITA No. 206/Ind/1993 after rejection of the application, presented under s. 256(1) of the Act, and registered as RA No. 23/Ind/1994, on 26th September, 1994, for the asst. yr. 1987-88 :'(1) Whether, on the facts and in the circumstances of the case, Tribunal was justified in holding that there was no evidence of constitution of AOP ?(2) Whether, on the facts and in the circumstances of the case, Tribunal was justified in holding that the income once assessed in the hands of the partner cannot be again assessed in the hands of the AOP ?'2. Briefly stated, the facts of the case are that a plot of land was taken on lease by Sharadaprasad, his wife Smt. Janakdulari and his two minor sons by a registered lease deed dt...
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