Madhya Pradesh Court September 1996 Judgments
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Beniram Sahu Vs. Beer Singh
Court: Madhya Pradesh
Decided on: Sep-09-1996
Reported in: 1(1998)ACC54
N.P. Singh, J.1. This appeal, as well as M.A. Nos. 952/96, 953/96, 954/96, 955/96, 956/96, 957/96, 958/96, 959/96 and 962/96 arise out of the same accident and common question of law is involved in these appeals. Therefore, they are heard together and disposed of at the admission stage without notice to the respondents.2. This appeal is directed against the order dated 1.7.1996 passed by the Motor Accidents Claims Tribunal, Chhindwara whereby he awarded interim compensation of Rs, 25,000/- to the appellants/claimants under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') on account of the death of the deceased in a motor accident which took place on 20.8.1995, after deducting the ex-gratia payments received by the claimants from the State Government and the respondent/MPSRTC.3. The question of law involved is whether payment of ex-gratia to the dependents of the deceased on account of the death of the deceased in the motor accident can be adjusted towa...
Balchand Malaiya and ors. Vs. Union of India and ors.
Court: Madhya Pradesh
Decided on: Sep-07-1996
Reported in: (1997)142CTR(MP)74
S. K. KULSHRESTHA, J. :This appeal has been filed under cl. 10 of the Letters Patent against the judgment dt. 30th November, 1988 of the learned Single Judge in First Appeal No. 218/84 and the consequent decree by which the judgment and decree dt. 6th August, 1984 passed by the learned District Judge, Sagar, in Civil Suit No. 5-B/84 have been affirmed.2. The plaintiffs are the trustees of Singhai, Karelal, Kundanlal Trust of which 25 per cent income is utilised for charitable purposes and remaining 75 per cent, accrues to its beneficiaries Smt. Gulab Bai and Tarabai. A notice under s. 80 of the CPC was sent to defendants before filing of the present suit.3. The plaintiffs filed a suit for recovery of Rs. 47,196 from the respondents on the averments that the respondents No. 1 & 2 illegally obtained from the account of the plaintiffs trust in respondent No. 3 bank, a sum of Rs. 36,063, even though there were no tax dues against the plaintiff trust. The defendants Nos. 1 & 2, the Union of...
State of Madhya Pradesh Vs. Bhura Alias Kamal and ors.
Court: Madhya Pradesh
Decided on: Sep-06-1996
Reported in: 1997CriLJ2815; 1997(2)MPLJ98
ORDERD.P.S. Chauhan, J.1. The State of Madhya Pradesh on 19th January, 1996, filed the present appeal against acquittal together with prayer for leave to appear without enclosing the certified copy of the judgment passed in S.T No. 766/94 by the 4th Additional Sessions Judge, Jabalpur acquitting accused persons, viz. Bhura for the offence Under Section 302, Indian Penal Code, Dinesh for the offence Under Section 302/34, Indian Penal Code as well as accused Panda and Gudda for the offence Under Section 201, Indian Penal Code.On 31st January, 1996 and 1st February, 19% it was posted before the Additional Registrar (Judicial). The application was posted being defective before Additional Registrar (J) on 31st January and 1st February, 1996 but non-appearance of the learned counsel before him led to the posting of the matter before the Court for orders. This Court thereon, on 2-9-1996 passed the following order:'Learned State Counsel, Shri Dilip Naik, wants to study the matter as to the eff...
Raghosingh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-06-1996
Reported in: 1997CriLJ2804
R.D. Shukla, J.1. Appeal is directed against the judgment and order dated 9-2-1996 of Add1. Sessions Judge, Agar district Shajapur passed in S.T. No. 246/94 where by accused-appellant has been convicted Under Section 148, IPC for being armed with deadly weapon as a member of unlawful assembly; Under Section 302/149, IPC on two counts for having committed murder of Gangaram S/o Raisingh and Umraosingh S/o Gangaram in pursuance of common object Under Section 323, R/w 149, IPC for causing simple injuries to Karansingh in pursuance of common object on 17-1.0-1986 at 2.30 p.m. in. village Amba and sentenced to imprisonment of two years, imprisonment for life on two counts and imprisonment for one year respectively.2. The prosecution story in brief is that on the date of incident Gangaram his son Umraosingh were harvesting the crop of Tuwar pulse from their field situated by the side of village road leading to Bijaynagri Accused-appellant along with Narainsingh, Bhagwansingh, Rugnath and Saj...
Uma Shankar Pandey Vs. Rajendra Singh Hardarshan Singh and ors.
Court: Madhya Pradesh
Decided on: Sep-06-1996
Reported in: 1(1998)ACC9
N.P. Singh, J.1. This appeal is directed against the award dated 8.12.1992 passed by the Motor Accidents Claims Tribunal, Sidhi in Claim Case No. 19 of 1988 whereby the appellant was held liable to pay compensation to the tune of Rs. 17,377/- and respondent/Insurance Company was held liable to pay compensation of Rs. 50,000/-.2. Facts relevant for disposal of this appeal are that on5.1.1988 the claimant/ respondent No. 1 was going on his Jeep bearing No. CIE-643. The Jeep of the appellant which was coming from the opposite side, was being driven by the respondent No. 3 in a rash and negligent manner and dashed against the Jeep of the claimant/respondent No. 1, as a result of which the claimant suffered fractures on his legs. The Jeep of the appellant was insured with the respondent No. 2/Insurance Company.3. The defence of the appellant/owner of the vehicle was that the respondent No. 1 was hinging on the foot-board of the Jeep by the side of the driver and his body was completely expo...
Commissioner of Income-tax Vs. Gupta Bandhu
Court: Madhya Pradesh
Decided on: Sep-04-1996
Reported in: [1998]229ITR731(MP)
S.K. Kulshrestha, J. 1. On an application having been made under Section 256(2) of the Income-tax Act, 1961, by the Commissioner of Income-tax, Jabalpur, seeking reference of the question arising out of order dated September 30,1983, of the Income-tax Appellate Tribunal, Nagpur, in R. A. No. 81/Nag. of 1983, a direction was made by this court to refer the said question and, accordingly, the following question has been referred by the Tribunal for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in reversing that order of the Income-tax Officer, whereby the registration of the assessee was cancelled ?'2. The assessee claimed the status of a registered firm for the year relevant to the assessment year 1976-77 but the Income-tax Officer treated the assessee as an unregistered firm. The assessee had filed Form No. 12 on July 30, 1976, as required by Section 184(7), as it stood in the relevant year. The Assessing Officer took...
Commissioner of Income-tax Vs. Purushottamdas Dhoribhai and Co.
Court: Madhya Pradesh
Decided on: Sep-04-1996
Reported in: [1997]226ITR579(MP)
A.K. Mathur, C.J.1. This is an income-tax reference under Section 256(1) of the Income-tax Act, 1961 (for short, the Act), and the followingquestions of law have been referred by the Tribunal for answer by this court :' 1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law to hold that the Assessing Officer/Department, had accepted the position that the income from fixed deposits receipt, was assessable under the head 'Business' on accrual basis ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law to hold that the findings of the Commissioner of Income-tax (Appeals) that interest on fixed deposits receipts was assessable under the head 'Other sources' is not correct ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the interest income amounting to Rs. 71,013 taxed on accrual basis and subsequently claimed as deduction is admissible under law ...
Hindustan Antibiotics Ltd. and anr. Vs. Kohli Medical Stores and anr.
Court: Madhya Pradesh
Decided on: Sep-04-1996
Reported in: 1997(1)MPLJ302
A.S. Tripathi, J.1. This appeal arises out of the judgment and decree dated 10-8-1994 passed by the IInd Additional District Judge of Gwalior, whereby the suit of the plaintiff/respondent No. 1 was decreed for recovery of Rs. 38073 with pendente lite and future interest at the rate of Rs. 12 per cent per annum. Costs was also allowed.2. Admitted facts are that the defendants/appellants have a manufacturing unit of medicines at Pune. They were supplying antibiotics etc. in different parts of the country. Respondent No. 1/plaintiff, residing at Gwalior, was their commission agent. An agreement between the parties was entered into for marketing, supply of the products produced by the defendants/appellants. Respondent No. 1 M/s Kohli Medical Stores was their commission agent for Gwalior region. In accordance with the terms of the agreement entered into between the parties, respondent No. 1 was entitled to his commission fees from the appellants.3. Later on some dispute arose and the respon...
Kheekbai D/O Sukhran Yadav Vs. Chamru Ram Yadav and ors.
Court: Madhya Pradesh
Decided on: Sep-04-1996
Reported in: 1997(2)MPLJ212
N.P. Singh, J.1. This appeal Under Section 384 of the Indian Succession Act, 1925 by the objector/appellant is directed against the order dated 8-4-1992 passed by the First Additional District Judge, Raigarh in Succession Case No. 4 of 1989, allowing the application for grant of succession certificate in the name of the respondent in respect of the date and sureties of the deceased Sonkunwar Bai.2. The applicants/respondents moved an application Under Section 372 of the Indian Succession Act for grant of succession certificate in respect of an amount of Rs. 31,484/- deposited towards G.P.F. and Family Benefit Fund by the deceased Sonkunwar Bai, who was working as a peon in the Soil Conservation Office at Dharamjaigarh, Distt. Raigarh and died issueless on 6-11-1987, on the basis of the nomination in the G.P.F. account submitted by the deceased in her office. The appellants objected to the grant of succession certificate to the respondents on the ground that they are heirs of the husban...
M.P. Rajya Bhumi Vikas Nigam Vs. Sita Charan Banwari and anr.
Court: Madhya Pradesh
Decided on: Sep-04-1996
Reported in: 1999(1)MPLJ344
ORDERD.M. Dharmadhikari, J.1. The facts of this case filed by M. P. Rajya Bhumi Vikas Nigam (hereinafter referred to as 'the Corporation' for short) are somewhat peculiar and uncommon. Sharp differences between the Chairman, Managing Director, and the President of Employees' Union of the Corporation have surfaced in this litigation and offer a sad commentary how its working and efficiency are impaired by such internal feuds.2. Sitacharan Banwari, respondent No. 1 was employed as Accountant and was at the relevant time posted in that capacity in the branch office of the Corporation at Itarsi. He was served with a chargesheet by the Managing Director.3. The Corporation was established under Section 3 of the M. P. Rajya Bhumi Vikas Nigam Adhiniyam, 1976 (hereinafter referred to as 'the Adhiniyam ' for short). Under Section 17, the Managing Director is prescribed as the appointing authority and in that capacity as the disciplinary authority in respect of employees of the Nigam. The provisi...
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