Madhya Pradesh Court June 1998 Judgments
R.B. Polysacks Vs. Commissioner (Appeals) Central Excise
Court: Madhya Pradesh
Decided on: Jun-29-1998
Reported in: 1998(103)ELT16(MP)
Deepak Verma, J.1. Shri A.M. Mathur, Senior Counsel with Shri Upadhyaya Counsel for the petitioner. He is heard on the question of admission.2. Learned Counsel submitted that in this petition and in connected petitions listed today, being W.P. No. 859 of 1998 [R.B. Polysacks, Indore v. The Commissioner (Appeals)] W.P. No. 860 of 1998 [Commercial v. Commissioner (Appeals)] W.P. No 861 of 1998 [Neo Sack Ltd., Indore v. The Commissioner Appeals)] W.P. No 862 of 1998 [Neo Sack Ltd. v. The Commissioner (Appeals)] and W.P. No. 877 of 1998 [R.B. Polysacks v. Commissioner (Appeals)], common questions are involved and the same identical order is under challenge, therefore, they be also heard and disposed of simultaneously. Copies of the petitioner together with annexures have been served on the standing counsel for respondent Shri B.G. Neema today. He was called to appear on behalf of the respondents. He has, accordingly, appeared before me. He utrenuously prays this Court for grant of time to ...
Tag this Judgment!Madhya Pradesh State Road Transportcorporation Vs. Shanti Devi and ors ...
Court: Madhya Pradesh
Decided on: Jun-25-1998
Reported in: 2000ACJ859
Shacheendra Dwivedi, J.1. The appellantCorporation has preferred this appeal challenging the award passed by the Motor Accidents Claims Tribunal, thereby the respondent Nos. 1 to 6 have been awarded compensation in the sum of Rs. 1,02,000 on the death of Atarsingh Bansal who was the husband of respondent No. 1 and the father of respondent Nos. 2 to 6.2. Respondent/applicant Nos. 1 to 6 with mother of the deceased, named, Chanto Bai as applicant No. 7 had filed the application under Section 110-A of Motor Vehicles Act, 1939 for compensation, as Atarsingh had died in the accident caused by bus bearing registration No. CPH 8228 owned by the appellantCorporation and driven by respondent Brijmohan. During the pendency of the claim petition, Chanto Bai, the mother of the deceased, also died.3. It was stated in the application that when deceased Atarsingh with his colleague Harishankar Gautam was coming to Gwalior from Bhind on 12.6.1979, on the motor cycle of Harishankar, who was driving his...
Tag this Judgment!Rajat Mohan Verma Vs. Awadh Bihari Singh and ors.
Court: Madhya Pradesh
Decided on: Jun-24-1998
Reported in: 2000ACJ497
D.M. Dharmadhikari, J.1. This is an application under Section 24 of the Code of Civil Procedure for transfer of the motor accident claim proceedings pending between the parties in the Court of IXth Additional Motor Accidents Claims Tribunal, Bhopal.2. Mr. Ajay Mishra, learned counsel appearing for the applicant submits that following facts and circumstances which arose during pendency of the proceedings give rise to a reasonable apprehension in the mind of the present applicant, who is alleged to be the owner of the vehicle at the relevant time, that he would not get a fair and impartial decision in the case.3. In the claim for accident filed by the claimants, an application for grant of interim compensation was made. The present applicant took a plea that prior to the date of accident he had transferred the vehicle involved to one Rakesh Sharma and the name of transferee was also duly recorded by R.T.O., Bhopal in his records. The present applicant submitted photocopy of the transfer ...
Tag this Judgment!Smt. Savita Devi Vs. Commissioner of Gift-tax
Court: Madhya Pradesh
Decided on: Jun-23-1998
Reported in: [1999]240ITR954(MP)
A.K. Mathur, C.J. 1. This is a reference under Section 26(1) of the Gift-tax Act, 1958. The Tribunal has referred the following question of law for answer by this court : 'Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that gift of gold to the daughter and daughter-in-law on the occasion of their marriage amounted to 'gift' within the meaning of Section 2(xii) of the Gift-tax Act, 1958 ?' 2. The brief facts which are necessary for disposal of this reference are that during the course of the wealth-tax assessment proceedings of the late Shri Damji Tulsidas, it was noticed by the Gift-tax Officer that 80 tolas of gold ornaments in the assessment year 1980-81 were reduced to 50 tolas in the assessment year 1981-82. It was revealed that in the assessment year 1981-82, the deceased assessee had given 15 tolas of gold to his daughter and another 15 tolas to daughter-in-law at the time of their marriages on December 12, 1980, and December 13, 1980, ...
Tag this Judgment!Abdul Kareem Vs. Mahendra Singh and ors.
Court: Madhya Pradesh
Decided on: Jun-23-1998
Reported in: 2000ACJ659
S.K. Dubey, J.1. This is claimant's appeal for enhancement of compensation awarded vide award dated 18.10.1993 in Motor Claim Case No. 91 of 1992 passed by the IX Additional Motor Accidents Claims Tribunal, Bhopal.2. It is not in dispute that on 7.1.1991, the appellant was travelling as a passenger in taxi No. MPF 7731 which was going from Bhopal to Sehore, driven by respondent No. 1, owned by respondent No. 2 and insured with respondent No. 3. The said taxi met with an accident as a result of which, the appellant received injuries on the left side of the body. He was admitted in District Hospital, Sehore and then was shifted to Hamidia Hospital, Bhopal, where he was treated for the injuries suffered by him. The Tribunal determined the compensation of Rs. 95,000 wherein 10 per cent deduction was made for lump sum payment. Thus the total compensation of Rs. 85,500 was awarded.3. Learned counsel for the appellant submitted that the appellant was a mechanic who is not in a position to dis...
Tag this Judgment!K.K. Fabrics Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jun-23-1998
Reported in: 1999(65)ECC384; 1999LC225(MP); 1999(111)ELT697(MP)
ORDERDeepak Varma, J.1. This order shall also covers disposal of W.P. No. 808 of 1998 (Swastik Industrial Textiles v. Union of India), W.P. No. 809 of 1998 (Ruchi Fabrics ltd. v. Union of India) and W.P. No. 829 of 1998 (Bidasaria Brothers v. Union of India) as common questions are involved in these petitions.2. It may be mentioned here that earlier also petitioners were required to approach this Court for grant of certain reliefs to them. The earlier petitions have been disposed of and copies of the said orders passed by High Court from time to time have been annexed in the petition. Petitioners' grievance is that as per the directions given by the High Court, Commissioner (Appeals) was required to hear the petitioners appeal on merits; instead orders on petitioners' application filed under Section 35F of the Central Excise Act has been passed and a direction has been given to deposit the amount of duty. All these orders have been annexed as Annexure P-l to the petition.3. Petitioners...
Tag this Judgment!Uma Shankar Dwivedi Vs. Dev Moorty Radha Krishna
Court: Madhya Pradesh
Decided on: Jun-11-1998
Reported in: 1998(2)MPLJ158
ORDERS.P. Srivastava, J.1. Feeling aggrieved by an order passed by the trial Court rejecting an application dated 1-9-1997 filed by the defendant-applicant under Order 13, Rule 2, Civil Procedure Code for admitting 15 rent receipts claimed to have been issued during the period elapsing between 11-8-1962 to 16-3-1969, showing the rate of rent of the accommodation in dispute to be Rs. 7 per month, he has now approached this Court seeking redress praying for the reversal of the impugned order.2. I have heard the learned counsel for the defendant-applicant as well as the learned counsel representing the plaintiff-respondent and have carefully perused the record.3. The facts in brief, shorn of details and necessary for the disposal of this case lie in a narrow compass. The plaintiff-respondent has filed a suit giving rise to this revision wherein he has prayed for a decree for eviction of the defendant from the premises in dispute, which was claimed to have been let out to him. The plaintif...
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