Madhya Pradesh Court July 1998 Judgments
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Controller of Estate Duty Vs. Parmanand Bhai Patel
Court: Madhya Pradesh
Decided on: Jul-27-1998
Reported in: [2000]241ITR244(MP)
A. K. Mathur, C.J.1. This is a reference at the instance of the Revenue against the order passed by the Tribunal under Section 64(1) of the Estate Duty Act, 1953. This court by order dated November 9, 1987, passed in M.C.C. No. 4 of 1984 called for a reference from the Tribunal on the following question of law :'On the facts and in the circumstances of the case, what would be the interest of the deceased Smt. Ujjambai Patel at the time of her death in the partnership of the firm Mohanlal Hargovind Das, according to the interpretation of the deed of partnership and declarations made in regard to the gold bonds ?'2. Accordingly, the Tribunal has referred the matter to this court on the aforesaid question of law.3. The brief facts giving rise to this reference are that the late Smt. Ujjambai Patel estate holder died on April 30, 1971. At the time of her death, she was a partner in the partnership firm, Mohanlal Hargovind Das, having a l/8th share therein. As regards the property that pass...
S.K. JaIn Vs. Smt. Dayawati W/O Shivshankerlal
Court: Madhya Pradesh
Decided on: Jul-27-1998
Reported in: 1998(2)MPLJ439
C.K. Prasad, J.1.This is defendant's second appeal Under Section 100 of the Code of Civil Procedure against the judgment of reversal.2. Plaintiffs-respondents filed the suit for recovery of arrears of rent amounting to Rs. 6,177/- XIth Civil Judge, Class-II, Jabalpur, by Judgment and Decree dated 9-7-1984 passed in Civil Suit No. 75-B/82 dismissed the suit. Plaintiffs aggrieved by the same preferred appeal and IVth Additional District Judge, Jabalpur by judgment and decree dated 13th July, 1989 allowed the appeal and decreed the plaintiffs' suit. Defendant being aggrieved by the same has preferred this appeal by order dated 2-1-1990, appeal has been admitted on the following substantial question of law :-(i) 'Whether the suit was bad for not joining Shri B. K. Tiwari, advocate, as party in the suit?(ii) Whether the Court below was right in passing a decree for arrears of rent as well as for the rent prior to the date of sale executed in favour of the respondents dated 12-2-1981 Ex. P-6...
Afros and ors. Vs. Ram Swarup Pathak and ors.
Court: Madhya Pradesh
Decided on: Jul-27-1998
Reported in: 2000ACJ851
S.C. Pandey, J.1. This misc. civil case arises out of the order dated 16.11.1995, passed by this court in Misc. Appeal No. 35 of 1994. The Misc. Appeal No. 35 of 1994 was filed by the owners and the driver of the vehicle against the award dated 30.11.1993 passed by Motor Accidents Claims Tribunal, Panna, in Claim Case No. 11 of 1990.2. It appears from the order sheet dated 26.8.1994 that Misc. Appeal No. 35 of 1994 was admitted only on the ground 'as to whether the insurance company, respondent No. 8 is under the terms of the insurance agreement liable for the entire amount of award?' Notices were issued on LA. Nos. 421 and 422 of 1994 for permitting the appellants to pursue the appeal without depositing any amount under award, as the respondent No. 8 had deposited Rs. 25,000. Subsequently, by order dated 14.3.1995 this court dismissed the LA. No. 421 of 1994 filed by the counsel for the appellants, Mr. N.K. Shukla, Advocate and directed that the appellants shall deposit 50 per cent of...
H.H. Maharaja Martand Singh Judeo Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jul-24-1998
Reported in: [1999]239ITR404(MP)
A.K. Mathur, C.J. 1. This is a reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the assessee and the following question of law has been referred by the Tribunal for answer of this court : 'Whether, on the facts and in the circumstances of the case, the interest payment of Rs. 3,18,203 on bank overdrafts was an allowable deduction in computing the income of the assessee ?' 2. The brief facts which are necessary for disposal of this reference, are that the assessee during the financial year April 1, 1979, to March 31, 1980, relevant to the assessment year 1980-81, derived income from interest from banks and private parties at Rs. 1,07,338 and dividend income from Indian as well as foreign companies amounting to Rs. 5,27,146. The assessee paid interest to the banks to the extent of Rs. 3,75,203 and claimed deduction of the same in computing the income from interest and dividends. The Income-tax Officer allowed the education for only Rs. 57,000under Section 80...
Rajkumar Sharma Vs. Laxmi Sharma
Court: Madhya Pradesh
Decided on: Jul-23-1998
Reported in: II(1999)DMC126
D.M. Dharmadhikari, J.1. This is an appeal by the husband under Section 28 of the Hindu Marriage Act against the Judgment dated 8.7.1996 of the Court of 5th Additional District Judge, Bilaspur, whereby his petition filed for divorce against the wife has been dismissed only on the ground of non-payment of full amount of interim maintenance, and litigation expenses to the wife as ordered in proceedings under Section 24 of the Act. 2. In this Court also directions were issued on 6.3.1998 for payment of arrears of maintenance at the rate of Rs. 350/- per month and to pay a sum of Rs. 500/- as litigation charges. 3. On 20.4.1998 the couple was called by the Court for efforts of re-conciliation. The husband refused to accept the wife to his house stating that she is an abnormal person although this Court, when questioned her found no apparent abnormality. The re-conciliation efforts failed. 4. The learned Counsel appearing for the husband in this appeal submits that the husband, because of h...
Loknath Gupta Vs. State of M.P. Through C.B.i.
Court: Madhya Pradesh
Decided on: Jul-23-1998
Reported in: 1998(2)MPLJ629
ORDERDipak Misra, J.1. As common questions of law are involved in these applications referred Under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') they were heard analogously and are disposed by this common order. For the sake of clarity and convenience the facts set forth in the M. Cr. C. No. 5356/97 are herein adumbrated.2. The accused-petitioner is facing prosecution for offences punishable Under Section 7(13)(1)(d) read with Section 13(2) of the Prevention of Corruption Act, (hereinafter referred to as 'the Act') in Special Case No. 37/90 in the Court of Vth Additional Sessions Judge/Special Judge (CBI), Jabalpur. In the aforesaid case the prosecution filed charge-sheet along with the sanction purported to have been granted by one Shri M. Mandal, the Chief General Manager, State Bank of India. When the question of proving sanction arose the prosecution instead of examining the said Shri Mandal, examined one Raman Bihari Shrivastava, Dy. Genera...
United India Insurance Co. Ltd. Vs. Sher Ali and ors.
Court: Madhya Pradesh
Decided on: Jul-21-1998
Reported in: 2000ACJ507
R.D. Vyas, J.1. This appeal is directed against award passed in Claim Case No. 16 of 1994 dated 30.4.1996 by First Member, M.A.C.T., Ujjain, who is pleased to award the amount of Rs. 50,000 for an accidental death of the daughter of respondent Nos. 1 and 2. It is stated that on 30.8.1993 when the respondent No. 3 was driving truck No. MOU 3729, which was owned by respondent No. 4, knocked down Rukhsana, daughter of respondent Nos. 1 and 2. She was crushed under the truck and died. Upon the assessment of the evidence and the arguments the lower court granted award of Rs. 50,000.2. Mr. Saraf has only one argument and, i.e., the respondent No. 3 did not possess any valid licence renewed on the date of accident.3. This argument is said for rejection since the term of contract is also that a person who holds or had held licence and was not disqualified could be a good driver. In such circumstances there is no reason to accept the contention of the learned counsel for the appellant. The lice...
Dr. Manish Garg Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-20-1998
Reported in: AIR1999MP80; 1999(1)MPLJ250
ORDERS.P. Srivastava, J.1. Feeling aggrieved by the order passed by the Director, Medical Education, Bhopal dated 4-3-1998, whereunder his application dated 19-1-1998, seeking conversion of the Post Graduate Diploma course in Anaesthesia into the Course of M.D., (Anaesthesia) has been rejected, the petitioner has now approached this Court seeking redress praying for the quashing of the impugned order and a direction to the respondents to grant him admission in M.D., course in the subject of Anaesthesia in G. R. Medical College, Gwalior, with all consequential benefits.2. I have heard the learned counsel for the petitioner as well as the learned counsel representing the contesting respondents, and have also 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 petitioner had been selected in pre-P.G., Examination 1997, and at the time of counselling he had been granted admission in Diploma course in ...
Baldeo Singh Vs. Sukka (Since Dead) by Lr and ors.
Court: Madhya Pradesh
Decided on: Jul-20-1998
Reported in: AIR1999MP91; 1998(2)MPLJ478
ORDERS.P. Srivastava, J.1. Heard the learned counsel for the petitioner as well as the learned counsel representing the contesting respondents.2. Perused the record.3. Feeling aggrieved by the order dated 30-6-1980, passed by the Board of Revenue, the respondent No. 2, whereunder restoring the order passed by the Collector, -- Vidisha dated 11-9-1984, directing for the reversion of the agricultural holdings in dispute in favour of the original tenure-holder, and requiring for recording his name as bhumiswami in the revenue records, and for his being put in possession thereof, the petitioner has now approached this Court seeking redress praying for the reversal of the impugned order.4. The facts in brief shorn of details and necessary for the disposal of this case He in a narrow compass. Sukka, son of Nanna, was the recorded bhumiswami of the agricultural holdings in dispute. He was a member of the tribe which has been declared to be an aboriginal tribe as envisaged under the provisions...
Har Govind Naik Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jul-20-1998
Reported in: 1999(1)MPLJ211
ORDERS.P. Srivastava, J.1. Feeling aggrieved by the decision of the respondent-authority holding that the petitioner was not entitled to any post-retiral pensionary benefits, he has now approached this Court seeking redress praying for a direction to the respondents to release the aforesaid benefits treating him to be in service on 1-4-1987, extending to him the benefits available under the M.P. Civil Services (Pension) Rules 1976 as amended from time to time bringing within its purview the Full-time employees, officers and teachers of the University w.e.f. 1-4-1987.2. I have heard the learned counsel for the petitioner as well as the learned Government Advocate, representing the respondents, and have carefully perused the record.3. The facts in brief, shorn of details and necessary for disposal of this petition lie in a narrow compass. The petitioner was duly appointed as an Assistant Professor in Madhav Mahavidyalaya, Gwalior, on 9-11-1970. Taking in account his date of birth, he was...
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