Madhya Pradesh Court February 1999 Judgments
Commissioner of Income-tax Vs. Regional Soyabean Products Co-operative ...
Court: Madhya Pradesh
Decided on: Feb-26-1999
Reported in: [1999]239ITR217(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 applicant/Revenue 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 Tribunal was justified in law in holding that having issued the notice under Section 143(2) of the Act, the Assessing Officer's action in making prima facie adjustment and in issuing intimation under Section 143(1)(a) were without jurisdiction ?'2. The brief facts which are necessary for disposal of this reference, are that the assessee is a co-operative society. For the assessment year 1991-92, the assessee filed a return declaring loss of Rs. 4,70,99,141. The Assessing Officer processed the return under Section 143(1) of the Act and made the following adjustment :Rs.(i)Depreciationon building since it was not shown in the balance-sheet71,31,250(ii)Depreciationon plant and machinery since it was not...
Tag this Judgment!Mineral Exploration Corporation Ltd. and Anr. Vs. Mineral Exploration ...
Court: Madhya Pradesh
Decided on: Feb-26-1999
Reported in: (2001)IIILLJ1307MP
ORDERG.K. Prasad, J.1. In Writ Petition No. 1981 of 1998 filed under Article 227 of the Constitution of India, petitioner i.e., Mineral Exploration Corporation Limited prays for quashing of the award dated March 24, 1998 (Annexure P-2) of the Central Government Industrial Tribunal, Jabalpur whereby it directed for appointment of 64 persons on compassionate ground and further directed for treating 2145 temporary employees as permanent employees by issuance of the writ in the nature of certiorari or any other writ, order or direction. In W.P.No. 5423/1998, petitioner, Mineral Exploration Corporation Employees Union prays for modification of the aforesaid award and seek direction that the services of the workmen be regularised with effect from January 7, 1993 and they be paid regular pay scales from the said date. Both the writ petitions are being disposed off by this common order.2. Facts necessary for the decision of the present writ petitions as pleaded in W.P. No. 1981/1998 are that t...
Tag this Judgment!indra Bahadur Singh and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-26-1999
Reported in: II(1999)DMC101
S.P. Khare, J.1. Appellants Indra Bahadur Singh and Shobhnath Singh have been convicted under Section 304B of the Indian Penal Code and sentenced to rigorous imprisonment for 10 years.2. Deceased Seema was married to appellant Indra Bahadur Singh in the year 1987. She sustained burn injuries on 27.2.1990 and died on 3.3.1990.3. The prosecution case is that on 27.2.1990 Seema poured kerosene oil on her and set her ablaze. She was taken to the hospital. She lodged report Ex. P21 while she was in the hospital. Her dying declaration was recorded by Shri Emil Lakda (PW 10), Dy Collector and Executive Magistrate on 27.2.1990. That is Ex. P19. Her dying declaration was again recorded on 28.2.1990 by Shri R.R. Meshram (PW 11) who was Naib Tahsildar and Executive Magistrate. That dying declaration is Ex. P20. Deceased Seema had written three letters; Ex. P2, Ex. P7 and Ex. P8 to her father complaining about the demand of dowry and harassment which was being caused to her by the appellants.4. Th...
Tag this Judgment!Vijay Singh Thakur (Dead), Through His Widow Kamlesh Thakur Vs. State ...
Court: Madhya Pradesh
Decided on: Feb-26-1999
Reported in: 1999(2)MPLJ421
S.P. Khare, J.1. This appeal was filed by Vijay Singh. He was convicted under Sections 409 and 477A, Indian Penal Code and Section 5(1 )(c) read with Section 5(2) of the Prevention of Corruption Act, 1947 on his 'plea of guilty' and was sentenced to rigorous imprisonment for one year on each count. He was also sentenced to pay a fine of Rs. 5,000/- for the offence under Section 409, Indian Penal Code. He died during the pendency of this appeal. His widow Smt. Kamlesh Thakur has been granted leave under the proviso to Section 394 of the Code of Criminal Procedure, 1973 to continue this appeal as she does not want that stigma of conviction should remain attached to the name of her husband. Thus, this appeal has not abated.2. Vijay Singh was Upper Division Clerk in Government Higher Secondary School, Salibada, Jabalpur. The charge against him was that on 5-11-1985 he prepared a bill for Rs. 5,000/- and deposited it in the treasury on 4-12-1985. It was for payment of advance of Rs. 5,000/-...
Tag this Judgment!Sumitra Bai and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-26-1999
Reported in: 1999CriLJ2541
S.P. Khare, J. 1. Appellants No. 2 to 6 have been convicted under Sections 363 and 366 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of 3 years and 5 years respectively. They have also been sentenced to pay a fine of Rs. 500/- and Rs. 1,000/- each for these offences. Appellant Sumitra Bai and Vijay have been convicted under Section 368 of the Indian Penal Code, and sentenced to rigorous imprisonment for a period of 5 years and to a fine of Rs. 1,000/- each.2. The prosecution case is that on 22-8-1985 at about 2.00 p.m. Sangeeta (P.W. 10) aged about 14 years and a student of Class VIII was reading in her house. She is daughter of Bindasingh (P.W. 7) who was Security Guard in Katkona Colliery. Accused K. Shanker Rao Reddy, Basantram. Shrichand, Ghuran and Anil Kumar Vlishra, knocked at the back door of her house. She opened the door. They told her that accused Sumitra was calling her. Sangeeta (P.W. 10) used to treat accused Sumitra, as her sister. Sangeeta...
Tag this Judgment!Commissioner of Income-tax Vs. Regional Soyabean Products Co-operative ...
Court: Madhya Pradesh
Decided on: Feb-26-1999
Reported in: (1999)155CTR(MP)512
(A. K. Mathur, C.J.)This is a reference under Section 256(1) of the I.T.Act at the instance of the Applicant/Revenue 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, Tribunal was justified in law in holding that having issued the notice u/s. 143(2) of the Act, assessing officer's action in making prima facie adjustment and in issuing intimation u/s 143(1)(a) were without jurisdiction?'2. The brief facts which are necessary for disposal of this reference, are that the assessee is a co-operative society. For the assessment year 1991-92, the assessee file return declaring loss of Rs. 4,70,99,141. The assessing officer processed the return under section 143(1) of the Act and made the following adjustmentRs.(i)Depreciation on building since it was shown in the balance sheet71,31,250(ii)Depreciation on plant & not shown in the Balance Sheet.1,91,13,145(iii)Entertainment expenditure2,105 ...
Tag this Judgment!National Mineral Development Corporation Ltd., Hyderabad Vs. State of ...
Court: Madhya Pradesh
Decided on: Feb-25-1999
Reported in: AIR1999MP112; 2000(1)MPLJ429
A.K. Mathur, C.J.1. All these four writ petitions involve common question of law; therefore, they are being disposed of by this common order.For convenient disposal of all the petitions, facts given in Writ Petition No. 487 of 1998 are taken into consideration.2. The petitioner by this petition has prayed that by appropriate writ or order or direction, letter dated 14-1-1997 issued by Collector, Bastar (Annex. P-1), order dated 30-5-1997 passed by Additional tahsildar demanding a sum of Rs. 18,58,61,568.00 (Annex. P-2), order dated 17-12-1997 passed by Minister for Mineral resources, Department of Madhya Pradesh (Annex. P-3) and letter of the Collector dated 8-1-1998 (Annex. P-4) claiming royalty on iron ore slimes may be quashed.3. The petitioner is a Company registered under the Companies Act. It is a Government Company,-- an undertaking of the Central Government. The petitioner Company obtained a mining lease measuring area 672.25 from the State Government in the year 1965 for extra...
Tag this Judgment!Ravindra Singh Sando Vs. Bharat Petroleum Corporation Ltd. and ors.
Court: Madhya Pradesh
Decided on: Feb-25-1999
Reported in: AIR1999MP156
A.K. Mathur, C.J. 1. This is a Letter Patent Appeal directed against the judgment of the learned single Judge dated 2-12-1998 in Writ Petition No. 3337 of 1998 whereby the learned single Judge has allowed the petition arid quashed the order of the Collector, Raipur dated 3rd June, 1996 (Annexure-P11).2. Brief facts which are necessary for disposal of this appeal are that there is a petrol pump in the city of Raipur situated at G.E. Road, Civil Lines on Nazul Plot No. 17/57 in Block No. 15, measuring 42,417 square feet held on a lease granted by the respondent No. 1- State of Madhya Pradesh in favour of one late Shri Inder Singh. The lease was granted in 1963. A portion of the leased plot measuring 30,800 sq. ft. was left out by Inder Singh for M/s. Burmah Shell Oil Storage and Distribution Company by a registered lease deed which succeeded by the present petitioner i.e. M/s. Bharat Petroleum Corporation Limited. Under the said sub-lease, the petitioner M/s. Bharat Petroleum Corporation...
Tag this Judgment!Smt. Amita Vs. A.K. Rathore
Court: Madhya Pradesh
Decided on: Feb-25-1999
Reported in: AIR1999MP218; 1999(2)MPLJ451
V.K. Agarwal, J.1. This is an appeal under Section 28 of the Hindu Marriage Act, 1955, (hereinafter called as 'Act' for short), challenging the judgment and decree dated 19-3-1998, allowing the petition of the respondent under Section 13 of the 'Act' and granting him a decreeof divorce against the appellant-wife.2. Undisputedly, the appellant was married to the respondent on 26-1-1989 in accordance with Hindu rites. A son Goldi was born out of the said wed-lock on 28-11-89. Appellant-wife has also given birth to her second son on 30-9-1997, while the petition for divorce by the respondent was pending in the lower Court.3. The respondent-husband filed an application for divorce. It was averred by him that he was married to the appellant in 'Samuhik Vivah Sammelan' held by 'Rathore Chhatriya Sabha' Jabalpur, The respondent/petitioner lived with his wife - the appellant, and gave birth to their son Goidi. The appellant-Amita, however, started demanding money on threats that on the failure...
Tag this Judgment!K.L. Khandelwal and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-25-1999
Reported in: 1999(1)MPLJ618
ORDERS.S. Jha, J.1. Petitioner has filed this petition claiming benefit of gratuity and payment of 10% interim relief as announced by the State Government to its pensioners.2. In short, the petitioner is claiming all retirement benefits at par with the State Government employees.3. Petitioner No. 1 is retired as Deputy Registrar of Jiwaji University, Gwalior. Petitioner No. 2 is a Society of the pensioners of the University employees. The University employees have raised a dispute in respect of payment of pension and other retirement benefits at par with the State Government employees. The State Government considered these facts and passed an order on 6-12-1989 that the University employees shall get benefits at par with the State Government employees in respect of pension, gratuity, family pension and commutation of pension. In this circular, it was written that no assistance shall be given by the State Government and this facility shall be given by the contributory provident fund of ...
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