Madhya Pradesh Court February 1999 Judgments
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Commissioner of Income-tax Vs. Smt. Padma Devi Jain
Court: Madhya Pradesh
Decided on: Feb-12-1999
Reported in: [2000]245ITR818(MP)
B.A. Khan, J.1. The Revenue has filed this application under Section 256(2) of the Income-tax Act, 1961, for calling for a statement of the case from the Income-tax Appellate Tribunal, Indore Bench, on the following stated questions of law, arising out of the Tribunal's order dated August 29, 1997:'1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in upholding cancellation of penalty of Rs. 1,15,000 under Section 271(1)(c) ? 2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in confirming cancellation of the penalty of Rs. 1,15,000 levied by the Assessing Officer under Section 271(1)(c) of the Income-tax Act holding that there is no mens rea of the assessee to conceal the income or to furnish inaccurate particulars ofincome, although the statutory provisions relating to levy of penalty under Section 271(1)(c) do not have any such condition relating to m...
Commissioner of Income-tax Vs. National Textile Corporation
Court: Madhya Pradesh
Decided on: Feb-11-1999
Reported in: [1999]239ITR176(MP)
B.A. Khan, J.1. The Income-tax Appellate Tribunal, Indore Bench, has referred the following question, stated to be a question of law arising out of its order dated April 25, 1995, passed in I.T.A. No. 981/Ind of 1990 for our opinion :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in law in allowing the gratuity claim of the assessee for the pre-nationalisation period amounting to Rs. 94,36,506, particularly when compensation for the takeover of the sick mills were, inter alia, decided after taking into account the liability of the gratuity for the pre-nationalisation period ?'2. The assessee is a corporation owned by the Government of Madhya Pradesh. It took over all the assets of sick textile mills as per their value shown in the balance-sheet as on March 31, 1974, pursuant to the Sick Textile Undertakings (Nationalisation) Act, 1974. It also took over certain liabilities as envisaged in the Act. The corporation later claime...
Smt. Shashi Devi Vs. Income-tax Officer and ors.
Court: Madhya Pradesh
Decided on: Feb-11-1999
Reported in: [2000]241ITR216(MP)
R.S. Garg, J.1. By this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the action of the respondents in issuing the commission under Section 131(1)(d) of the Income-tax Act, 1961, to the Valuation Officer and to quash the notices dated March 5, 1998, and June 25, 1998, issued by the Valuation Officer and to direct the Assessing Officer-respondent No. 1 to accept the valuation report submitted by the petitioner while disclosing her income under the Voluntary Disclosure of Income Scheme, 1997.2. The brief facts necessary for disposal of the petition are that the petitioner, who is carrying on business of repairs of electrical fittings, etc., is assessed to income-tax by respondent No. 1. For the assessment year 1996-97, she filed a return showing an income of Rs. 43,950. According to her, she started raising a construction of the property in the financial year 1993-94 and completed it by 1995-96. According to the petitioner, she had invested an...
Arjun Kushwah Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-11-1999
Reported in: II(1999)DMC118
S.P. Khare, J.1. Appellant Arjun Kushwah has been convicted under Section 306, Indian Penal Code and sentenced to rigorous imprisonment for four years and to a fine of Rs. 1,000/-.2. Deceased Rekha was wife of the appellant, who died on account of hundred percent burn injuries sustained by her on 16.2.1995 within three years of her marriage. The incident took place in the house of her husband.3. The prosecution case is that the appellant was demanding a motorcycle from the parents of the deceased. He was paid Rs. 15,000/- and again an amount of Rs. 5,000/- was paid to him. He used to beat and torture his wife. On 16.2.1995 at 6.30 p.m. the mother-in-law of the deceased asked her to take her son aged about one year to the first floor of the house. Rekha replied that she has just come to the ground floor with the child. At that time, the accused asked the deceased why she was not obeying her mother-in-law. He started assaulting her with fisticuffes. She took up the kerosene can from the ...
Annapurnabai @ Bhoori Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-11-1999
Reported in: I(2000)DMC699
S.P. Khare, J.1. Appellant Smt. Annapurnabai has been convicted under Sections 498A and 306, Indian Penal Code and sentenced to rigorous imprisonment for one year and five years respectively. She has also been convicted under Section 4 of the Dowry Prohibition Act and sentenced to rigorous imprisonment for six months.2. Deceased Sunita aged about 18 years married to the appellant's son Ramesh (D.W. 3) in April, 1987 committed suicide by pouring kerosene on her and setting her ablaze on 27.11.1987. She died on 19.12.1987 that is, within eight months of her marriage in the hospital. Phulchand Mishra (P.W. 1) and Rohinibai (P.W. 3) are her parents.3. The prosecution case was that the appellant was demanding Jhumka, Kardhan and money for T.V. connection from the parents of Sunita. The appellant used to taunt her that she was not beautiful and used to beat her. She treated her with cruelty. Her dying declaration Ex. P-12 was recorded by Shri S.R. Dewangan, Additional Tehsildar and Executive...
Smt. Annapurnabai @ Bhoori Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-11-1999
Reported in: II(1999)DMC196
S.P. Khare, J.1. Appellant Smt. Annapurnabai has been convicted under Sections 498A and 306, Indian Penal Code and sentenced to rigorous imprisonment for one year and five years respectively. She has also been convicted under Section 4 of the Dowry Prohibition Act and sentenced to rigorous imprisonment for six months.2. Deceased Sunita aged about 18 years married to the appellant's son Ramesh (DW 3) in April, 1987 committed suicide by pouring kerosene on her and setting her ablaze on 27.11.1987. She died on 19.12.1987 that is, within eight months of her marriage in the hospital. Phulchand Mishra (PW1) and Rohinibai (PW 3) are her parents.3. The prosecution case was that the appellant was demanding Jhumka, Kardhan and money for T.V. connection from the parents of Sunita. The appellant used to taunt her that she was not beautiful and used to beat her. She treated her with cruelty. Her dying declaration Ex. P-12 was recorded by Shri S.R. Dewangan, Additional Tehsildar and Executive Magist...
Vijay Kumar JaIn Vs. Smt. Kalpana Jain
Court: Madhya Pradesh
Decided on: Feb-11-1999
Reported in: I(2000)DMC399
S.C. Pandey, J. 1. This appeal has been filed under Section 28 of the Hindu Marriage Act, 1955 against the judgment and decree dated 6.7.1996 passed by the Second Addl. District Judge, Chhindwara, in Civil Suit No. 35-A/92. The Court below has dismissed the suit filed by the appellant under Section 13(1)(ia) of the Hindu Marriage Act (hereinafter referred to as the Act).2. The appellant in his plaint stated that the parties belonged to the Jain community. Appellant married the respondent on 11.7.1989. A son by name Vikesh was born out of the wedlock on 13.6.1990 in village Kunda. It was further stated in the plaint that the respondent and the appellant used to reside together in their matrimonial home. From the very inception of the marriage, behaviour of the respondent was not proper with the appellant and the members of the family of the appellant. She was prone to disrespect the members of the family of the appellant and used to abuse them in filthy language. The respondent did not ...
Arjun Jagannath Kushwah Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-11-1999
Reported in: 1999(2)MPLJ117
S.P. Khare, J.1. Appellant Arjun Kushwah has been convicted under Section 306, Indian Penal Code and sentenced to rigorous imprisonment for four years and to a fine of Rs. 1,000/-.2. Deceased Rekha was wife of the appellant, who died on account of hundred percent burn injuries sustained by her on 16-2-1995 within three years of her marriage. The incident took place in the house of her husband.3. The prosecution case is that the appellant was demanding a motorcycle from the parents of the deceased. He was paid Rs. 15,000/- and again an amount of Rs. 5,000/- was paid to him. He used to beat and torture his wife. On 16-2-1995 at 630 P.M. the mother-in-law of the deceased asked her to take her son aged about one year to the first floor of the house. Rekha replied that she has just come to the ground floor with the child. At that time, the accused asked the deceased why she was not obeying her mother-in-law. He started assaulting her with fisticuffs. She took up the kerosene can from the ki...
Smt. Annapurnabai Alias Bhoori Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-11-1999
Reported in: 1999CriLJ2696
S.P. Khare, J. 1. Appellant-Smt. Annapurnabai has been convicted under Sections 498A and 306, Indian Penal Code and sentenced to rigorous imprisonment for one year and five years respectively. She has also been convicted under Section 4 of the Dowry Prohibition Act and sentenced to rigorous imprisonment for six months.2. Deceased Sunita aged about 18 years married to the appellant's son Ramesh (D.W. 3) in April, 1987 committed suicide by pouring kerosene on her and setting her ablaze on 27-11-1987. She died on 19-12-1987 that is, within eight months of her marriage in the hospital. Phulchand Mishra (P.W. 1) and Rohinibai (P.W. 3) are her parents.3. The prosecution case was that the appellant was demanding Jhumka, Kardhan and money for T. V. connection from the parents of Sunita. The appellant used to taunt her that she was not beautiful and used to beat her. She treated her with cruelty. Her dying declaration Ex. P-12 was recorded by Shri S.R. Dewangan, Additional Tehsildar and Executi...
Oriental Insurance Co. Ltd. Vs. Kalawati Gupta and ors.
Court: Madhya Pradesh
Decided on: Feb-11-1999
Reported in: 2000ACJ894
A.K. Mathur, C.J.1. This is an appeal by the insurance company directed against the award dated 22.12.1997 passed by the 11th Additional Motor Accidents Claims Tribunal, Jabalpur in Claim Case No. 296 of 1994 whereby the claim of the claimants has been decreed by the learned Tribunal to the extent of Rs. 2,09,500 with interest at the rate of 12 per cent per annum.2. Brief facts which are necessary for disposal of this appeal are that an accident took place on 2.1.94 in which the deceased Ramjilal Gupta died. It is alleged that on the fateful day, deceased Ramjilal Gupta, after completing his night duty at Milk Plant situated at Adhartal, was coming back to his house at 7.00 a.m. When he was near the A.B. Gas Company, Adhartal, a tanker bearing No. M.P. 20-C 0526 coming from back side, struck against the cyclist Ramjilal Gupta as a result of which he fell down and sustained injuries and died on the spot. The matter was immediately reported and a case was registered with the police again...
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