Madhya Pradesh Court April 1999 Judgments
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Koushalbai and ors. Vs. Aabidali and ors.
Court: Madhya Pradesh
Decided on: Apr-12-1999
Reported in: II(1999)ACC315; 2000ACJ569; AIR2000MP14; 1999(2)MPLJ587
Khan, J.1. These two appeals arise out of a common Judgment dated 9-2-96 passed by 1st Appellate Court in M. A. 263/90 limiting the liability of the Insurance Company to Rs. 15.000/- per passenger. The all important issue that arises in the matter was whether Tribunal was duty bound to examine copy of insurance policy on record on its own without insurer taking the plea of limited liability specifically and without proving it in reference to the terms of policy.2. Facts lie in a narrow compass. One Somariya, 35, died in a road accident while disembarking from the Bus. His claimants filed claim case No. 39/89. This was resisted by the insured owner and driver but the insurance company failed to file any writtenstatement or to take any defence of its limited liability. M.A.C.T., Kukshi, on consideration of matter awarded compensation of Rs. 54,000/-to claimants with 12% interest holding both the insured and the insurer Jointly and severally liable. The company, however, questioned this i...
Pinky Agencies Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Apr-12-1999
Reported in: [2000]241ITR558(MP)
1. The assessee has filed this application under Section 256(2) of the Income-tax Act, 1961, for calling for the statement of case from the Income-tax Appellate Tribunal on the following two questions for opinion of this court :'(i) Whether, the Tribunal erred in law in maintaining the disallowance of advertisement expenses without appreciating the facts and circumstances of the case and by ignoring the decision of the Supreme Court and jurisdictional High Court relied upon by the applicant ? (ii) Whether, on the facts and in the circumstances of the case, the advertisement expenses incurred by the assessee for the purposes of its business were rightly disallowed by the Tribunal ?' 2. It appears that the assessee was an agent/dealer engaged in the sale of 'bidis'. He said to have incurred some advertisement expenditure which was disallowed on the ground that he was not required to do so being the sub-agent/dealer. After his plea was turned down by the forums including the Tribunal, he ...
Anand Kumar Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-12-1999
Reported in: I(2000)DMC204
S.P. Khare, J. 1. Appellant Anand Kumar has been convicted under Sections 304B and 306, I.P.C. and sentenced to rigorous imprisonment for 7 years on each count and to a fine of Rs. 200/-.2. Deceased Geeta Bai was married to appellant Anand Kumar in the year 1992. She committed suicide by burning herself in the house of the appellant on 26.7.1993. These facts are not in dispute.3. The prosecution case is that the appellant was demanding a sewing machine and a table fan as dowry. He was beating her for not bringing these items from her parents. In May, 1993, the appellant took Geeta Bai to the house of her parents and left her there. He came back immediately. Deceased Geeta Bai disclosed to her parents that the appellant is demanding the above items and he was beating her. She lived there for about a month and she was sent back to the house of her husband. After 15 days, she brought an end to her life by setting her ablaze.4. The appellant pleaded not guilty. The Trial Court held that th...
Mukesh D. Ramtek Vs. Smt. Keshar Singh
Court: Madhya Pradesh
Decided on: Apr-12-1999
Reported in: 1999(2)MPLJ206
ORDERS.C. Pandey, J.1. This is an appeal against the order dated 25-9-1998, passed by 12th Additional District Judge, Jabalpur, in M.C.A. No. 100/97, arising out of the order dated 6-11-1997, passed by Rent Controlling Authority, Jabalpur, in Case No. 2-A/90(i)/96-97.2. This appeal has been filed against, the impugned order dated 25-9- 1998, passed by the Rent Controlling Authority, in exercise of its power, under Section 11 of the M. P. Accommodation Control Act, 1961 (henceforth 'the Act')-3. It has been argued by learned counsel for the appellant that the power to fix interim rent was not appealable before the learned Additional District Judge and, therefore, the order of remand dated 25-9-1998, passed by 12th Additional District Judge, Jabalpur, be set aside and the order passed by the Rent Controlling Authority under Section 11 of 'the Act' dated 6-11-1997 be maintained.4. As against this, learned counsel for the respondent argued that this is an exceptional case, where the Court ...
Shobhanlal and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-12-1999
Reported in: 2000(1)MPHT49
D.M. Dharmadhikari, J.1. By judgment dated 14th September, 1989, under appeal, of the First Additional Sessions Judge, Balaghat, appellant No. 1 Shobhanlal stands convicted and sentenced to life imprisonment under Section 302 I.P.C. His two brothers, appellants No. 2 Sukhchand and No. 3 Roopchand and the remaining two appellants, No. 4 Madanlal and No. 5 Yado have been convicted under Section 302/149 I.P.C. and sentenced to imprisonment for life. All the appellants have been further convicted under Sections 147 and 364 I.P.C. and sentenced to R.I. for one year and R.I. for 10 years with fine of Rs. 200/- each respectively for the said two offences. It was directed that in default of fine the accused would suffer further R.I. for four months.2. The charge against the appellant No. 1 Shobhanlal is that he along with the co-accused on 21.11.1988 at about 6.00 in the evening with the help and assistance of the other co-accused persons forcibly abducted his wife Smt. Dhurpatabai who was at ...
Varalmal Vs. Manohar Chand Chopda
Court: Madhya Pradesh
Decided on: Apr-10-1999
Reported in: 1999(2)MPLJ358
V.K. Agrawal, J.1. This second appeal filed under Section 100 of Civil Procedure Code is directed against the judgment and decree dated 22-3-1990 in Civil Appeal No. 48-A/88, by IInd Additional District Judge, Raipur, decreeing the claim of the plaintiff/respondent for eviction and recovery of rent, mesne profits etc, by reversing the judgment and decree dated 4-4-1998 in Civil Suit No. 199-A/87 by IX Civil Judge, Class-II, Raipur (MP).2. Undisputably, the plaintiff/respondent is the owner and landlord of House No. 15/104 situate at Jawahar Nagar Raipur. The defendant/appellant is the tenant of the plaintiff/respondent therein at the monthly rent of Rs. 65/-.3. The plaintiff/respondent filed a suit under Section 12(1) (h) of the M. P Accommodation Control Act, (hereinafter referred to as 'Act' for short), alleging that the suit accommodation is old and dilapidated and the plaintiff/respondent wishes to demolish the same and reconstruct a new building thereon, which cannot be carried ou...
M.P. Wakf Board Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-08-1999
Reported in: 1999(1)MPLJ723
ORDERS.C. Pande, J.1. The applicant has filed an application purporting to be under Section 24 of the Code of Civil Procedure. In the prayer clause, it has not been mentioned in this application under Section 24 of the Code of Civil Procedure where the applicant wants the proceedings pending before the Madhya Pradesh Wakf Tribunal, Bhopal (henceforth 'the Tribunal') to be transferred.2. The allegation made in the application for transfer under Section 24 of the Code of Civil Procedure shows that the Presiding Officer of 'the Tribunal' was a relative of the defendants-respondents Nos. 6 to 9 and, therefore, it is apprehended, that the applicant shall not get justice from Shri Majhar Ali, the Presiding Officer of 'the Tribunal'.3. It is not in dispute that the suit property is used as a Kabristan (grave yard). Initially a suit was filed before the Court of 7th Additional District Judge, Bhopal seeking permanent injunction and possession of that property by the applicant. Consequent to th...
Kowa Spinning Limited Vs. Khandwala Securities Ltd. and ors.
Court: Madhya Pradesh
Decided on: Apr-08-1999
Reported in: (2000)1CompLJ228(MP)
ORDERB.A. Khan, J.1. Appellant company is engaged in manufacture of yam and related products. It appears that it struck a 'bought out deal' with respondent pursuant to sponsorship agreement, dated 20.10.1994 whereby respondent purchased its 20.8 lakhs equity shares on behalf of itself and some co-investors for a face value of Rs. 10 on the terms and conditions set out in the agreement. Later, differences cropped up between the two leading to filing of Company Petition No. 9/99 by respondent before Company Law Board under Sections 397 and 407 of the Companies Act. [Cf. Khandwala Securities Limited and Ors. v. Kowa Spinning Limited and Ors. (2000) 1 Comp LJ 78 (CLB)]. The Board put appellant on notice and passed interim order, dated 25.2.1999 directing it to grant inspection of its records, list whereof was indicated and to make available copies of records/documents. The Board also granted appellant company time to file a reply to company petition upto (within ?) 20.3.1999. It seems that...
M.P. Wakf Board Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-08-1999
Reported in: 2000(1)MPHT117
ORDERS.C. Pandey, J.1. The applicant has filed an application purporting to be under Section 24 of the Code of Civil Procedure. In the prayer clause, it has not been mentioned in this application under Section 24 of the Code of Civil Procedure where the applicant wants the proceedings pending before the Madhya Pradesh Wakf Tribunal, Bhopal (henceforth 'the Tribunal') to be transferred.2. The allegation made in the application for transfer under Section 24 of the Code of Civil Procedure shows that the Presiding Officer of 'the Tribunal' was a relative of the defendants-respondents No. 6 to 9 and, therefore, it is apprehended that the applicant shall not get justice from Shri Majhar Ali, the Presiding Officer of 'the Tribunal'.3. It is not in dispute that the suit property is used as a Kabristan (grave yard). Initially a suit was filed before the Court of 7th Additional District Judge, Bhopal seeking permanent injunction and possession of that property by the applicant. Consequent to the...
United India Insurance Co. Ltd. Vs. Jamuna Bai and ors.
Court: Madhya Pradesh
Decided on: Apr-08-1999
Reported in: 2001ACJ1355
S.C. Pandey, J. 1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (henceforth 'the Act') filed by the insurance company, against the award of damages to the extent of Rs. 63,600 and interest at the rate of 12 per cent per annum from 28.11.1994 in favour of respondent Nos. 1, 2 (a), 2 (b), 2 (c) and 3. It appears that the respondent No. 2 (c) has died during the pendency of the appeal and, therefore, his name has been deleted.2. The Claims Tribunal had come to the conclusion that the appellant was liable to pay damages to the extent of Rs. 63,600 to the claimants on the ground that accident occurred on account of the use of tractor-trolley. It was held by Claims Tribunal specifically that Naresh suffered spinal injuries when the trolley was being unloaded of the tiles contained in it. The trolley was in a stationary position and was relatively steady at that time and then it turned turtle suddenly. It became unbalanced because on the back side of it there was heavy ...
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