Madhya Pradesh Court December 2000 Judgments
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Sureshchandra Babulal Mittal Vs. Assistant Commissioner of Income-tax ...
Court: Madhya Pradesh
Decided on: Dec-11-2000
Reported in: (2001)169CTR(MP)29; [2001]249ITR603(MP)
A.M. Sapre, J. 1. The short question that arises for consideration in this writ filed by the petitioner under Articles 226 and 227 of the Constitution is, whether the Commissioner of Income-tax was justified in rejecting the application made by the petitioner (assessee) under Section 273A of the Income-tax Act, 1961 The facts in brief are these : 2. The dispute relates to the assessment years 1981-82 to 1986-87. 3. It appears that the petitioner (an assesses) was assessed for the aforementioned assessment years by the Assessing Officer. It further appears that penalty under Section 271 of the Act in these years was also imposed by the Assessing Officer. This gave rise to the making of an application (annexure C) by the petitioner under Section 273A of the Act to the Commissioner claiming reduction or waiver of penalty so imposed by the Assessing Officer. It is this application that was rejected by the Commissioner by the impugned order which is challenged by the petitioner in this peti...
R.L. Verma Vs. Director General, Dr. Babasaheb Ambedkar National Insti ...
Court: Madhya Pradesh
Decided on: Dec-08-2000
Reported in: 2001(2)MPHT85
ORDERJ.G. Chitre, J. 1. In the interest of justice and as short point has been involved for adjudication of this petition, it is being decided finally at this motion hearing stage.2. Shri C.N. Nair, by pointing out Annex. P-16 submitted that an illegal order has been passed by the respondents on 31-8-98 and the petitioner has been removed from service without any fault on his part. He submitted further that petitioner was reinstated in the service on 6-5-98. However, thereafter, without giving him an opportunity of hearing, submitting his say, he has been removed from the service. Challenging that act on the part of the respondents, the petitioner is hereby making a prayer for issuing a writ of mandamus directing the respondents to reinstate him in the service on the same post on which he was serving in the Institution before 31-8-98.3. Shri Consul, submitted that in the matter of W.P. 1428/96, the Division Bench of this Court had passed an order directing the respondents and other to ...
Bhooraji and Others Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-08-2000
Reported in: 2001(3)MPHT479
ORDERN.K. Jain, J.1. This case has sluggished for nearly 9 years and the end is yet not in sight, as direction for retrial seems inevitable.2. Appellants, 11 in number, were put to trial way back in January, 1992, and after a protracted trial for about 5 years, were convicted under Sections 148, 323/149 and 302/149 of IPC and sentenced to various punishments including imprisonment for life, vide judgment dated 23-8-1996, passedin Special Case No. 54/1996 (old Number 2/92), by the Court of Addl. Sessions Judge, Dhar, specific as 'Special Court' under Section 14 of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, (short, 'the Act'). It is significant to note that except the appellant Nos. 4 to 6 (who are themselves member of Scheduled Tribes) others (non-Scheduled Tribes) were additionally charged and held guilty under Section 3(2)(v) of the Act, but no separate conviction or sentence for the said offence has been recorded against them by the Trial Court. It is...
Radheshyam and ors. Vs. Kalani Asbestos Cement (P) Ltd. and ors.
Court: Madhya Pradesh
Decided on: Dec-08-2000
Reported in: 2003ACJ181
Bhawani Singh, C.J.1. This appeal is directed against the award of Fifth Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 11 of 1989 dated 26.9.1995.2. Ambaram died in the accident that took place on 26.12.1988 when he was hit by Matador bearing registration No. MKI 1235 when he was standing on the roadside resulting in his death. Allegation is that the accident took place due to rash and negligent driving of the Matador by the driver, otherwise it would not have taken place. Compensation of Rs. 2,00,000 has been claimed. Defence taken is that the facts stated are incorrect. The deceased was responsible for the accident. Claimants are not dependent on the deceased. The Claims Tribunal came to the conclusion that the deceased was 50 years old and died in the accident as alleged, consequently lump sum amount of Rs. 50,000 with interest at the rate of 12 per cent per annum from the date of filing of the claim application till payment has been awarded.3. Through this appea...
Prahlad Vs. Abdul Rehman and Others
Court: Madhya Pradesh
Decided on: Dec-07-2000
Reported in: 2001(2)MPHT29
Bhawani Singh, C.J. 1. This appeal is directed against the award of Motor Accident Claims Tribunal, Ratlam, dated 4-4-1994, Claim Case No. 22/92.2. Accident took place on 16-8-1990 at 11 a.m. when claimant was going from Kamed to Ratlam on motor-cycle with his friend as pillion rider. The motor-cycle was being driven slowly and carefully but tempo No. M.O.U. 4051 driven rashly and negligently hit the motor-cycle. As the result of this accident they fell down. The right foot was hit by the tempo as a result of which compound fracture was caused. He was taken to hospital at Ratlam where he stayed for 2 1/2 months and then to hospital at Ahmedabad where he remained for 1 1/2 months. Three operations were performed on him, leg plastered for long time still the claimant is suffering the impact of accident. Facts stated have been disputed by the other side. The tempo driver was driving it without permission nor he had valid licence to do so. Insurance Company was not informed about the takin...
Govind Singh and Others Vs. State of M. P.
Court: Madhya Pradesh
Decided on: Dec-07-2000
Reported in: 2001(1)MPHT189
Fakhruddin, J.1. Appellants have preferred this appeal aggrieved by the judgment of conviction of sentence dated 14-10-1989 delivered by Additional Sessions Judge, Shahdol in Sessions Trial No. 20 of 1989 (State of M.P. v. Govind Singh and others) whereby appellants 1, 3, 4 and 5 have been convicted under Section 304 Part-I read with Section 34, Indian Penal Code and sentenced to seven years rigorous imprisonment and fine of Rs. 200.00 each and appellant No. 2 Nevariya son of Phadali (now dead) has been convicted under Section 304 Part-I read with Section 34, IPC and sentenced to three years' rigorous imprisonment and fine of Rs. 200.00.2. Briefly stated the prosecution story is that land bearing khasra No. 257 is near Jeelan Nala at village Chhapani. It was sold in public auction by Shahdol Co-operative Society as the loan was not re-paid by Bhagloo, to Prem Singh Dixit, who purchased it in the name of Rajesh Singh Dixit. Patta was issued in favour of Rajesh Singh Dixit. The prosecuti...
Munna Khan and Others Vs. Jalil Ahmad Qureshi
Court: Madhya Pradesh
Decided on: Dec-06-2000
Reported in: 2002ACJ2090; 2001(1)MPHT365
ORDERBhawani Singh, C.J. 1. This appeal is directed against the award of Motor Accident Claims Tribunal, Indore, passed in Claim Case No. 630/99 dated 27-4-2000.2. Accident took place on 15-10-1999 when the Truck No. M.P. 09/ KB-5298 driven rashly and negligently by the respondent No. 1 hit the deceased, who was cleaner of the truck and was guiding it. As a result of this accident the deceased, who was 20 years old, died. The claimants are legal heirs of the deceased. Compensation of Rs. 6,50,000/- is claimed. Defence taken by the respondent is that the accident did not take place in the manner alleged. Therefore, the claim is liable to be dismissed. It is also alleged that the driver did not possess valid driving licence at the time of the accident. Claims Tribunal has found that the accident took place in the manner alleged by the claimants in which deceased died due to injuries suffered by him. Fact that the driver did not possess the valid driving licence has not been proved by the...
Subhash and Company Vs. Commissioner of Sales Tax and ors.
Court: Madhya Pradesh
Decided on: Dec-06-2000
Reported in: [2001]122STC442(MP)
ORDERA.M. Sapre, J.1. The short question that falls for consideration in this writ filed under Articles 226 and 227 of the Constitution of India is, whether a case for setting aside of an assessment order which according to petitioner were ex parte and without notice to the petitioner is made out In other words, the question is whether procedure prescribed for service of notice as contemplated under Rule 63 of the Madhya Pradesh General Sales Tax Rules, 1959, was followed by the department before passing the impugned assessment orders. According to petitioner, it was not followed and hence the impugned assessment must be set aside and fresh de novo assessment be made after giving the petitioner an opportunity. Whereas, the department defend the impugned assessment.2. Petitioner is a proprietory concern of which one Subhash Kimtee is a proprietor. The petitioner at all relevant time was engaged in the business of sale and purchase of iron goods. It is the case of petitioner that he, i.e...
M/S Durga Bus Service Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-06-2000
Reported in: 2001(2)MPHT227; 2001(2)MPLJ165
ORDERS.C. Pandey, J.1. Heard.2. This application under Section 482 of the Code of Criminal Procedure is directed against the order dated 27-4-2000 passed by the Second Additional Sessions Judge, Betul in Criminal Revision No. 39/2000 arising out of order dated 18-4-2000 passed by the Chief Judicial Magistrate, Betul in Criminal Case No. 360/2000.3. The petitioner claimed to be the owner of the bus No. MP-04/H/8517. The vehicle was seized by the police for violation of Section 66/192A of the Motor Vehicles Act. On 10-4-2000 at about 7.30 A.M. the bus was plying between Betul-Itarsi Route. The case of the prosecution is that the bus which was plying with the passengers had a board 'Indore Pandurna' which shows that bus was being run between Indore Pandurna route, of which the driver had no valid permit. Thus bus was seized for violation of Section 66 of the Motor Vehicles Act which is punishable under Section 192A of the Motor Vehicles Act. Thereupon an application was made to the Chief ...
Surajlal and Another Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Dec-06-2000
Reported in: 2001(2)MPHT350
Fakhruddin, J.1. The appellants have preferred this appeal against their conviction and sentence passed by Trial Court for the offence under Section 325/34, IPC.2. Briefly stated, the prosecution case is that P.W. 1 Lalla's daughter Devnabai P.W. 5 was married to Nago Rao son of Surajlal, appellant No. 1 about four years before the date of occurrence, which is dated 8-1-1986. Nago Rao married second wife and turned Devnabai out of his house. Not only that when Devnabai wanted dissolution of marriage, amount was demanded. Devnabai, therefore, filed a case in Multai Court for maintenance. The case was fixed for 7-1-86 and thereafter it was adjourned to 9-1-86. The prosecution alleges that on 8-1-86 at about 4.30 p.m. while Lalla was going from village Bori to village Semariya for bringing witness Munshi on the way Surajlal, appellant No. 1 and Bhim, appellant No. 2 met, they slopped him and questioned him as to why he has filed the case. Surajlal gave a lathi blow on the head. Lalla fell...
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