Madhya Pradesh Court April 2000 Judgments
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Pithambardas Dulichand and ors. Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Apr-06-2000
Reported in: [2000]244ITR231(MP)
N.K. Jain, J.1. The petitioners are aggrieved by the order dated January 24, 1996 (annexure C/3), passed by respondent No. 2--the Deputy Commissioner of Income-tax, Circle Khandwa, whereby the petitioners-assessees have been informed that the amount of refund found due to them for the assessment year 1991-92, vide order dated November 1, 1995, has been set off against the sum remaining payable by the petitioners towards the assessment for the assessment year 1982-83.2. Section 245 of the Income-tax Act, 1961, provides for such a set-off. It thus reads as follows :'245. Where, under any of the provisions of this Act, a refund is found to be due to any person, the Assessing Officer, Deputy Commissioner (Appeals), Commissioner (Appeals) or Chief Commissioner or Commissioner, as the case may be, may in lieu of payment of the refund, set off the amount to be refunded or any part of that amount, against the sum, if any, remaining payable under this Act by the person to whom the refund is due...
A.M. Qureshi Vs. M/S Shakti Pictures Circuit Limited, Amravati
Court: Madhya Pradesh
Decided on: Apr-06-2000
Reported in: 2001(2)MPHT215
ORDERS.C. Pandey, J. 1. This is an appeal filed by the tenant under Section 100 of the Code of Civil Procedure against the judgment and decree dated 18-1-99, passed by the Additional District Judge, Raipur, in Civil Appeal No. 43-A of 1997, arising out of judgment and decree dated 17-5-96, passed by IVth Civil Judge Class-II, Raipur, in Civil Suit No. 342-A of 1992. The learned Additional District Judge has reversed the judgment and decree of the Trial Court and granted a decree of eviction against him.2. The disposal of this appeal shall also govern Second Appeal Nos. 320 of 1999, 321 of 1999, 322 of 1999 and 323 of 1999.3. The point that has been sought to be urged in this case is that the appellant is a lessee of the respondent. However, the respondent itself is the lessee of Dudhadhari Shri Vaishnava Trust Fund, Raipur. It is not in dispute that the accommodation belonging to the aforesaid Trust has been exempted from the operation of Madhya Pradesh Accommodation Control Act, 1961 ...
Anil Kumar Sinha Vs. State Bank of India and anr.
Court: Madhya Pradesh
Decided on: Apr-06-2000
Reported in: 2000(4)MPHT419; 2000(3)MPLJ36
ORDERDipak Misra, J.1. Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure, the plaintiff/petitioner has called in question the sustainability of the order dated 30th October, 1998 passed in MJC (Civil) No. 3/97 passed by the First Additional District Judge, Ambikapur.2. Shorn of unnecessary details, the facts are that, petitioner as plaintiff instituted a Civil Suit and filed an application to sue as an indigent person under Order 33 Rule 1 of the Code of Civil Procedure. After the said application was filed, the learned trial Judge directed an enquiry to be caused by the agency of the State and by Order dated 5-10-1998 his application to sue as an indigent person was dismissed. The Court below after dismissing the said application directed the petitioner to pay the Court fees of Rs. 81,800/- on the plaint. Time was granted till 27-10-98. As the petitioner could not pay the Court fees, further adjournments were granted to comply with the...
Niranjan Singh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-06-2000
Reported in: 2001CriLJ1544
ORDERArun Mishra, J.1. The appellants being aggrieved by their convictions under Sections 392 and 397, I.P.C. have preferred this appeal before this Court. They have been sentenced to undergo R.I. for seven years and fine of Rs. 500/- on each count, and on default of payment of fine to undergo further R.I. for six months.2. As per the prosecution case, on 2nd June, 1986 the accused persons had entered the shop of Babulal while he was in the process of closing. One shutter was already put and one shutter was still to be put. They entered the shop at about 9.15 p.m. and asked for a sum of Rs. 1001/- from the injured Babulal and asked him the reason why he had offered only two 'Ilachis' when the three persons had come to the shop the previous day. At the relevant time injured Babulal and his brother Munnalal (PW 4) were present and they were settling the account. Babulal was having Rs. 400/- in his hands. Ramsahay and Niranjan asked to hand over Rs. 1000/-. On refusal of the complainant B...
Kamal Chand Gupta and anr. Vs. Akshay Kumar Gautam and anr.
Court: Madhya Pradesh
Decided on: Apr-06-2000
Reported in: 2(2000)ACC715
ORDERV.K. Agarwal, J.1. This appeal is directed against the award dated 17.2.1994 in Claim Case No. 49/92, by Motor Accident Claims Tribunal, Satna, whereby an award of Rs. 82,200/- was passed in favour of the claimant/respondent No. 1.2. Undisputedly the claimant/respondent No. 1 on 18.2.1992 while riding his motorcycle reached 'Gahra Nala' near Chunginaka, was dashed by truck No. CPA 3900. He sustained grievous injuries in the accident. He filed an application under Section 166 of the Motor Vehicles Act, 1988, claiming compensation to the tune of 16,01,600/-.3. The learned Tribunal after scrutiny of evidence and assessment of material on record, concluded that the accident took place on account of contributory negligence on the part of the truck driver as well as that of the claimant/respondent No. 1. The learned Tribunal also assessed Rs. 1,00,000/- towards non-pecuniary damages due to permanent disability suffered by the claimant/respondent No. 1. Besides Rs. 32,000/- were also awa...
Ratan Singh and Another Vs. Shaligram and Another
Court: Madhya Pradesh
Decided on: Apr-05-2000
Reported in: 2001(1)MPHT97
ORDERA.K. Mishra, J. 1. Plaintiff has filed the present Letters Patent Appeal aggrieved by the dismissal of suit by learned single Judge, which was decreed by the Trial Court.2. The case has a chackered history. The present suit was filed by Ratan Singh and Bahadur Singh sons of Tulsiram against Shaligram and State of M.P. for possession of the land and mesne profit, on the allegation that one Sunderlal was the Bhumiswami of Survey No. 303/2 in area 15.50 acres of agricultural land situated at Mouza Sangalkheda Khurd in the district of Hoshangabad. The said Sunderlal died in the year 1964. The suit was filed for restoration of 7 acres of land out of Survey No. 303/2 marked in the map as 'ABCD' which was also the subject matter of an earlier suit bearing No. 4-A/72 filed in the Court of IInd Additional District Judge, Hoshangabad. As the judgment and decree was passed on 2-7-1964, it was held that the present plaintiff would be entitled for restoration of possession in the event he pays...
Smt. Anjali Kevlarmani and Others Vs. Shri Keshavram and Others
Court: Madhya Pradesh
Decided on: Apr-04-2000
Reported in: I(2002)ACC241; 2002ACJ241; 2001(1)MPHT62
ORDERBhawani Singh, C.J.1.Both these appeals (Misc. Appeal No. 551/91 - Smt. Anjali Kevlarmani and 2 others v. Shri Keshavram and others, and Misc. Appeal No. 558/91 -Sewakram Sewani and another v. Keshao and others) are being disposed of by this common judgment, since they arise out of the same accident and common award passed by the Motor Accidents Claims Tribunal, Raipur dated July 25,1991.2. The accident took place on 27-2-1988 at about 7.30 p.m. near village Abhanpur, on Raipur-Dhamtari road. At the time of accident, when both the deceased, namely Bharat Kumar and Anand Kumar, were going from Raipur Kanker on Hero Honda Motor Cycle No. C.I.T. 7257, truck No. M.B.T. 8558, which was coming from opposite direction, dashed Hero Honda Motor Cycle, as a result of which both, Bharat Kumar and Anand Kumar, died on the spot. Two claim petitions have been filed by the legal heirs of both the deceased for compensation of Rs. 10,96,000/- and Rs. 6,06,000/- respectively. It is pointed out that...
Smt. Sikandar Kaur and ors. Vs. Mukhtyar Singh and ors.
Court: Madhya Pradesh
Decided on: Apr-04-2000
Reported in: 2000(3)MPHT418
ORDERBhawani Singh, C.J.1. This appeal is directed against the award dated 18-7-1991 of the Motor Accidents Claims Tribunal in Claim Case No. 28 of 1988.2. Claimants are Kartar Singh, father (57), Smt. Sikandar Kaur widow (27), two daughters (minor) and two sons (minors). They claimed compensation of Rs. 6.00.000.00 against various heads for the death of Gurucharan Singh in the accident that took place on 21-10-1987 with scooter DIQ 1687, driven by respondent No. 1 Mukhtyar Singh and owned by respondent No. 2 Mohinder Kumar. Allegation is that the accident took place due to rash and negligent driving of vehicle by the driver and it hit the scooter of the deceased resulting into death of Gurucharan Singh on the spot.3. Defence taken by the Insurance Company is that it has no knowledge about the taking place of the accident but admits that the vehicle was insured. It is denied that the vehicle was being driven in a negligent manner and at uncontrollable speed. It is further denied that t...
Sikandar Kaur and ors. Vs. Mukhtyar Singh and ors.
Court: Madhya Pradesh
Decided on: Apr-04-2000
Reported in: 2002ACJ231; 2000(3)MPLJ39
Bhawani Singh, C.J.1. This appeal is directed against the award dated 18.7.1991 of the Motor Accidents Claims Tribunal in Claim Case No. 28 of 1988.2. Claimants are Kartar Singh, father (57), Sikandar Kaur, widow (27), two daughters (minors) and two sons (minors). They claimed compensation in the sum of Rs. 6,00,000 against various heads for the death of Gurucharan Singh in the accident that took place on 21.10.1987 with scooter No. DIQ 1687, driven by respondent No. 1 Mukhtyar Singh and owned by respondent No. 2 Mohinder Kumar. Allegation is that the accident took place due to rash and negligent driving by the driver and it hit the scooter of the deceased resulting in death of Gurucharan Singh on the spot.3. Defence taken by the insurance company is that it has no knowledge about the taking place of the accident but admits that the vehicle was insured. It is denied that the vehicle was being driven in a negligent manner and at uncontrollable speed. It is further denied that deceased w...
Aristocraft International Pvt. Ltd. Vs. Union of India and Others
Court: Madhya Pradesh
Decided on: Apr-03-2000
Reported in: AIR2001MP99; 2001(3)MPHT45
ORDERC.K. Prasad, J. 1. In spite of voluminous pleading, fads relevant for decision lie in a narrow compass. The Government of India, Ministry of Finance, Department of Economic Affairs, Security Paper Mill, Hoshangabad floated global tender for supply of 40 M.Ts. of Polyster Base Vacuum Metalised Security Thread with negative demetalised transparent letters, fluoresccing blue on both sides under Ultra-Violet light with firm bonding for manufacturing of Bank Note paper from manufacturers having in-house facility for the same or their authorised dealers. The notice further stated that the prescribed tender form showing detailed specification, terms and conditions can be obtained on payment of U.S. Dollars 25 by Overseas Suppliers or Rs. 1000/- by in-land suppliers in the form of demand draft or Indian Postal Order drawn in favour of the General Manager, Security Paper Mill, Hoshangabad. The completed documents with validity for 240 days were to be submitted upto 10.00 hrs. on 23-6-1999 ...
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