Madhya Pradesh Court September 2000 Judgments
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Khaitan Chemicals and Fertilizers Ltd. Vs. Regional Provident Fund Com ...
Court: Madhya Pradesh
Decided on: Sep-22-2000
Reported in: [2000(87)FLR922]; (2001)ILLJ1157MP
A.M. Sapre, J.1. By this petition filed under Articles 226/227 of Constitution of India, the petitioner-a private limited company questioning the legality and validity of an order passed by Regional Provident Fund Commissioner under the provisions of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for brevity hereinafter referred to as Act) dated December 13, 1991 (Annexure p). In short the question that falls for consideration for deciding the fate of this petition is as to from which date i.e. from the date of commencement of trial production or from the date of start of commercial production, the petitioner is entitled to claim the benefit of exemption as provided under Section 16(1)(d) of the Act. According to petitioner this benefit has to be from the date of total production whereas according to respondents (Provident Fund Authority) it should be from the date on which commercial production be commenced. Facts of the case lie in a narrow compass.2. Petitioner i...
Sitabai and ors. Vs. Ishak HussaIn and anr.
Court: Madhya Pradesh
Decided on: Sep-22-2000
Reported in: I(2001)ACC761; 2002ACJ1029
Shambhoo Singh, J.1. This appeal is directed by the claimants against the award dated 11.10.1996 passed by Motor Accidents Claims Tribunal, Rajgarh (Biaora) in Claim Case No. 8 of 1989 whereby compensation of Rs. 15,000 was granted.2. The appellants-claimants' case, in brief, was that on 14.11.88 the respondent-non-applicant No. 1, the owner and the driver of Matador bearing registration No. MID 9056 took the deceased Gulabsingh in his vehicle and left Sarangpur for Rajgarh for bringing one patient to Indore. When they came 6 km. towards Pachore, the vehicle left the road and dashed against a tree as it was being driven in a rash and negligent manner. The deceased sustained injuries. He was taken to Biaora Hospital where he died on the next day, i.e., on 15.11.1988. Respondent No. 1 lodged false report at P.S. Rajgarh that the vehicle was being driven by the deceased. The deceased was working as helper in M.P.E.B. on the salary of Rs. 1,000 per month. The claimants filed claim case see...
Veer Singh Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Sep-21-2000
Reported in: 2000(4)MPHT425; 2001(2)MPLJ184
ORDERS.P. Srivastava, J.1. The plaintiff-appellant/applicant has filed this application under Order 47 Rule 1 of the Civil Procedure Code seeking a review of the judgment and order passed by a learned Single Judge of this Court dismissing his second appeal under Order 41 Rule 11 of the Civil Procedure Code.2. This application seeking review of the aforesaid judgment and order dismissing the second appeal has been placed for disposal before the Division Bench as the learned Single Judge, whose order is sought to be reviewed, has since demitted the office.3. We have heard the learned counsel for the applicant at some length and have carefully perused the record.4. The plaintiff-applicant had filed the suit giving rise to the second appeal praying for a decree declaring him to be the Bhumiswami of the land in dispute and a decree for prohibitory injunction restraining the defendants from interfering in his possession over the same. The plaintiff had set up a claim that the land in dispute...
Commissioner of Income-tax Vs. Rajeshree Cinema (P) Ltd.
Court: Madhya Pradesh
Decided on: Sep-21-2000
Reported in: [2001]247ITR76(MP)
This application has been filed by the revenue under section 256(2) of the Income Tax Act, 1961, to refer the case to this court on the following questions :'(1) Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in giving a finding that the amount of Rs. 3,20,760 which was added on account of surrender of cash credit represented the undisclosed income from the business of the assessee?(2) Whether there was any material evidence before the Income Tax Appellate Tribunal for coming to the conclusion that Rs. 3,20,760 being un-explained cash credits, represented the undisclosed income of the assessee from its business ?'2. The assessee filed a return for the assessment year 1985-86 in which there were cash credits totalling Rs. 3,20,760 in the books of the assessee. These cash credits were in the name of the late Sanjay Kumar Kasliwal, son of one of the directors of the company, who died in an accident on 14-5-1985. The assessee sur...
Rajendra Singh Tomer Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-20-2000
Reported in: 2000(4)MPHT343
ORDERFakhruddin, J.1. This petition styling as 'Public Interest Litigation' has been filed by the petitioner on the ground that the respondent No. 4, i.e., Samta Loksansthan Trust is running the College/Institute at Thatipur against the permission, which has been granted by the respondent No. 2-All India Council for Technical Education, New Delhi, as per Annexure P-4, dated 8-8-1997.2. The facts of the case are that the respondent No. 4, which is a public registered Trust, had applied for grant of permission to run the college in the name and style of 'Institute of Technology and Management' at Malanpur District Bhind, to respondent No. 2, i.e., All India Council for Technical Education, hereinafter referred to AICTE, for short. The respondent No. 2, AICTE, after consideration, granted permission to the respondent No. 4 to run the college at Malanpur in District Bhind, as per Annexure P-4, as mentioned above. It was contended that since respondent No. 4 did not comply with the permissi...
Commissioner of Income Tax Vs. S.T.i. Biplus Tubing (India) Ltd.
Court: Madhya Pradesh
Decided on: Sep-20-2000
Reported in: [2001]114TAXMAN385(MP)
ORDER1. In compliance of the order dated 24-4-1996 passed in M.C.C. No. 492 of 1993, Tribunal, Indore Bench, has sent statement of the case and the following question for our opinion:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the ratio of judgment of Madhya Pradesh High Court in the case of CIT v. Jaora Oil Mills : [1981]129ITR423(MP) , is applicable to the case of the assessee though the said decision relates to an assessment year when the penalty for concealment was linked with the amount of income concealed and not with the amount of tax ought to be evaded ?'2. Brief facts of the case are that the assessee-company filed the return of income declaring the loss of Rs. 3,00,93,187 and the assessment was completed at a loss of Rs. 2,85,159. The assessee had claimed investment allowance of Rs. 1,23,71,486. On the queries made by the assessing officer, the assessee revised the return of income and claimed investment allow...
Tillomal Thadani Vs. Smt. Bachhi Bai
Court: Madhya Pradesh
Decided on: Sep-19-2000
Reported in: 2001(1)MPHT31
ORDERDipak Misra, J.1. Invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') the defendant petitioner has called in question the legal validity of the order dated 29-3-2000 passed by the learned third Additional District Judge, Satna in Misc. Civil Appeal No. 48/99 whereby the learned appellate Judge passed the order of status quo in respect of immovable and movable properties belonging to the petitioner whereas the Court of first instance had passed an order of restraint restraining the petitioner from alienating the immovable property.2. The facts as have been portrayed are that the non-applicant as plaintiff initiated a civil action being C.S. No. 54-A/99 in the Court of 4th Civil Judge, Class II, Satna for partition and declaration that she is entitled to half share in the joint Hindu family property. Alongwith the suit the non-applicant filed an application under Order 39 Rules 1 and 2 read with ...
New India Insurance Co. Ltd. Vs. Pritilata
Court: Madhya Pradesh
Decided on: Sep-19-2000
Reported in: 2001(1)MPHT461
ORDERShambhoo Singh, J.1. This judgment shall govern the disposal of M.A. Nos. 340, 341 of 2000 and M.A. Nos. 358 to 390 of 2000 and Civil Revision Nos. 216 to 228 of 2000 filed by the non-appticant/New India Insurance Co., challenging the impugned awards passed by Motor Accident Claims Tribunal, Ratlam on 16-9-99 in Claim Cases Nos. 71, 125, 106, 62, 64, 88, 63, 110, 97, 117, 152, 150, 89, 90, 147, 116, 47, 100, 103, 92, 66, 59, 155, 91, 76, 102, 79, 69, 73, 68, 104, 61, 120, 60, 108 and 98, 96, 67, 154, 115, 111, 145, 80, 109, 95, 144, 148, 54 of 1997.2. The facts of the case, in brief, are that on 19-12-97 Sumit Travel's bus No. M.P. 14/8585 driven by respondent/non-applicant Rajaram @ Raju, owned by respondent/non-applicant No. 2 Manoharlal and insured with respondent No. 3, at about 12:30 p.m., on the bridge of Jhaman river, on Rawati-Shivgarh road fell down in the river, as a result of which nine passengers died and several passengers sustained serious injuries. The L.Rs. of the ...
Smt. Jahida Bi and Others Vs. Central Narcotics Bureau
Court: Madhya Pradesh
Decided on: Sep-19-2000
Reported in: 2001CriLJ1882; 2001(2)MPHT56
S.B. Sakrikar, J. 1. This judgment shall dispose of the aforesaid Criminal Appeals filed on behalf of the accused/appellants against the judgment dated 8th July, 99 rendered by Special Judge, Indore in Special Case No. 46/98, thereby convicting the appellants Mohd., Umar and Mohd. Rauf of the offence punishable under Sections 8/21 NDPS Act and sentencing each of the appellants to undergo 10 years RI and one lac rupees fine, in default of payment of fine, further imprisonment for three years. Appellants Jahida Bi and Ramesh Galani by the impugned judgment stand convicted of the offence punishable under Section 8/29 of the NDPS Act and each of the appellants sentenced to undergo 10 years RI and one lac rupees fine, in default of payment of fine, further imprisonment for three years.2. Briefly stated the facts of the case are that on 28th Sept., 98 at about 10.00 p.m. officers of the CBN Department, Indore were patrolling in the area in search of the transportation of illicit contraband a...
Bhagatram Gandhi Vs. Mohan Gupta
Court: Madhya Pradesh
Decided on: Sep-18-2000
Reported in: AIR2001MP104
Arun Mishra, J.1. This revision has been filed by the defendant aggrieved by the order passed by the Additional District Judge, Karera on August 21, 1998 overruling an objection raised by the defendant-petitioner with respect to admissibility of document dated December 14, 1984. It was submitted by the defendant-petitioner that the said document is a 'promissory note' as defined in Section 4 of the Negotiable Instruments Act, 1881.2. The plaintiff filed the suit for recovery of Rs. 50,000/- together with interest at the rate of 1.5% per month total amount of Rs. 68,750/-, on the basis of a receipt dated 14-12-1984. The plaintiff has pleaded that he had advanced the money to the defendant on 14-12-1984. There was oral agreement of its return and for satisfaction a receipt was written by the defendant.3. The objection raised by the defendant-petitioner was contested by the plaintiff-respondent. It was submitted that it was simply an acknowledgement for return of the money advanced.4. Lea...
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