Madhya Pradesh Court April 2001 Judgments
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Praveen Kumar Vs. Javed and ors.
Court: Madhya Pradesh
Decided on: Apr-21-2001
Reported in: 2003ACJ709
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Indore in Claim Case No. 83 of 1999 dated 21.9.1999.2. Accident took place on 8.6.1995 at about 1.45 (noon) at Palasia Square, Indore when mini bus bearing registration No. MP 04-A 7827 hit the claimant, who was going on his scooter, from behind. The claimant, suffered injuries to pelvic bone and tibia-fibula fracture of right leg. Besides, his urethra was also fractured. Claimant was treated at Chotiram Hospital and Suyesh Hospital, Indore. It is stated that the treatment was serious and appellant was treated for a year by the doctors from time to time. One of the effects of the injuries was that he has been rendered impotent. His movements have been affected and life has become miserable and without pleasures. Allegation is that the accident was committed by respondent No. 2 rashly and negligently, otherwise it would not have taken place. This bus is owned by respondent No. 1 and insur...
Bharat Commerce and Industries Ltd., Birlagram, Nagda Vs. Ramprasad an ...
Court: Madhya Pradesh
Decided on: Apr-20-2001
Reported in: [2001(91)FLR828]; (2001)IILLJ1033MP; 2001(3)MPHT8
ORDERA.K.Gohil,J.1. The petitioner/employer has filed this petition under Article 227 of the Constitution of India challenging the order passed by respondent No. 2 Appellate Authority under the Payment of Gratuity Act, t972-cum-Dy. Labour Commissioner, Bhopal in Gratuity Appeal No. 72/1999 on 17-11-2000 and praying a writ of certiorari for quashing the same on the ground that respondent No. 1 had availed all the benefits of the settlement dated 15-4-1991 which was inforcc on the date of superannuation and, therefore, for determining the maximum gratuity, the provisions of Payment of Gratuity Act, 1972 (for short 'the Act') cannot be adopted and the agreement/settlement cannot be read in pieces.2. By the impugned order the Appellate Authority under the Act has rejected this contention of the petitioner that by virtue of agreement/settlement dated 15-4-1991 the ceiling of maximum limit of Rs. 50,000/- is applicable and the employee is not entitled more than 50,000/- even after the amendm...
Commissioner of Income-tax Vs. H.E.G. Ltd.
Court: Madhya Pradesh
Decided on: Apr-20-2001
Reported in: [2002]255ITR251(MP)
Arun Mishra, J.1. This appeal has been preferred under Section 260A of the Income-tax Act, 1961 by the Revenue aggrieved by the order of the Commissioner of Income-tax (Appeals) and Income-tax Appellate Tribunal. 2. The Income-tax Appellate Tribunal had come to the conclusion that addition of guest house expenses could not be sustained as the issue was a debatable one and the notice under Section 143(1)(a) was issued after the issue of notice under Section 143(2). This course was not permissible. Hence, on both the counts the disallowance of guest house expenses was bad in law. 3. The question raised whether after issue of notice under Section 143(2) notice under Section 143(1)(a) can be issued, is covered by decision of this court in the case of CIT v. Regional Soyabean Products Co-operative Union ltd : [1999]239ITR217(MP) , wherein it has been held as under (page 219) : 'The reading of both the aforesaid provisions would show that if any notice under Sub-section (2) of Section 143 of...
Narendra Singh and Others Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Apr-19-2001
Reported in: 2001(4)MPHT165; 2001(2)MPLJ415
ORDERFakhruddin, J. 1. This revision is preferred against the judgment and findings recorded by the Third Addl. Sessions Judge, Morena in Criminal Appeal No. 32/94, decided on 21-8-97, whereby the respondents/accused namely Gariba, Gangaram, Rampalsingh and Asharam have been acquitted of offence under Sections 148 and 326/149 of IPC. Other co-accused respondents Kedarsingh, Jasrathsingh and Bhagirath Singh besides their acquittal by the same judgment dated 21-8-97 for the aforesaid offence, have been convicted under Section 323 of IPC for causing injures to Babusingh and sentenced to fine of Rs. 300/- each; in default of payment of fine, S.I. for two months.2. The prosecution story briefly stated is that on 14-11-89, at about 6 p.m., in the evening, in village Udarpura, while Narendra Singh (P.W. 8) was watering his field, he was accompanied with P.W. 9 Nathusingh. At that moment, some hot discussions were made between accused Kedarsingh and P.W. 9 Nathusingh regarding taking of water ...
Ravi Medical Agencies Vs. Union of India and anr.
Court: Madhya Pradesh
Decided on: Apr-19-2001
Reported in: [2001]250ITR69(MP)
N.K. Jain, J.1. The judgment impugned in this revision is rendered in appeal, in affirmance of the judgment of conviction passed by the ACJM, Indore, in Economic Offence Case No. 14 of 1991, convicting the applicants under Section 276C read with Section 278B of the Income-tax Act, 1961, and sentencing them to various punishments.2. The violation in question pertained to the assessment year 1988-89. The Department besides launching criminal prosecution also initiated proceedings for imposition of penalty under Section 271(1)(c) of the Act. The penalty was imposed by the assessing authority on August 3, 1990. However, in appeal the Commissioner of Income-tax (Appeals) vide his judgment dated December 10, 1997, vacated the penalty. The order of the Commissioner of Income-tax is affirmed in appeal by the Appellate Tribunal vide judgment dated January 31, 2001.3. This court in Sureshchand Gupta v. Union of India : [1998]233ITR783(MP) relying on a Supreme Court decision in G. L. Didwania v. ...
Ravi Medical Agencies Vs. Union of India and anr.
Court: Madhya Pradesh
Decided on: Apr-19-2001
Reported in: [2001]250ITR70(MP)
N.K. Jain, J.The judgment impugned in this revision is rendered in appeal, in affirmance of the judgment of conviction passed by the ACJM, Indore, in Economic Offence Case No. 14 of 1991, convicting the applicants under section 276C read with section 278B of the Income Tax Act. 1961, and sentencing them to various punishments.The violation inuestion pertained to the assessment year 1988-89. The department besides launching criminal prosecution also initiated proceedings for imposition of penalty under section 271(1)(c) of the Act. The penalty was imposed by the assessing authority on 3-8-1990. However, in appeal the Commissioner (Appeals) vide his judgment dated 10-12-1997, vacated the penalty. The order of the Commissioner is affirmed in appeal by the Appellate Tribunal vide judgment dated 31-1-2001.This court in Sureshchand Gupta v. Union of India : [1998]233ITR783(MP) relying on a Supreme Court decision in G.L. Didwania v. ITO : [1997]224ITR687(SC) , has held that the conviction und...
Ranjit Singh Vs. Gurbaksh Singh and ors.
Court: Madhya Pradesh
Decided on: Apr-19-2001
Reported in: 2003ACJ303
Bhawani Singh, C.J.1. This appeal is directed against the award of the Commissioner for Workmen's Compensation, Indore in Case No. 43 of 1997 (W.C.N.F.) dated 19.1.2000, whereby the claimant has been awarded compensation of Rs. 87,351 with interest at the rate of 12 per cent per annum, claimant is not satisfied with this award, therefore, it has been challenged through this appeal.2. The claimant was a cleaner with the truck No. MP 09-KA 7765. When truck reached Nagod Road from Satna his truck was hit by another truck coming from the opposite side. The accident resulted in serious injuries to his left and right feet apart from the fracture of knee causing 100 per cent disability. He was earning salary of Rs. 2,000 per month apart from Rs. 1,200 diet money. At the time of the accident he was 28 years old. A claim for Rs. 2,54,184 has been raised. Gurbaksh Singh, respondent No. 1, states that the vehicle is insured with the respondent No. 3 United India Insurance Co. Ltd., therefore, it ...
Madhya Pradesh Rajya Parivahan Nigam, Indore Vs. Smt. Rashida Be and O ...
Court: Madhya Pradesh
Decided on: Apr-18-2001
Reported in: II(2001)ACC227; 2001(3)MPHT43
ORDERBhawani Singh, C.J. 1. This appeal is directed against an award passed by the HI Motor Accidents Claims Tribunal, Indore in Claim Case No. 406/98, dated 16-11-2000.2. Accident took place on April 28,1998 when Tahir Hussain (30) was travelling in a Bus No. MIH 7692 alongwith other passengers, going from Indore to Mandleshwar. Due to the rash and negligent driving the Bus went into a ditch, resulting in the death of many passengers. Deceased Tahir Hussain also died in this accident. He was working in a Cutlery and General Stores against a monthly salary of Rs. 5,000/- on which the family was depending. As a result of this accident, the family has suffered and will suffer since it was depending upon him for subsistence. The vehicle is owned by the appellant. Compensation of Rs. 2,59,100/- has been awarded carrying interest @ 12% from the date of application. The appellant is not satisfied with this award, therefore, this appeal.3. Heard Shri Vinay Zelawat, learned counsel for the app...
M.P. Electricity Board Vs. Vidyut Upbhokta Association
Court: Madhya Pradesh
Decided on: Apr-18-2001
Reported in: AIR2002MP189
S.S. Jha, J.1. The order in this appeal shall also govern the disposal of Misc. Appeals No. 2501 of 2000 and 2306 of 2000.2. These appeals have been filed against the order dated 5-10-2000, passed by Madhya Pradesh Electricity Regulatory Commission (hereinafter referred to as the . 'Regulatory Commission') Bhopal. By the circular dated 30-1-1999 the Board has issued directions for external electrification of colonies and provisions of new 33/11 KV sub-station. The Board while reviewing the matter about augmentation of power transformer or installation of new 33/11 KV substation for external electrification of colonies had decided that it shall be at the costs of coloniser in case the total capacity of the distribution transformer exceeds 900 KVA or in case the capacity of exceeding power transformer is inadequate to meet the proposed Iqad. After review the Board has decided that the system strengthening charges of Rs.2,300/- Per KV shall be payable by all coloniser /developers of the c...
Subhash and Company Vs. Commissioner of Sales Tax and ors.
Court: Madhya Pradesh
Decided on: Apr-18-2001
Reported in: 2001(3)MPLJ634; [2002]125STC460(MP)
>J.G. Chitre, J.1. A small point for adjudication arises and for avoiding the delay in initiating the proceedings against the appellant for which the respondents issued notices, this appeal is being heard finally at motion hearing stage by concurrence of both the lawyers appearing for the parties.2. Shri Choudhary pointed out that the learned single Judge Reported as Subhash & Company v. Commissioner of Sales Tax . by making unnecessary observations in para 14 of the judgment concluded :'As a consequence of aforesaid discussion, I have to conclude that impugned assessment orders as also reassessment orders were passed ex parte and behind the back of the petitioner. In other words, the petitioner did not get an opportunity to participate in assessment proceedings which are subject-matter of this petition for want of notice. These assessment, therefore, cannot be given effect to. Accordingly, the petition succeeds and is allowed. Orders dated December 13, 1990 (annexure P7), December 13,...
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