Madhya Pradesh Court April 2001 Judgments
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Shankar Shaiyyam Vs. Collector and ors.
Court: Madhya Pradesh
Decided on: Apr-18-2001
Reported in: 2001(5)MPHT466; 2001(3)MPLJ375
ORDERDipak Misra, J.1. The petitioner is the Up-Sarpanch of Gram Panchayat, Kendatola. Respondent No. 4 was elected as Sarpanch of the aforesaid Gram Panchayat. A motion of no-confidence was moved against him on 30th September, 2000 on certain charges of corruption. The photostat copy of the proceeding has been brought on record as Annexure P-1. After he was removed from the post of Sarpanch the petitioner was given the charge of Sarpanch. It is alleged that the respondent No. 4 had given an undertaking that she would deposit rupees 18,523/- by 13th October, 2000 but she failed to deposit the same. It is pleaded that inspite of allegations against her the respondents Nos. 2 and 3 Sub-Divisional Officer, Revenue (Assistant Election Officer) and Naib Tehsildar, Baihar (Returning Officer) have permitted the respondent No. 4 to contest in the bye-election to be held on 17-12-2000 in violation of M.P. Panchayat Raj Adhiniyam, 1993 and the Rules framed thereunder. It is also urged that the r...
Jhalli Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-17-2001
Reported in: 2001CriLJ4606; 2001(3)MPHT113
R.B. Dixit, J. 1. Feeling aggrieved by the judgment and order of conviction dated 27-12-1996 passed in S.T. No. 112/89 of Additional Judge to Sessions Judge, Morena at Sabalgarh, thereby convicting appellant under Section 376, IPC and sentencing him with 10 years' RI and fine of Rs. 1,000/- appellant has come up in appeal seeking redress praying for setting aside the aforesaid order of conviction and sentence passed against him.2. Facts shorn of details necessary for the disposal of this appeal lie in a narrow compass.On 17-8-1989 when prosecutrix Meena (P.W. 1), a minor girl, aged 9 years, was playing in her house with her younger sister, Mamta, co-accused Rampa, came there and asked her to accompany him upto Haar (fields), he will offer ground-nuts. She, therefore, left with Rampa and when she reached in the field, appellant-accused Jhalli, who was already waiting there, caught hold of her and threw her on the ground and then raped her. When she tried to cry, appellant placed his han...
Oriental Insurance Company Limited Vs. Jamnabai and ors.
Court: Madhya Pradesh
Decided on: Apr-17-2001
Reported in: II(2002)ACC52; 2003ACJ127; 2001(4)MPHT293; 2001(3)MPLJ297
ORDERBhawani Singh, C.J. 1. This appeal is directed against an award of Motor Accidents Claims Tribunal, Dhar in Claim Case No. 50/1997, dated 24-12-1997.2. Claimants are wife, children and mother of deceased Umraosingh who was 32 years old at the lime of accident which took place on 10-6-94 when he was hit by his tractor near a land where it was being taken by the driver who had been employed by Apa s/o Bhuwan. Claim of Rs. 22,88,500/- (Twenty two lakhs eighty eight thousand and five hundred) has been raised for the death of deceased who according to the claimants was earning yearly income of Rs. 1,00,000/- (One lakh). This vehicle was insured with the Oriental Insurance Company Limited 569/3, M.G. Road, Indore (M.P.). The allegation is that it was being driven rashly and negligently resulting in serious injuries on the person of the deceased who could not survive despite being taken to the Hospital. Due to his death the claimants have been rendered to suffer immensely domestically an...
Nazir Singh Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Apr-17-2001
Reported in: 2002(5)MPHT1; 2002(1)MPLJ44
J.G. Chitre, J. 1. Shri Nazir Singh is assailing the correctness, propriety and legality of the judgment and order passed by the Commissioner of Income-tax dated December 12, 1986, and the judgment and order passed by the Income-tax Appellate Tribunal, Indore Bench, dated September 18, 1990. His grievance happens to be that the Assessing Officer, D-Ward,Ujjain, by his judgment and order dated February 27, 1986, held that in Nazir Singh's case 'salary' does not include dearness allowance or dear-ness pay unless it enters into the computation of superannuation for retirement benefits of the concerned, etc. Keeping in view, his returns were accepted and the income of Nazir Singh was taken as taxable to the tune of Rs. 18,850 and tax was levied on him in that fashion in respect of the year 1983-84. That was carried further in the same logic to the year 1984-85. The Commissioner of Income-tax invoked the jurisdiction in view of the provisions of Section 263 of the Income-tax Act (hereinafte...
indra Marshall Oil Engines Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-17-2001
Reported in: [2002]126STC199(MP)
ORDERA.M. Sapre, J.1. By filing this writ under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the legality and validity of an order passed by the Commissioner of Sales Tax, dated June 21, 1994 (annexure P2) under Section 42-B of the Madhya Pradesh General Sales Tax Act, 1958 (since repealed). In order to appreciate the controversy raised in the writ few facts coupled with the scope of Section 42-B need mention.2. Section 42-B, which alone is relevant for the disposal of the writ reads as under :Section 42-B(1). If any question is raised by a dealer in respect of the rate of tax on any goods, the Commissioner shall, in accordance with such procedure as may be prescribed, make an order determining the rate of tax on such goods.(2) Any order passed by the Commissioner under Sub-section (1) shall be binding on the authorities referred to in Section 3 in all proceedings under the Act except appeals.'3. Section 42-B was inserted by way of an amendment (bein...
New India Assurance Co. Ltd. Vs. Ram Ratan and ors.
Court: Madhya Pradesh
Decided on: Apr-17-2001
Reported in: 2003ACJ323
Bhawani Singh, C.J.1. Award dated 30.1.1997, of the Motor Accidents Claims Tribunal, Mandsaur, passed in Motor Accident Claim Case No. 81 of 1994, has been challenged through this appeal by the New India Assurance Co. Ltd., Sanghi Colony, Agra-Bombay Road, Indore.2. On 24.12.1992, the claimant Ram Ratan (34) was travelling by tractor-trolley No. MIU 6731 for going to market. This vehicle was owned by Paraslal, respondent No. 6, driven by Satya Narayan, respondent No. 4 and insured with Oriental Insurance Co. Ltd., respondent No. 7. Truck No. MEN 1232 was owned by Abdul Rashid, respondent No. 3, driven by Satbir Singh, respondent No. 2 and insured with the New India Assurance Co. Ltd., appellant. The accident took place on 24.12.1992, at 8 a.m., when the truck hit the tractor-trolley, which had been parked on the roadside. As a result of this accident, the claimant, who was sitting in rear portion of the tractor, was injured resulting in amputation of his right leg below knee, resulting...
Nazir Singh Vs. Cit
Court: Madhya Pradesh
Decided on: Apr-17-2001
Reported in: (2001)170CTR(MP)559
J.G. Chitre, J.Shri Nazir Singh is assailing to the correctness, propriety and legality of the judgment and order passed by the Commissioner dated 12-12-1986, and the judgment and order passed by the Tribunal, Indore Bench dated 18-9-1990. His grievance happens to be that the assessing officer, D-Ward, Ujjain, by his judgment and order dated 27-2-1986, held that in Nazir Singhs case 'salary' does not include dearness allowance or dearness pay unless it enters into the computation of superannuation for retirement benefits of the concerned, etc. Keeping in view, his returns were accepted and the income of Nazir Singh was taken as taxable to the tune of Rs. 18,850 and tax was levied on him in that fashion in respect of the year 1983-84. That was carried further in the same logic to the years 1984-85. The Commissioner invoked the jurisdiction in view of the provisions of section 263 of the Income Tax Act (hereinafter referred to as the Act for convenience) and found that the dearness allow...
Ram Kumar Tumram and ors. Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-16-2001
Reported in: 2001(5)MPHT649
ORDERDipak Misra, J.1. The petitioner Nos. 1 & 2 are Panch and Sarpanch of the Gram Panchayat, Ghoda Dongri, in district of Betul respectively and the petitioner No. 3 is the Sarpanch of Gram Panchayat Bhoura, Block Shahpur. Both the Panchayats are in the scheduled areas of the State as per the notification issued by the President of India in exercise of powers vested under Article 244 read with 5th Schedule of the Constitution of India. It is putforth in the petition that the functions of the Excise Department are regulated and governed by the provisions of M.P. Excise Act, 1915 (hereinafter referred to as 1th Act'). Section 61-E of the Act empowers the Gram Sabha to regulate and prohibit manufacture, sale, possession, transport and consumption of the intoxicants within its territorial jurisdiction. Sub-Section (2) of the same provides that no new manufactory for manufacture of any intoxicant shall be established and no new outlets for sale of intoxicants in any area comprised within ...
Basant Kaur and ors. Vs. Chatarpal Singh and ors.
Court: Madhya Pradesh
Decided on: Apr-16-2001
Reported in: 2003ACJ369
Bhawani Singh, C.J.1. This appeal is directed against the award dated 22.7.1999, passed by the Motor Accidents Claims Tribunal, Indore, in Claim Case No. 168 of 1999.2. The claimants are widow and children of deceased Darbara Singh, driver, who was incharge of truck No. MKO 9729, owned by Chatarpal Singh, respondent No. 1, insured with Oriental Insurance Co. Ltd., Indore, respondent No. 2. The accident took place on 15.5.1996, between this truck (MKO 9729) and truck No. MEN 1637, owned by Mohd. Hussain, respondent No. 3, driven by Munir Khan, respondent No. 4, and insured with United India Insurance Co. Ltd., respondent No. 5. It happened at 10.30 p.m. in front of Sagati College, Khargone. Darbara Singh died on the spot, as a result of this accident. Therefore, claim petition has been preferred by the claimants claiming compensation of Rs. 3,38,000 alleging that the accident took place due to rash and negligent driving by the driver of truck No. MEN 1637.3. The Claims Tribunal has dism...
R.P. Sharma Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Apr-12-2001
Reported in: 2001(2)MPHT411; 2001(2)MPLJ394
ORDERThe Court 1. Feeling aggrieved by the order passed by the respondent-Tribunal dismissing his application filed under Section 19 of the Administrative Tribunals Act, 1985, wherein he had prayed for issuing a direction requiring the respondents to calculate the period of service rendered by him in the judicial department from 10-9-1955 to 30-9-1961 for all the pensionary benefits in view of the condonation of the interruption in his service and a further direction requiring the respondents to grant him the encashment of 93 days earned leave along with interest at the rate of 18% per annum, he has now approached this Court seeking redress praying for the quashing of the said order.2. We have heard the petitioner who is present in person as well as the learned Government Advocate representing the State/contesting respondents and have carefully perused the record.3. The facts in brief necessary for the disposal of this case lie in a narrow compass : The petitioner was initially appoint...
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