Madhya Pradesh Court August 2001 Judgments
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Sobaran Singh Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-07-2001
Reported in: 2002(2)MPHT117
ORDERS.P. Srivastava, J. 1. The petitioner who was posted as an Assistant Teacher in Primary School, Prathmik Vidyalaya (Balak), Joura Khurd, District Morena, was transferred vide the order dated 30-6-2000 passed by the Zila Shiksha Adhikari, District Morena and posted in the same capacity in Prathmik Vidyalaya, Palpura, District Morena, challenged the said order before the Madhya Pradesh State Administrative Tribunal, Gwalior, without any success as the Tribunal vide its order dated 7-7-2000 relying upon the directions issued by the State Government vide the circular dated 7-6-2000 and observing that there was nothing to show that the order stood vitiated on account of arbitrariness, malafides or was against any statutory rules dismissed the application of the petitioner filed under Section 19 of the Administrative Tribunals Act. 2. Feeling aggrieved the petitioner has now approached this Court seeking redress, praying for the quashing of the impugned orders or in the alternative to r...
National Insurance Co. Ltd. Vs. Salma and ors.
Court: Madhya Pradesh
Decided on: Aug-07-2001
Reported in: 2003ACJ73
S.P. Srivastava, J.1. In an accident involving the offending motor vehicle, a truck (goods vehicle), bearing registration No. C1H 7476, at about 12.30 p.m. on 16.11.1995, wherein Shakir Khan aged 20 years, Raju aged 23 years, Shahid Khan aged 30 years met their untimely death while Maharaj Singh suffered serious and grievous injuries, a claim case under Sections 166 and 140 of Motor Vehicles Act being Claim Case No. 68 of 1996 giving rise to Misc. Appeal No. 591 of 1997 was filed by the dependants of Shakir Khan, Claim Case No. 69 of 1996 was filed by the dependants of Shahid Khan giving rise to Misc. Appeal No. 589 of 1997, Claim Case No. 70 of 1996 giving rise to Misc. Appeal No. 592 of 1997 was filed by the dependants of Raju and Claim Case No. 67 of 1996 giving rise to Misc. Appeal No. 590 of 1997 was filed by Maharaj Singh, which were consolidated and disposed of by the 9th Additional Motor Accidents Claims Tribunal, Gwalior by a common judgment and order dated 30.8.97 where-under...
New India Assurance Co. Limited Vs. Smt. Baikunthi and ors.
Court: Madhya Pradesh
Decided on: Aug-07-2001
Reported in: 1(2002)ACC8
ORDER1. The present appeal has been filed by the insurer of the offending motor vehicle which was involved in the accident which had taken place on 6.2.1989 wherein Lalaram had met his untimely death.2. It may be noticed that in the impugned award disposing of the claim petition filed by the dependents of the deceased Lalaram under Section 110(A) of the Motor Vehicles Act, 1939, the insurer/appellant was found liable to pay the amount of compensation determined by the Motor Accident Claims Tribunal, Morena and a joint and several liability was cast upon the owner, driver and the insurer in respect thereof.3. Feeling aggrieved, the insurer has now come up in appeal seeking redress and praying for its exoneration from the liability cast upon it by the tribunal.4. We have heard the learned Counsel for the appellant as well as the learned Counsel representing the claimants/respondents, and have carefully perused the record.5. The learned Counsel for the appellant has tried to assail the qu...
New India Assurance Co. Ltd. Vs. Maankaura Devi and ors.
Court: Madhya Pradesh
Decided on: Aug-07-2001
Reported in: II(2002)ACC448
ORDER1. The present appeal has been filed by the Insurer of the offending motor vehicle which was involved in the accident which had taken place on 27.1.1994 wherein Laxminarain had met his untimely death.2. It may be noticed that in the impugned award disposing of the claim petition filed by the dependents of the deceased, Laxminarain under Section 166 of the Motor Vehicles Act, 1988, the Insurer/appellant was found liable to pay the amount of compensation determined by the Motor Accident Claims Tribunal, Gonad, District Bhind and a joint and several liability was cast upon the owner, driver and the insurer in respect thereof.3. Feeling aggrieved, the insurer has now come up in appeal seeking redress and praying for its exoneration from the liability cast upon it by the Tribunal.4. We have heard the learned Counsel for the appellant as well as the learned Counsel representing the claimants respondents, and have carefully perused the record.5. The learned Counsel for the appellant has ...
Commissioner of Income-tax Vs. Mewara Construction
Court: Madhya Pradesh
Decided on: Aug-06-2001
Reported in: [2002]253ITR58(MP)
1. This is a reference made by the Tribunal at the instance of the Revenue under Section 256(2) of the Income-tax Act, 1961, to answer the following question of law :'Whether, on the facts and in the circumstances of the case, the assessee is entitled for investment allowance under Section 32A when its activity is construction of road ?'2. The aforesaid question arises on the following facts as contained in the statement of case sent by the Tribunal.3. The assessee is a firm engaged in the business of civil contracts. It also claims to undertake the work of construction of roads. For the assessment year 1987-88, the assessee claimed investment allowance of Rs. 1,62,163 in respect of the machinery costing Rs. 6,48,651 under Section 32A of the Act. The Assessing Officer negatived the claim of the assessee and declined to grant the relief so claimed. The assessee then filed appeal to the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals) allowed the appeal file...
Associated Cement Companies Ltd. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Aug-06-2001
Reported in: AIR2002MP166; 2000(2)MPLJ1
Dipak Misra, J.1. Invoking the extraordinary Jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner, Associated Cement Companies Ltd., has prayed for issue of writ of certiorari for quashment of demand dated 19-10-95, Annexure-P-6 and further to declare that respondent No.2,Minicipal Council, Kymore is not entitled to impose any export tax on petitioner's finished goods which are despatched by rail to any destination and further to restrain them from levying such tax,2. The facts as have been depicted in the petition are that the petitioner is a Limited Company registered under the provisions of Indian Companies Act, 1956 and has its registered office at Bombay. It is enganged in the business of manufacturing cement. It has its factory at Kymore in Tahsil Vijayraghavgarh in the district of Jabalpur. The village Kymore, as pleaded, owes its existence because of the petitioner and Eternit Everest Limited which has set up its cement plant adjacen...
Janak Kumari Vs. Land Acquisition Officer and anr.
Court: Madhya Pradesh
Decided on: Aug-06-2001
Reported in: AIR2002MP253
ORDER1. Heard the learned counsel for the applicant as well as the learned Government Advocate representing the respondent-State.2. The applicant has presented this appeal in forma pauperis claiming to be an indigent person.3. A report from the Collector has been called for in this matter. In this report dated 1st May, 2000 the Collector, District Guna, has disclosed that as the husband of the applicant, who has 13 acres of land in district Lalitpur and is having an income of about Rs. 30,000/- per annum, the present applicant could not be taken to be an indigent person as she is living along with her aforesaid husband as a member of the Hindu Joint Family.4. A perusal of the report of the Collector indicates that the income of husband of the applicant has been taken to be the income of the present applicant and on that basis the applicant has been reported to be a person not falling within the category of an 'indigent person'.5. The provision contained in Order 33, Rule 1, CPC require...
Kakda Rerolling Mills Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Aug-06-2001
Reported in: 2004(0)ELT0(MP)
ORDERDipak Misra, J.1.By this writ petition the petitioner has prayed for issue of a writ in the nature of certiorari for quashment of the order contained in Annexure P/10 whereby the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi, has affirmed the ex parte order passed by the adjudicating authority i.e. Commissioner, Central Excise, Bhopal, the respondent No. 3 herein.2. Mr. Upadhayay, learned Counsel for the petitioner submitted that though certain opportunities were granted by the adjudicating authority but the petitioner was not in a position to produce the all material documents to explain his stand. Learned Counsel further submitted that if another opportunity of hearing is granted to the petitioner it would be in a position to satisfy the plea taken by it.3. Mrs. Indira Nair, learned Additional Standing Counsel for the Unionof India, though initially resisted such a prayer of Mr. Upadhayay, later on, didnot seriously oppose the same. In view of the aforesaid the ...
Cit Vs. Mewara Construction
Court: Madhya Pradesh
Decided on: Aug-06-2001
Reported in: [2001]119TAXMAN255(MP)
ORDERThis is a reference made by the Tribunal at the instance of the revenue under section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as the Act) to answer following question of law :'1. Whether, on the facts and in the circumstances of the case, the assessee is entitled for investment allowance under section 32A when its activity is construction of road?'2. The aforesaid question arises on following facts as contained in statement of case sent by the Tribunal.3. The assessee is a firm engaged in the business of civil contracts. It also claims to undertake the work of construction of roads. For the assessment year 1987-88, the assessee claimed investment allowance of Rs. 1,62,163 in respect of machinery costing Rs. 6,48,651 under section 32A of the Act. The assessing officer negatived the claim of the assessee and declined to grant the relief so claimed. The assessee then filed appeal to the Commissioner (Appeals). The Commissioner (Appeals) allowed the appeal filed by...
Shri Puhap Singh Alias Shambhu (Dead) Through L.Rs. Smt. Rambai and Ot ...
Court: Madhya Pradesh
Decided on: Aug-02-2001
Reported in: 2001(4)MPHT31; 2002(3)MPLJ136
S.P. Khare, J. 1. This is a second appeal by defendant No. 2 Puhap Singh alias Shambhu Prasad under Section 100, CPC. The following substantial question of law was formulated by this Court by order dated 26-8-1989 at the time of admission of this appeal:'Whether the case decided on the basis of special Oath Act which has been repealed, the judgment and decree is rendered a nullity ?'2. The facts relevant for the decision of the question referred to above are that Nain Singh filed the suit for declaration of his title and joint possession in the lands in dispute. The plaintiff's claim was that he was legitimate son of defendant No. 2 Puhap Singh alias Shambhu and therefore, he was also entitled to these lands. The defendant Nos. 1 to 10 filed the written statement. They admitted in para 6 of the written statement that Parvatibai was married wife of defendant No. 2 Puhap Singh alias Shambhu Prasad but it was pleaded that after 2-3 months of her marriage she went to her father's place and...
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