Madhya Pradesh Court April 2003 Judgments
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National Insurance Co. Ltd. Vs. Mahila Angori Bai and ors.
Court: Madhya Pradesh
Decided on: Apr-22-2003
Reported in: III(2003)ACC147
S.S. Jha, J.1. This appeal is by Insurance Company challenging the award passed by Claims Tribunal in favour of respondent No. 1. Contention of appellant Insurance Company is that Insurance Company is not liable to pay the compensation for the injury caused to a passenger in a goods carriage. Claimants have filed cross-objection for enhancement of compensation.2. Admitted facts of the case are that deceased Gariba, was travelling in the goods carriage bearing No. MPW 9754, which was being driven by Raju respondent No. 2 and owned by Ajmer Singh respondent No. 3. On account of over-turning of the truck Gariba died on the spot. Thereafter claim has been filed. Contention of Counsel for appellant Insurance Company is that Insurance Company is not liable to pay compensation in the case of goods carriage. Reliance has been placed by Counsel for appellant in the judgment of New India Insurance Co. v. Asha Rani III (2002) ACC 753 (SC) : 2003 (8) S.C.C. 594: 2003 (1) T.A.C. 1 and judgment of O...
Sanjay Mishra and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-21-2003
Reported in: 2003(3)MPHT409
ORDERShantanu Kemkar, J. 1. Through this revision petition under Section 401 of the Code of Criminal Procedure, 1973, the applicants have challenged the order dated 17-7-1995 passed by IIIrd Additional Sessions Judge, Satna in Criminal Case No. 55/95 framing charges under Sections 431, 342, 323, 506B, 364, 302 and 120B of the Indian Penal Code against them. 2. This Court while admitting the revision petition on 28-8-95 pleased to stay, trial against Raja Bhaiya alias Bachcha (applicant No. 2). During the pendency of this revision the trial proceeded against all the accused except applicant No. 2. The Sessions Court acquitted all the accused vide judgment dated 9-2-1999 including Sanjay Mishra (applicant No. 1). Thus, revision filed on behalf of the Sanjay Mishra has rendered infructuous and, therefore, no orders are required to be passed in respect of Sanjay Mishra. This Court is now required to see the validity of the impugned order about applicant No. 2. 3. Heard Shri R.P. Agrawal, l...
Commissioner of Income-tax Vs. J.P. Patel (Bombay) (P.) Ltd.
Court: Madhya Pradesh
Decided on: Apr-21-2003
Reported in: [2003]263ITR421(MP)
Dipak Misra, J. 1. This is an application under Section 256(2) of the Income-tax Act, 1961, at the instance of the Revenue. The question which is proposed for the purpose of calling for the statement of the case from the Income-tax Appellate Tribunal is as under :'Whether, on the facts and in the circumstances of the case prevalent in the assessment year 1991-92, the Tribunal was right in holding that the method of valuation of closing stock followed by the assessee was justified ?'2. The facts which have given rise to this application are that the assessee was assessed for the year 1991-92. During the assessment year the assessee had consumed 66,14,484 pudas of 'tendu' leaves valued at Rs. 62,47,554. The cost price per thousand bundles for the opening stock was Rs. 64,429. The purchase during the assessment year in respect of one thousand bundles amounted to higher than the price which was reflected in the opening stock. The assessee adopted the average method by taking out the mean a...
Harish K. Kodwani Vs. Pappi Bhaiya
Court: Madhya Pradesh
Decided on: Apr-17-2003
Reported in: 2003(3)MPHT62
ORDERS.K. Pande, J.1. Heard. Contents of petition and impugned order dated 12-11-2002 passed by District Judge, Hoshangabad in Election Case No. 11/2000, perused. 2. Ward No. 2. Indira Gandhi Ward of Municipal Council, Pipariya was reserved for backward class. Petitioner obtaining a certificate of being member of backward class contested the election and was declared elected as Councillor. Subsequently, the respondent preferred a petition under Section 20 of the M.P. Municipalities Act, 1961 challenging the election aforesaid on the ground that the petitioner being a Sindhi could not have been a member of backward class. He has migrated from Sindh and does not belong to the category of Sonar (Sonara) etc., described in Item No. 38 of the M.P. Government Notification dated 2-4-97. The Court below accepting the contention that the petitioner was not eligible to contest the election of Councillor from Ward No. 2 reserved for backward class, accepted the petition under Section 20 of the M....
Devi Prasad and anr. Vs. Ramniwas and ors.
Court: Madhya Pradesh
Decided on: Apr-17-2003
Reported in: 2003(3)MPHT211; 2003(3)MPLJ296
ORDERS.K. Pande, J.1. Heard.This revision under Section 115, CPC is directed against the order dated 11-12-2000 passed by A.D.J., Beohari, in M.A. No. 15/2000 affirming the order dated 1-7-2000 passed by Civil Judge Class-II, Beohari in C.S. No. 159-A/99 treating the suit filed by the petitioners as fully abated.2. The facts in brief are, plaintiff/petitioners filed C.S. No, 159-/99 (Annexure II) for declaration-confirmation of possession-partition of the suit lands against the present respondents as well as one Jimni daughter of Triveni Prasad, could not have been served for a sufficient time. On 7-3-2000 notice to Jimni returned with the report that person named has not been found. Thereafter on enquiry petitioners came to know that Jimni in fact has died, therefore an application under Order 22 Rules 3, 4, CPC was filed on 23-3-2000. It was contended by the respondents that Jimni died sometime in the year 1994, therefore, the suit has been abated. Dismissing the application under Or...
Smt. Shakun Shivhare and ors. Vs. Dharamraj and ors.
Court: Madhya Pradesh
Decided on: Apr-17-2003
Reported in: 2003(3)MPHT246
ORDERBhawani Singh, C.J.1. This appeal is directed against the award of the Motor Accidents Claims Tribunal, Seoni, in M.GC. No. 49/97, dated 27-1-1999.2. The accident took place on 26-4-1997 at 12.30 (noon) on National Highway 7 at Dhuma crossing, when the vehicle No. MP 09/K-5771, driven rashly and negligently by Dharamraj, owned by Manraj Singh, insured with the Oriental Insurance Company Ltd., hit the cycle of Radhelal from behind resulting in his death. The deceased was Grain-Merchant earning Rs. 4,000/- per month. He was looking after his land earning Rs. 60,000/- per year. Claim for Rs. 13,46,000/- is made for the death of the deceased by the claimants,3. The owner and driver have been proceeded ex parte, while the Insurance Company has disputed the claim stating that the allegation of the claimants is not correct. The driver did not possess valid driving licence, therefore, the Insurance Company is not liable to pay compensation.4. Accordingly, issues are framed, evidence is le...
Gula Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-17-2003
Reported in: 2003(3)MPHT339; 2003(3)MPLJ419
S.K. Seth, J.1. This is an appeal by the appellant against his conviction under Section 325, Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) and sentence of 3 years Rigorous Imprisonment plus fine of Rs. 2000/- and in default 1 month Simple Imprisonment. Out of the fine amount Trial Court awarded a sum of Rs. 1500/- as compensation to Harkubai, widow of the deceased Rupa. Initially, appellant was arraign for having committed culpable homicide not amounting to murder, an offence punishable under Section 304-11 of the IPC, however, at the conclusion Trial, he was convicted for voluntarily causing grievous hurt, an offence punishable under Section 325, IPC.2. Prosecution case in brief was as under:--On 3-4-1989, the appellant accused Gula along with deceased Rupa were travelling together in a bus from Rajgarh to Dhulet. After alighting at Dhulet around 6.30 in the evening, the appellant inquired about his bicycle from the Rupa who informed the appellant that the bicyc...
Nandi Bai Vs. Shyamubai and anr.
Court: Madhya Pradesh
Decided on: Apr-17-2003
Reported in: I(2004)BC199
A.M. Sapre, J. 1. Two Courts have non-suited the plaintiff when her suit for declaration came to be dismissed by the Trial Court and then upheld by the First Appellate Court in first appeal filed by the plaintiff. It is against this concurrent dismissal, the plaintiff has come up in second appeal under Section 100 of C.P. Code contending that appeal involves substantial question of law within the meaning of Section 100 ibid. It arises out of judgment/decree, dated 27.11.2002, passed by learned IVth Additional District Judge Ratlam, in C. A. No. 45-A of 2002, which in turn arises out of Civil Suit No. 185-A of 1996, decided by 1st Civil Judge, Class I, Ratlam, on 4.3.2002.2. Heard Mr. D.M. Shah, learned Counsel for the appellant on the question of admission.3. Having heard learned Counsel for the appellant and having perused record of the case. I find no merit in the appeal. In other words, the appeal does not involve any substantial question of law and hence, it deserves to he dismisse...
R.K. JaIn Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Apr-17-2003
Reported in: (2004)191CTR(MP)50; [2004]266ITR351(MP)
Dipak Misra, J.1. This is an application under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), for calling for the statement of case from the Income-tax Appellate Tribunal (for brevity 'the Tribunal').2. The facts which are essential to be stated for adjudication of this application are that the applicant filed his return of income in the status of an individual and his income was shown at Rs. 38,535. The same consisted of three components, namely, income from profession as an advocate amounting to Rs. 20,000, income of interest received from one Kanhaiyalal Sao to the tune of Rs. 18,535 and from agriculture a sum of Rs. 5,000. The Income-tax Department conducted a search at his residence as well as office on September 22, 1981. The premises of his father, Kanhaiyalal Sao, and his brother, Dr. D. K. Jain, was also effected. During the search of his residence no ornaments were found but from the locker in the Punjab National Bank, Sagar, gold ornaments...
Rukmini Bai Vs. Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Apr-17-2003
Reported in: (2004)192CTR(MP)437; [2005]276ITR650(MP)
Dipak Misra, J.1. This is an application Under Section 256(2) of the IT Act, 1961 (hereinafter referred to as 'the Act') for calling for the statement of case from the Income-tax Appellate Tribunal (for short 'the Tribunal').2. It is relevant to state here that in this case the controversy is relatable to two assessment years, i.e., 1975-76 and 1976-77. The questions which are proposed for both the years are as under:'Asst. yr. 1975-76 :(i) Whether there was evidence to hold that the assessee concealed the particulars of income, so as to attract penalty Under Section 271(l)(c) of the IT Act, 1961 ?(ii) Whether the order of the Tribunal upholding the levy of penalty without a clear finding about facts and omitting. material facts from consideration is vitiated in law (iii) Whether the Tribunal was right in law in upholding the levy of penalty Under Section 271(l)(c) for addition of Rs. 15,000 as unexplained investment that is deemed income Under Section 69A of the IT Act, 1961, and part...
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