Madhya Pradesh Court May 2003 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Ramesh Chandra and anr. Vs. New India Assurance Company Limited
Court: Madhya Pradesh
Decided on: May-12-2003
Reported in: 2003(3)MPHT402; 2003(3)MPLJ281
ORDERA.P. Sapre, J.1. It is a revision filed by the Decree-holder (claimant) against the order, dated 26-2-1999, passed by learned 1st Additional Member, Motor Accident Claims Tribunal, Dhar, in Claim Case No. 137/92-95, whereby his application that award put in execution has not been fully satisfied and some more amount is required to be paid/deposited by the judgment debtor was rejected.2. Petitioner has obtained an award in one claim case against the respondent. His grievance is that full decretal amount is not deposited by the judgment debtor, i.e., Insurance Company and if proper calculation is made, keeping in view the directions contained in the award, some more amount is required to be paid by the judgment debtor. The petitioner has given his full calculation in his execution application as to how and on what basis, he says that he is still entitled to recover more amount towards full satisfaction of the award in question. The judgment debtor has only denied the calculation.3. ...
Ram Babu Keshwarwani Vs. Oriental Bank of Commerce
Court: Madhya Pradesh
Decided on: May-12-2003
Reported in: III(2003)BC428
A.K. Awasthy, J. 1. The appellant/defendant has filed this appeal under Section 96 of the Code of Civil Procedure against the judgment and decree dated 5.7.1996 passed by the Second Additional District Judge to the Court of District Judge, Sagar in Civil Suit No. 2-B of 1996 wherein the respondent/plaintiff's suit for recovery of Rs. 80,146.25 with interest at the rate of 15.05 percent per annum with quarterly rest was decreed. 2. The case of the plaintiff/respondent Bank is that the respondent Bank is nationalised Bank and Surendra Kumar Sharma and J.R. Chouker are authorised to verify, sign and present the plaint on behalf of the plaintiff/oriental Bank of Commerce. Plaintiff has pleaded that the defendant took the loan of Rs. 95,000/- on 20.12.1988 from the plaintiff Bank for purchasing Mahindra diesel jeep and agreed to pay the interest at the rate of 15.05 percent with quarterly rest. That the defendant agreed to repay the loan in 35 instalments of Rs. 36607 per month and the jeep...
Sanjay Richharia Vs. Director, Indian Oil Corporation Ltd. and ors.
Court: Madhya Pradesh
Decided on: May-12-2003
Reported in: 2004(1)CTLJ240(MP); 2003(4)MPLJ148
Bhawani Singh, C.J.1. This Letters Patent Appeal arises out of order dated 22.10.2001 passed by Single Judge in W.P. No. 3836 of 2001.2. Pursuant to advertisement published by the Director, Indian Oil Corporation Limited and the Chairman, Dealers Selection Board, Jabalpur (respondents 1 and 2), appellant submitted an application on 14.06.1998 for dealership of Indian Oil Corporation Retail Outlet for Bada-Malehara (Chhatarpur). He stated, inter alia, that he possessed all requisite qualifications required by respondent 1/2, received call-letter for attending the interview and appeared before respondent 2. Merit list of three candidates, namely, Shri Sanjay Richharia (petitioner), Shri Veer Singh (respondent 3) and Mrs. Jyotsana Agarwal, was prepared.3. Pursuant to a complaint against appellant, enquiry was initiated. Appellant was asked to be present at Hotel Clark Khajuraho on 14.01.2000. Complainant alleged that appellant gave false affidavit and suppressed information with regard to...
Smt. Mamta Tiwari Vs. Satyanarayan Tiwari
Court: Madhya Pradesh
Decided on: May-12-2003
Reported in: II(2003)DMC637
A.K. Awasthy, J.1. The appellant/wife has filed the appeal Under Section 28 of the Hindu Marriage Act against the judgment and decree dated 26.9.1997 passed by the IVth Additional District Judge, Jabalpur in Civil Suit No. 7-A/1997 wherein the marriage was dissolved on the ground of desertion by a,decree of divorce.2. The admitted facts of the case are that on 18.5.1994, the marriage between the parties was solemnised at Satna according to Hindu rites and customs and the appellant/wife left the matrimonial house on 24.6.1996.3. That the case of the respondent/petitioner is that after the solemnisation of the marriage, the appellant/wife refused to do the domestic work and she started insulting her husband and his family members. That on 20th June, 1994 the appellant/wife went back to her parents' house and after considerable persuasion by the husband she came back to the matrimonial house. Respondent/ husband has averred that ultimately in the last week of December, 1994 the appellant/...
Ramchandra @ Bhagwan Bhagirath Vs. Oriental Insurance Co. Ltd.
Court: Madhya Pradesh
Decided on: May-12-2003
Reported in: III(2003)ACC402
Deepak Verma, J.1. With consent arguments heard on merits.In a motor accident, the present appellant, now aged about 60 years, had sustained injuries in his backbone at L-4 and L-5. He was medically treated in several hospitals by many doctors. According to doctors his partial permanent disability in the backbone was to the tune of 33%. However, in the evidence of Dr. R.N. Jaiswal he admitted that the appellant was already suffering from lumber spondilitis. But it cannot be disputed that on account of the accident the same must have aggravated. Doctors have also opined that in future he may require to undergo an operation. He is an agriculturist by profession and as per his statement, which is refuted by respondents, he was earning Rs. 5,000/- per month. The Claims Tribunal after appreciating the evidence available on record has awarded a total amount of Rs. 8,000/-.2. After having heard learned Counsel for the parties and after perusal of the record, we find that the compensation awar...
Smt. Jhugli Tekam Vs. Assistant Commissioner and ors.
Court: Madhya Pradesh
Decided on: May-09-2003
Reported in: AIR2004MP52; 2003(3)MPHT243; 2003(3)MPLJ466
ORDERS.K. Pande, J.1. Being aggrieved by the order dated 9-10-2002 passed by the ADJ, Shahdol in MCA No. 15/2001, this revision under Section 115 of CPC is preferred by the petitioner.2. Bhukia Bai was legally wedded wife of Kolai Singh, Savitri, Jhugli Bai are daughters of Late Bhukia. Savitri was unmarried and was in the employment of the State Government. On her death the applicant/petitioner filed an application under Section 372 of Indian Succession Act for issuance of succession certificate in the matter of debt security etc. of Late Savitri. The petition was resisted by non-applicant/respondents on the ground that Sonarin is another wife of Kolai Singh. From her, Mahesh, Malti, Mamta and Madhu are sons and daughters. Sonarin the step mother of Late Savitri and sons, daughters born from Sonarin, are also entitled to inherit the property left by Savitri. In succession Case No. 20/2000, Civil Judge Class-I, Shahdol directed issuance of succession certificate to the petitioner/appli...
Commissioner of Income Tax Vs. Kumars Tyre Manufacturing Co.
Court: Madhya Pradesh
Decided on: May-09-2003
Reported in: (2003)183CTR(MP)590; [2004]266ITR325(MP); 2003(4)MPHT359
ORDERS.K. Seth, J. 1. This reference under Section 256(1) of the Indian IT Act, 1961, at the instance of the Revenue has been made by the Tribunal, Indore Bench, for the opinion of this Court on the following question of law : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the power subsidy received by the assessee-company was a capital receipt and, therefore, not chargeable to income-tax ?' 2. The facts, in brief, giving rise to this reference as per the statement, of the case, are as follows : Assessee-company manufactures tyres and tubes, which are mostly sold to Bajaj Auto and Maharashtra Scooters. During the asst. yr. 1992-93 corresponding to the accounting period from 1st April, 1991, to 31st March, 1992, assessee-company had received power subsidy to the tune of Rs. 4,66,160. The ITO was of the opinion that power subsidy was revenue in nature and, as such, is liable to tax as income of the assessee. Consequently, he added ...
Commissioner of Income-tax Vs. Gurudeo Singh Jaggi
Court: Madhya Pradesh
Decided on: May-09-2003
Reported in: [2004]267ITR763(MP)
1.This is an appeal under Section 260A of the Income-tax Act, 1961. 2. This court at the time of admission had framed the following question of law :'Whether the learned Tribunal is justified in setting aside the orders passed by the lower authorities disallowing the assessee's claim of deduction towards conveyance allowance and additional conveyance allowance and while doing so, whether the learned Tribunal has correctly interpreted the provision of Sections 16, 17 and 10(14) of the Income-tax Act ?'3. In the course of hearing learned counsel for the parties very fairly agreed that another question of law does emerge in this case. The said question reads as under :'Whether the respondent was entitled to any deduction as per actual expenditure incurred out of the incentive bonus paid to him by the employer, namely, LIC ?'4. The facts which are necessary to be stated here are that the respondent is a Development Officer in the Life Insurance Corporation of India. For the assessment year...
Ram Niwas Singh Rathore Vs. Sumitra
Court: Madhya Pradesh
Decided on: May-09-2003
Reported in: I(2004)DMC442
A.K. Awasthy, J.1. The appellant/respondent has filed the appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 20.11.1996 passed in Civil Suit No. 1-A/91 by the District Judge, Shahdol wherein the petition of the respondent for restitution of conjugal rights under Section 9 of the Hindu Marriage Act was allowed and the counter claim of the appellant for divorce on the ground of adultery was dismissed.2. The admitted facts of the case are that the marriage between the parties was solemnised at Village Pathra, Distt. Shahdol according to the Hindu rites and customs and at the time of filing of the petition in the year 1991 the respondent/ wife was living separately in the house of her parents.3. The respondent/wife filed the application for restitution of conjugal rights under Section 9 of the Hindu Marriage Act on the ground that the appellant/ husband used to physically assault her and treated her with cruelty for the demand of the dowry. That the app...
Cit Vs. S. Kumars Tyre Mfg. Co.
Court: Madhya Pradesh
Decided on: May-09-2003
Reported in: [2003]131TAXMAN207(MP)
ORDERS.K. Seth, J.This reference under section 256(1) of the Indian Income Tax Act, 1961, at the instance of the revenue has been made by the Income Tax Appellate Tribunal, Indore Bench, for the opinion of this court on tile following question of law :'Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the power subsidy received by the assessee company was a capital receipt and therefore, not chargeable to income-tax ?'2. The facts, in brief, giving rise to this reference as per the statement of the case, are as follows :Assessee company manufactures tyres and tubes, which are mostly sold to Bajaj Auto and Maharashtra Scooters. During the assessment year 1992-93 corresponding to the accounting period from 1-4-1991 to 31-3-1992, assessee company had received power subsidy to the tune of Rs. 4,66,160. The Income Tax Officer was of the opinion that power subsidy was revenue in nature and, as such, is liable to tax as income of the assesse...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- Next ›
- Last »