Madhya Pradesh Court May 2003 Judgments
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Gulab Rao Vs. Indu Bai
Court: Madhya Pradesh
Decided on: May-06-2003
Reported in: I(2004)DMC128
A.K. Awasthy, J.1. The appellant/applicant has filed this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 24.12.1996 delivered by Additional District Judge, Multai, District Betul in Civil Suit No. 8-A/1996 wherein the petition filed under Sections 13(1)(i-a) and (ib) of the Hindu Marriage Act was dismissed.2. The admitted facts of the case are that the marriage between the appellant and respondent was solemnised on 7.5.1994 at village Aathner according to Hindu rites and customs and there is no issue from their wedlock. It is also the common ground that the respondent/wife has left the matrimonial house from 4.2.1995 and now she is living with her parents.3. The case of the appellant/applicant is that the respondent has stopped doing the house work and preparing the meals. It is alleged that the respondent/ wife has refused to perform the cohabitation and she insults the appellant alleging that his colour of skin is dark and he is of Gond commun...
United India Insurance Co. Ltd. Vs. Jhanjhan and ors.
Court: Madhya Pradesh
Decided on: May-06-2003
Reported in: I(2004)ACC552; 2003ACJ1792
S.S. Jha, J.1. This order shall also govern the disposal of Misc. Appeal No. 138 of 1993 United India Insurance Co. Ltd. v. Hakim Kaur.2. This appeal is filed by the insurance company praying that insurance company should be held liable for payment of compensation to the extent of Rs. 1,50,000 as under the policy liability of insurance company is limited.3. On 9.7.1989 both the deceased were travelling on a motor cycle bearing registration No. RRA 8602 collided with a truck bearing registration No. MBW 1809 which resulted into death of Bakilsingh s/o Pat-riya and Siyaram s/o Karodi. The legal representatives of both the deceased had filed claim petitions in the court of Motor Accidents Claims Tribunal, Morena. The claim petition filed by the heirs of Bakilsingh was registered as Claim Petition No. 55 of 1989 and the claim petition filed by the heirs of Siyaram was registered as Claim Petition No. 56 of 1989. Common award is passed in both the cases.4. Counsel for the insurance company ...
Commissioner of Income Tax Vs. Heg Ltd.
Court: Madhya Pradesh
Decided on: May-05-2003
Reported in: (2003)182CTR(MP)353; [2003]263ITR230(MP)
ORDERDipak Misra, J. 1. In this appeal preferred under Section 260A of the IT Act, 1961 (hereinafter referred to as 'the Act'), by the Revenue a short but interesting question arises for adjudication.2. The facts which are essential to be adumbrated for the disposal of the present appeal are that the assessee-company filed its return for the asst. yr. 1993-94 on 30th Dec., 1993, declaring total loss of Rs. 70,83,568. Upon processing, adjustments in respect of certain claims were made and loss was determined at Rs. 17,48,715 and accordingly, an intimation under Section 143(1)(a) of the Act was served on the assessee-company on 31st March, 1996. The AO also directed to deduct TDS at the prescribed rate on the remittance of US $ 25,000 to M/s PCI Kingwood, USA, as the payment was made for purchase of data of confidential nature which was in the form of monthly compilation called 'executive overview' containing data on carbon graphite electrodes industry in which the assessee is dealing an...
Heeralal Vs. Thakur Das
Court: Madhya Pradesh
Decided on: May-05-2003
Reported in: 2003(3)MPHT347
A.M. Sapre, J.1. It is an appeal filed by the plaintiff against an order, dated 27-8-2001, passed by learned XIVth Additional District Judge, Indore in C.A. No. 38-A of 2001, which in turn arises out of Civil Suit No. 300-A of 1999, decided by 1st Civil Judge, Class II, Indore, on 22-8-2000. It seeks to challenge the remand order passed by the First Appellate Court when the First Appellate Court allowed the appeal, set aside the judgment of Trial Court and remanded the case for fresh trial. The question that arise for consideration in this appeal is, whether remand order is justified on facts, or not ?2. It is not in dispute, that the issue involved in the suit out of which this appeal arises involves a case of encroachment. In other words, the dispute in the suit relates as to how much land is in possession of the defendant. According to plaintiff, it is a case of encroachment on his land whereas, defendant dispute this position.3. In a case of encroachment of land, where parties are ...
Satish Vs. Latif Khan and ors.
Court: Madhya Pradesh
Decided on: May-05-2003
Reported in: I(2004)ACC725; 2003(3)MPHT375
A.M. Sapre, J.1. This is an appeal by the claimant challenging the award dated 26-3-1999, passed by learned IInd Additional Accident Claims Tribunal, Mandsaur, inClaim Case No. 132 of 1998.2. One of the ground on which the impugned award was challenged by the appellant is that Insurance Company was wrongly exonerated by the learned Claims Tribunal on the ground that the Driver did not have a valid and legal licences to ply the vehicle in question. It is with this finding, the Insurance Company was exonerated by the learned Claims Tribunal.3. The question whether the Insurance Company can be exonerated if the driver of the offending vehicle did not have valid and legal licence to indemnify the liability of third party has since been settled by the decision of the Supreme Court in the case United India Insurance Company v. Lehru and Ors., reported in JT 2003 (2) SC 595. Their Lordships while confirming the earlier view of the Supreme Court in the case of New India Assurance Company v. Ka...
Bahadur Singh and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-05-2003
Reported in: 2003(3)MPHT472; 2002(2)MPLJ171
A.K. Shrivastava, J.1. This judgment shall also govern the disposal of Criminal Appeal No. 199/1992 as both the appeals arise from the same judgment of conviction.2. Feeling aggrieved by the judgment of conviction and order of sentence dated 8-44991 passed by the learned IIIrd Additional Sessions Judge, Chhatarpur in Sessions Trial No. 160/87 convicting the appellants Bahadur Singh and Shivbali under Sections 364, 302, 201 and 404 of the Indian Penal Code (hereinafter referred to as 'the IPC') and sentencing them to suffer rigorous imprisonment of 7 years and fine of Rs. 1000/- rigorous imprisonment of life and fine of Rs. 1000, and rigorous imprisonment of 5 years and fine of Rs. 500/- respectively to both the accused with the stipulation that both the sentences shall be concurrent, the accused/appellants are in appeal.3. Eight persons whose names appear in the cause title of the judgment of the Trial Court were tried for the offences punishable under Sections 147, 364 read with Secti...
Commissioner of Income-tax Vs. A.K. Ghosh
Court: Madhya Pradesh
Decided on: May-05-2003
Reported in: (2003)184CTR(MP)420; [2003]263ITR536(MP)
Dipak Misra, J.1. In this batch of appeals preferred under Section 260A of the Income-tax Act, 1961 (in short 'the Act'), the Revenue has called in question the legal propriety of the orders passed by the Income-tax Appellate Tribunal (hereinafter referred to as 'the Tribunal') in a number of appeals. It is seemly to state here that in some appeals a singular question of law has arisen and in some appeals two questions have cropped up for adjudication but the singular question being common to all, these appeals were heardanalogously and are disposed of by this common order. However, for the sake of clarity and convenience we shall advert to the facts in I.T.A No. 32 of 1999.2. The facts which are essential to be stated are that the respondent/assessee, a Development Officer in the Life Insurance Corporation, was assessed to income-tax by the Income-tax Officer, Jabalpur, For the assessment year 1989-90, the assessee claimed deduction on account of conveyance allowance for a sum of Rs. ...
Nand Kishore Vs. Ramesh Chandra and anr.
Court: Madhya Pradesh
Decided on: May-05-2003
Reported in: 2003(4)MPHT114
A.M. Sapre, J.1. It is a second appeal filed under Section 100 of CPC by the defendant No. 1 against the judgment/decree, dated 12-9-2002, passed by learned VIIth Additional District Judge, Indore in C.A. No. 9 of 2002, which in turn arises out of Civil Suit No. 55-A of 1995, decided on 6-3-2002, by Civil Judge, Class II, Depalpur. It is being contended by the appellant in this second appeal that the appeal involves substantial question of law within the meaning of Section 100 of CPC and hence, it is liable to be admitted for final hearing. So the question that arises for consideration in this second appeal is, whether appeal involves any substantial question of law within the meaning of Section 100 ibid ?2. The dispute relates to a suit land which originally belonged to one Onkar Lal. He died intestate leaving behind his wife Kamla Bai and two sons Ramesh Chandra and Nand Kishore, i.e., plaintiff and defendant respectively. One son, ie., Ramesh Chandra and his mother Kamla Bai filed a...
Mukesh Kumar JaIn Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: May-05-2003
Reported in: 2003(3)MPLJ568; [2004]55SCL387(MP)
Arun Mishra, J.1. Petitioner is assailing continuance seizure of the documents pursuance to the order dated 18-8-1999 P/1 passed by the Assistant Director, Enforcement Directorate under the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as 'FERA').2. Petitioner was arrested on 15-1-1999 and remained in jail custody till 17-3-1999 and was released under the provisions of Section 167(2) of the Criminal Procedure Code. During this time he was interrogated by the Enforcement Directorate, Government of India under the FERA. The statement of the petitioner was recorded and he was again arrested on 16-8-1999. Respondent No. 1 Government of India has issued order of detention dated 26-7-1999 under the provision of Section 3(1) of Conservation of Foreign Currency and Prevention of Smuggling Activities Act, 1974. His detention was quashed by the Advisory Board. He was released on 26-10-1999, The documents which were seized continued to be retained by the Assistant Director, Enfor...
Cit Vs. A.K. Ghosh
Court: Madhya Pradesh
Decided on: May-05-2003
Reported in: [2003]131TAXMAN124(MP)
ORDERDipak Misra, J.In this batch of appeals preferred under section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') the revenue has called in question the legal propriety of the orders passed by the Income Tax Appellate Tribunal (hereinafter referred to as the Tribunal') in number of appeals. It is seemly to state here that in some appeals a singular question of law has arisen and in some appeals two questions have cropped up for adjudication but the singular question being common to all, these appeals were heard analogously and are disposed of by this common order. However, for the sake of clarity and convenience we shall advert to the facts in I.T.A No. 32/99.2. The facts which are essential to be stated are that the respondent/assessee, a Development Officer in the Life Insurance Corporation, was assessed to income-tax by the Income Tax Officer, Jabalpur. For the assessment year 1989-90 the assessee claimed deduction on account of conveyance allowance for a ...
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