Madhya Pradesh Court July 2003 Judgments
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Vijaykumar Vs. Shabbir
Court: Madhya Pradesh
Decided on: Jul-07-2003
Reported in: III(2003)ACC390
Deepak Verma, J.1. The claimant has come up in appeal for enhancement of compensation, awarded by Addl. Motor Accident Claims Tribunal, Jaora in M.V. Case No. 13 of 2002 decided on 15.11.2002.2. The claimant, a young boy aged 5 years, met with a road accident on account of rash and negligent driving of the offending vehicle by respondent No. 1. The vehicle, at the time of accident was owned by respondent No. 2 and was insured with respondent No. 3.3. According to the claimant, on account of personal injuries, sustained by him, he was required to undergo a prolonged treatment at various places, including Baroda (Gujarat).4. From the evidence on record, it is clear that the claimant sustained a crushed injury in the left foot, as a result, his left paw was amputated.5. Dr. S.K. Bahal (P.W. 2) has stated before the Tribunal, that left leg of the claimant is shortened by 1' and as per Ex. P. A-96, the claimant had sustained in the lower leg 53% of permanent disability and overall disabilit...
Madhya Pradesh Wakf Board Vs. Abdul Rais and ors.
Court: Madhya Pradesh
Decided on: Jul-04-2003
Reported in: 2003(4)MPHT370
ORDERA.M. Sapre, J.1. This is a revision filed by Madhya Pradesh Wakf Board under Section 83(9) proviso of the Wakf Act, 1995 against the order dated 16-4-2000 passed by Wakf Tribunal, Bhopal in Case No. 1417 of 1996. Facts in brief are these.2. In exercise of powers conferred by Section 5(1)(2) of Wakf Act of 1954, the Board on 13-9-1985 published in the official Gazette declaring that the property specified in the Gazette (suit property) is a Wakf Property situated in District Ujjain.3. On 27-12-1996, the respondents filed an application before the Tribunal constituted under the Wakf Act under Section 6/7 of the Act of 1995 seeking a declaration that the suit property specified in the official Gazette (Wakf List), dated 13-9-1985 referred supra, is not in fact a Wakf Property but the said property exclusively belongs to respondents (applicants before the Tribunal). In other words, the respondents sought a declaration that applicants are the Bhumiswami of the suit properties (agricult...
Municipal Corporation and anr. Vs. Col. Anil Kak and anr.
Court: Madhya Pradesh
Decided on: Jul-03-2003
Reported in: 2003(4)MPHT146; 2003(3)MPLJ379
ORDERA.K. Gohil, J.1. Being aggrieved by order dated 21-3-2002 passed by XIIth ADJ, Indore in Civil Miscellaneous Appeal No. 40/2001, arising out of the order passed on an injunction application filed by the plaintiff, by which the Trial Court granted injunction on 16,000 sq. ft. and in appeal by impugned order the Lower Appellate Court granted injunction on the entire construction, the Municipal Corporation initially had preferred a Civil Revision under Section 115, CPC, which has now been converted into a writ petition under Article 227 of the Constitution by order 12-5-2003.2. The following facts of case are not disputed, as per the synopsis jointly submitted by the learned Counsel for the parties :--11-8-98 : Lease agreement exercised by Sushri Sushilaraje in favour of plaintiff Anil Kak in respect of 4.8 acres of land situated at Khasra No. 60, Village Tejpur Gadbadi, Indore for a period of 10 years. The lease was renewable. Monthly rent of Rs. 1 lakh was payable by July, 1999.15-...
Commissioner of Income Tax Vs. NitIn Munje
Court: Madhya Pradesh
Decided on: Jul-03-2003
Reported in: (2003)185CTR(MP)255
1. He is heard on the question of admission.2. This appeal has been preferred against the order dt. 9th Aug., 2002 passed by Tribunal, Indore in IT(SS)A No. 9/Ind/96. For the block asst. yr. 1986-87 to 13th Sept., 1995, the assessee has been assessed to tax by the AO and in the opinion of the AO, the entries made in the diary indicate that concealed income ought to have been assessed for the block assessment period. Accordingly, the income was added and assessed the tax.3. In appeal, the Tribunal, Indore preferred by the assessee allowed, the appeal holding that there was no dispute that the date of filing of return for the asst. yr. 1995-96 was extended till 31st Oct., 1995 and when the search was conducted on 13th Sept., 1995, the due date for filing of the return was due. Assessee claimed that the income relates to the asst. yr. 1995-96 for which the date of filing of the return of income-tax under Sub-section (1) of Section 139 had not expired. Before the AO, the assessee made decl...
Commissioner of Income Tax Vs. Nathulal Gangaram Soni
Court: Madhya Pradesh
Decided on: Jul-03-2003
Reported in: (2004)186CTR(MP)418
1. R.L. Jain, learned counsel for the Revenue.2. He is heard on the question of admission.3. This appeal has been preferred against the order dt. 3rd Dec., 2002, passed by Tribunal, Indore in ITA No. 257/Ind/1997.4. After going through the impugned order, we find that the Tribunal has recorded a finding that the interest income earned by the smaller HUF could not have been assessed in the hands of bigger HUF, as the same is not permissible as per the law.5. Undisputedly, the respondent has been accepted as a smaller HUF, in view of the partition of the bigger HUF of Nathuram which has been recognized under Section 171(1) of the IT Act, 1961, by the Department itself.6. In view of the admitted facts and circumstances of the case, the Tribunal allowed the appeal. The findings recorded by the Tribunal are factual in nature and do not involve any substantial question of law. Thus, the appeal being devoid of any substance merits dismissal without any orders as to costs....
Manju Sharma and ors. Vs. Daulat Ram and ors.
Court: Madhya Pradesh
Decided on: Jul-03-2003
Reported in: III(2003)ACC461
ORDER1. This appeal is by the claimants for enhancement of the compensation. Deceased Rambabu was travelling in a tractor which met with an accident which resulted into the death of driver of the tractor and injuries to Rambabu. Later Rambabu died in a hospital at Indore. While deceased Rambabu was going on a tractor, tractor No. MP 08/A-5789 driven by Daulatram dashed the tractor from behind in which deceased was sitting on a trolley which resulted into the death of Rambabu. Deceased was aged 24 years at the time of the accident. Claims Tribunal has awarded Rs. 50,000/- as compensation and Rs. 15,000/- towards medical expenses. Claims Tribunal has held that the deceased was earning Rs. 250-300 per month and the evidence that he was likely to be appointed as teacher on completion of training has been held to be imagination and without assigning any reason, Claims Tribunal has determined compensation as Rs. 50,000/- only.2. A.W. 1 Manju Sharma has deposed that her husband was getting Rs...
Cit Vs. Nathulal Gangaram Soni
Court: Madhya Pradesh
Decided on: Jul-03-2003
Reported in: [2003]133TAXMAN480(MP)
ORDERShri R.L. Jain, learned counsel for the revenue.2. He is heard on the question of admission.3. This appeal has been preferred against the order dated 3-12-2002 passed by Income Tax Appellate Tribunal, Indore in ITA No. 257/IND/97.4. After going through the impugned order, we find that the Income Tax Appellate Tribunal has recorded that the interest income earned by the smaller hindu undivided family (hereinafter referred to as the HUF) could not have been assessed in the hands of bigger HUF, as the same is not permissible as per the law.5. Undisputedly, the respondent has been accepted as a smaller HUF, in view of the partition of the bigger HUF of Nathuram which has been recognized under section 171(1) of the Income Tax Act, 1961 by the department itself.6. In view of the admitted facts and circumstances of the case, the Tribunal allowed the appeal. The findings recorded by the Tribunal are factual in nature and do not involve any substantial question of law. Thus, the appeal bei...
Cit Vs. NitIn Munje
Court: Madhya Pradesh
Decided on: Jul-03-2003
Reported in: [2003]132TAXMAN452(MP)
Shri R.L. Jain, learned counsel for the revenue. He is heard on the question of admission.2. This appeal has been preferred against the order dated 9-8-2002 passed by Income Tax Appellate Tribunal, Indore in I.T. (SS) A. No. 9 (Indore) of 1996. For the block assessment year 1986-87 to 13-9-1995, the assessee has been assessed to tax by the assessing officer and in the opinion of the assessing officer, the entries made in the diary indicate that concealed income ought to have been assessed for the block assessment period. Accordingly, the income was added and assessed the tax.3. In appeal, the Income Tax Appellate Tribunal, Indore preferred by the assessee allowed the appeal holding that there was no dispute that the date of filing of return for the assessment year 1995-96 was extended till 31-10-1995 and when the search was conducted on 13-9-1995, the due date for filing of the return was due. Assessee claimed that the income relates to the assessment year 1995-96 for which the date of...
Daryav Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-01-2003
Reported in: 2003(3)MPHT281; 2003(4)MPLJ574
ORDERS. Samvatsar, J. 1. This petition is filed under Section 482, Cr.PC challenging order dated 23-4-99 passed by First Additional Sessions Judge, Ganjabasauda in Criminal Revision No. 91/98 whereby the Revisional Court has confirmed the order passed by the Trial Court rejecting the prayer of the applicant accused to try the case against him in accordance with the provisions of the Juvenile Justice Act. 2. Facts of the case are that a criminal case was registered against the applicant for committing offences under Sections 302, IPC. The date of incidence is 16-12-97. According to the applicant his date of birth is 8-6-84 and, therefore, according to him he was below 16 years of age at the time of commission of the offence and, therefore, he is entitled to the benefit of the provisions of Juvenile Justice Act. 3. Both the Courts below rejected his prayer by holding that the age of the applicant was above 16 years. The said finding is arrived at by the two Courts below on the basis of m...
Suryanarayan Vs. Shyam Lal Vyas
Court: Madhya Pradesh
Decided on: Jul-01-2003
Reported in: 2003(4)MPHT109; 2003(4)MPLJ352
ORDERUma Nath Singh, J.1. This civil revision, filed under Section 23-E of the M.P. Accommodation Control Act (hereinafter referred to as 'Act') against the order dated 18-11-2002, passed by Rent Controlling Authority, Gwalior in Case No. 22/99-2000X90/7, calls in question the impugned order, mainly on the ground that 'the bona fide requirement' as defined under Section 23-A (a) in respect of 'member of family' as defined under Section 2(e) of the Act, does not include grand children and further, in Para 8 of the impugned order the reasons given by the Rent Controlling Authority (hereinafter referred to as 'Authority') are not based on materials on record. It is also contended that the applicant was not afforded a proper opportunity to defend his case. It is also urged that even the map of the premises was not considered in right perspective.2. On the other hand, it has been contended on behalf of the non-applicant/landlord that the order does not suffer from any infirmity, and the bon...
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