Madhya Pradesh Court November 2004 Judgments
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Smt. Sushila Devi and ors. (Legal Representatives of Ram Kumar Mishra) ...
Court: Madhya Pradesh
Decided on: Nov-24-2004
Reported in: 2005(1)MPHT454; 2005(2)MPLJ494
ORDERA.K. Shrivastava, J. 1. This petition was initially filed in this Court on 5-7-88 and was registered as M.P. No. 2265/88. However, on account of establishment of M.P. State Administrative Tribunal this petition was transferred to it and later on, on account of abolition of the Tribunal this petition has been received back by this Court for its adjudication.2. This petition was originally filed by Ram Kumar Mishra (hereinafter referred to as 'the employee') who died during the pendency of this writ petition and Smt. Sushila Devi and others arc his legal representatives. The employee assailed order of compulsory retirement dated 2-6-1988 (Annexure D) which was passed on account of punishment, after holding departmental enquiry. The employee was charge-sheeted and two charges were framed against him. The first charge was in respect of his daughter Ku. Deepu Mishra that employee had improved the percentage of marks to 51 % of the total marks and marked her successful in 4th class in t...
New India Assurance Co. Ltd. Vs. Ramanand and ors.
Court: Madhya Pradesh
Decided on: Nov-24-2004
Reported in: III(2005)ACC766; 2005ACJ1405
S.S. Jha and A.K. Gohil, JJ.1. The two appeals M.A. Nos. 151 and 152 of 1994 are heard together as both the appeals arise out of common award.2. Contention of the learned counsel for appellant insurance company is that in the absence of any fault on the part of Matador insured with the insurance company, the Claims Tribunal has erred in fastening the liability upon the appellant insurance company. He incited attention to the finding recorded in para 13 of the judgment, wherein Claims Tribunal has recorded a finding that the truck was driven in a rash and negligent manner and it had dashed against Matador, which resulted into the death of Gayaprasad and Radhacharan, who were sitting inside the said Matador. Again in para 19 of the award finding is recorded that the accident is caused On account of rash and negligent driving by the truck driver. Counsel for the appellant submitted that the Claims Tribunal erred gravely in fastening the liability upon the driver of Matador. The counsel fo...
Mrs. Gita Sanghi Vs. Cit and anr.
Court: Madhya Pradesh
Decided on: Nov-24-2004
Reported in: [2005]144TAXMAN807(MP)
ORDERA.M Sapre, JThis is an appeal filed by an assessee under section 260A of the Income Tax Act, against an order dated 18-2-1999 (Annex. B), passed by Tribunal (ITAT) in ITA No. 589/Ind/1995.2. At the outset, it may be mentioned that this appeal was dismissed by this court on 16-10-2000, by passing following order :'16-10-2000Shri M. S. Choudhary, learned counsel for the appellant.Shri R.L. Jain, learned counsel for the respondents.Heard on admission.As we find no substantial question of law, the appeal is dismissed.(R.D. Vyas, J.) (Shambhoo Singh, J.)'3. The assessee then filed an appeal (SLP) to Supreme Court being SLP No. (C) 8076 of 2000. Their Lordships granted leave to appeal in CA No. 2036 of 2003. By order dated 7-3-2003, the Supreme Court allowed the appeal, set aside the aforementioned order passed by this court and remanded the case to this court after framing the substantial question of law for deciding the appeal on merits. This is what their Lordships observed :'Leave i...
Balbir Singh and ors. Vs. Shivpuri-guna Kshetriya GramIn Bank and ors.
Court: Madhya Pradesh
Decided on: Nov-23-2004
Reported in: AIR2005MP93; III(2005)BC325; 2005(2)MPHT8; 2005(1)MPLJ368
1. This appeal is by the defendant Nos. 3 and 4 challenging the portion of decree whereby sale deed executed in their favour by Jagdish Singh has been held to be ineffective in view of the property charged with the Bank on the date of execution of sale deed.2. The facts of the case are as under :--That respondent No. 1-Bank filed a civil suit for recovery of a sum of Rs. 1,53,046/-. Jitendra Singh, defendant No. 1 has borrowed the money to purchase a Matador F-307 for transporting goods in carriage on hire and for carrying out a business of transport operator. This application was for self employment. The said vehicle was hypothecated with the Bank and it was jointly insured. Jagdish Singh stood as a guarantor and according to the plaintiff the property in dispute was charged under Section 5 of the M.P. Krishi Udhar Pravartan Tatha Prakiran Upabandha (Bank) Adhiniyam, 1972 (Act No. 32 of 1973) (hereinafter referred to as 'Adhiniyam, 1972'). The prescribed form was executed by Jagdish S...
Amar Agrawal and anr. Vs. Director of Income Tax (investigation) and o ...
Court: Madhya Pradesh
Decided on: Nov-22-2004
Reported in: (2005)193CTR(MP)465; [2005]276ITR182(MP)
ORDERArun Mishra, J.1. This writ petition has been filed by the petitioners to quash the authorization dt. 24th Jan., 2003, issued by the Director of IT (Inv.) under Section 132A of IT Act (hereinafter referred to as IT Act) and the action of requisitioning the cash from the custody of respondent No. 3/Police Station, Talaiya, Bhopal. Further prayer made is for quashing the notice (P--1) issued by respondent No. 2 under Section 131(3) of the IT Act on 24th Jan., 2003, impounding the bank slips found on the cash of the petitioner No. 2. Prayer has also been made to quash the notice (P- 2) issued under Section 131(1A) on 24th Jan., 2003. In addition, writ is sought to quash notice (P-3) dt. 30th Jan., 2003, issued under Section 131(3) of IT Act impounding the books of account of the petitioner No. 1, mandamus is sought to return the cash and restrain the respondent Nos. 1, 2 and 4 from taking any further action pursuant to the impugned orders (P-1), (P-2) and (P-3).2. It is averred in th...
Arihant Fertilizers Ltd. Vs. Rahul Builders and anr.
Court: Madhya Pradesh
Decided on: Nov-22-2004
Reported in: III(2006)BC110; 2005(3)MPLJ444
S.L. Kochar, J.1. This petition filed under Section 482 of the Code of Criminal Procedure by the applicant against the order dated 9.12.2003 passed by II Additional Sessions Judge, Neemuch in Criminal Revision No. 89/2003 arising out of order dated 24.2.2003 passed by learned Chief Judicial Magistrate, Neemuch.2. The facts of the case stated in brief before the Trial Court was that on 11.12.2000, non-applicant No. 1 Rahul Builders filed complaint before the Magistrate under Sections 138, 142 of the Negotiable Instruments Act (hereinafter called as the 'Act'). His case is that the applicant issued cheque bearing No. 693336 dated 30.4.2000 for Rs. 1 lac in favour of non-applicant. When the aforesaid cheque was produced for encashment in the Kshetriya Gramin Bank by the non-applicant, the same was returned with the endorsement that the applicant has closed the account. Thereupon, the complainant/non-applicant served a demand notice dated 31.10.2000. The applicant has given a letter to the...
Tata Exports Limited Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Nov-22-2004
Reported in: [2006]146STC598(MP)
ORDER1. This is a sales tax reference made Under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958 (since repealed) (herein after for short called 'the Act') by the Tribunal (Board of Revenue at the instance of the assessee/dealer to this Court in R.A. No. 7-1/89, which arise out of an appellate order dated April 10, 1989 passed by Tribunal in Appeal-119-5/88 to answer the following questions of law:1. Whether, on the facts and on the evidence on record, the Board of Revenue was correct in law in rejecting the contention of the applicant that the products in question were covered by entry No. 7 in Part I of Schedule II to the M.P. General Sales Tax Act, 1958 and accordingly the sales thereof were exigible to tax at the rate of 3 per cent only ?2. Whether, on the facts and in the circumstances of the case and on a proper construction of the relevant entries in Schedule II to the M.P. General Sales Tax Act, 1958, the Board of Revenue was justified in law in holding that the...
Amar Agrawal and anr. Vs. Director of It (investigation) and ors.
Court: Madhya Pradesh
Decided on: Nov-22-2004
Reported in: [2005]144TAXMAN762(MP)
ORDERArun Mishra, J.This writ petition has been filed by the petitioners to quash the authorization dated 24-1-2003, issued by the Director of Income Tax (Inv) under section 132A of Income Tax Act (hereinafter referred to as Income Tax Act) and the action of requisitioning the cash from the custody of respondent No. 3/Police Station, Talaiya, Bhopal. Further prayer made is for quashing the notice (P-1) issued by respondent No. 2 under section 131(3) of the Income Tax Act on 24-1-2003, impounding the bank slips found on the cash of the petitioner No. 2. Prayer has also been made to quash the notice (P2) issued under section 131(1A) on 24-1-2003. In addition, writ is sought to quash notice (P-3) dated 30-1-2003, issued under section 131(3) of Income Tax Act impounding the books of account of the petitioner No. 1, mandamus is sought to return the cash and restrain the respondent Nos. 1, 2 and 4 from taking any further action pursuant to the impugned orders (P-1), (P-2) and (P-3).2. It is ...
Maharaja Bahadur Singh Kasliwal Vs. Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Nov-18-2004
Reported in: (2005)193CTR(MP)734; [2005]277ITR483(MP)
ORDER1. This decision rendered in this reference shall also govern disposal of other connected references being WT Ref. No. 64 of 1999 and IT Ref. No. 53 of 1997 as all these references involve common questions of law.2. This is a wealth-tax reference made by the Tribunal (ITAT) under Section 27(1) of the WT Act to this Court in RA No. 60/Ind/1997 which in turn arises out of an order of Tribunal dt. 15th April, 1997, passed in WTA Nos. 78, 79 and 80/Ind/1991 as also 12, 13 and 14/Ind/1992 (asst. yrs. 1984-85 to 1986-87) and (1987-88 to 1989-90) for answering following questions of law :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the beneficial interest held by the assessee in two trusts was only a limited interest in spite of the judgment of the Supreme Court in the assessee's own case holding that the beneficial interest was held by him as individual and the assessee was not competent to throw his beneficial intere...
Deepak JaIn Vs. Century Textiles Industries Company and anr.
Court: Madhya Pradesh
Decided on: Nov-18-2004
Reported in: 2005(1)MPHT241; 2005(1)MPLJ464
ORDERS.K. Pande, J.1. The revision under Section 115 of CPC is directed against the order dated 8-5-2004 passed by Second ADJ, Jabalpur in Execution Case No. 2/2004.2. Non-applicant Century Textiles Industries Ltd. in C.S. No. 76/93 obtained a money decree against non-applicant M/s. Surya Trading Company Proprietor D.K. Jain, 744, Sarafa Bazar, Kamaniya Gate, Jabalpur (Document No. 5). The Court of Joint Civil Judge Sr. Division, Chandrapur (Maharashtra) thereafter transferred the decree to Jabalpur for its execution. In Execution Case No. 2/2004, notice to M/s. Surya Trading Company Proprietor D.K. Jain, 744, Sarafa Bazar, Kamaniya Gate, Jabalpur returned unserved. An attempt was made to serve the notice upon applicant Deepak Jain s/o Sumer Chandra Jain, 745, Sarafa, Jabalpur. Since non-applicant, Century Textiles Industries Ltd. was endeavouring to execute the decree against the applicant, an objection was preferred. The District Judge vide order dated 14-8-2001 (Document No. 7) held...
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