Madhya Pradesh Court August 2004 Judgments
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Cit Vs. Soya Udyog Ltd.
Court: Madhya Pradesh
Decided on: Aug-16-2004
Reported in: [2005]143TAXMAN364(MP)
ORDERA.M. Sapre, J.This is an application made by the revenue (CIT) under section 256(2) of the Income Tax Act consequent upon passing of an order dated 21-11-1997 (Annex. H), by Tribunal in RA No. 121/Ind/1997 whereby the application made by the revenue under section 256(1) of the Act was rejected by the Tribunal holding, inter alia that no referable question of law arises out of a second appellate order dated 28-7-1997, passed by Tribunal in ITA Nos. 834 and 835/Ind/1992 (Annex. F).2. Heard Shri R.L. Jain, learned counsel for the petitioner.3. Having heard learned counsel for the petitioner and having perused record of the case, we are of the view that the questions proposed by the petitioner do arise out of the order passed by the Tribunal and secondly, they are regarded as questions of law, requiring the Tribunal to refer the questions to this court for answer on their merits.4. Since the Tribunal had declined to refer those questions to this court in its jurisdiction conferred upo...
Bhadu and anr. Vs. Satish Nayak and anr.
Court: Madhya Pradesh
Decided on: Aug-13-2004
Reported in: 2004(4)MPHT98; 2004(4)MPLJ81
Shantanu Kemkar, J. 1. This is a claimant's appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the order dated 8-12-1995 passed by the Additional District Judge (MACT), Dindori in Claim Case No. 3/93 by which the learned Claims Tribunal has dismissed the claim petition holding it to be barred by limitation.2. In brief, the facts are on 8-5-1992 Brahaspatiabai mother of the appellants was dashed by a motor cycle bearing registration No. MUJ 4727 as a result of which she died on the spot. The misfortune of the appellants continued further as their father was murdered within few days after the accidental death of their mother. The appellants being minor filed a petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'Act') on 11-2-1993 through their uncle Dodal Singh seeking compensation for the death of their mother. The claim petition was accompanied by an application under Section 5 of the Limitation Act seeking condonation of delay in...
A.K. Sahu Vs. M.P. State Agro Industries Development Corporation and a ...
Court: Madhya Pradesh
Decided on: Aug-13-2004
Reported in: 2004(4)MPHT252; 2004(3)MPLJ589
ORDERS.P. Khare, J.1. This is a writ petition under Articles 226 and 227 of the Constitution of India challenging order dated 24-10-2001 (Annexure P-1) of the Managing Director of the M.P. State Agro Industries Development Corporation by which the petitioner has been dismissed from service. He has also challenged order dated 6-11-2002 (Annexure P-2) by which his appeal under Rule 27 of the Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 (hereinafter to be referred to as 'the Rules') has been dismissed.2. Arguments of both the sides heard. Respondent No. 2 Chairman, M.P. Stale Agro Industries Development Corporation is the Appellate Authority. The appeal has been dismissed by order dated 6-11-2002 (Annexure P-2) without recording any reasons. Rule 27 (2) of the Rules specifically provides that in the case of an appeal against an order imposing any of the penalties specified in Rule 10, the Appellate Authority shall consider-(a) whether the procedure laid d...
Commissioner of Income-tax Vs. Ashok Kumar JaIn Jawad
Court: Madhya Pradesh
Decided on: Aug-13-2004
Reported in: (2005)193CTR(MP)70; [2004]271ITR77(MP)
A.M. Sapre, J.1. This is an income-tax reference made Under Section 256(1) of the Income-tax Act, 1961, at the instance of the Commissioner by the Income-tax Appellate Tribunal (ITAT) to answer the following question of law:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessment made Under Section 143(3) read with Section 143(2)(b) of the Income-tax Act, 1961, was barred by limitation in view of Section 153(2) when the return was filed in response to notice Under Section 148 served on September 29, 1983 ?'2. As is clear from the question quoted supra, a short question in substance that arises for consideration in this reference is whether the Tribunal was justified in holding that the assessment made and completed by the Assessing Officer on March 25, 1988, in the assessment year 1982-83 in pursuance of a notice issued Under Section 148 of the Income-tax Act is within limitation or barred by limitation The Tribunal by placi...
Shashi Bai and anr. Vs. Om Kumar Goswami and ors.
Court: Madhya Pradesh
Decided on: Aug-13-2004
Reported in: 2004(4)MPHT334
ORDER1. With the consent of the learned Counsel for the parties, this appeal was finally heard.2. By this appeal, the appellants assail the award dated 29-8-2002, passed by the Additional Motor Accident Claims Tribunal, Dindori, in M.A.C.C. No. 16/2000, by which the Tribunal has dismissed the claim application filed by the appellants under Section 166 of the Motor Vehicles Act, on the question of jurisdiction of the Tribunal.3. The appellants who are the unfortunate parents of 9 year old child Priyanka, had claimed compensation of Rs. 1,25,000/- alleging that while they were asleep along with the said child in their Tea Stall on 21-2-2000, the vehicle bearing Registration No. UP-42/6892 driven by respondent No. 2 Bachchulal rashly and negligently, barged into their tenement, resulting in instantaneous death of their daughter. At the relevant time, the respondent No. 1 was the owner of the vehicle while the respondent No. 3 was its Insurance Company.4. he claim application was filed bef...
Ashok Kumar Vs. Lallan Khan and ors.
Court: Madhya Pradesh
Decided on: Aug-13-2004
Reported in: 2006ACJ167
Rajeev Gupta and S.K. Kulshrestha, JJ.1. Heard on admission. Appellant Ramnawami Singh is seeking enhancement of the amount of compensation awarded by 1st Additional Motor Accidents Claims Tribunal, Sidhi, passed in Claim Case No. 17 of 2003.2. The appellant claimed compensation of Rs. 32,14,265 for the death of his son Subhash Singh in a motor accident, on 27.1.2002, when offending vehicle minibus bearing the registration No. MP 53-E 0040 dashed against his scooter resulting in serious injuries to Subhash Singh, who succumbed to these injuries during the prolonged treatment in the hospital, on 13.9.2002.3. Tribunal took the notional income of Rs. 15,000 as income of the deceased, who was aged 18 years only. By deducting 1/3rd as personal expenses, the appellant's dependency was assessed at Rs. 10,000 per annum. Considering the age of the claimant, the Tribunal selected the multiplier of 13 and thus the compensation was worked out at Rs. 1,30,000. A sum of Rs. 1,13,000 was awarded for ...
Dhanaram Jeswani Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-13-2004
Reported in: AIR2005MP215
ORDERArun Mishra, J.1. In this petition, petitioner has prayed for the relief to quash order (P/1) dated 4-6-03 and for issuance of a direction to the respondent-Water Resources Department to make the purchase as provided under Rule 14 of M.P. Store Purchase Rules.2. It is averred in the petition that petitioner has a unit registered as small scale industry PVC, HDPE and LDPE pipes, polythene bags, low density polythene film. Respondent No. 6 Chief Engineer, Upper Narmada Zone, Bargi Hills, Jabalpur, published a notice inviting tender (P/ 1) for excavation and construction of Bargi Right Bank canal' along with its distribution system from R.D. 63 Km. to 72 Km. including earth work, C.C. lining, construction of structures. Said advertisement has been issued in contravention to the provisions contained in Rule 14 of the M.P. Store Purchase Rules. Rule 14 prescribes the procedure for purchase of the goods mentioned in the schedule. Item 18 Anhexure B includes plastic goods, furniture, can...
United India Insurance Company Ltd. Vs. Ku. Savita Dhurve and ors.
Court: Madhya Pradesh
Decided on: Aug-12-2004
Reported in: 2004(4)MPHT250
ORDER1. With the consent of the parties, this appeal was finally heard as it raises a singular contention.2. This appeal is directed against the award dated 9-7-2001 of the Motor Accident Claims Tribunal, Chhindwara passed in Claim Case No. 35/99 by which the Tribunal has awarded a sum of Rs. 68,072/- as against the sum of Rs. 5,00,000/- claimed as compensation for the 100% permanent disability received in the lower limbs in an accident.3. It is not disputed before us that the accident occurred on 17-6-98 when the respondent No. 1 Ku. Savita Dhurve aged about 24 years was travelling in a bajaj tempo bearing registration No. MP 28-T-0339. It was staled that the driver of the vehicle suddenly jumped and abandoned the vehicle with the result the accident occurred resulting in serious injuries. Though prompt treatment was administered but the injuries to the back bone had the consequent effect of paralysis of both legs to the extent of 100%. Thus, the respondent No. 1 Savita has sustained ...
Ku. Fatima @ Kiran Swamy Vs. Murarilal and anr.
Court: Madhya Pradesh
Decided on: Aug-12-2004
Reported in: 2004(4)MPHT245
ORDER1. On due consideration MCP No. 1461/2004 is allowed and the delay in filing the appeal is hereby condoned.2. With the consent of the learned Counsel for the parties the appeal is finally heard.3. Appellant Ku. Fatima @ Kiran Swamy is seeking enhancement of the amount of compensation awarded by Fourth Additional Motor Accident Claims Tribunal, Jabalpur, vide award dated 28-4-2003 passed in Motor Vehicle Case No. 87/2002.4. Appellant Ku. Fatima @ Kiran Swamy claimed compensation of Rs. 3 lacs for the serious injuries including a crush injury on her right arm resulting in permanent disability to the extent of 40%, in the motor accident on 27-3-2002.5. The Tribunal, on considering the evidence led by the parties, awarded Rs. 40,000/- for the 40% permanent disability; Rs. 10,000/- for medical expenses; Rs. 5,000/- towards pain and suffering; and Rs. 2,000/- for loss of income. Thus a total sum of Rs. 57.000/- was awarded as compensation to the appellant for the injuries suffered by he...
National Insurance Company Ltd. Vs. Vimla Bai and ors.
Court: Madhya Pradesh
Decided on: Aug-12-2004
Reported in: 2004(4)MPHT469
ORDER1. Heard on admission.2. The Insurance Company, insurer of the vehicle involved in the accident, has filed this appeal under Section 173 of Motor Vehicles Act against the award dated 1-3-2004 passed by the Motor Accident Claims Tribunal, Katni in M.V.C. No. 323/2002. By the said award, compensation of Rs. 2,16,000/- has been awarded to the non-applicant Nos. 1 and 2 in relation to the death of the driver of vehicle bearing registration No. MP 20-H-7521.3. The solitary ground on which the Insurance Company seeks to exonerate itself from the liability is that the driver of the vehicle did not possess any licence with the result, the Insurance Company was relieved of the obligation to pay compensation under the provisions of the Motor Vehicles Act in respect of the liability of the owner of the vehicle. Learned Counsel, in this behalf, has placed reliance on the judgment of the Supreme Court in United India Insurance Co. Ltd. V. Gian Chand and Ors. (AIR 1997 SC 3824) in support of hi...
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