Madhya Pradesh Court January 2005 Judgments
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Nanda and ors. Vs. Chottulal and ors.
Court: Madhya Pradesh
Decided on: Jan-18-2005
Reported in: III(2006)ACC124; 2006ACJ2122
R.V. Raveendran, C.J.1. This appeal is filed against the judgment and award dated 17.7.2000 passed by the Motor Accidents Claims Tribunal, Rajgarh (Biaora) in Claim Case No. 18 of 1998.2. Appellants, who were the claimants in the said claim petition, are respectively the widow, minor son and aged parents of one Santosh Kumar Mithal who died in a motor accident on 20.11.1995 involving vehicle No. CIC 9698. Deepchand, respondent No. 2, is the owner, Chottulal, respondent No. 1, is the driver and New India Assurance Co. Ltd. respondent No. 3, is the insurer of the said vehicle. Appellants claimed compensation of Rs. 38,25,300. Tribunal, after appreciating the evidence, awarded a compensation of Rs. 5,00,000 with interest at 12 per cent per annum from the date of petition. Appellants have filed this appeal contending that the compensation awarded is inadequate. Therefore, the only question that arises for consideration is about the adequacy of compensation.3. The Claims Tribunal found that...
Cit Vs. Premier Proteins Ltd.
Court: Madhya Pradesh
Decided on: Jan-18-2005
Reported in: [2008]296ITR657(MP); [2006]150TAXMAN42(MP)
ORDERSapre, J. This is an income-tax reference made at the instance of revenue under section 256(i) of the Income Tax Act by the Tribunal (ITAT) in R.A. No. 139/Ind./97, dated 9-2-1998 which arises out of an order dated 17-10-1997, passed by Tribunal in ITA No. 475/Ind./93 to answer following questions of law said to arise out of the aforementioned order:-'Whether on the facts and in the circumstances of the case, Tribunal was justified in law in holding that assessee was correct in claiming power subsidy as capital receipt.'2. Heard Shri R.L. Jain, learned senior counsel with Ku. V. Mandlik, learned counsel for the revenue. None for the assessee.3. At the outset, we wish to point out as to how and in what manner the Tribunal (ITAT) decided the question referred while deciding the appeal filed by the assessee:-'Para 2 - Ground No. 1 relates to the treatment accorded by the revenue authorities to power subsidy received by the assessee. The assessee claimed the power subsidy as capital r...
Gafoor Mohammad Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-18-2005
Reported in: [2005(106)FLR391]
A.K. Shrivastava, J.1. In the abovesaid three writ petitions, the petitioners have challenged their order of compulsory retirement. In all three petitions, the impugned order of compulsory retirement is Annexure-A/1 dated 26.7.19-94: Petitioner Gafoor Mohammad of Writ Petition No. 9158/2003 was serving on the post of Head Constable, petitioner Abdul Hafiz of W.P. No. 9157/2003 was also serving on the post of Head Constable while the petitioner Hari Krishna of W.P. No. 9156/2003 was serving on the post of Constable. All these three petitioners having attained the age of 55 years were directed to be compulsorily retired in public interest under F.R. 56 by giving three months wages and allowances.All the petitioners were serving in the police department. Against the order retiring them compulsorily, they submitted representation to DIG Police, Jabalpur Range, Jabalpur. The representation/appeal is Annexure-A/3 in all the petitions. According to the petitioners, the order retiring them com...
Sobaran Singh Dadoria Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-18-2005
Reported in: [2005(106)FLR105]
A.K. Shrivastava, J.1. By this petition the petitioner has challenged his order of dismissal passed by the Disciplinary Authority vide Annexure A-4 dated 11-12-1996 and affirmed by Appellate Authority vide Annexure A-5 dated 22-1-1997. The petitioner has also assailed the order passed by the Director General of Police dated 12-9-4997 by which the order passed by the Disciplinary Authority as well as the Appellate Authority has been diluted and in compliance of order of dismissal, the order retiring the petitioner compulsorily, has been passed.2. The contention of the learned Counsel for the petitioner is that, for a minor misconduct, as he remained absent for five days w.e.f. 4-6-1996 to 8-6-1996, he was subjected to departmental enquiry and ultimately his, services were dismissed, which was modified into order of compulsory retirement as passed by the Director General of Police. It has been put forth by learned Counsel for the petitioner that the charge-sheet was issued by Additional ...
Vinod Rathore Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jan-17-2005
Reported in: (2005)195CTR(MP)210; [2005]278ITR122(MP)
ORDERS.S. Jha, J.1. This reference is made by the single Bench to decide the following question of law :Whether collection of tax at source under Section 206C of the IT Act on the price of liquor shall include excise duty paid for purchase of liquor ?2. Counsel for the petitioner in support of his contention has relied upon the judgment in the case of Vinod Kumar Rathore v. Union of India (Writ Petn. No. 2325 of 1996 decided on 30th Nov., 1999). This judgment was delivered relying upon the judgment in the case of Ashok Kumar & Ors. v. Union of India (Writ Petn. No. 1042 of 1995 decided on 12th Sept., 1996). Counsel for the petitioner submitted that these two judgments have been followed in another judgment of this Court in the case of Harvansh & Sons v. Union of India 2002 (4) MPLJ 495. Counsel for the petitioner submitted that the costs of liquor will not include excise duty but will include the cost price of liquor. He submitted that under Section 206C of the IT Act (hereinafter, ref...
Suchitra Sinha and ors. Vs. Baijnath and ors.
Court: Madhya Pradesh
Decided on: Jan-17-2005
Reported in: 2006ACJ2317
Shantanu Kemkar, J.1. This appeal is filed by the claimants against the award dated 14.9.1998 passed by the Motor Accidents Claims Tribunal, Shajapur, in Motor Accident Claim Case No. 74 of 1994.2. It is not in dispute that Dr. Sushil Kumar Sinha died in an accident caused by truck No. CIG 8535 when the deceased was standing near his parked motor cycle on Agra-Bombay Road near Khujner crossing. Appellant No. 1 is widow, appellant No. 2 is daughter and appellant Nos. 3 and 4 are sons of the deceased. The appellants filed a claim petition seeking compensation of Rs. 12,50,000 for the death of Dr. Sushil Kumar Sinha. They claimed that the deceased was aged 48 years and was a private doctor practising in Homoeopathy and Ayurveda Systems of Medicine and was earning Rs. 10,000 to Rs. 12,000 per month.3. The Tribunal found that the deceased was aged 48 years at the time of death and assessed his income to Rs. 18,000 per year making deductions of 1/3rd on account of his personal expenditure, l...
Cit Vs. K.D. Wires (P) Ltd.
Court: Madhya Pradesh
Decided on: Jan-17-2005
Reported in: [2006]150TAXMAN244(MP)
ORDER1. This is an appeal filed by the revenue (Commissioner of Income-Tax) under section 260A of the Income Tax Act against the order dated 1-6-1999 passed by the Tribunal in I.T.A. No. 811 /IND /95. This appeal was admitted for final hearing by this court on 11 -9-2000 by passing the final order:' 11-9-2000Shri R.L. Jain, LC for the appellant.Heard.Substantial question of Law framed.Admit.Issue notice to the Respondent, PF within a week. List for final hearing in due course.'2. Perusal of the afore-quoted order sheet coupled with the memo of appeal indicates that the appeal was admitted on the following substantial question of law:'Whether on the facts and in the circumstances of the case and in law the ITAT was justified in holding that the deduction under section 80I is allowable on the gross total income without reducing therefrom the deduction under section 80HH of the Act even though the decision of the M.P. High Court in the case of M/s. J.P. Tobacco Products (P.) Ltd. (supra) ...
Mayaram and anr. Vs. Mehboob and anr.
Court: Madhya Pradesh
Decided on: Jan-17-2005
Reported in: 2007ACJ918
Shantanu Kemkar, J.1. This appeal is directed against the award dated 21.10.1999 passed by Motor Accidents Claims Tribunal, West Nimar, Mandleshwar in Claim Case No. 201 of 1998.2. It is not in dispute that Hemraj, son of appellants died in an accident which occurred due to head-on collision of mini-truck No. MP 7-D 2218 and truck No. MP 11-A 7219. The appellants (parents of the deceased Hemraj) filed a claim petition against the owner-cum-driver, respondent No. 1 and the insurer, respondent No. 2, of truck No. MP 11-A 7219, seeking compensation of Rs. 4,10,000. Respondent No. 1, remained exparte. New India Assurance Co. Ltd., respondent No. 2, resisted the claim and stated that the accident occurred due to rash and negligent driving of mini-truck in which the deceased was travelling, therefore, they cannot be made liable to pay the compensation.3. The Tribunal held that the accident occurred due to composite negligence of the drivers of both the trucks. Deceased was the cleaner of the...
Devendra Kumar JaIn Vs. Hon'ble Administrative Judge, High Court of M. ...
Court: Madhya Pradesh
Decided on: Jan-14-2005
Reported in: [2005(105)FLR437]; 2005(1)MPHT269; 2005(1)MPLJ501
ORDERDipak Misra, J.1. The petitioner was appointed as an LDC on 13-11-1970 by the District and Sessions Judge, Guna. In the year 1971 he was transferred from Guna, Biaora in the District Rajgarh which at the material time was under the Civil District of Guna. The said order of transfer was passed by the District and Sessions Judge. In the year 1973 the petitioner was retransferred to Guna and was working on the post of LDC. In the year 1975 the Civil District, Guna was bifurcated and separate Civil District was constituted at Rajgarh. The employees working in the District of Rajgarh remained under the District and Sessions Judge, Rajgarh and those who were working in the District Guna remained under the administrative control of the District and Sessions Judge, Guna. The petitioner continued at Guna.2. According to the writ petitioner in the year 1978 the Registrar, High Court of Madhya Pradesh, respondent No. 2 herein passed the order of transfer, transferring the petitioner from Gun...
Aman Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-14-2005
Reported in: II(2005)DMC207; 2005(2)MPHT32; 2005(2)MPLJ282
A.K. Gohil, J.1. Appellant has filed this appeal under Section 374 of the Code of Criminal Procedure, against his conviction under Section 306 and under Section 498A of Indian Penal Code and sentenced to undergo 10 years' R.I. and three years' R.I. respectively and fine of Rs. 100/- under each section and in default of payment of fine, to further undergo one month's R.I. retrospectively, by judgment dated 5-5-2003 in Sessions Trial No. 180/2002 by Additional Sessions Judge, Ganj Basoda, District Vidisha.2. The appellant is the husband of deceased Ram Bai. According to the prosecution case, the incident took place in the intervening night of 24th and 25th of June, 2002 at about 2 a.m. and at about 17.30 hours (5.30 p.m.) the appellant lodged a report to the Police Station, Ganj Basoda that in the night he was sleeping in the room alongwith his children after taking meals, at 2 o'clock in the night he heard the voice of his wife, she was shouting. When he came outside, he found his wife ...
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