Madhya Pradesh Court October 2005 Judgments
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State of M.P. and ors. Vs. R.L. Ogale and ors.
Court: Madhya Pradesh
Decided on: Oct-06-2005
Reported in: 2006(2)MPHT202; 2006(1)MPLJ412
ORDER1. The original respondent was working as Forester in the Forest Department of Madhya Pradesh. He was promoted as Dy. Ranger in the year 1962 and, thereafter, as Forest Ranger in June, 1975. A departmental proceeding was initiated and a charge-sheet was issued against the original respondent on 22-8-1984, in respect of some misconduct alleged to have been committed by him while he was posted as Forest Ranger in-charge of Departmental Operations of Coupe Nos. 11, 12 and 13 of Chandgarh. While the departmental proceedings were pending the original respondent retired from service on attaining the age of superannuation on 31-8-1985. Thereafter, the Inquiry Officer submitted his inquiry report on 30-5-1988 and the Disciplinary Authority passed an order on 1-6-1991 directing inter alia for recovery of loss of Rs. 4,10,071.84 alleged to have been caused by the original respondent to the Government.2. Aggrieved by the said order dated 1-6-1991, the original respondent filed O.A. No. 996/1...
GramIn Sahkari Samiti Maryadit and anr. Vs. Geetabai and ors.
Court: Madhya Pradesh
Decided on: Oct-05-2005
Reported in: II(2006)ACC270
ORDERN.K. Mody, J.1. Being aggrieved by the award dated 30.10.1998 passed by MACT, Biora Distt. Rajgarh, in Claim Case No. 30/98, whereby a sum of Rs. 82,000 has been awarded along with interest @ 15% per annum, the present appeal has been filed.2. Short facts of the case are that the respondent Nos. 1 to 3 are the legal representatives of deceased Sitaram, who was travelling in a tractor bearing registration No. MPD 8681, which was owned by respondent No. 5 and was driven by respondent No. 4. In the intervening night of 6.10.1987 and 7.10.1987 undisputedly the accident took place in which deceased Sitaram died. Thereafter, the claim petition was filed by respondent Nos. 1 to 3 against respondent Nos. 4 and 5 and also against the appellants alleging that the accident has taken place between the tractor No. MPD 8681 and truck bearing registration No. MBH 9406, which was owned by appellant No. 1 and was driven by appellant No. 2.3. Appellant submitted the written statement wherein it was...
Commissioner of Income Tax Vs. Kantilal Prabhudas Patel
Court: Madhya Pradesh
Decided on: Oct-05-2005
Reported in: [2008]296ITR568(MP)
1. Shri R.L. Jain, senior advocate with Ms. Veena Mandlik, advocate, for the appellant.2. Heard on admission.3. The Revenue has preferred this appeal under Section 260A of the Income-tax Act, 1961, ag fainst the order of the Income-tax Appellate Tribunal in I.T. (SS) A. Nos. 79 and 80/IND/2002 by which the Tribunal has deleted the addition made by the Assessing Officer and affirmed by the Commissioner of Income-tax (Appeals).4. Learned senior Counsel submits that in the search made in the premises of the assessee a number of documents were found which disclosed certain hawala transactions in which the assessee has made income which he had not disclosed in his return for the block period April 1, 1989, to August 18, 1999. Accordingly, on the basis of the said entries, the Assessing Officer made an addition of Rs. 55 lakhs which was affirmed by the Commissioner of Income-tax (Appeals), but, the Tribunal on further appeal deleted the said addition. Learned Counsel has pointed out that the...
Gopaldas Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Oct-04-2005
Reported in: (2006)200CTR(MP)577; [2006]285ITR393(MP); 2006(1)MPLJ199
ORDERS.L. Kochar, J.1. By this petition, the petitioner is claiming quashment of documents Annexs. P/9 and P/11 whereby the application of the petitioner under Kar Vivad Samadhan Scheme, 1998 (for brevity, referred as 'KVSS') was rejected for the asst. yr. 1993-94 by the respondent No. 2 on the ground that he did not deposit the required tax due on the basis of modified certificate issued under s. 90(1) of KVSS. He deposited the tax on 6th July, 1999 much after 30 days and by order Annex. P/11 passed by respondent No. 2, the respondent No. 2 rejected the representation Annex. P/10, dt. 31st Jan., 2000 submitted by the petitioner to respondent No. 2 for acceptance of application/declaration, since the tax was deposited within 30 days from the modified order/certificate (Annex. P/6) dt. 7th June, 1999 by respondent No. 2.2. The factual matrix in short for deciding the dispute between the parties is that the petitioner is carrying on the business in the name and style of 'Poonam Oil Indus...
Sunil Sethi Vs. Gopal and ors.
Court: Madhya Pradesh
Decided on: Oct-04-2005
Reported in: II(2006)ACC43
ORDERN.K. Mody, J.1. This order shall also govern the disposal of MA No. 235/2000.Being aggrieved by inadequacy of the amount awarded vide award dated 20.11.1999 passed by 14th MACT, Indore in Claim Case No. 68/1999, whereby the claim petition filed by respondent No. 1 has been allowed in which award of Rs. 26,000 along with interest @ 12% per annum from the date of application has been passed against the appellant, the present appeal has been filed.2. Short facts of the case are that on 23.4.1984 the accident took place on MG Road, Indore in which respondent No. 1 was travelling on scooter bearing registration No. CPF 5485 which was owned by respondent No. 2, driven by respondent No. 3. It was alleged by respondent No. 3 that the scooter was insured with respondent No. 4. In the accident respondent No. 1 sustained injuries. Claim petition was filed on 28.1.1985 wherein it was alleged that accident of scooter bearing Registration No. CPF 5485 took place with car bearing Registration No...
Pushplata Verma and ors. Vs. Chen Singh and ors.
Court: Madhya Pradesh
Decided on: Oct-04-2005
Reported in: II(2006)ACC317
S.K. Kulshrestha, J.1. This appeal under Section 173 of the M.V. Act, 1988, has been filed against the award dated 29.9.2004 of the Eleventh Additional Member, MACT, Indore, in Claim Case No. 33/2003 by which in respect of the death of Rajaram, husband of appellant No. 1, father of appellant Nos. 2 and 3 and son of appellant No. 4, the Tribunal has awarded a total sum of Rs. 3,11,000.00. By the present appeal, the appellants seek enhancement of the amount.2. According to the claimants, on the night intervening 28-29.6.2003, while the deceased Rajaram was going with his other family members, near Police Station Rajendranagar, there was collision with the car driven by NA No. 1 bearing registration No. MP-09-HB-2198. He got stuck under the car and was dragged for about 100 feet. In a badly injured condition, he was taken to MY Hospital where he was declared dead. Rajaram was an Assistant Excise Officer getting a salary of Rs. 15,000 per month and on account of his untimely death, the app...
Gyanendra Singh Vs. National Insurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Oct-03-2005
Reported in: 2006ACJ1384; 2005(4)MPHT316; 2005(4)MPLJ566
ORDERK.K. Lahoti, J.1. Appellant who is owner-cum-driver of the vehicle has assailed award dated 18-11-1999 passed by the Additional Motor Accident Claims Tribunal, Mauganj, District Rewa in Claim Case No. 97/98 by which the Tribunal exonerated Insurance Company on the ground that on the date of accident, appellant was not having valid licence to drive four wheeler (light motor vehicle).2. Facts of the case are that the appellant is owner of Jeep M.K.A. 494. On the date of accident viz. 12-12-1988, appellant was driving the vehicle and dashed to the deceased. In the claim petition, petitioner filed his driving licence (Ex. D- 1) which was issued for motorcycle (two wheeler). Thereafter, concerned R.T.O. by order dated 5-3-1990 endorsed that the appellant has been licensed to drive light motor vehicle w.e.f. 11-4-1988. Appellant contested claim petition on the ground that on the date of accident, appellant was having valid driving licence and the insurance company was liable for the com...