Madhya Pradesh Court February 2005 Judgments
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United India Insurance Co. Ltd. Vs. Methli and ors.
Court: Madhya Pradesh
Decided on: Feb-22-2005
Reported in: III(2005)ACC122
ORDERHeard Mr. Anil Goel, learned Counsel for appellant on the question of admission.Record perused.1. Award dated 30.9.2004, passed by Motor Accident Claims Tribunal, Jhabua in Claim Case No. 76 of 2000 is being challenged primarily on the ground that amount of Rs. 6,91,500/- awarded to the claimants on account of death of Khemraj, an agriculturist and a mason aged about 35 years, is on higher side. Learned Counsel for appellant submitted that permission under Section 170 of Motor Vehicles Act was obtained.2. Deceased Khemraj was having his own agricultural land admeasuring 1.07 hectares in village Machaliya, wherein, he was carrying on his agricultural operation. Apart from the above, it was further averred that he was also carrying on work of mason, but, this has not been found to be proved. Deceased Khemraj was having a, large family to be looked after, that is two wives, 9 children and mother.3. On the strength of oral evidence adduced by claimants, the monthly income of deceased ...
Battilal Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Feb-21-2005
Reported in: 2005(3)MPHT32
ORDERR.V. Raveendran, C.J.1. The petitioner was appointed as an Unskilled Labourer on 26-12-1976. Disciplinary proceedings were initiated against him in regard to a charge of making bogus LTC claim without actually undertaking the journey, culminating in imposition of punishment of compulsory retirement by order dated 2-7-1994, which was affirmed by the Appellate Authority. That was challenged by the petitioner in O.A. No. 124 of 1997 before the Central Administrative Tribunal, Bench Jabalpur. The Tribunal by order dated 1-11-2002 disposed of the matter with a direction to the Appellate Authority only to reconsider the case of the petitioner in regard to quantum of punishment on the ground that in the case of some similarly placed the employees, a penalty of compulsory retirement had been reduced to a lesser penalty. In pursuance of the said order, the Appellate Authority reconsidered the matter and passed the following order on 28-1-2003 :--'.....In deference to the observations made ...
indore Municipal Corporation and anr. Vs. Kundanlal
Court: Madhya Pradesh
Decided on: Feb-21-2005
Reported in: 2005(2)MPHT435; 2005(2)MPLJ390
S.K. Gangele, J.1. This is defendant's second appeal against the judgment and decree dated 24-4-89 passed in C.A. No. 6/88 affirming the judgment and decree dated 21-1-88 passed in C.S. No. 325-A/83. The appeal was admitted for hearing on following substantial question of law vide order dated 28-3-90 :--'Whether by permanent injunction to the respondent with regard to a piece of land to which he has no title, the statutory powers and direction conferred on the appellant Corporation under Sections 322, 323, 307 and 376 of the Municipal Corporation Act can be nullified ?'2. The facts of the case are that the plaintiff filed a suit for permanent injunction mentioning that he had been doing his business for the last 20 years on a Gumti constructed by him measuring 7 ft. and 9 1/2 ft. situated at Ranipura, Jawahar Marg, Indore. He further pleaded that he had submitted an application in 1975 to the defendant for regularisation of his encroachment, but no orders were passed by the defendants ...
Design Auto System Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Feb-21-2005
Reported in: IV(2005)BC101; [2008]144CompCas765(MP); 2005(4)MPHT7; 2005(1)MPLJ517; [2005]62SCL557(MP)
ORDERS.K. Seth, J.1. This writ petition is directed against the Order dated 16-12-2003 (Ann. P-2) and the Summons dated 2-1-2004 (Ann. P-3). Order dated 16-12-2003 on behalf of the Central Government has been passed by respondent No. 2 under Section 235(1) of the Companies Act, 1956 (hereinafter referred to as 'Act') ordering investigation by respondent No. 3 into the affairs of the petitioner company. In order to carry out investigation, respondent No. 3 has issued summons to the Principal Officer of the petitioner company to produce Books of Account and other documents and papers and as well as to give evidence from 7-1-2004 to 9-1-2004.2. Facts lie in a narrow compass. Petitioner is a company registered under the provisions of the Act. It is alleged that without there being any report of the Registrar of Companies (hereinafter referred to as 'RoC') the order dated 16-10-2003 P-2 has been issued which is per se illegal, without jurisdiction, and as such unsustainable in law. Alternat...
Commissioner of Income Tax Vs. Jyoti Overseas Ltd.
Court: Madhya Pradesh
Decided on: Feb-21-2005
Reported in: (2005)197CTR(MP)477
ORDERA.M. SAPRE, J.1. This is an appeal filed by the CIT under Section 260A of the IT Act, against an order dt. 26th Feb., 2001, passed by learned Income-tax Appellate Tribunal (for brevity hereinafter referred to as Tribunal) in ITA No. 332/Ind/2000. This appeal was admitted for final hearing on following substantial question of law :'Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in directing the AO to calculate the deduction under Section 80HHC on the amounts representing indirect cost (a) Rs. 44,81,595 and (b) Rs. 75,55,231 treating it as attributable to direct cost of the manufacturing activities of the assessee ?'2. Heard Shri R.L. Jain, learned senior counsel with Ku. V. Mandlik, learned counsel for the appellant, and Shri G.M. Chafekar, learned senior counsel with Shri R.K. Sarda, learned counsel for the respondent.3. At the outset, it may be mentioned that learned counsel for the appellant brought to our notice a decision rend...
Commissioner of Income Tax Vs. Smt. Laxmidevi Ratani and ors.
Court: Madhya Pradesh
Decided on: Feb-21-2005
Reported in: (2005)198CTR(MP)336; [2008]296ITR363(MP)
ORDERA.M. Sapre, J.1. This is an income-tax reference made under Section 256(1) of the IT Act at the instance of CIT (Revenue) by the Tribunal in RA Nos. 248, 249 and 250/Ind/1992, dt. 13th Sept., 1996, which arises out of ITA Nos. 1100, 1040 and 1041/Ind/1991, decided on 27th July, 1998, to answer following question of law :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding the amount of Rs. 7,34,000 as capital receipt not exigible to capital gains tax as no transfer of any property was involved within the meaning of Section 2(47) of the IT Act, 1961 ?'2. Facts stated in the statement of case drawn by the Tribunal need to be taken note of to answer the question referred.3. The assessee, Smt. Laxmi Devi Ratani and one Shri Murlidhar Totla were the partners of one firm--M/s Indian Pharmaceuticals. The firm had entered into a contract to purchase certain immovable property from Smt. Ratan Bai Tongia for Rs. 1,05,000. An agreement to that ef...
Omprakash Vs. Fida HussaIn and ors.
Court: Madhya Pradesh
Decided on: Feb-21-2005
Reported in: III(2005)ACC265; II(2006)ACC50; 2006ACJ1782
A.K. Awasthy, J.1. The appellant claimant has filed the appeal under Section 173 of Motor Vehicles Act, 1988 against the award dated 13.12.1996 in Claim Case No. 9 of 1996 passed by learned First Additional Motor Accidents Claims Tribunal, Ratlam, wherein the amount of Rs. 29,000 was awarded to the claimant against respondent Nos. 1 and 2 along with interest at the rate of 12 per cent per annum from 22.6.1994.2. The case of the claimant is that on 15.12.1993 at about 6 p.m. near village Jharbardiya when the claimant was going on road, Ambassador car No. CPO 362 driven rashly and negligently by respondent No. 1 collided from the front side and in the accident the claimant has received the fracture in his right leg and also the injuries on his head, face and other parts of the body. That claimant was treated in various hospitals and he has incurred the medical expenses of more than Rs. 50,000. That claimant is a labourer and on account of his permanent disability, he was unable to earn t...
Cit Vs. Smt. Laxmidevi Natani
Court: Madhya Pradesh
Decided on: Feb-21-2005
Reported in: (2006)198CTR(MP)336
ORDERPer Sapre, J. This is an Income-tax Reference made under section 256(1) of the Income Tax Act at the instance of Commissioner of Income-tax (Revenue) by the Tribunal in R.A. Nos. 248, 249 and 250/Ind/92, dated 13-9-1996 which arise out of ITA Nos. 1100, 1040 and 1041/Ind/91'Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding the amount of Rs. 7,34,000 as capital receipt not exigible to capital gains tax as no transfer of any property was involved within the meaning of section 2(47) of the Income Tax Act, 1961?'2. Facts stated in the statement of case drawn by the Tribunal need to be taken note of to answer the question referred.3. The assessee, Smt. Laxmi Devi, Natani and one Shri Murlidhar Totla were the partners of one Firm - M/s Indian Pharmaceuticals. The firm had entered into a contract to purchase certain immovable property from Smt. Ratan Bai Tongia for Rs. 1,05,000. An agreement to that effect was entered into between the partie...
K.P. Choubey Vs. (Smt.) Veena Dave and ors.
Court: Madhya Pradesh
Decided on: Feb-21-2005
Reported in: [2005(106)FLR395]
Dipak Misra, J.1. The petitioner, husband of Late Padma Tiwan knocked at the doors of MP. Administrative Tribunal (in short 'the Tribunal') invoking its contempt jurisdiction under Section 17 of the Administrative Tribunal Act, 1985 (in short 'the Act') on the foundation that the respondents had committed contempt of Court by not complying with1 the order passed by the Tribunal in O.A. No. 3807/1990. The Tribunal allowed the application. The factum of allowing of the application was communicated to the competent authority of the Department of School Education. Despite correspondences going on between the petitioner and the authorities, though certain steps were taken but the order passed by the Tribunal never reached the concretized and fructified stage in entirety as a consequence of which the petitioner was compelled to approach the Tribunal in Contempt Petition M.A. No. 79/92. The said application was withdrawn with liberty to refile the same. A fresh application was filed forming t...
Narendra Kumar Vs. Smt. Manju Agarwal and ors.
Court: Madhya Pradesh
Decided on: Feb-18-2005
Reported in: 2005(2)MPHT276; 2005(3)MPLJ186
ORDERS.S. Jha, J. 1. This petition under Article 227 is filed by the defendant.2. Respondent No. 1 has filed a civil suit for declaration, partition and permanent injunction. After plaint was filed, petitioner was noticed and after service of notice, petitioner has not filed the written statement. Petitioner then filed an application on 20th August, 2004 under Section 151, CPC and prayed that since he is serving at Delhi, therefore, he could not file written statement and counter claim. Counsel for the defendant has received the counter claim by courier, same be taken on record. Trial Court has rejected the prayer and refused to accept the written statement alongwith counter claim. Trial Court has recorded a finding that defendant No. 4 is present through his Counsel from 26-6-2003 but written statement and counter claim was submitted on 20th August, 2004 and written statement was not filed for about one year. Reason for not fling the written statement is that defendant is serving at D...
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