Madhya Pradesh Court March 2005 Judgments
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Staywell Hotels P. Ltd. Vs. Commissioner of Income-tax and anr.
Court: Madhya Pradesh
Decided on: Mar-21-2005
Reported in: [2006]283ITR92(MP)
A.M. Sapre, J.1. This is an appeal filed by the assessee under Section 260A of the Income-tax Act, 1961 against an order, dated February 21, 2003, passed by the Income-tax Appellate Tribunal (hereinafter referred to as the Tribunal) in I. T. A. No. 543/Ind/1997 for the assessment year 1995-96. This appeal was admitted for final hearing on the following substantial question of law:Whether the provisions of Section 44AB of the Act, which requires furnishing of the audit report on the specified date, was mandatory so as to attract penalty under Section 271B of the Act. If so, whether the order passed by the Tribunal is justiciable?2. Heard Shri S.K. Pawnekar, learned Counsel for the appellant and Shri R.L. Jain, learned senior counsel with Ku. v. Mandlik, for the respondents.3. In short, the question that arises for consideration in this appeal is, whether imposition of penalty under Section 271B of the Act for the assessment year involved is justified?4. The assessment year involved is 1...
Rajendra Kumar Vs. Yakub Khan and ors.
Court: Madhya Pradesh
Decided on: Mar-21-2005
Reported in: I(2006)ACC135
S.K. Gangele, J.1. The appellant/claimant has filed the present appeal against the award dated 20.11.2001 passed in Claim Case No. 35/99.2. On 10.1.1999 at around 4 O'clock on Alirajpur-Kukshi road, the appellant was going to his house along with his friend Suresh, at that time an auto-rickshaw bearing Registration No. M.P.I l-D-2118,'being driven rashly and negligently by the driver dashed him. He received serious injuries in the aforesaid accident and admitted in District Hospital, Kukshi, Bawani and thereafter at Indore.3. Subsequently, the appellant filed an application for compensation of Rs. 11 lacs. The Claims Tribunal has held that the accident was caused due to rash and negligent driving of the driver and owner driver and Insurance Company of the vehicle are responsible for payment of compensation and awarded a total compensation of Rs. 52,450; Rs. 27,450 for medical expenses and Rs. 25,000 for injuries suffered by the appellant in the aforesaid accident. The Claims Tribunal f...
Bhagchand Vs. Administrator, Municipal Corporation and ors.
Court: Madhya Pradesh
Decided on: Mar-18-2005
Reported in: AIR2005MP159; 2005(2)MPHT410; 2005(2)MPLJ262
A.K. Shrivastava, J.1. This second appeal has been preferred by plaintiff against the judgment of reversal passed by Appellate Court dismissing his suit.2. A suit for declaration, mandatory injunction and for possession has been filed by the plaintiff who is appellant here in this appeal. According to the plaintiff, he is in possession of a shop situated in a Gumti for several years. Defendant No. 1 gave plot No. 6 to defendant No. 2 on lease so that defendant No. 2 may construct a Gumti and may open the Co-operative Store of Municipal Employees Union. Thereafter defendant No. 2 constructed the Gumti on the said land. Defendant No. 2 did not open the Co-operative Store and the said Gumti remained vacant up to the year 1961. At the relevant point of time, the President of Union (defendant No. 2) was Narain Singh who in December, 1961 inducted plaintiff as sub-tenant at the rate of Rs. 35/- rent per month apart from payment of the tax. The plaintiff thereafter started carrying on busines...
State of Madhya Pradesh Vs. Ramsingh
Court: Madhya Pradesh
Decided on: Mar-18-2005
Reported in: 2005(2)MPHT449; 2005(2)MPLJ292
A.K. Shrivastava, J.1. This second appeal has been preferred by the defendant, against the judgment and decree of reversal passed by the Appellate Court decreeing the suit of the plaintiff.2. In brief the suit of plaintiff is that Village Nipanya Tonk was the Zamindari village of erstwhile Gwalior Estate and plaintiff was the then Zamindar of the said village. On 2-10-1951 the Zamindari system was abolished on account of the enforcement of Madhya Bharat Zamindari Abolition Act Samvat 2008 (Act No. 13 of 1951), hereinafter referred to as 'the Act'. According to plaintiff the suit land was in the self cultivation of plaintiff soon before the date of vesting, i.e., 2-10-1951 as he started cultivation only soon before the date of vesting. Since the land was in the self cultivation of plaintiff before the date of vesting, he became 'Pacca Krishak' by operation of law and his name was also mutated as such in the revenue record. However, in Samvat 2012 plaintiff was shown as trespasser in the...
Pramod Kumar Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-18-2005
Reported in: 2005(3)MPHT160
A.K. Awasthy, J.1. Appellant-accused has preferred the appeal against the judgment and order dated 10th May, 1996 in Sessions Trial No. 517/1990 delivered by learned XIIth Additional Sessions Judge, Indore, of his conviction and sentence under Section 302 of IPC for the imprisonment of life and fine of Rs. 500.00 and in default, RI of three months.2. The admitted facts of the case are that deceased Sanjay was the son and Kanhaiyalal (P.W. 2) is the brother of accused Pramod Kumar. That the accused with his brother Kanhaiyalal (P.W. 2), his wife, deceased and other sons were living together in a house situated at Malharganj, Indore.3. The prosecution case is that on 30-8-1990 at about 10.00 p.m. the accused has asked his son Sanjay to commit the murder of his uncle because he was having the illicit relations with his mother. That when Sanjay refused to commit the murder, the accused provided him two Celphose Tablets. That after taking Celphose Tablets the deceased felt restlessness and ...
Laxman Vs. Bhagwati Prasad and ors.
Court: Madhya Pradesh
Decided on: Mar-18-2005
Reported in: II(2005)ACC533
S.K. Gangele, J.1. This is a claimant's appeal for enhancement of compensation against the award dated 19.11.2001 passed by the First M.A.C.T., Mhow, in Claim Case No. 191/1999.2. On 15.4.1999 the appellant was crossing a road when he was dashed by motor bike bearing No. M.P.O. 9 J.L. 2487, driven rashly and negligently by the driver. He received serious injuries and thereafter he has filed the claim application before the Claims Tribunal claiming total compensation of Rs. 2,00,000/-.3. The learned Claims Tribunal has held that the accident was caused due to rash and negligent driving of the driver of the motor bike and owner, driver and the Insurance Company are responsible for payment of compensation.4. On the basis of evidence of Dr. Gopal Tiwari the Claims Tribunal has held that there was a compound fracture of tibia and fibula of left leg of the appellant which caused him 20% permanent disability and the Tribunal awarded total compensation of Rs. 25,464/- to the appellant, Rs. 15,...
Motilal Bimalchand JaIn (Huf) Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-17-2005
Reported in: [2006]285ITR224(MP)
A.M. Sapre, J.1. The petitioner seeks to challenge the issuance of notice under Section 263 of the Income-tax Act, 1961, dated February 24, 2005 (annexure P11), issued by the Commissioner of Income-tax in respect of the assessment year 2000-01, whereby he has proposed to set aside the assessment order, passed by the Assessing Officer on March 28, 2003 (annexure P6), in exercise of powers conferred under Section 263 of theAct.2. It is the case of the petitioner that the notice impugned is totally without jurisdiction. It is also their case that an objection to that effect has been raised by the petitioner pointing out the grounds on which notice can be held bad in law. Learned counsel for the petitioner has attempted to support his submissions on the basis of the law laid down by the Full Bench of this court, reported in CIT v. R. S. Banwari Lal : [1983]140ITR3(MP) and again in CIT v. K. L. Rajput : [1987]164ITR197(MP) .3. Learned counsel for the petitioner has contended by filing this ...
Sheel Kumar Vs. State
Court: Madhya Pradesh
Decided on: Mar-16-2005
Reported in: 2005(2)MPHT189
ORDERS.K. Pande, J.1. This is an application under Section 389(1), Cr.PC for suspension of order recording conviction of appellant under Section 13(1)(e), 13(2) of the Prevention of Corruption Act, 1988 vide impugned judgment dated 11-8-2004 passed by Special Judge, Damoh in Special Case No. 2/98.2. Vide order dated 20-8-2004, execution of sentence of imprisonment vide impugned judgment was suspended. As has been held in Benzamin Khiro alias Kiro v. State of Orissa and Anr., 1995 Cr.LJ 1682, Ramesh Narang v. Rama Narang and Ors., 1995 Cr.LJ 1685, expression order appealed against under Section 389 does not include conviction. Conviction of appellant can not be suspended under Section 389 or under any other provisions of Code.3. In M. Srinivasulu Reddy v. State Inspector of Police, Anti Corruption Bureau, 1993 Cr.LJ 558, also it has been held that suspension of conviction pending appeal is not contemplated by provisions of Cr.PC or any Rules or Regulations or other enactment. As such, a...
Munna and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-16-2005
Reported in: 2005(3)MPHT36
S.K. Kulshrestha, J.1. The appellants have preferred this appeal against the judgment dated 29-9-1999 of the learned Additional Sessions Judge, Lakhnadon passed in S.T. No. 6/99 by which the appellants have been convicted under Section 302 of the IPC and sentenced to imprisonment for life and fine of Rs. 5000/-. In default of payment of fine, they have been directed to undergo further R.I. for one year.2. The appellants were prosecuted for committing murder of Veer Singh Lodhi on 4-11-98. The case of the prosecution was that on that date Veer Singh had taken his cattle to the field and while Godhan Singh (P.W. 1) was answering the call of nature, he heard the alarm raised by the deceased. He, therefore, rushed to the place of the incident and witnessed that two accused were assaulting him, each with lathi. By the time he reached the spot, Veer Singh had been done to death. Member and Hakku also reached the spot and seeing them approaching, the accused ran away. The report of the incide...
State Bank of Indore Vs. Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Mar-16-2005
Reported in: (2005)197CTR(MP)327
ORDERA.M. Sapre, J.1. This decision rendered in this appeal shall also govern disposal of other appeals being IT Appeal No. 39 of 2002 (State Bank of Indore v. CIT) and IT Appeal No. 40 of 2002 (State Bank of Indore v. CIT), as all these appeals involve identical point and they arise between the same parties, i.e., same assessee except the difference being that of different assessment years.2. This is an appeal filed by the assessee under Section 260A of the IT Act against an order dt. 22nd March, 2002, passed by Tribunal, Indore, in ITA No. 1135/Ind/1996. It was admitted for final hearing on the following substantial question of law :'Whether the Tribunal erred in law in holding that no interest is payable to the appellant-assessee on the excess amount of tax deducted at source ?'3. Heard Shri R.T. Thanewala, learned counsel for the appellant and Shri R.L. Jain, learned senior counsel with Ku. Mandlik for respondent-Revenue.4. The above question involved in these appeals is in regard ...
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