Madhya Pradesh Court September 2005 Judgments
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Bhavna Sharma Vs. Amanullah and ors.
Court: Madhya Pradesh
Decided on: Sep-09-2005
Reported in: II(2006)ACC505
ORDERN.K. Mody, J.1. Being aggrieved by inadequacy of the amount awarded vide award dated 20.12.2000 passed by IInd MACT, Neemuch in Claim Case No. 52/1999, whereby the claim petition filed by the appellant has been dismissed the present appeal has been filed.2. Learned Counsel for the appellant submits that appellant was seven years old at the time of accident. It is further submitted that appellant sustained fracture in left leg and on collar bone. It is submitted that no amount has been awarded towards compensation on the ground that it is not proved that accident has taken place by the offending vehicle. Learned Counsel for the appellant submits that in the claim petition, appellant has alleged that accident has taken place by vehicle No. RJ-09C-2872, while in the FIR, it was mentioned as RJ-09-2872. Since, the word 'C was not mentioned in the FIR, therefore, learned Tribunal has found that it is not proved that accident has taken place with the offending vehicle. Learned Counsel f...
Radheshyam Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Sep-08-2005
Reported in: 2006(2)MPHT84
S.L. Kochar, J.1. The appellant has preferred the aforesaid Criminal Appeal before this Court, dissatisfied with the judgment dated 22nd March, 1996 rendered in Sessions Trial No. 150/93 by Additional Sessions Judge, Kannod, District Dewas, thereby convicting the appellant for the offence punishable under Sections 302 and 201, IPC and sentencing him to suffer RI for life imprisonment and RI for 5 years respectively.2. In short, the prosecution case giving rise to this appeal, is that P.W. 1 Motilal, on 14th June, 1993, lodged missing report of his younger brother named Narmada Prasad aged 35 years in Police Station, Kannod. This report was recorded in Rojnamcha Sanha No. 650, dated 14-6-1993 at 12 noon. As per this report, before 16-17 days, brother of Motilal had left his house for going to Banapur and Bersia Bhopal. He did not return back to his house, therefore, complainant Motilal searched him in Village Banapur and Bersia Bhopal but failed to trace him out. He lodged report of Gum...
Commissioner of Wealth-tax Vs. Kalani Industries P. Ltd.
Court: Madhya Pradesh
Decided on: Sep-08-2005
Reported in: [2006]286ITR425(MP)
S.K. Kulshreshtha, J.1. The Commissioner of Wealth-tax, Indore has filed this appeal under Section 27A of the Wealth-tax Act, 1957, which has been admitted on the following substantial question of law:Whether on the facts and in the circumstances of the case and in law the Income-tax Appellate Tribunal was justified in holding that deduction of the liability to the tune of Rs. 12 lakhs being security deposit against the property let out was allowable even after giving a specific finding that the assessee did not owe any loan or debt in relation to the property let out and in the face, the specific provisions of Section 40(2) of the Finance Act, 1983 whereby only those debts can be allowed which are secured on or which have been incurred in relation to assets upon which the wealth-tax is chargeable as per Sub-section (3) of the said Section 40 of the Finance Act, 1983 ?2. The assessment pertains to the year 1989-90. The assessee is a private limited company. It filed its return of wealt...
Narendra Singh and anr. Vs. Govind and anr.
Court: Madhya Pradesh
Decided on: Sep-08-2005
Reported in: 2006ACJ2656
Arun Mishra, J.1. These appeals have been preferred by the claimant, driver and the owner aggrieved by an award dated 13.12.2001 passed by the First Additional Motor Accidents Claims Tribunal, Khandwa in Claim Case No. 69 of 2000. The claimant has prayed for enhancement of compensation whereas driver and owner have preferred their appeals as insurer has been exonerated.2. Claimant Narendra Singh averred in claim petition that on 10.1.2000 at about 11.15 a.m., when he was standing in front of his house, the tractor-trolley bearing registration No. MP 10-A 3753 owned by Inder, driven by Govind alias Nanhu came to the village Khajuri and asked for the way of agricultural field of Pyara Singh. At the request of Govind alias Nanhu, respondent No. 1, the driver of the said tractor, claimant Narendra Singh boarded the tractor-trolley loaded with the bricks which was to be unloaded in the field of Pyara Singh. On the way to the agricultural land, Govind alias Nanhu drove the tractor in a rash ...
Praveen Kumar Shrivastava Vs. Bhaiya Khan and ors.
Court: Madhya Pradesh
Decided on: Sep-07-2005
Reported in: 2006ACJ772
Shantanu Kemkar, J.1. This appeal is directed against the award dated 24.11.1992 passed by Additional Motor Accidents Claims Tribunal, Sihora in Claim Case No. 12 of 1989. As per the averments of the appellant-claimant made in the claim petition, appellant was going from Jabalpur to Katni on Suzuki motor cycle. The said motor cycle was being driven by Bhaiya Khan, respondent No. 1 and the appellant was a pillion rider. Near Gosalpur Police Chowki, respondent No. 2 who was driving tractor MIJ 8329 rashly and negligently dashed the said motor cycle. The appellant contends that as a result of this he sustained grievous injuries resulting in amputation of his right leg. Accordingly, the appellant filed a claim petition seeking compensation of Rs. 2,25,000.2. The driver, owner and insurer of the said tractor resisted the claim petition and contended that the accident occurred by rash and negligent driving of motor cycle by the respondent No. 1. The Claims Tribunal framed issues and after re...
First Leasing Company of India Ltd. Vs. Additional Commissioner of Com ...
Court: Madhya Pradesh
Decided on: Sep-07-2005
Reported in: (2007)8VST534(MP)
ORDERA.M. Sapre, J.1. By filing this writ under article 226/227 of the Constitution of India, the petitioner seeks to challenge the revisionary order, dated March 10, 1998 (annexure P7), passed by the Additional Commissioner, Commercial Tax, Indore, in Revision No. 197/Indore/9/Prantiya which in turn arises out of an order, dated September 23, 1997 (annexure P6), passed by the Appellate Deputy Commissioner in Appeal Case No. 73 of 1997 in relation to the period from April 1, 1989 to December 11, 1994.2. Heard Shri Manish Nair, learned Counsel for the petitioner and Shri A.S. Kutumble, learned Additional Advocate-General with Shri M. Parwal, learned penal lawyer, for the respondents.3. Having heard learned Counsel for the parties at length and having perused the record of the case, I am inclined to allow the writ and while quashing the impugned order (annexure P7), dated March 10,1998 remand the case to revisionary authority.4. Since, I have come to a conclusion to remand the case to th...
Devendra Vs. New India Assurance Co. Ltd. and ors.
Court: Madhya Pradesh
Decided on: Sep-07-2005
Reported in: III(2006)ACC87
ORDERN.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded vide award dated 31.12.2002 passed by MACT, District Khargone in claim case No. 43/2002 whereby a sum of Rs. 61,000 has been awarded along with interest @ 9% per annum, the present appeal has been filed.2. Learned Counsel for the appellant submits that on account of the accident the appellant has sustained fracture of tibia and fibula bone in right leg and there was a dislocation of hip joint. It is submitted that the appellant was hospitalized in Primary Health Centre, Kasrawad, District Khargone from where he was referred to Gokuldas Hospital, Indore. It is submitted that from 26.4.2000 to 30.4.2000 the appellant remained hospitalized. Thereafter again from 27.5.2000 to 29.5.2000 appellant was hospitalized in the same hospital. Thereafter, appellant went to Sancheti Hospital, Pune where he was hospitalized from 11.12.2000 to 29.12.2000 where he was operated thrice, rod was inserted and nailing and screwing w...
Bank of India Vs. S.K. Mukherjee and anr.
Court: Madhya Pradesh
Decided on: Sep-06-2005
Reported in: AIR2006MP58
ORDERU.C. Maheshwari, J.1. Unsuccessful plaintiff against the dismissal of its suit being dissatisfied with the judgment and decree dated 30-6-1992 passed by the 10th Additional District Judge, Jabalpur in Civil Suit No. 64-B of 1990 (8-B of 1987) has preferred this appeal for decreeing its suit by setting aside the impugned decree and judgment.2. Facts giving rise to this appeal are that the appellant plaintiff being a nationalized bank having a branch at Civil Lines, Jabalpur, respondent No. 1 Government Contractor had a current account in the aforesaid branch of the appellant. He requested appellant to provide overdraft facility. The same was considered and sanctioned up to the limit of Rs. 10,000/- on prevailing terms and conditions in respect of such facility. In continuance of this transaction the respondent had executed a demand promissory note for the some of Rs. 10,000/- with a promise to pay on demand along with interest @ 17%p.a. at quarterly rests. In this regard an agreeme...
Oriental Insurance Co. Ltd. Vs. Geeta Sharma and ors.
Court: Madhya Pradesh
Decided on: Sep-06-2005
Reported in: 2006ACJ1595
S. Samvatsar, J.1. This appeal is filed by insurance company challenging award dated 9.5.2000 passed by Ninth Additional Member Judge, Motor Accidents Claims Tribunal, Gwalior, in Claim Case No. 144 of 1997, whereby the Claims Tribunal has awarded an amount of Rs. 2,49,500 plus 12 per cent interest thereon for the death of Mahendra Sharma.2. The claimant No. 1 is the widow of the deceased Mahendra Sharma, while the claimant Nos. 2, 3 and 4 are minor daughters. The claim petition was filed alleging that on 28.8.1997 Mahendra Sharma was driving a truck No. MP 08-9787. The truck was loaded with bricks. He was going in the truck towards Shivpuri. Truck bearing No. HRO 38-1748 which was owned and driven by respondent Sukkha came rashly and negligently and dashed against the truck driven by Mahendra Sharma from the front side. A report of this accident was lodged and subsequently application for compensation was filed before the Claims Tribunal.3. The Claims Tribunal found that the accident ...
Sudarshan Cold Storage (P) Ltd. Vs. Joint Commissioner of Income Tax, ...
Court: Madhya Pradesh
Decided on: Sep-06-2005
Reported in: [2008]296ITR188(MP); [2006]153TAXMAN516(MP)
ORDER1. This is an appeal filed by the assessee under section 260A of the Income Tax Act against the order, dated 24-10-2004, passed by learned Members of ITAT in ITA No. 437/lnd./2003 for the assessment year 1998-99. The question that arises for consideration in this appeal is, whether appeal involves any substantial question of law within the meaning of section 260A of the Act2. Heard Shri G.M. Chafekar, learned senior counsel with Shri P. Prasad, learned counsel for the appellant.3. Having heard learned counsel for the appellant and having perused record of the case, we are of the opinion that appeal does not involve any substantial question of law. In other words, what is involved in the appeal is pure question of fact and hence, the appeal is liable to be dismissed in limine.4. The dispute in this case relates to imposition of penalty leviable under section 271D of the Act. The assessing officer had imposed a penalty of Rs. 3,19,420. However, it was reduced to Rs. 2,89,420 by Comm...
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