Madhya Pradesh Court September 2005 Judgments
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Surendra Kumar and ors. Vs. Pappu Alias Jitendra and ors.
Court: Madhya Pradesh
Decided on: Sep-05-2005
Reported in: AIR2006MP83
N.K. Mody, J.1. Being aggrieved by the order dated 14-1-2005 passed by Additional District Judge, Shujalpur in MJC No. 26/ 2004, whereby the application filed by the appellant under Order 9, Rule 4, C.P.C. for setting aside the order dated 5-11-2004 and for restoration of Civil Suit No. 12-A/01 has been dismissed, the present appeal has been filed.2. Short facts of the case are that appellant filed a suit for declaration and permanent injunction against the respondent in the Court of Additional District Judge, Shujalpur. This suit was registered as 152-A/01 and was fixed for 12-3-2003 on the application filed by the appellants under Order 6, Rule 16, C.P.C. On this date at the time when case was called, neither appellants were present nor counsel was present. Hence learned Court below dismissed the suit in default. Immediately, thereafter an application under Order 9, Rule 4, C.P.C. was filed by the appellants wherein it was prayed that order be set-aside on the ground that Appellant N...
Assistant Commissioner of Wealth Tax Vs. Smt. Mrinalini Devi Puar
Court: Madhya Pradesh
Decided on: Sep-05-2005
Reported in: (2006)202CTR(MP)69; [2006]286ITR607(MP)
ORDER1. The Tribunal, Indore, has referred the following question under Section 27(1) of the WT Act, 1957 for the opinion of this Court :Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the sum of Rs. 4,71,589, which represents the loan advanced by the executor of the estate to the estate of the deceased before distribution of the assets is an admissible deduction, although the executor of the estate happens to be the sole legal heir of the deceased?2. The Department sought reference of the said question in the following circumstances.3. The assessee was assessed to the wealth-tax, it is not disputed, in her individual capacity as also as an executor of the estate of her husband, late Shri Anandrao Paur. The relevant valuation date for the assessment year under the consideration was 31st March, 1982. During the assessment proceedings, the assessee claimed that for the payment of estate duty, the executor of the estate of the de...
Smt. Shakuntala Vs. Dr. Pankaj Chourasiya
Court: Madhya Pradesh
Decided on: Sep-02-2005
Reported in: II(2006)DMC589; 2006(1)MPHT314
ORDERN.K. Mody, J.1. The present appeal has been filed by the petitioner under Section 24 of the CPC herein it is prayed that Case No. 613/2004 pending in the Family Court of Indore be transferred to the Family Court, Panna.2. Facts of the case are that petitioner is the ife of respondent. The marriage as solemnised at Indore on 7-12-2001 and petitioner has given birth to a baby child on 1-10-2002. At present, the petitioner is serving at Village Ganj Saleha, District Panna as contract teacher. Respondent has filed a suit for divorce under Section 13 of the Hindu Marriage Act, 1955 hich is pending in the Family Court at Indore and numbered as 613/2004.3. The application filed by the petitioner is opposed by the respondent stating that on the instance of the petitioner, criminal case has been lodged at Bhopal in hich it is alleged that respondent is demanding a sum of Rs. 5 lacs and the present application is filed ith an oblique motive to harass the respondent.4. Learned Counsel for th...
Dev Kanya and ors. Vs. Jaggu and ors.
Court: Madhya Pradesh
Decided on: Sep-02-2005
Reported in: II(2006)ACC192
ORDERA.M. Sapre, j.1. This is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award, dated 29.8.2002, passed by learned Additional Member, Motor Accident Claims Tribunal, Ujjain in Claim Case No. 24 of 2001.2. The only question that arises for consideration in this appeal is, whether any case for enhancement in compensation awarded by the Tribunal is made out or not?3. In view of short controversy it may not be necessary to narrate the entire facts in detail. Indeed, all the materials issues such as the manner in which the accident occurred, how it occurred? are decided in favour of claimants and hence, they need not be taken note of except to the extent necessary.4. It is death case. One Bane Singh, aged 30 years died in vehicle accident on 19.12.2000 while travelling in tractor/trolley. He was claimed to be a Mistry (masson) and was engaged in civil work on daily wages. The legal representatives of Bane Singh (appellants herein) filed a claim p...
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