Madhya Pradesh Court July 2006 Judgments
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Malwa Texturising (P) Ltd. Vs. Cit
Court: Madhya Pradesh
Decided on: Jul-20-2006
Reported in: (2006)204CTR(MP)555
ORDERA.K. Patnak C.J.This is an appeal against the order dated 20-11-1995 passed by the Tribunal, Indore Bench, Indore in Appeal No. IT(SS)A 84/Ind/1996 for the block year 1994-95 to 20-11-1995.2. The facts briefly are that the appellant (hereinafter referred to as the assessee) is a private limited company registered under the Companies Act, 1956. On 21-11-1995, the business premises of the assessee were searched and pursuant to a notice, the assessee filed an original return on 2-7-1996 disclosing nil income for the block period assessment year 1994-95 to 20-11-1995. Thereafter, he filed a revised return showing the income at Rs. 30,50,000 on 26-11-1996. The Assistant Commissioner, Circle-1, Indore assessed the income at Rs. 30,50,000 on 29-11-1996 under section 158BC of the Income Tax Act, 1961 (for short the Act). Aggrieved, the assessee preferred an appeal on 30-12-1996 before the Income Tax Appellate Tribunal, Indore Bench, Indore (for short the Tribunal) under section 253 of the...
Commissioner of Income Tax Vs. Malwa Texturising (P) Ltd.
Court: Madhya Pradesh
Decided on: Jul-20-2006
Reported in: (2006)204CTR(MP)549; [2007]292ITR488(MP)
ORDERA.K. Patnaik, C.J.1. This is an appeal against the order dt. 16th Jan., 2004 passed by the Tribunal, Indore Bench, Indore in MA No. 8/Ind/2003.2. The facts briefly are that the respondent (hereinafter referred to as the assessee) is a private limited company registered under the Companies Act, 1956. On 21st Nov., 1995, the business premises of the assessee were searched and pursuant to a notice, the assessee filed an original return on 2nd July, 1996 for the block period asst. yr. 1994-95 to 20th Nov., 1995 disclosing nil income. Thereafter, he filed a revised return showing the income at Rs. 30,50,000 on 26th Nov., 1996. The Asstt. CIT, Circle-I, Indore assessed the income at Rs. 30,50,000 on 29th Nov., 1996 under Section 158BC of the IT Act, 1961 (for short the Act). Aggrieved, the assessee preferred an appeal on 30th Dec., 1996 before the Income-tax Appellate Tribunal, Indore Bench, Indore (for short the Tribunal) under Section 253 of the Act.3. When the appeal was pending befo...
Mahesh Joshi Vs. Sanat Kumar Jain
Court: Madhya Pradesh
Decided on: Jul-20-2006
Reported in: 2006(4)MPLJ264
ORDERS.C. Vyas, J.1. The order passed by Additional Sessions Judge, Bhanpura, Mandsaur in Cr.R. No. 96/2006 on dated 11-5-2006 whereby order dated 8-4-2006 passed by Judicial Magistrate First Class, Bhanpura in Criminal Complaint No. 13/2005 was confirmed, is under challenged in this petition presented by the petitioner under Section 482 of Criminal Procedure Code, requesting to invoke the extraordinary jurisdiction of this Court and to quash both these orders.2. The present petitioner is facing prosecution under Section 138 of Negotiable Instruments Act before learned JMFC, Bhanpura, on the allegation that two cheques of Rs. 50,000/- and Rs. 75,000/- respectively issued by the present petitioner herein were dishonoured by the Bank due to insufficiency of funds and the amount was not paid by him despite demand. During Trial Prosecution witnesses were examined thereafter, petitioner herein entered in his defence and when the matter was at the stage of advancing final arguments then an a...
Premsingh and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-19-2006
Reported in: 2006(4)MPLJ526
S.L. Kochar, J.1. By this appeal, the appellants have challenged their conviction under Sections 460 and 302 read with Section 34 of the Indian Penal Code and consequent sentence of R.I. for five years and imprisonment for life respectively passed by the learned Sessions Judge, Ujjain in S.T. No. 332/95 on 25-9-96.2. The facts of the prosecution case in brief as unfolded before the Trial Court were that on 27-5-95, the deceased Kusumbai had lodged a report at Police Station, Bhat Pachlana against the appellants for abusing and beating her on account of land dispute (Ex. P-22/A). On 31-5-95, she again lodged a report with regard to demanding of copy of the report by the accused/appellants and assaulting her by knife and lathi (Ex. P-23/A). The accused were pressurizing the deceased for compromise and on 17-5-95 when she refused to enter into compromise, the accused abused her. In the intervening night of 17th and 18th July, 1995, at 12 o'clock the deceased Kusumbai was sleeping in the v...
Western Coalfields Ltd. and ors. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jul-18-2006
Reported in: (2009)19VST459(MP)
ORDERArun Mishra, J.1. In these six writ petitions common question is involved whether the petitioners who is Govt. Company is liable to make the payment of stamp duty on a notification issued Under Section 11 by the Central Government under the provision of Section 11 of the Coal Bearing Area (Acquisition and Development) Act, 1957 vesting land in the company.2. The facts lie in narrow compass. Coal Bearing Area (Acquisition and Development) Act, 1957 enacted to safeguard the economic interest of India, greater public control over the coal mining industry and its development by providing for the acquisition by the State of unworked land containing or likely to contain coal deposits or of rights in or over such land, for the extinguishment or modification of such rights accruing by virtue of any agreement, lease, licence or otherwise, and for matters connected therewith. Vires of the aforesaid Act was upheld by the Apex Court in State of West Bengal v. Union of India : [1964]1SCR371 .3...
Biaora Constructions (P) Ltd. Vs. Cit, Indore
Court: Madhya Pradesh
Decided on: Jul-17-2006
Reported in: (2006)205CTR(MP)396
ORDERA.K. Patnaik, CJ.This is an appeal under section 260A of Income Tax Act, 1961 (in short the Act).2. The appellant carries on the business construction of roads and bridges. For the assessment year 1995-96, the assessing officer found that the appellant filed its return of income on 19-2-1996 and the Profit and Loss account of the appellant disclosed that its contract receipts exceeded Rs.40 lakhs, during the previous year, relevant to the assessment year 1995-96, but the appellant had failed to furnish by 30-11-1995, a report of audit of the accounts, as required under section 44AB of the Act and accordingly the assessing officer served show-cause notices dated 30-91996 and 28-2-1997, on the appellant to show-cause as to why penalty under section 271B would not be imposed. In its reply dated 10-3-1997 the appellant contended that it had got its accounts audited by 29-11-1995 and, the same were sent by registered post on 30-11-1995 and as an evidence attached a copy of receipt issu...
Biaora Constructions (P) Ltd. Vs. Commissioner of Income Tax and anr.
Court: Madhya Pradesh
Decided on: Jul-17-2006
Reported in: (2006)205CTR(MP)396(1); [2006]287ITR112(MP)
ORDERA.K. Patnaik, C.J. 1. This is an appeal under Section 260A of IT Act, 1961 (in short the Act).2. The appellant carries on the business of construction of roads and bridges. For the asst. yr. 1995-96, the AO found that the appellant filed its return of income on 19th Feb., 1996 and the P&L; a/c of the appellant disclosed that its contract receipts exceeded Rs. 40 lacs, during the previous year, relevant to the asst. yr. 1995-96, but the appellant had failed to furnish by 30th of November, 1995, a report of audit of the accounts, as required under Section 44AB of the Act and accordingly the AO served show-cause notices dt. 30th Sept., 1996 and 28th Feb., 1997, on the appellant to show cause as to why penalty under Section 271B would not be imposed. In its reply dt. 10th March, 1997 the appellant contended that it had got its accounts audited by 29th of November, 1995 and the same were sent by registered post on 30th of November, 1995 and as an evidence attached a copy of receipt iss...
Anuradha Kaushik and ors. Vs. Varun Ground Water Development Corporati ...
Court: Madhya Pradesh
Decided on: Jul-13-2006
Reported in: I(2007)ACC305; 2007ACJ2877
Abhay Gohil, J.1. This judgment shall govern the disposal of both the appeals; Misc. Appeal No. 599 of 2003 and Misc. Appeal No. 609 of 2003. Claimants have filed Misc. Appeal No. 599 of 2003 for enhancement of compensation under Section 173 of the Motor Vehicles Act, 1988. Insurance company has also filed Misc. Appeal No. 609 of 2003 disputing its liability and the legal representatives of the owner of respondent Varun Ground Water Development Corporation and the driver have also filed cross-objections disputing their liability.2. Brief facts of the case are that the deceased Bharat Bhushan Kaushik was an advocate practising at Gwalior. The claimants of Misc. Appeal No. 599 of 2003 are the widow, daughters and son of deceased Bharat Bhushan Kaushik. On 7.12.1998 in the night at about 9 o'clock deceased was going towards Morena from Gwalior in his Maruti van bearing No. MP 07-437 near Jaderua village, which is 8 km. away from Noorabad; one tanker No. MKH 9255 was parked in the mid of t...
Hari Shanker Vs. Kali Bai and ors.
Court: Madhya Pradesh
Decided on: Jul-13-2006
Reported in: 2007(1)MPLJ276
A.K. Shrivastava, J.1. This second appeal has been preferred at the instance of defendant who has lost from both the Courts below.2. The plaintiff Kali Bai filed suit for declaration that she is having half share in the suit property and is Bhumiswami to that extent, with a further prayer that defendants be restrained from interfering in her possession on the suit land. The plaintiff further prayed the sale deed dated 27-8-1984 to the extent of half share of the plaintiff be declared as void ab initio and by the said sale deed her rights are not affected.3. According to plaintiff, one Natthu was the owner of agricultural suit land which was his ancestral property. After the death of Natthu, his widow Chhabi Rani (defendant No. 1) sold the property to the appellant Hari Shanker. Though after the death of Natthu plaintiff is having right, title and interest in the property as she being her daughter.4. The defendant refuted the plaint averments by filing written statement. It has been ple...
Mithlesh and ors. Vs. Brijendra Singh Baghel and ors.
Court: Madhya Pradesh
Decided on: Jul-12-2006
Reported in: 2007(1)MPLJ315
Abhay Gohil, J.1. The claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988, against the award passed on 12.4.2002 by Fifth Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 86 of 2001 for enhancement of compensation as well as for setting aside the finding of exonerating the insurance company from its liability as the deceased was travelling on mudguard of tractor.2. The brief facts of the case are that the deceased Parmal Singh was a young man aged about 25 years. He was a skilled mason. On 9.7.2001 the deceased has gone on tractor No. MP 07-H 9845 for taking sand from Govinda Ghat, Pichhor, on tractor-trolley. While tractor was returning after taking sand between the intervening night of 9/10.7.2001, tractor met with an accident. Tractor was being driven by respondent No. 1, who was driving it rashly and negligently. On the culvert near Chuk-ghai Ki Nariya the said tractor-trolley turned turtle. Parmal Singh came under the vehicle and...
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