Madhya Pradesh Court August 2006 Judgments
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Deputy Commissioner of Income Tax Vs. Chirag Metal Rolling Mills Ltd.
Court: Madhya Pradesh
Decided on: Aug-31-2006
Reported in: [2008]305ITR29(MP)
ORDERN.K. Mody, J.1. This appeal is being filed by the Revenue under Section 260A of the IT Act against the order dt. 22nd Oct., 1998 passed in ITA No. 484/Ind//1994 whereby the appeal filed by the Revenue against the order passed by CIT in ITA Nos. 484 and 485/Ind/1994 was dismissed, which was admitted for final hearing on 7th Sept., 2000 on the following substantial questions of law :(i) Whether, on the facts and in the circumstances of the case and in law, Tribunal was justified in holding that the onus is on the Revenue to prove mens rea even when the primary onus is upon the assessee to prove that there was no concealment in view of Expln. 1 to Section 271(1) of the IT Act ?(ii) Whether, on the facts and in the circumstances of the case and in law, Tribunal was justified in holding that independent enquiry should have been conducted into the explanation of the assessee by Revenue during the penalty proceedings, in spite of the facts that no details regarding purchase such as the n...
National Insurance Co. Ltd. Vs. Rohti and ors.
Court: Madhya Pradesh
Decided on: Aug-31-2006
Reported in: 2008ACJ74
Dipak Misra, J.1. In this appeal preferred under Section 30 of the Workmen's Compensation Act, 1923 (for brevity 'the Act'), the insurer, National Insurance Co. Ltd., has called in question the defensibility and pregnability of the award dated 24.5.2006 passed by the Commissioner for Workmen's Compensation-cum-Labour Court, Khandwa in Claim Case No. 28 of 2004.2. The facts which are essential to be stated for disposal of this appeal are that on 23.2.2004 one Krishna Kumar aged about a score and one, son of respondent Nos. 1 and 2, working with respondent No. 3 as a second driver in truck No. HR 38-G 7165 on the monthly salary of Rs. 4,000 and daily allowance of Rs. 50 while changing the tyre of the truck which had got punctured near R.T.O. barrier in village Sendhwa another truck bearing registration No. RJ 6-R 3275 stopped at some distance on the bridge and there was a blast. In the said blast the stones got scattered in the air and few stones hit the head of said Krishna Kumar as a c...
Daulatram Chhotwani Vs. Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Aug-30-2006
Reported in: (2007)211CTR(MP)411; [2007]293ITR123(MP)
ORDERN.K. Mody, J.1. This appeal has been filed by the assessee under Section 260A of the IT Act, 1961 (which shall be referred hereinafter as 'Act'), against the order dt. 29th Jan., 1999 in IT Appeal Nos. 115 to 123/Ind/1997, whereby the learned Tribunal dismissed the appeal filed by the assessee against the order dt. 14th Nov., 1996 passed by CIT, Bhopal, whereby revisions filed by the assessee were dismissed. This appeal was admitted by this Court for final hearing on the following substantial questions of law on 11th Feb., 2000:(i) Whether the CIT is entitled to set aside assessment order passed by AO when the case is connected with the provisions of Section 144 of IT Act, 1961, without setting aside the order passed by the Dy. CIT in view of provisions of Section 144A of the Act?'(ii) 'Whether the CIT is empowered to set aside the order of assessment passed by AO without issuing such notice to such assessee to revive the order passed by the Dy. CIT?'(iii) 'Whether in absence of o...
Director General, Employees' State Insurance Corporation and Anr. Vs. ...
Court: Madhya Pradesh
Decided on: Aug-29-2006
Reported in: [2006(111)FLR344]
ORDERN.K. Mody, J.1. Being aggrieved by the order dated 13-12-2004 passed by Central Administrative Tribunal, Jabalpur, Circuit Bench, Indore in O.A. No. 1002/2000 whereby the petition filed by the respondent was allowed and the order dated 17-4-2000 passed by the petitioner was quashed with a further direction to the petitioner to treat the respondent to have continuously worked till the date of actual superannuation and grant him arrears of salary and other emoluments including increments and to get his pensionary benefits re-fixed accordingly, the present petition has been filed.2. Short facts of the case are that the respondent was in service of petitioner and was working as Manager. Respondent vide letter dated 31-12-1999 tendered three month's notice for voluntary retirement with effect from 31-3-2000. The resignation was accepted by the Competent Authority vide order dated 10-2-2000, before 31-3-2000. On 22-3-2000, i.e., 10 days before the last date of expiry of notice period th...
Commissioner of Income Tax Vs. Panama Chemicals Works
Court: Madhya Pradesh
Decided on: Aug-29-2006
Reported in: [2007]292ITR147(MP)
ORDERS.K. Kulshrestha, J.1. The Tribunal, Indore Bench, Indore, has referred a question of law, under Section 256(1), which reads as under:Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the claim of the assessee under Section 80I is justified even if he had not filed the audit report in Form No. 10CCB along with return of income?2. Briefly stated, the assessee had claimed deduction under Section 80I amounting to Rs. 4,03,528. This claim of the assessee was turned down by the AO on the ground that report in Form No. 10CCB was not submitted along with the return. On appeal, the CIT(A) directed the AO to allow deductions under Section 80I following his predecessor's order. The matter was carried to the Tribunal. It was submitted before the Tribunal that no audit report in Form No. 10CCB was filed along with the return. The assessee vide its reply on 28th Feb., 1992, stated that audit report dt. 20th Oct., 1989, signed and veri...
Neha Agrawal Vs. Ashok Kumar Mehta and ors.
Court: Madhya Pradesh
Decided on: Aug-29-2006
Reported in: 2007ACJ2303
N.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded vide award dated 2.12.2003, passed by Twelfth M.A.C.T., Indore in Claim Case No. 35 of 2002, whereby a sum of Rs. 1,90,000, has been awarded along with interest at the rate of 9 per cent per annum, the present appeal has been filed.2. Short facts of the case are that on 20.7.2001 at about 12 noon the appellant who was aged 19 years, was going on her Scooty bearing registration No. MP 09-JM 8051, from Phooti Kothi Road to Chandan Nagar. At that time truck bearing registration No. MP 09-KB 7181, which was being driven by the respondent No. 2 rashly and negligently came from back side and hit Scooty of appellant with the result appellant fell down and sustained grievous injuries. A claim petition was filed in which it was alleged that the accident occurred because of rash and negligent driving of respondent No. 2. It was also alleged that at the relevant time, respondent No. 2 was the owner of the offending truck and ...
Km. Neha Agrawal Vs. Ashok Kumar Mehta and ors.
Court: Madhya Pradesh
Decided on: Aug-29-2006
Reported in: II(2007)ACC431
N.K. Mody, J.1. Being aggrieved by the inadequacy of the amount awarded vide award dated 2nd December, 2003, passed by XIIMACT, Indore in Claim Case No. 35/2002, whereby a sum of Rs. 1,90,000, has been awarded along with interest @ 9% p.a., the present appeal has been filed.2. Short facts of the case are that on 20th July, 2001, at about 12.00 noon appellant who was aged 19 years, was going on her Scooty bearing registration No. MP 09 JM 8051, from Phooti Kothi Road to Chandan Nagar. At that time Truck bearing registration No. MP 09 KB 7181, which was being driven by respondent No. 2 rashly and negligently came from backside and hit the Scooty of the appellant with the result appellant fell down and sustained grievous injuries. A claim petition was filed in which it was alleged that the accident occurred because of rash and negligent driving of respondent No. 2. It was also alleged that at the relevant time, respondent No. 2 was the owner of the offending truck and the same was insured...
State of M.P. Vs. Kalyan Singh
Court: Madhya Pradesh
Decided on: Aug-28-2006
Reported in: 2006(4)MPLJ350
Abhay Gohil, J.1. State has filed this appeal under Section 377 of the Code of Criminal Procedure for enhancement of sentence being aggrieved by the judgment dated 22-6-1990 passed by Ilnd Additional District Judge to the Sessions Judge Vidisha in Sessions Trial No. 73/86, whereby the learned Judge convicted the respondent under Section 376, I.P.C. but sentenced him to undergone jail sentence, which was of five years and two months.2. As per prosecution story on 23rd April, 1985, the compLalnant Moharsingh had gone to the village Kheroda alongwith his daughter (prosecutrix) aged abouf5 years for marriage of Sirnam Singh s/o. Harinarayan. 'Barat' had gone to village Belot Chakk. At Belot Chakk, Sanman Singh (P.W. 4) informed Mohar Singh that prosecutrix is missing and Kalyan Singh is also missing. Thereafter compLalnant, Harinarayan, Khilan Singh and Lalaram went to search the prosecutrix and came back to village Kheronda. When prosecutrix was not traceable, report of missing was lodged...
Dashmesh Enterprises Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Aug-24-2006
Reported in: 2006(4)MPLJ553
Deepak Verma, J.1. This is an appeal under Section 96 of the Code of Civil Procedure, against the judgment and decree passed by 4th Additional District Judge, Bhopal in Civil Suit No. 26-A/99, decided on 20-1-2000. The suit of the pLalntiff filed for declaration, permanent injunction and quashment of notices issued by defendants, has been dismissed.2. Brief facts material for deciding the said appeal, are mentioned hereinbelow:Appellant pLalntiff is a duly registered partnership firm having Jagjit Singh, Dhanraj, Jayant and Smt. Pushpa as its partners. Firm is basically engaged in construction activities and is building flats for being sold to prospective purchasers. In the process it had purchased an open piece of land of Survey No. 5/1 of Village Banjari, Tehsil Huzoor, District Bhopal on 21-11-1995, by deed of registered sale executed by Smt. Sandhya Singh in its favour. It appears that on 10-10-1995, the previous owner Smt. Sandhya Singh had already applied for grant of sanction to...
Krishna Kant Mishra Vs. M.P. Road Transport Corporation and anr.
Court: Madhya Pradesh
Decided on: Aug-23-2006
Reported in: [2007(113)FLR539]
Arun Mishra, J.1. Petitioner by Shri V.S. Trivedi, Advocate. Heard, Issue notice.Shri S. Aditya, Advocate accepts notice for respondents.Heard finally.2. Petitioner has submitted that certain amount of VRS Scheme has been paid but same is deficit.Let claim of petitioner e examined by the respondents and correct calculation be made of the dues and amount be paid within a period of three months as per Scheme with 6% interest from the date the amount became payable under the Scheme.Petition is disposed of....
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