Madhya Pradesh Court April 2007 Judgments
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Commissioner of Income Tax Vs. Morena Re-rolling Industries Dev. Co. ( ...
Court: Madhya Pradesh
Decided on: Apr-05-2007
Reported in: (2007)211CTR(MP)407; [2008]301ITR112(MP); 2007(3)MPHT133
ORDERA.K. Gohil, J.1. This reference has been made by the Income Tax Appellate Tribunal, Delhi Bench to answer the following question:Whether on the facts and in the circumstances of the case, the Hon'ble Tribunal is justified in law in holding that penalty under Section 271(1)(c) is not leviable in the case where no positive income has been assessed ?2. Brief facts of the case are that the respondent-Company is a Private Limited Company. For the assessment year 1982-83, it filed return declaring net loss of Rs. 3,95,000. The Assessing Officer completed the assessment at net loss of Rs. 3,77,231. For Assessment Year 1983-84, it filed return declaring net loss of Rs. 11,65,020/-. The A.O. completed the assessment at net loss of Rs. 1,00,882/-. Quantum appeal filed by assessee for Assessment Year 1983-84 was dismissed by the CIT (A). Against the order of CIT (A), the assessee filed appeal before ITAT, however, at the time of hearing the learned Counsel for the appellant did not press the...
Parwata and anr. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-05-2007
Reported in: 2007(3)MPHT212
R.C. Mishra, J.1. This appeal has been preferred against the judgment dated 12th January, 1993 passed by First Additional Sessions Judge, Chhatarpur, in S.T. No. 36/1992, whereby each one of the appellants has been convicted under Section 302 of the IPC and sentenced to undergo life imprisonment.2. In all, six persons namely Parwata, Kallu, Kamta, Halke, Rajva @ Rajaram and Bhau (hereinafter referred to as 'Al to A6') were tried on the charge of murder of one Bitwa. Four of them, viz., A2, A4, A5 and A6 were acquitted and no appeal against their acquittal has been preferred by the State.3. The prosecution case may briefly be stated as under:(i) The relations between Bitwa (since deceased) and A6 were strained in view of the dispute relating to the agricultural land that was pending for decision in the Court of SDO, Laundi. On 21-10-1991, after attending hearing of the case, Bitwa was returning on his bicycle to his native place - Bisna Khera. When he reached the spot situated between B...
Vishnu Prasad Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-05-2007
Reported in: 2007(3)MPHT154
Sushma Shrivastava, J.1. Appellant has challenged his conviction and sentence passed by Sessions Judge, Sagar, in S.T. No. 189/1992, decided on 2-6-1994.2. Appellant has been convicted under Section 302 of IPC for committing murder of his wife Asha Bai and sentenced to imprisonment for life by the impugned judgment.3. According to prosecution, deceased Asha Bai (hereinafter to be referred as the 'deceased') was married to the appellant about seven years prior to the incident and had two children from the appellant. Appellant did not do any work and used to quarrel with his wife after consuming liquor. Deceased Asha Bai used to make 'bidi' and cook food at others' place to earn livelihood. On 15-3-1992 at about 10 O'clock in the night appellant after consuming liquor picked up quarrel with her and closed her in a room on account of her working at others' place. When deceased resisted, appellant abused her and beat her and poured kerosene oil over her body and burnt her. Asha was rushed ...
Umesh Kumar Modi Vs. Talera Traders and anr.
Court: Madhya Pradesh
Decided on: Apr-05-2007
Reported in: III(2007)BC396
ORDERS.C. Vyas, J.1. This is a petition filed under Section 482 of Criminal Procedure Code by b petitioner wherein the impugned order dated 29.6.2002 of taking cognizance of the offence under Section 138 of Negotiable Instruments Act (hereinafter shall be referred as 'Act' for brevity) passed by Judicial Magistrate, First Class, Ujjain against the present petitioner in criminal (private complaint) case No. 102 of 05 is under challenge and seeking quashment of the same.2. Short facts of the case are that complainant respondent No. 1 filed a complaint against as many as 17 persons under Section 138 of the Act. The learned Trial Magistrate vide order 29.6.2002 took cognizance of the offence under Section 138 of the Act against all the persons arrayed as accused in the complaint. It has been stated in the complaint that all the accused persons including the present petitioner are the company and its Managing Directors and authorized signatory and Manager, Purchase of Modi Industries Ltd. a...
Santosh Kumar and anr. Vs. Jagdish Prasad and ors.
Court: Madhya Pradesh
Decided on: Apr-05-2007
Reported in: 2008ACJ1070
Abhay Gohil, J.1. Claimants have filed this appeal under Section 173 of Motor Vehicles Act, being aggrieved by the award dated 13.1.2001 passed by First Motor Accidents Claims Tribunal, Vidisha in Claim Case No. 9 of 1998, whereby the Tribunal has awarded only compensation of Rs. 50,000 for the death of a boy of 8 years old and has also exonerated insurance company from its liability on the ground that the driver of the tractor was not having valid driving licence and was driving the tractor without licence and directed to refund the amount awarded under no fault liability under Section 140 of the Motor Vehicles Act.2. Brief facts of the case are that on 12.5.1998 at about 7 p.m. in the evening the deceased Krishna Kumar, aged about 8 years, was going to the market from his house near Police Chowki at Mohangiri, a tractor-trolley No. MP 04-L 2795, which was being driven by respondent No. 2 and owned by respondent Nos. 1 and 3, dashed the boy Krishna Kumar. As a result of this accident ...
Pooran Lal and anr. Vs. Amratlal and ors.
Court: Madhya Pradesh
Decided on: Apr-04-2007
Reported in: 2008ACJ2795
K.S. Chauhan, J.1. This appeal has been preferred being aggrieved by the award dated 31.1.2005 passed by Second Additional Motor Accidents Claims Tribunal, Katni in Claim Case No. 159 of 2004, whereby the claim petition of appellants has been allowed in part and the respondents are directed to pay the compensation of Rs. 52,000 with interest at the rate of 9 per cent per annum on account of death of their son Gudda alias Premchand caused in a motor accident.2. The facts of the case in short are that on 20.5.2003 Ahilyabai was coming with her son Gudda alias Premchand in tractor No. MP 21-9416, trolley No. MP 21-9416, the tractor was being driven rashly and negligently by Amratlal, respondent No. 1, on account of which the tractor turned turtle resulting into death of Gudda alias Premchand on the spot.3. The report was lodged at police station against respondent No. 1 wherein the crime was registered. This vehicle was owned by the respondent No. 2 and insured with the respondent No. 3. ...
R.M. Mishra and ors. Vs. M.P.R.T.C. and anr.
Court: Madhya Pradesh
Decided on: Apr-04-2007
Reported in: [2007(115)FLR1014]
Shantanu Kemkar, J.1. Shri V.S. Trivedi, learned Counsel for the petitioners.Shri Samdarshi Tiwari, learned Government Advocate for the Respondents.2. Heard.Petitioners were working with the respondents/M.P.R.T.C. Pursuant to the voluntary retirement scheme they, opted for voluntary retirement which was accepted.3. According to the petitioners No. 1 to 6 though they have been paid the retiral benefits, but they have not been paid interest on delayed payment of salary. According to the petitioners No. 7 to 10 they have not been paid interest on E.D.F.4. Without commenting upon the merits and the entitlement of the petitioners claim, I am inclined to dispose of this petition directing the respondents to examine the claim of the petitioners No. 1 to 6 for interest on delayed payment of salary and petitioners No. 7 to 10 on interest on E.D.F. In case it is found that there is delay in payment of salary, the interest shall be payable 5% per annum and for the E.D.F., amount, the petitioners ...
Smt. Sushila and anr. Vs. Rajbeer Singh and anr.
Court: Madhya Pradesh
Decided on: Apr-03-2007
Reported in: 2008ACJ1262; 2007(3)MPLJ361
ORDERA.K. Gohil, J.1. Petitioners have filed this review petition under Order 47 Rule 1, CPC against the order dated 21-9-1999 passed by the Division Bench of this High Court in M.A. No. 169/1996 [2000(1) M.P.H.T. 331 (DB)] by which the Division Bench dismissed the appeal on the ground that after the death of respondent No. 2, who was the owner of the vehicle, his L.Rs. were not brought on record and application for dispensing with service was filed and the name of the respondent No. 2 owner of the vehicle, was deleted at the risk of the appellant. Subsequently, the Tribunal dismissed the appeal under the provisions of Chapter XI of the Motor Vehicles Act, 1988, which clearly indicate that a liability stand cast upon the Insurer to indemnify against the third party risk on the establishment of the fact that insured was liable to pay the damages to a third party. The provisions of Act do not require that the insurer must indemnify the third party independently of the liability of the in...
The National Insurance Co. Ltd. Vs. Hukumchand and Two ors.
Court: Madhya Pradesh
Decided on: Apr-03-2007
Reported in: II(2007)ACC863; 2008ACJ1318; AIR2007MP179
ORDERS.K. Kulshrestha, J.1. This appeal has been filed by Insurance Company, under Section 173 of the Motor Vehicles Act, against the award dated 2-12-2004, passed in Claim Case No. 42/2004 by the 4th Additional Motor Accident Claims Tribunal (Fast Track), Khargone, by which the claimant has been awarded a total sum of Rs. 11,65,300/- for the injuries sustained by him in a motor accident.2. On 9-4-2003, the respondent-Hukumchand was proceeding on his motorcycle. As he reached Kasravad Road, near RTO Office, respondent No. 2 approached at an alarming speed driving a tractor which collided with the motorcycle of the applicant. The applicant Hukumchand sustained grievous injuries and was in coma for a period of one month. Even on the date of the filing of the application for claim, the respondent - claimant was confined to bed and was unable to attend to his daily routine. It was in this context that a sum of Rs. 21,85,000/- was claimed. The Tribunal, however, awarded a sum of Rs. 11,65,3...
Madhuri Aswani Vs. Arjundas Aswani
Court: Madhya Pradesh
Decided on: Apr-03-2007
Reported in: 2007(3)MPLJ550
ORDERArun Mishra, J.1. This appeal has been preferred under Section 19 of the Family Courts Act, 1984 calling in question the judgment and decree dated 5-11-2003 passed in Civil Suit No. 34-A/2002 passing decree of divorce on the ground of cruelty.2. It is not in dispute that the marriage of Arjundas with Madhuri was performed some time in the year 1994. Husband filed an application under Section 13 of the Hindu Marriage Act seeking divorce on the ground that Madhuri was mentally retarded, still her marriage was performed. She was treated by Doctor Pradeep Kumar, but, her condition ultimately did not improve. She used to go back to her house without permission and brother-in- law; Nanakram used to visit her and Madhuri used to stay with him without informing the husband for several days, her search had to be made number of times. On one of the occasions Nanakram was found with Madhuri in objectionable condition. It was objected to by the husband, at that time he was humiliated. Thus, M...
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