Court : Madhya Pradesh
Reported in : [1978]114ITR798(MP)
G.P. Singh, J.1. This is a reference made by the Income-tax Appellate Tribunal under Section 256(1) of the Income-tax Act, 1961, at the instance of the department.2. The assessee, Jaswantlal Dayabhai, is an individual. The relevant assessment year is 1962-63, for which the previous year ended on 31st March, 1962. There was a partnership consisting of the assessee and his three brothers, namely, Jayantilal, Suresh Chandra and Hemendra. Three other minor brothers of the assessee were admitted to the benefits of the partnership. This partnership was constituted by a partnership deed executed on 24th October, 1957. The assessee's share in the partnership was 15 per cent. On 16th April, 1961, a deed was executed between the assessee, the three major brothers who were partners and the guardian of the minors. The effect of this deed was that the assessee retired from the partnership with effect from 15th April, 1961. The goodwill of the partnership was valued at Rs. 6 lakhs. The assessee's sh...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1984]146ITR580(MP)
G.P. Singh, C.J.1. This is a reference made by the Income-tax Appellate Tribunal referring for our answer the following question of law :' Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in directing the Income-tax Officer to allow registration to the assessee '2. The reference relates to the assessment years 1971-72 and 1972-73. The assessee-firm was constituted by a deed of partnership executed on 10th November, 1961, and it consisted of four partners and three minors were admitted to the benefits of the partnership. The minors attained majority on 4th May, 1966, 27th May, 1967, and 21st July, 1971, respectively, and elected to become partners. The partnership was not granted continuation of registration for the assessment years 1967-68, 1968-69 and 1969-70. There was a reference to this court in respect of these assessment years. The judgment of the court, in this reference, is Durgaprasad Rajaram Adatiya v. CIT : [1...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT501
ORDERA.K. Mishra, J.1. Deceased Ramesh was working as labourer in Truck bearing registration No. CPQ 3943. He was travelling in the said truck when another truck bearing No. CPQ 7398 came from behind. The truck belonging to M.P.E.B. in which the deceased was travelling gave the side. While overtaking, the two trucks collided due to which Truck No. CPQ 3943 turned turtle and Ramesh died in the said accident.2. The truck owned by M.P.E.B. bearing No. 3943 was insured with Oriental Insurance Company and was driven by Krishna Kumar. Truck No. 7398 was driven by Jagdish Prasad and the said truck was insured with New India Assurance Company. The claimant, widow of Ramesh, prayed for an award of Rs. 2,50,000/- on account of death of Ramesh, her husband. The owner of Truck No. CPQ 7398 denied the accident. The truck was insured with New India Assurance Company for the period 4-4-89 to 25-11-89, hence it was submitted on behalf of the insurance company that it was not liable to pay any compensa...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(1)MPLJ246
ORDERAbhay M. Naik, J.1. This revision application has been preferred against the order dated 10-1-2003 passed by the Court of Rent Controlling Authority, Jabalpur in Case No. 60/A-90 (7)/2000, directing thereby eviction of the revisionist.2. Admitted facts of the case are that the shop in question is comprised in a property which was purchased by applicant Smt. Gumana Bai vide registered sale deed dated 6th of February, 1989 and has been occupied by the non-appli-cant/Revisionist as a tenant.3. Smt. Gumana Bai as a landlady submitted an application under Section 23-A (b) of the M.P. Accommodation Control Act (hereinafter referred to as 'the Act' for brevity) for eviction of the revisionist on the ground that she needed the disputed shop for starting of business by Sajal and Prabhat who happen to be the grand sons of her brother-in-law. The disputed property is stated to have been purchased by her vide registered sale deed 6th of February, 1989. The shop in question has been in the occ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1980MP37
U.N. Bhachawat, J.1. The reference to this Bench arises out of the execution proceedings pending in the Court of the III Civil Judge, Class II, Chhindwara, in Execution Case No. 165-A of 1969, which was initiated on the application of the decree-holder-respondents for the execution of their money decree against the judgment-debtor-appellant. The reference has arisen in the following manner.2. An electric motor pump belonging to the judgment-debtor, which has been fitted in his well, situated in agricultural field for irrigating the field, and his cart have been attached on the application of the decree-holders-respondents by the said Executing Court. The judgment-debtor filed an objection to this attachment submitting that he was an agriculturist and the attached articles are the implements of husbandry which are necessary to enable him to carry on his agricultural operation and earn livelihood and as such the articles were exempted from attachment under proviso (b) to Sub-section (1) ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1987MPLJ358
T.N. Singh, J.1. This is plaintiffs' appeal arising out of a suit for redemption of the mortgage evidenced by the Deed dated 21-2-1947. Learned District Judge, Morena, having dismissed the suit, the plaintiffs are in this Court.2. Needless to say that the plaintiffs based their claim on the mortgage-deed Ex. P/3 to enforce their right of redemption of the mortgage ensured under Section 60 of the Transfer of Property Act, for short T.P. Act'. The plaintiffs claimed that as per terms of the mortgage they were prepared to repay the : entire loan of Rs. 15,000/- and had served notice on the defendant who did not respond. Because the defendant was illegally enjoying the usufruct of the property, they were obliged to institute the suit. The claim was opposed by the defendant mainly on the ground that the right of the plaintiffs to redeem the mortgage had been extinguished as a result of his purchase in Court-sale of the property mortgaged. Although in para 3 of his written statement, the mor...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1984]149ITR256(MP)
Vijayvargiya, J. 1. As directed by this court by order dated October 30, 1980, in Misc. Civil Case No. 65 of 1977, the Income-tax Appellate Tribunal, Indore Bench, Indore, has referred the following question of law for the opinion of this court: ' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the burden to prove that the agency agreement, in pursuance of which payment was made to Vinay Bhasin in the assessment year 1972-73, was genuine, was on the assessee ' 2. The material facts giving rise to this reference as set out in the statement of case are as follows : The assessee, a registered firm, derived income mainly from wholesale business in cloth at Indore City and from sales outside Indore, In the assessment year 1970-71 the assessee-firm had two partners, Ramlal and Madanmohan. Ramlal's share in the firm was 50% and that of Madanmohan was 25% in profits only. Rajiv, a minor grandson of Ramlal, was admitted to the benefits of t...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1997]226ITR357(MP)
A.K. Mathur, C.J. 1. This is an income-tax reference at the instance of the Revenue under Section 256(1) of the Income-tax Act, 1961. The Tribunal has referred the following three questions of law for answer by this court :' (1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in confirming the order of the Commissioner of Income-tax (Appeals) who directed to make two separate assessments for the periods from January 1, 1981, to June 30, 1981, and July 1, 1981, to December 31, 1981 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in confirming the order of the Commissioner of Income-tax (Appeals) who held that the first trust executed on August 1, 1978, was validly extinguished on July 1, 1981 ? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the trust created on July 1, 1981, could not be said to be unlawful not to apply the provisions o...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1985)45CTR(MP)126
ORDERU. N. Bhachawat, J. - This order shall dispose of Miscellaneous Civil Cases No. 108 of 1977 and 109 of 1977 also, an in all these cases a common question is involved and the parties are the same.2. These are the applications made by the department u/s. 256(2) of the IT Act, 1961 (for short, hereinafter referred to as the Act), praying that this court should require the ITAT to state the case and to refer the following question in the above respective cases for our answer :(i) M.C.C. No. 107/1977'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in confirming the order the order of the AAC whereby he held the expenditure in respect of lease rent amount to Rs. 18,95,832 as wholly and exclusively, for the purpose of business and, accordingly, allowing the assessees claim ?'(ii) M.C.C. No. 108/1977'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in confirming the order of the AAC whereby he held ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1987)65CTR(MP)160; [1988]169ITR588(MP)
G.G. Sohani, J. 1. By this reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the interest earned by a minor on his capital invested in the firm to the benefits of which he has been admitted could not be clubbed along with the share income and taxed in the hands of the parent under Section 64(1)(iii) of the Income-tax Act ?' 2. The material facts giving rise to this reference, briefly, are as follows : The minor sons of the assessee were, during the relevant assessment year 1976-77, admitted to the benefits of the partnership firms carrying on business under the name and style as M/s. Gandhi Rajkumar Santoshkumar, M/s. Gandhi Nirmalkumar Vinodkumar and M/s. Dhannaji Dhulji & Sons. Certain funds were invested in these f...
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