Court : Madhya Pradesh
Decided on : Feb-05-2003
Reported in : [2004]270ITR157(MP)
..... the circumstances of the case, the learned tribunal was justified for setting aside the order of the commissioner of income-tax under section 263 of the income-tax act ?(2) whether, on the facts and in the circumstances of the case, the learned tribunal was justified in accepting the ..... said creditors were income-tax assessees. their index numbers were in the file of the revenue. the revenue apart from issuing notices under section 131 at the instance of the respondent, did not pursue the matter further. the revenue did not examine the source of income of ..... and completed the assessment after considering the evidence filed and after his satisfaction about the genuineness of cash credits, the order of revision under section 263 on vague ground that the assessing officer did not make proper enquiry is not valid (cit v. ratlam coal ash co. [1988 ..... 1. this is an appeal under section 260a of the income-tax act, 1961. at the outset we may mention that when this appeal was presented no question of law .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-06-2003
Reported in : 2004ACJ1405
Bhawani Singh, C.J.1. Through this appeal, award passed by Motor Accidents Claims Tribunal, M.C.C. No. 12 of 1998, dated 29.8.2000, has been challenged.2. On 9.11.1996 at about 11.30 p.m. claimant was going through Kohefiza on scooter. When he reached Kohefiza Police Post, Maruti car No. MP 04-D 0078 driven rashly and negligently came on the wrong side and hit the claimant. He suffered injuries to head, nose, left forearm, right foot and back. He fell unconscious and was shifted to Kohefiza Hospital. It was found that his forearm of left hand had fractured, operated, nail inserted and screwed. He got treatment at Indore also. Left hand forearm suffered permanent disability. Matter was reported to the police and driver was prosecuted and punished having confessed the crime.3. Vehicle was insured with Oriental Insurance Co. Ltd., owned and driven by Anil Kumar Kalra. Claimant is Assistant Administrative Officer, New India Assurance Co. Ltd., Bhopal. He is sportsman of repute having won m...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-13-2003
Reported in : AIR2003MP218; I(2004)BC461; [2004]122CompCas929(MP); 2003(2)MPLJ246; [2003]44SCL547(MP)
..... the supreme court, and a high court exercising jurisdiction under articles 226 and 227 of the constitution) in relation to the matters specified in section 17'.it is clear from section 17 of the act that the tribunal is to decide the applications of the banks and financial institutions for recovery of debts due to them. we have already ..... such dues is exclusive. it was held that only exception is as regards to those matters which arc covered by section 34(2) of r.d.b. act and since u.p. act is not specified in sub-section (2) of section 34 and, hence, it cannot be resorted to for making recovery by the financial institution from their borrower. this ..... court exercising power under article 226 or 227 of the constitution.this is the effect of sections 17 and 18 of the act.para 9 - section 34 of the act consists of two parts. sub-section (1) deals with the overriding effect of the act notwithstanding anything inconsistent therewith contained in any other law for the time being in force or .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-13-2003
Reported in : 2004ACJ920
Uma Nath Singh, J.1. Being aggrieved by an award dated 21.2.2000 passed by learned IX Motor Accidents Claims Tribunal, Gwalior in Claims Case No. 99 of 1999 giving only a sum of Rs. 50,000 for no fault liability plus Rs. 4,500 for funeral expenses and loss to estate, appellants (parents of the deceased) have preferred this appeal mainly on the ground that learned Tribunal has erred in law in not following the mandate of the statute in calculating the compensation as per Schedule.2. Needless to say that even in the case of a person not earning at all, his income is statutorily assessed at Rs. 15,000 per annum. In the instant case, deceased aged 6 years was the only female child and the parents are said to be incapable or begetting any further issue for medical reasons. It is also said that the deceased was a bright student and would have fared well in the future. Thus, looking to the circumstances of the case, it would not be open to contend that the deceased would have been handicapped...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-14-2003
Reported in : II(2004)BC451; [2004]122CompCas717(MP); 2003(3)MPLJ329; [2004]50SCL558(MP)
..... come within the purview of section 29 of the act. mr. palit, however, with reference to the full bench decision of the allahabad high court argues with vehemence that a guarantor's property cannot ..... realise the property pledged, mortgaged, hypothecated or assigned to the financial corporation. there is nothing in the aforesaid provision to indicate that the right under section 29 of the act is only in respect of the property of the loanee mortgaged with the corporation. on the other hand, all properties mortgaged with the corporation would ..... petitioner and smt. ritu bhargav, learned counsel for the respondent no. 1.4. mr. bhagwat appearing for the petitioner raises the sole contention that under section 29 of the act, the corporation can take possession of the property of the loanee (respondent no. 2) but not the property of the guarantor. learned counsel in .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-17-2003
Reported in : [2003(97)FLR874]; 2003(2)MPHT65; 2003(2)MPLJ555
..... be specified in, such notification. first notification was issued on 31-12-1960. the notification provides that ail the provisions of the said act other than sections 1 and 112 shall come into force on 31-12-1960 in respect of undertakings in the industries specified in the schedule below wherein ..... fibres including regenerated cellulose-rayon, nylon and the like. (8) coke over by-products. (9) coal-tar distillation products like, naphthalene, anthracene and the like. (10) explosives including gunpowder and safety fuses. (11) insecticides, fungicides, weedicides and the like. (12) textile auxiliaries, (13) sizing materials including starch. (14) miscellaneous chemicals. from the ..... .p., indore and ors., reported in 1968 mplj page 95, the division bench of this court has held that the notification issued under section 1 (3) of the act making it applicable to cement industry. workers engaged for construction of factory for manufacturing cement cannot be deemed to be working in cement industry .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-18-2003
Reported in : II(2003)DMC259
..... setting aside the part of the decree and no other ground was argued. therefore, looking to the provisions of section 25 of the act as well as the decision of the supreme court, the court below has rightly decreed the suit and granted damages and has rightly granted a decree for permanent ..... was already married. thus, as per section 5(i) of the act the court has declared the marriage between the parties null and void. this was the only submission made on behalf of the counsel for the appellant for ..... aforesaid judgment of the supreme court, a decree towards permanent alimony and maintenance can be granted by a court while passing a decree for nullity of marriage under section 11 of the act. in this case the court has declared the marriage null and void on the ground that at the time of marriage with the respondent, the appellant-husband .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-20-2003
Reported in : II(2004)ACC772; 2004ACJ924
..... 147 of the motor vehicles act, 1988, which came into force from 1.7.1989 prior to taking place of accident in this case, deletes the ..... compensation or to the extent of rs. 50,000, as contended. on the basis of section 95(2)(b)(i) and (ii) of the motor vehicles act, 1939, it could be contended that the liability of insurance company is limited to the ..... provision of limited liability of insurance company with respect to public service vehicle. under the new act, the limited liability is confined to damage to any property of a third party, to the extent of rs. 6 ..... extent of rs. 50,000 in case of passenger vehicle. this has been held by the apex court in new india assurance co. ltd. v. shanti bai, 1995 acj 470 (sc) and new india assurance co. ltd. v. cm. jaya, 2002 acj 271 (sc). however, section .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-20-2003
Reported in : AIR2004MP77; II(2003)DMC42; 2003(2)MPHT465; 2003(2)MPLJ385
..... but every unpalatable behaviour of the other spouse was not necessarily cruelty, either physical or mental, so as to afford a ground for judicial separation under section 10 of the hindu marriage act.20. according to learned counsel of appellant the standard of proof to be applied for proving cruelty need not to establish charge of cruelty beyond reasonable ..... nisha londhe, reported in air 1984 bombay 413, it has been made clear that the cruelty contemplated under section 13(1)(i-a) of the act neither attracts the old english doctrine of danger nor the statutory limits embodied in old section 10(1)(b). the cruelty contemplated is a conduct of such type that the petitioner cannot reasonably be ..... falling in the category of conscious acts cruel in nature as that is the underlying requirement of the provision.26. the hon'ble supreme court in the case of praveen mehta v. inderjit mehta, reported in air 2002 sc 2582, has further made it clear that cruelty for the purpose of section 13(1)(ia) is to .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-21-2003
Reported in : III(2004)ACC88; 2004ACJ1024
..... have gone out safely and the doors are properly closed. moving the bus while passenger(s) is/are in the process of moving in or moving out is a negligent act. in this case, deceased was in the process of getting down. he was to take care, apart from getting down himself, of bundles of newspaper, which could take some time .....
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