Court : Madhya Pradesh
Decided on : Feb-14-2006
Reported in : III(2006)ACC48; 2007ACJ2500
..... . 6,00,000 as damages learned tribunal has awarded rs. 1,52,000. the claimants-appellants feeling the amount inadequate and on lower side preferred this appeal under section 173 of motor vehicles act for getting quantum of award enhanced.4. since this is an appeal filed by claimants for enhancement, we are not required to examine the other findings of learned .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-15-2006
Reported in : 2006(2)MPLJ104
..... of the code, a family court shall be deemed to be a civil court and shall have all the powers of such court. therefore, under section 10 of the family courts act, said application was maintainable and the family court was bound to decide the application in accordance with law.26. now the next question which requires our ..... court.12. division bench of calcutta high court in the case of ahmadar rahaman chaudhari v. jaminiranjan barna air 1950 cal 385 has held that section 12 of the guardian and wards act empowers the court to make such orders for the protection of property of a minor as it thinks fit. discretion which is conferred upon the ..... additional district judge. gwalior. the then seventh additional district judge. gwalior passed an ex parte order dated 27-4-2002 and allowed the application under section 25 of the guardian and wards act in favour of the respondent directing delivery of custody of the son to the respondent. having learnt that said ex parte decree has been passed, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-17-2006
Reported in : 2006(2)MPHT18
..... ground for proceeding further, take cognizance of the offence and issue process or (3) he may direct further investigation to be made by the police under sub-section (3) of section 156.in the present case, the chief judicial magistrate, morena, has mechanically accepted the report and dropped the proceedings and the records do not indicate that ..... magistrate also has the option to direct further investigation to be made by the police under sub-section (3) of section 156. in kashmeri devi's (supra), the supreme court after coming to the conclusion that prima facie the police had acted in a partisan manner to shield the real culprits and that the investigation had not been done ..... 34 of ipc and crime no. 547/1996 under section 309 of ipc should be finally closed. he submitted that it is for the court and not for the investigating agency to analyse the evidence collected during investigation and the dsp (p) cid investigation should not have acted like the court. he submitted that the report of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-20-2006
Reported in : [2008]298ITR396(MP)
..... substance, the question that arises for consideration in this appeal is; whether issuance of notice under section 147/148 of the act, seeking to reopen the assessment for making reassessment for the assessment year in question (1982-83), is legally justified or not all the authorities below, i. ..... assessment was barred by time under the proviso to section 147 of the act ?2. heard shri k.n. puntambekar, learned counsel for the appellant and shri a.p. patankar, learned counsel for the respondent.3. in short and in ..... final hearing on following substantial questions of law :1. whether, in the facts and circumstances of the case, there could be recourse to the provisions of section 147/148 of the it act for reassessing the income of the assessee by including rs. 2,74,627 ?2. whether, in the facts and circumstances of the case, reopening of the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-20-2006
Reported in : (2006)202CTR(MP)599; [2006]153TAXMAN540(MP)
..... substance, the question that arises for consideration in this appeal is whether issuance of notice under section 147/148 of the act, seeking to reopen the assessment for making reassessment for the assessment year in question (1982-83) is legally justified or not all the authorities below, i. ..... of the assessment was barred by time under the proviso to section 147 of the act ?'2. heard shri k.n. puntambekar, learned counsel for the appellant and shri a.p. patankar, learned counsel for the respondent.3. in short and in ..... hearing on following substantial questions of law'1. whether, in the facts and circumstances of the case, there could be recourse to the provisions of section 147/148 of the income tax act for reassessing the income of the assessee by including rs. 2,74,627 ?2. whether, in the facts and circumstances of the case, reopening .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-22-2006
Reported in : 2006(4)MPLJ428
..... 18, rule 4 cpc, on 8-9-2004, and had never raised any objection to the competence of the witness till 23-8-2005, and that under section 118 of the evidence act, the power of attorney holder was a competent witness who could depose on his behalf before the trial court.4. counsel for the petitioner also stated that the ..... he was not aware of any transaction entered into by his late mother and the plaintiff respondent, and for this purpose the power of attorney holder can depose under section 118 of the evidence act.9. whereas considering order 3, rules 1 and 2, cpc in its strictest interpretation would empower the holder of power of attorney to ..... only see whether an inferior court or tribunal had proceeded within its parameters and in exercising the supervisory power under article 227 of the constitution, the high court does not act as an appellate court or a tribunal. the same would not be applicable in the present case since the impugned order required interpretation of order 3, rule 1 of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-23-2006
Reported in : 2007ACJ1738
..... . therefore, the appellant is equally liable to pay the amount of compensation along with driver and owner of the vehicle in view of the proviso of sub-section (2) of section 147 of the act of 1988 and also in view of the law laid down in the case of beharilal (supra).16. in view of this, the appeal stands dismissed. ..... 2000 acj 1428, wherein the proviso to section 147(2) of the act, whereby the life of the insurance policy was extended for a period of four months was taken into consideration by the hon'ble apex court and it was ..... the statutory liability'.8. learned counsel for the respondent no. 1 submits that accident took place on 23-8-1989 after coming into force of motor vehicle act, 1988 and as per section 147 of the act, liability of the insurance co. is unlimited. reliance is placed on decision in the matter of national insurance co. ltd. v. behari lai, reported in .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-27-2006
Reported in : [2007]292ITR291(MP)
..... was charged on the trade advance of rs. 15 lakhs ?2. whether in the facts and circumstances of the case, the tribunal has erred in holding that under section 80hhc of the it act no deduction was allowable on the amount of rs. 10,80,571 on the ground that there was no direct nexus between these receipts and the export business of ..... findings of the cit(a) on this count and restore the matter to the file of the ao tore-compute the deduction under section 80hhc in view of cl. (baa) of explanation below sub-section (4b) of section 80hhc of the act.9. in our view, the tribunal having noted that for want of any material, not on record and having been filed in ..... , the same cannot form part of the profit of a business eligible for the purpose of deduction under section 80hhc of the act. we are, therefore, of the view that the aforesaid receipts are hit by expln. (baa) below sub-section (4b)of section 80hhc of the act and do not form part of the profit of business. as such, we do not find ourselves .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-27-2006
Reported in : 2006(3)MPLJ329
..... short 'the tribunal') in claim case no. 26/99.2. the facts in a nut shell are that the respondent nos. 1 and 2 initiated an action under section 166 of the act on the foundation that on 13-2-1999 their son, jagdish, aged about 15 years was travelling in a bus bearing registration no. mp.15-d/5695 from ..... on the roof top contributes to the accident is correct and we are in respectful agreement with the same keeping in view the statutory provision engrafted under section 123 of the motor vehicles act. once we have accepted that such a passenger would be liable for contributory negligence we are disposed to state that such contributory negligence should be determined at ..... oriental insurance co. ltd. v. jashmani kongari and anr. , a similar question arose and the learned single judge of high court of jharkhand placing reliance on section 123(2) of motor vehicles act came to hold as under:1...on perusal of exh. 3, it was found that a premium of rs. 2,310 was paid for 21 passengers against third .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-27-2006
Reported in : (2006)203CTR(MP)369
..... advance of rs. 15 lakh ?2. whether in the facts and circumstances of the case, the income tax appellate tribunal has erred in holding that under section 80hhc of the income tax act no deduction was allowable on the amount of rs. 10,80,571 on the ground that there was no direct nexus between these receipts and the export ..... the commissioner (appeals) on this count and restore the matter to the file of the assessing officer to recompute the deduction under section 80hhc in view of clause (baa) of explanation below sub-section (4b) of section 80hhc of the act.'9. in our view, the tribunal having noted that for want of any material, not on record and having been filed ..... same cannot form part of the profit of a business eligible for the purpose of deduction under section 80hhc of the act. we are, therefore, of the view that the aforesaid receipts are hit by explanation (bad) below sub-section (4b) of section 80hhc of the act and do not form part of the profit of business. as such, we do not find .....
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