Court : Madhya Pradesh
Decided on : Jul-25-2003
Reported in : I(2004)ACC671; 2004ACJ846
Deepak Verma and S.K. Seth, JJ.1. Mr. Manish Jain, learned counsel for the appellants, none for respondent Nos. 1 and 2 though served and Mr. Anil Goel, learned counsel for respondent No. 3.2. With consent arguments heard. This appeal has been preferred for enhancement of compensation awarded by the M.A.C.T., Shajapur in Claim Case No. 103 of 2002.3. For the death of Makbul alias Kallu Khan, Claims Tribunal by the impugned award dated 28.9.2002 has awarded a sum of Rs. 2,97,500 to claimants-appellants. Appellant No. 1 is the widow, appellant Nos. 2 to 4 are the minor children and the appellant Nos. 5 and 6 are the parents of the deceased. At the time of the accident, the age of the deceased was only 26 years and he was working as a TV mechanic. It is alleged that the deceased used to earn Rs. 3,300 per month. After analysing the evidence, Tribunal came to the conclusion that the respondent No. 2 driver of the offending truck bearing registration No. TN 28-Y 8437, which was coming from ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-23-2003
Reported in : 2003(4)MPHT95; 2003(3)MPLJ436
..... government but it belongs to the board which is separate and distinct from the state government. the petitioner filed an appeal before the district court as per section 149 of the act against the order of the municipal commissioner and it has been dismissed by the impugned order.4. the learned counsel for both the sides have been heard ..... submitted before the corporation that the building belonging to it is exempted from the property tax as per section 136 (a) of the act. according to the petitioner the building is 'owned by and vesting in the state government' and therefore, the demand of property tax from the petitioner ..... government and it should be recognised as such.3. the commissioner, municipal corporation, bhopal has imposed property tax on the building belonging to the board as per section 132 of the act. he has demanded property tax of rs. 13,53,225/- from the petitioner as per demand notice dated 2-8-1999 (annexure r-3). the petitioner .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-23-2003
Reported in : (2003)4CompLJ420(MP); [2004]49SCL544(MP)
..... this is a company petition filed by what he calls himself as a creditor of respondent company seeking winding up of company essentially on the ground covered under section 433(e) of companies act.2. the respondent is a company havingits manufacturing unit at sendhwa. it is stated by the petitioner that in the course of company's manufacturing activity, ..... of rs. 1,44,320. since, the respondent has failed to clear the outstanding despite notice sent, the petitioner has chosen to invoke the provisions of section 433(e) of the companies act seeking winding up of the respondent-company. it is alleged that non-payment of total money dues amounting to rs. 1,44,320 is a ground to ..... rs. 1,00,000 being no. 257718, dated 16-6-2000 in favour of petitioner, but was returned by the bank for which a case under section 138 of the negotiable instrument act is pending against the respondent company before the court at sendhwa. he then further alleged that respondent has paid a sum of rs. 75,000 and balance .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-21-2003
Reported in : (2004)186CTR(MP)718; [2004]265ITR202(MP)
..... the mumbai and allahabad high courts reported in cit v. bhaichand h. gandhi : [1983]141itr67(bom) and sundar lal jain v. cit : [1979]117itr316(all) , respectively, contended, that section 68 of the act can be invoked only, when, the books of account of the assessee show the cash entry and not otherwise.5. we are afraid, such a narrow and restricted interpretation ..... . 9), and affirmed the finding of fact, recorded by the assessing officer and the commissioner of income-tax (appeals) with regard to the addition of rs. 72,100 under section 68 of the act. the assessee derived the income from purchase and sales of sintex water tanks, etc., agents of sinter plast containers, kalol, and bhopal. during the relevant financial year, the ..... 1. this appeal under section 260a of the income-tax act, 1961 (hereinafter for short, 'the act of 1961'), has been preferred by the assessee against the order passed by the income-tax appellate tribunal on april 15, 2002, in i.t.a. no. 402/ind of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-16-2003
Reported in : 2004ACJ1075
Deepak Verma and S.K. Seth, JJ.1. A young girl aged 16 years met with the tragic death when the respondent No. 1 while driving tractor-trolley, could not control it while negotiating the turn, as a result, the trolley turned turtle. The deceased was standing on the road, came beneath it and died on account of the said accident.2. The appellants are the parents of the deceased Mamta. At the time of accident she was only 16 years old.3. The Tribunal below, on the basis of the evidence has awarded only an amount of Rs. 1,00,000 as compensation to the appellants. They are before us in appeal for enhancement.4. The finding of the Tribunal, that respondent No. 1 was responsible for causing the accident on account of his rash and negligent driving, has not been assailed before us, hence, it is hereby confirmed. The finding that offending vehicle was insured with respondent No. 4 has also not been challenged before us, therefore, the same is also hereby confirmed.5. The only question, which re...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-07-2003
Reported in : 2004(2)MPHT202
..... have no hesitation in coming to the conclusion that the competent authority has not calculated the entitlement of the plaintiffs in accordance with the rules laid down in section 7 (1) of the act and, therefore, the order of the competent authority (ex. p-19) is invalid and ineffective.'4. shiv prasad (p.w. 1) has stated that the suit land ..... land' shall be construed accordingly. 'family' is defined in section 2 (gg) of the act to mean, husband, wife and their minor children. (see also krishna kumar v. state of m.p., 1982 mplj 332; sarjubai v. state of m.p., ..... no. 2-a/76 was dismissed. the first appellate court dealt with the points aforesaid and in judgment paras 7, 8 and 13 respectively has held :--'7. section 2 (h) of the act defines 'holder' to mean a tenure holder or an occupancy tenant or a government lessee of land within the state and the expression to hold land or 'holding .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-03-2003
Reported in : (2004)186CTR(MP)418
1. r.l. jain, learned counsel for the revenue.2. he is heard on the question of admission.3. this appeal has been preferred against the order dt. 3rd dec., 2002, passed by tribunal, indore in ita no. 257/ind/1997.4. after going through the impugned order, we find that the tribunal has recorded a finding that the interest income earned by the smaller huf could not have been assessed in the hands of bigger huf, as the same is not permissible as per the law.5. undisputedly, the respondent has been accepted as a smaller huf, in view of the partition of the bigger huf of nathuram which has been recognized under section 171(1) of the it act, 1961, by the department itself.6. in view of the admitted facts and circumstances of the case, the tribunal allowed the appeal. the findings recorded by the tribunal are factual in nature and do not involve any substantial question of law. thus, the appeal being devoid of any substance merits dismissal without any orders as to costs.
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-30-2003
Reported in : [2004]136STC386(MP)
..... . in fact, it is for the commissioner to consider the order and consequences of the order passed by the bifr under the provisions of the sick industrial companies (special provisions) act, 1985. therefore, it is clear that when the commissioner passed the order (annexure p/9) there was no case before him about the registration of case before the bifr and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-27-2003
Reported in : 2004CriLJ4333
..... guilty for the said murder. legally, such a report by a deceased person can be relied upon, even without corroboration, as a substantive evidence under section 32 of the evidence act, of the cause of death of its maker. however, the legal position remains unaltered that such a dying declaration should be scrutinised very carefully, keeping ..... articles. the seizure list is ex. p-4. thereafter in due course of time the accused persons were taken to custody and certain witnesses were examined under section 161 of the code. the seized articles were sent for chemical examination to the forensic laboratory at sagar and eventually after completing all the formalities a charge- ..... it is proved by the testimony of the magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. a certification by the doctor is essentially a rule of caution and, therefore, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-24-2003
Reported in : 2004ACJ969
deepak verma and s.k. seth, jj.1. this is an appeal under section 173 of the motor vehicles act, 1988, for enhancement of compensation awarded by the first addl. motor accidents claims tribunal, dhar, in the claim case no. 47 of 1991, decided on 28.4.1994.2. late ..... multiplier of 14, which looking to the age of the deceased at the time of the accident ought to have been 16, as per the second schedule of motor vehicles act. it is also contended that it has been established on record that the deceased had better future promotional prospects and would have earned promotion within the next two years had .....
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