Court : Madhya Pradesh
Decided on : Nov-06-1980
Reported in : AIR1981MP129; 1981MPLJ244
G.P. Singh, C.J.1. By order dated 2nd April, 1980 the State Government made Rules for admission to 1st year M, B. B. S. course of medical colleges of Madhya Pradesh. These rules are not statutory. They were made in the exercise of the executive power of the State. The rules provide for holding of a Pre-Medical Examination for selection at candidates for admission to the Medical Colleges. The Pre-Medical Examination is held by a Board which is constituted by Rule 2. The selection for admission is made as provided in Rule 3 'from the merit-list prepared on the basis of the result of this examination.' No candidate can be admitted unless he has passed B. Sc. Part I or any equivalent examination. This is the minimum educational qualification prescribed by Rule 5 (1). Reservation of seats is provided for by Rule 7. There are 720 seats in all. Out of these, 15% seat19As are reserved for each of the categories of Scheduled Castes and Scheduled Tribes candidates, which means that 108 seats are...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-28-1980
Reported in : AIR1980MP154
J.S. Verma, J. 1. This Is a claimant's appeal under Section 110-B of the Motor Vehicles Act against the award dated 12-3-1976 passed by the Motor Accidents Claims Tribunal East Nimar, Khandwa in Claims Case No. 12 of 1974 dismissing the entire claim for compensation made under Section 110-A of the Motor Vehicles Act, 2. The motor accident giving rise to the claim occurred on 26-1-1974 when deceased Ambadas was knocked down by a bus MFC 4757 which came from behind. Ambadas when he was walking on the correct side of the road at Khandwa near the Bus stand. The deceased Ambadas was a peon in the Government Irrigation Department and was aged about 40 years at the time of his death. He was drawing in all Rs. 196/- per month as his salary. The deceased succumbed to his injuries soon after the accident in which he was crushed under the front wheel. The deceased was unmarried and the sole claimant Shanker Rao is his elder brother. The claimant alleged that he was being paid Rs. 100/- per month ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-05-1980
Reported in : AIR1980MP188; 1980MPLJ644
ORDERJ.S. Verma, J.1. The petitioner Purshottamlal Kaushik and the respondent Vidya Charan Shukla were two of the contesting candidates in the last Lok Sabha general elections held in January, 1980 from No. 18, Mahasamund Parliamentary Constituency. The result of the election was declared on 7-1-1980 and the respondent Vidya Charan Shukla was declared elected to the Lok Sabha from that constituency. This election result was notified in the official gazette on 10-1-1980. The present petition has been filed on 18-2-1980, for declaring the respondent's election to be void on two grounds, namely, under Section 100(1)(a) and Section 100(1)(d)(i) of the Representation of the People Act, 1951. Facts on which both the grounds are based are the same. All the relevant facts are admitted between the parties and the only question is whether on the admitted facts both or any of the grounds on which the petition is based have been made out. These facts are stated hereafter.2. The respondent Vidya Ch...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-14-1980
Reported in : AIR1981MP151
Oza, J.1. This miscellaneous appeal has been filed by the appellant against an order passed by the Motor Accidents Claims Tribunal, Indore, dismissing the claim of the appellant on the ground that the appellant is not entitled to compensation as he does not fall within the category of persons mentioned in the provisions of the Fatal Accidents Act.2. This appeal was heard by a learned single Judge. The learned single Judge felt that the consistent view of this Court as laid down in Kasturilal v. Prabhakar (1970 Acc CJ 1): (AIR 1971 Madh Pra 145) and Suman v. The General Manager, M. P. S. R. T Corporation (1970 Acc CJ 280) is that the Motor Vehicles Act, Section 110A does not confer a new right but only provides an expeditious remedy and, therefore, except the persons entitled to claim compensation under the Fatal Accidents Act no others, even if they fall within the ambit of the term legal representatives' can claim compensation. The learned Judge, therefore, also felt that the view tak...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-16-1980
Reported in : [1981]127ITR173(MP)
Vijayvargiya, J.1. By this reference under Section 27(1) of the Wealth-tax Act (hereinafter referred to as 'the Act'), 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 penalty under Section 18(1)(a) for the period of default occurring after March 31, 1969, for the assessment years 1964-65 to 1968-69 should be calculated with reference to the provisions of Section 18(1)(a) prior to its amendment with effect from April 1, 1969 ?'2. The facts giving rise to this reference as set out in the statement of the case are as follows : The assessee was assessable under the provisions of the Act for the assessments years 1964-65 to 1968-69. The returns were due on or before 30th June, 1964, 30th June, 1965, 30th June, 1966, 30th June, 1967, and 30th June, 1968. They were filed late on 3-11-70, 3-11-70, 17-3-70, 17-3...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-24-1980
Reported in : (1982)136GLR583
VijayavrgIya, J. 1. By this reference under Section 256(1) of the I.T. Act, 1961, the Income-tax Appellate Tribunal, Indore Bench, Indore, has referred the following questions of law for the opinion of this court: '(1) Whether, on the facts and in the circumstances of the case, the income being below Rs. 5,000 in the assessment years 1971-72 to 1973-74, there was any liability to tax in view of the provisions of Paragraph A of Part I of the First Schedule to the Finance (No. 2) Act, 1971, and corresponding provisions in the Finance Acts of 1972 and 1973 ? (2) Whether, on the facts and in the circumstances of the case, the income of the trust could be charged to tax at the rate of 65% as provided under Section 16 of the Income-tax Act, 1961 (3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the supplementary deed of declaration dated March 14, 1971, is void and ineffective (4) Whether, on the facts and in the circumstances of the cas...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-07-1980
Reported in : AIR1981MP123; 1981MPLJ202
G.P. Singh, C.J. 1. The Caltex Petroleum Corporation is a foreign company incorporated in the State of Delaware in the United States of America. One of its subsidiaries, namely, the Caltex Oil Refining (India) Limited (an Indian Company), hereinafter referred to as the Caltex Oil Refining, was carrying on the business of refining crude oil and producing petroleum products in India. Another subsidiary of the Caltex Petroleum Corporation, namely, the Caltex (India) Limited (a foreign company) incorporated in Bahamas Islands, hereinafter referred to as the Caltex (India), was carrying on through its undertakings in India the business of marketing and distributing petroleum products. The President of India, on 30th Dec. 1976 promulgated the Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited) Ordinance, 1976. The Ordinance was replaced by an Act (Act No. 17 of 1977) bearing the same name. The Act was enacted on 23r...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-09-1980
Reported in : AIR1981MP62; 1981MPLJ175
M.L. Malik, J. 1. This order shall also govern the disposal of Miscellaneous Petition No. 190 of 1979 (M/s. Modella Steels and Alloys Limited and Anr. v. The Chief Municipal Officer, Ratlam Nagai Palika, Ratlam and two others), Miscellaneous Petition No. 741 of 1979 (M/s. Jayant Vitamins Limited, Ratlam v. The Chief Municipal Officer, Ratlam Nagar Palika, Ratlam and two others) and Miscellaneous Petition No. 71 of 1980 (M/s Sajjan Chemicals Private Limited, Ratlam v. The Chief Municipal Officer, Ratlam Nagar Palika, Ratlam and two others). 2. The petitioners, a company with limited liability duly incorporated under the provisions of the Companies Act, 1956, have their factory for casting steel ingots in the Industrial Area of Ratlam town. The Industrial Area was developed by the State Government and was located some kilometers away, outside the municipal limits. The petitioners installed their industry in the Industrial Area long before the nrea was brought within the municipal limits ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-26-1980
Reported in : (1980)16CTR(MP)391; [1981]127ITR427(MP); 1980MPLJ425
G.P. Singh, C.J.1. This is a reference under Section 27(1) of the W.T. Act, 1957. The question of law referred is as follows : ' Whether, on the,facts and in the circumstances of the case, the Appellate Tribunal was right in allowing exemption in respect of the value of gold and silver ornaments included in the value of jewellery under Section 5(1)(viii) of the Wealth-tax Act, 1957 '2. The assessee in the present - reference is Smt. Sonal K. Amin. The assessment year is 1971-72 and the relevant valuation date is 30th October, 1970. The WTO, by order dated 29th March, 1972, included Rs. 50,000 in the net wealth of the assessee as value of ornaments and jewellery. The order was maintained by the AAC. The Tribunal accepted the assessee's appeal and held that the gold and silver ornaments, as distinguished from jewellery, were not includible in the net wealth being articles of personal use. The Tribunal remanded the case to the WTO for examining the correctness of the claim of the assessee...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-25-1980
Reported in : AIR1981MP30; 1981MPLJ117
B.C. Varma, J.1. The petitioner is a company engaged in the business of sale and manufacture of textiles. It has textile mills at Dhamnod Road. Ratlam, within the market area of Krishi Upaj Mandi, Ratlam (respondent No. 1), established under the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter called the Act), For the purpose of manufacture of textiles, the petitioner purchases unginned cotton from agriculturists. This cotton is then ginned, pressed and spinned and is then finally converted into finished product, viz., the cloth. All this process is undertaken by the petitioner in the Mills. The cloth is then marketed through dealers. 'Cotton' is one of the commodities included in the Schedule to the Act and is admittedly an 'agricultural produce' within the meaning of term as defined under Section 2(1)(a) as meaning all produce whether processed or not, of agriculture, horticulture, animal husbandry, apiculture, pisciculture, or forest. The petitioner has obtained a licen...
Tag this Judgment!