Court : Madhya Pradesh
Decided on : Jan-10-1967
Reported in : AIR1968MP47
..... . indubala bhandari, resulting in permanent physical disabilities;2. these appeals arise out of the award dated 30-7-1963, passed by the claims tribunal gwalior (additional district judge) in different claim cases filed by the injured persons for the injuries caused to them as also for the death of some close relations. the tribunal invoked the principle ..... mere speculative possibility of pecuniary benefit. to succeed he must prove a reasonable probability of pecuniary advantage. in that case the plaintiff claimed damages under the fatal accidents act, 1846, for the loss of his son, who was living with him and was killed while walking along the pavement by being crushed by a pole which fell ..... the happening of the accident and nothing more. it may be that he cannot prove more, but whether he can or not he does not prove any specific act or omission on the part of the defendant. the mere happening of the accident itself may be more consistent with negligence on the part of the defendant than .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-03-1967
Reported in : AIR1967MP280
..... plaintiff had to obtain the copy and there are certain happenings in the copying department which had to be extracted after an elaborate inquiry by us with reference to the document and registers of the district judge's copying department. from that also it is urged that even apart from limitation of the suit, the appeal in this ..... on that test the present suit brought on the 13th september 1954 was within time treating any one of the three cheques as acknowledgment under section 20 of the limitation act. 14. in the result, therefore, we wouldallow the appeal, set aside the trial court'sjudgment of dismissal and decree the suitfor principal and interest; future interest alsopayable ..... the cheques--one honoured and two dishonoured--was equivalent to part payment or acknowledgment in the writing of the debtor for the purposes of section 20 of the limitation act, having found that it was, on the strength of ruling of this court in 1961 mplj 645'. (air 1961 madh pra 346) it went on further to .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-27-1967
Reported in : AIR1968MP168a; [1968]69ITR336(MP); 1968MPLJ135
..... taken into account; (ii) debts which are secured on, or which have been incurred in relation to any property in respect of which wealth-tax is not chargeable under this act; *****' section 2(e) defines 'assets'. that definition is as follows:--'(e) 'assets' includes property of every description, moveable or immovable but does not include - (i ..... has been defined in section 2(m) thus :--'(m) 'net wealth' means the amount by which the aggregate value computed in accordance with the provisions of this act of all the assets, wherever located, belonging to the assessee on the valuation date, including assets required to be included in his net wealth as on that date ..... be included in the net wealth.' the wealth tax officer, therefore, issued to the present assessee a notice for reassessment under section 17(1)(b) of the act. in the reassessment proceedings the assessee objected to the validity of the notice under section 17(1)(b) and also reiterated his contention that the compensation instalments .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-16-1967
Reported in : AIR1968MP163; [1968]21STC202(MP)
..... 1964 mad 477) where it has been held that electricity is 'goods' for the purposes of the madras general sales tax act, 1959, and the central sales tax act, 1956. in that case, a single judge of the madras high court took the view that electricity is property and is capable of movement and delivery, and that electricity ..... government stamps, and includes all materials, articles and commodities, whether or not to be used in the construction, fitting out, improvement or repair of immovable property;' in the act of 1958, the definition of 'goods.' as given in section 2 (g), is as follows-' 'goods' means all kinds of movable property other than actionable claims, ..... is 'as much property as gas or water which is subjected to a particular process, bottled up and sold for consumption'. with all due respect to the learned single judge .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-11-1967
Reported in : AIR1968MP103; [1968]67ITR337(MP)
..... this assumption by the tribunal cannot be regarded as a finding that the explanation given by the assessee was false. in : [1966]60itr283(mad) the learned judges of the madras high court, while saying that the assessee's explanation if it is shown to be deliberately false, may no doubt induce the inference that ..... kottayam : [1961]41itr425(sc) that additional tax imposed on the assessee for his contumacious conduct is 'designated as penalty', proceedings under section 28 of the indian income-tax act, 1922, cannot be regarded as penal proceedings. to the same effect is the decision in : [1966]59itr499(ker) where lalchand's case : [1963]48itr324(all) , ..... year 1959-60.3. thereafter penalty proceedings were initiated against the assessee by the inspecting assistant commissioner of income-tax under section 274(2) of the act. before the inspecting assistant commissioner, the assessee repeated the explanation which he gave before the income-tax officer in the re-assessment proceedings he placed no .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-04-1967
Reported in : AIR1968MP77; (1968)ILLJ655MP
..... civil service officers (executive) promoted to the indian administrative service shall apply mutatis mutandis in regard to the fixation of pay of officers promoted as district and sessions judges (vide r 7 of the m. p. judicial service (classification, recruitment and conditions of service') rules. 1955 for the same reason, the government specifically provided ..... a former state allotted or deemed to have been allotted to serve the state of madhya pradesh, under the provisions of section 115 of the state reorganisation act, 1956, and continued in the service of the new state'. rule 4 of the rules lays down:--''subject to the provisions contained in rule 7, the ..... pav) rules, 1954.3. before dealing with the petitioner's contention it is necessary to state that the new state of madhya pradesh formed by the states reorganisation act, 1956 comprised of certain districts of the old state of madhya pradesh, the state of former madhya bharat, the territories of the former vindhya pradesh and the .....
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