Madhya Pradesh Court January 1957 Judgments
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G.R. Kulkarni Vs. the State
Court: Madhya Pradesh
Decided on: Jan-16-1957
Reported in: AIR1957MP45; [1957]8STC294(MP)
1. This is a reference under Section 23 (1) of the Madhya Pradesh Sales-tax Act by the Board of Revenue. The following questions have been referred for the opinion of this Court:'(1) Whether the quarrying and breaking of boulders into stone is manufacture within the meaning of Section 2 (i) (a) of the Act? (2) Whether on the facts of the case the transactions are taxable sales within the meaning of Section 2 (a) of the Act?' 2. For the purposes of answering these Questions a few facts have to be narrated. The assessee is one G. R. Kulkarni. He is a railway contractor, who takes on contracts the digging and preparing of gitti (metal) and collecting it at the railway sidings according to his contracts and who sells this metal for constructions of roads and as ballast etc. The short question, therefore, is whether the breaking of boulders into metal (gitti) is a process of manufacture.3. We may mention that the case arose before the passing of Act 20 of 1953, which introduced a section de...
Rajendarkumar Chandanmal Vs. Government of State and ors.
Court: Madhya Pradesh
Decided on: Jan-16-1957
Reported in: AIR1957MP60
ORDERNewaskar, J. 1. This is a Petition under Article 226 of the Constitution of India for the issue of writs of quo-warranto and prohibition submitted by one Rajendrakumar Jain of Ujjain, claiming to be a bona fide resident of the State of Madhya Pradesh and a candidate for membership of the Senate of the Madhya Bharat Vikram University, against the State of Madhya Pradesh, the Government of Madhya Pradesh, the Chancellor, the Vice-Chancellor, the Registrar, Assistant Registrar and Dr. Boolchand, Special Officer of the Madhya Bharat Vikram University. 2. The petitioner's allegations are that the legislature of erstwhile State of Madhya Bharatpassed an Act known as Madhya Bharat VikramUniversity Act, No. 18 of 1955 and the said Act received the assent of Rajpramukh on 17-6-1955, that this Act, which was published in the Madhya Bharat Government Gazette dated 25-6-1955, by Section 1 Sub-section (2) provided ''it shall come into force on such date as the Government may, by notification i...
Badrul Shama Vs. Custodian of Evacuee Property and anr.
Court: Madhya Pradesh
Decided on: Jan-12-1957
Reported in: AIR1957MP32
Samvatsar, J.1. One Haji Mohammad, S/o, Haji Suleman, now deceased, was owner of a concern known as 'British India Motor Car Company' and carried on business at 66, Maharani Road, Indore. Besides the business, he also owned considerable movable and immovable property including four houses described in para. 1 of the petition. Haji Mohammad died sometime during the year 1949, leaving behind several heirs including the petitioner.2. On 21st September, 1949, the Custodian of Evacuee Property found that Haji Mohammad, S/o. Haji Suleman was an evacuee within the meaning of Ordinance No, 56 of 1949 and notified his business, viz., 'British India Motor Car Company' to have vested in the Custodian.3. By a further notification dated 21-11-1949 he also notified the four houses described in para. 1 of the petition to be evacuee property and to have vested in the Custodian.4. On 13-10-1949 the petitioner Badrul Shama and her sister Rabia Banu submitted objections to the Custodian against the prope...
Sureshchandra Vs. Gangabai
Court: Madhya Pradesh
Decided on: Jan-11-1957
Reported in: AIR1958MP26
Hidayatullah, C.J.1. This second appeal is by the plaintiffs whose suit for a permanent injunction was dismissed in the Court of appeal below. In the trial Court the plaintiffs has succeeded.2. The appeal in the Court below was decided only on one point, viz., that the plaintiffs had no right of suit. The plaintiffs belong to the Bengali Community, though they have not sued in a representative capacity. One Babu Sharda Kumar Mukerji made a will (Exhibit P-4) in 1939, by which he left his house and other property absolutely to his daughter In the house it was customary to instal at Dasehra the image of Debi, and this right was continued to the Bengalis of Sagar, unless it was abandoned for five years.3. The defendant constructed two doors towards the western side of her house, and it was alleged she started using the land appurtenant to the house where the Debi is installed as a passage. She also constructed drains and nabdans and used the passage for the sweeper. The suit was filed for...
Bhagobai Vs. Bhaiyalal and ors.
Court: Madhya Pradesh
Decided on: Jan-10-1957
Reported in: AIR1957MP29
Hidayatullah, C.J.1. This appeal is by the first defendant Bhagabai, whose relationship with the respondents is shown in the following genealogy: NIHALSA (d) _________________________________________|___________________________ | | |Krishnasa (d) Hirasa (d) = Mst. Nathibai (plff. 1) Raghunath (d) = Mst. Gahenabai (d) | ___________|____________________ | | | | | Bhagwatibai | Pandharinath Kaluram Bahiyalal (deft. 1) | (d) (deft. 2) (plff. 2) |_____________________ | _________________|_________________ | | | Athuralal Babulal Chhujjalal2. The suit concerns the possession of an occupancy field No. 79 of mouza Boradia Mundi, tahsil Khandwa, district Nimar. It appears that in the family of Nihalsa there was a partition and the eldest son Krishnasa separated, while theother two sons Hirasa and Raghunath continued Joint. This, in effect, is the finding of the lower appellate Court, and it was not challenged before me. Afterwards there was a suit in 1942 between Hirasa on the one hand and Mst....
S.C. Mukerji and anr. Vs. Smt. Gangabai
Court: Madhya Pradesh
Decided on: Jan-09-1957
Reported in: AIR1957MP44
Hidayatullah, C.J.1. This second appeal is by the plaintiffs whose suit for a permanent injunction was dismissed in the Court of appeal below. In the trial Court the plaintiffs had succeeded.2. The appeal in the Court below was decided only on one point, viz., that the plaintiffs had no right of suit. The plaintiffs belong to the Bengali community, though they have not sued in a representative capacity. One Babu Sharda Kumar Mukherji made a will-- (Ex. P/4 in 1930), by which he left his house and other property absolutely to his daughter.In the house it was customary to instal at Dasehra the image of Debi, and this sight was continued to the Bangalis of Sagar, unless it was abandoned for five years.3. The defendant constructed two doors towards the Western side of her house, and it was alleged she started using the land appurtenant to the houpa where the Debi is installed as a passage. She also constructed drains and nabdans and used the passage for the sweeper. The suit was filed for ...
Hamerkunwarbai Vs. State
Court: Madhya Pradesh
Decided on: Jan-09-1957
Reported in: 1957CriLJ672
ORDERNevaskar, J.1. Accused Hamerkunwarbai was prosecuted along with accused Bahadursingh for an offence under Section 33 of the Madak Dravya Vidhan. Tile case was being tried as a summons case. An application was submitted on behalf of Hamerkunwarbai for being allowed to appear by her pleader.2. This application was not entertained by the learned Magistrate on the ground that the plea of the accused was to be recorded. He held that the application for her being allowed to appear by a pleader would be considered after recording her plea.3. A petition for revision of this order was filed in the Court of the Additional Sessions Judge Mandsaur who relying upon the decision Champa Devi v. Babulal Goenka : AIR1950Cal161 , held that it was competent for the learned Magistrate to record the plea of the accused by putting questions to her counsel and that it was not necessary for that purpose to enforce her attendance. He has therefore made this reference recommending that her presence at this...
Ambaram Kaluram Kulmi Vs. Gumansingh Ramji and anr.
Court: Madhya Pradesh
Decided on: Jan-07-1957
Reported in: AIR1957MP58; 1957CriLJ759
Dixit, J.1. This petition under Article 227 of the Constitution of India is directed against a decision, of the Additional Sessions Judge, Ujjain, setting aside the convictions and sentences under Sections 504 and 506, I. P. C. of the opponents Gumansigh and Kaluram and acquitting them of the offences.The opponents were convicted by the Nyaya Panchayat of Makdon on a complaint filed by the petitioner Ambaram under Section 75 of the Madhya Bharat Panchayat Vidhan, 1949. That section and Section 76 confer jurisdiction on Nyaya Panchayats to try certain offences under the Penal Code and under other Acts, limiting the power of the Nyaya Panchayat in the matter of punishment to a fine not exceeding Rs. 100/-. A Nyaya Panchayat under the Act is not competent to sentence any person convicted for any of the offences specified in Section 75 to imprisonment.A Nyaya Panchayat cannot also try persons mentioned in Section 80 and, under Section 83 it cannot entertain any complaint with regard to the...
Babulal Shukla Vs. Shivpratapsingh
Court: Madhya Pradesh
Decided on: Jan-05-1957
Reported in: AIR1957MP152; 1957CriLJ1137
Samvatsar, J. 1. Facts giving rise to this petition are as follows: In the month of March, 1956 the petitioner was being prosecuted in the Court of the Additional City Magistrate, Indore, for an offence under Section 307, I.P.O. The police had also instituted proceedings against the petitioner under Section 110, Cr. PC and that, case was also pending before the Additional District Magistrate, District Indore.2. On 18th March, 1956 during the pendency of these proceedings, there appeared a news item in 'Nav Prabhat' a daily newspaper published from Indore. The news item was on the front page of the paper and the head lines printed in block letters were as follows:--ckcw 'kqDyk lekt ij dyad gSfeys gq, iqfyl vf/kdkfj;ksa dks ekQh ughafeysxh x`g ea=h Jh nhf{kr dh ?kks'k.kk3. It is then suggested in the news item that certain police officers were mixed up with the petitioner and had failed to bring him to book; that the Home Minister had therefore deputed a conscientious police officer as D...
Ramnarayan Maluram and anr. Vs. Vishnu Krishnarao and ors.
Court: Madhya Pradesh
Decided on: Jan-04-1957
Reported in: AIR1957MP20
Dixit, J. 1. In these two petitions under Articles 226 and 227 of the Constitution of India, the applicants apply for an order of certiorari to bring up and quash a decision of the District Judge, Indore, setting aside the election of the opponents Ramnarayan Maluram and Babulal Keshoram to the Cantonment Board from Ward No. 4, Mhow, and directing a fresh election. 2. The election to the Cantonment Board was held in 1954. The petitioners Ramnarayan and Babulal and the opponents Vishnu Krishnarao Kelkar and Ramchandra Narayan were candidates for election to the Board from Ward No. 4. Two persons were to be elected from this ward, one for filing the general seat and the other for a seat reserved for the scheduled caste. The nomination papers of Vishnu Krishnarao Kelkar and Ramchandra Narayan were rejected by the Returning Officer at the time of scrutiny. The opponent Triyoginarayan also filed a nominationpaper, which was rejected. Ramnarayan Maluram and Babulal Keshoram being the only ca...
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