Madhya Pradesh Court February 1957 Judgments
Govindram Ramprasad Vs. Assessing Authority (Sales Tax) and anr.
Court: Madhya Pradesh
Decided on: Feb-28-1957
Reported in: AIR1958MP16; [1957]8STC407(MP)
ORDER1. This is a petition under Article 226 of the Constitution of India for a writ against the Sales Tax Department. The petitioner Messrs. Govindram Ramprasad is a registered partnership firm carrying on the business of selling petroleum products and kerosene at Indore. In the year 1952-53, the petitioner purchased from the Bombay office of the Burmah Shell Oil Storage and Distributing Company of India, Ltd., 5306 packed and sealed tins of kerosene.These tins were admittedly sold by the petitioner to its customers in the original packing. At first the Sales Tax Department did not include in the turnover of the petitioner the price realised from the sale of the tins because kerosene was not a taxable commodity within the meaning of the Act. Later, however, in 1956 a notice was served on the petitioner under Section 10 of the Madhya Bharat Sales Tax Act informing it that a certain portion of its turnover for the year 1952-53 had escaped assessment and that the assessment was to be rev...
Tag this Judgment!State Vs. Gokulchand
Court: Madhya Pradesh
Decided on: Feb-28-1957
Reported in: AIR1957MP145
Nevaskar, J. 1. This is an appeal filed on behalf of the State of Madhya Bharat against the order of acquittal passed by the Sub-Divisional Magistrate Khilchipur.2. Accused Gokulchand s/o Bhawarlal resident of Mouja Miana was prosecuted for an offence under section 3 read with Section 7 of the Essential Supplies (Temporary Powers) Act, 1948 for transporting two cart-loads of Jwar from Miana from Sarangpur Tehsil to Jirapur in Khil-chipur Tehsil on 19-5-1954 and thereby contravening Notification No. 132/29/170 (50) dated 5-1-1951 published in the Madhya Bharat Government Gazette dated 13-1-1951, issued by the Government of Madhya Bharat in exercise of its powers delegated to it under Section 4 of the Act.3. The learned Magistrate found that the accused had brought two cart-loads of Jwar from his village Miana, to Jirapur. He however acquitted the accused mainly on two grounds. Firstly, he held that the written charge-sheet submitted by the Police for taking cognisance of the offence did...
Tag this Judgment!Benimadhav Vs. State
Court: Madhya Pradesh
Decided on: Feb-28-1957
Reported in: AIR1957MP118
Newaskak , J.1. This is a petition under Article 226 of the Constitution submitted by petitioner Benimadhav s/o Brindaban Prasad of Gwalior for the issue of a writ of mandamus or certiorati against the State of Madhya Bharat and others.2. The petitioner was employed as a Patwari in Pargana Gird-Gwalior. There were certain complaints received by the Revenue Commissioner, Gwalior, against the petitioner. The Commissioner thereupon directed the Collector Gird by his letter dated 19-6-1953 to make inquiries regarding the conduct of the petitioner in making wrong entries in the village-records and in issuing wrong certificates regarding the entries in the Khasras. The Collector asked the Sub-Divisional Officer to make the inquiry who is his turn asked the Superintendent, Land Records to investigate the matter. The last mentioned Officer deputed Sardar Kanoongo to investigate. After the preliminary investigation, in which the petitioner was only partially afforded opportunity to take part a ...
Tag this Judgment!Hassankhan Mannookhan Vs. Sharda Charan Tiwari
Court: Madhya Pradesh
Decided on: Feb-28-1957
Reported in: AIR1957MP233
Bhutt, J. 1. This judgment shall also dispose of the connected appeals Nos. 271 to 274 of 1951, 692 of 1951 ana 159 of 1952. These appeals have been filed by the defendants against the decrees for possession and damages for use and occupation. 2. The defendants are holders of the shop in the Golbazar of Raipur, belonging to the plaintiff-respondent: Municipal Committee. The Courts below have negatived the contention of the defendants that they held the sites under a licence which became irrevocable on account of their constructing permanent structures thereon in pursuance of the licence. They held that the defendants were tenants from month to month and their tenancy was terminated by a valid notice. They negatived the allegation of the defendants in the appeals except appeal No. 692 of 1951, that the notice terminating the tenancy was waived by the Municipal Committee. In the end, they decreed the claim of the Committee for ejectment and for damages for use and occupation against all ...
Tag this Judgment!Shanti Swaroop Sharma Vs. B.R. Mandal and ors.
Court: Madhya Pradesh
Decided on: Feb-26-1957
Reported in: AIR1957MP122
ORDER1. Shri B. R. Mandlekar, counsel for the petitioner. Shri S.B. Sen, counsel for respondent No. 1 and Shri M.L. Shrivastava, counsel for respondents 3 and 9 present. Arguments completed.2. We proceed to pronounce our decision at the request of Shri Mandlekar. He says that reasons for our decision may be given later. We are of opinion that the petition is not maintainable in view of the provisions of Article 329(b) of the Constitution which is as follows:--'Notwithstanding anything in this Constitution ..... (b) no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature,' and the decision of the Supreme Court in N. P. Ponnuswami v. Returning Officer, Namakkal, AIR 1952 SC 64 (A). 3. The petition is dismissed with costs. Counsel's fee Rs. 100 if certified. T...
Tag this Judgment!Mst. Nighona Bai and anr. Vs. Raisingh and anr.
Court: Madhya Pradesh
Decided on: Feb-25-1957
Reported in: AIR1957MP222
Bhutt, J.1. This appeal was filed by the two plaintiffs, Mst. Nighona and Chandansingh. Mst. Nighona died during the pendency of this appeal and her legal representative was not brought on record. The decree appealed from is one of dismissal of the plaintiffs' claim to possession and damages.2. It was not disputed that Khasra No. 93/2 of mouza Samarboh belonged to Mst. Nighona and was given on batai to Chandansingh for the year 1949-50. Plaintiffs claimed that the defendants took possession of this field and removed the grass therefrom worth Rs. 100/-. They, therefore, instituted the suit for possession of the field and for recovery of Rs. 100/- as damages. The defence was one of denial of the plaintiffs' allegation that the defendants had dispossessed them and removed grass as alleged.3. The suit was decreed by the trial Court but was dismissed in appeal. It is contended that the appeal Court was in error in interfering with the trial Court's finding.4. It is no doubt true, as observe...
Tag this Judgment!Ramgopal Vs. Gopikrishna
Court: Madhya Pradesh
Decided on: Feb-25-1957
Reported in: AIR1957MP227
Dixit, J.1. This appeal arises out of an action brought by the respondent Gopikrishna against the appellants for damages in respect of injuries, to the plaintiff's house and articles consisting of medicines, clothes, etc. The plaintiff claimed damages to the extent of Rs. 5,247-8-0. The learned Civil Judge, Ujjain, who tried the suit, gave to the plaintiff's a decree for Rs. 3,000 only.2. The plaintiff Gopikrishna is the owner of a house situated in Ramji-ki-Gali at Ujjain. The defendants are the owners of an adjoining house situated to the west of the plaintiff's house. The walls of the two houses are contiguous touching each other lengthwise. The plaintiff alleged that the two adjoining houses, built independently but each on the extremity of its owner's soil, had lateral support from the soil on which the other house rested; that sometime in May and June 1943, the defendants employed some workers to pull down their house and reconstruct it; that in this work of reconstruction, the d...
Tag this Judgment!Trimbak Gopal Panchabhai Vs. Akola Education Society
Court: Madhya Pradesh
Decided on: Feb-20-1957
Reported in: AIR1957MP144
1. This appeal is by the plaintiff whose suit for damages for wrongful dismissal, which he placed at Rs. 700/- was decreed in the trial Court. On appeal it was held he was entitled to one month's salary in lieu of notice and the rest of the claim was dismissed. The learned Single Judge has confirmed the decision of the first appellate Court.2. The facts are as follows : The plaintiff was employed by the Akola Education Society, Akola. as a teacher, and his employment was to be from 15th June 1950 to 31st March 1951. The society issued an order, which is Ex. P-l, in which It was stated that he was employed on Rs. 70/-, with the usual C. C. L. A., with effect from 19th June 1950 till 3lst March 1951,On 29th August 1950 the President of the Education Society sent a letter to the plaintiff in which it was stated that in view of the financial situation of the school it was not possible for the management to continue his services as a teacher from 1st September 1950. In other words, two days...
Tag this Judgment!Thakurlal Shivprakash Vs. Income-tax Officer
Court: Madhya Pradesh
Decided on: Feb-19-1957
Reported in: AIR1957MP148
ORDERSamvatsar, J. 1. This is an application under Article 226 of the Constitution of India for the issue of a writ of certiorari to quash an order made on 30th August, 1852, by the Income-tax Officer of Ratlam Circle directing the recovery of the rebate on tax allowed to the petitioner on a sum of' Rs. 19501/- in the assessment year 1951-52. 2. The petitioner states that he is the Karta and Manager of a Joint Hindu family carrying on the business of mining manganese ore in Jhabua district; that the family shifted from Hinganghat (formerly in C. P. but now in Bombay State) to Jhabua sometime in 1949-50, and since then for the assessment year 1951-52 and subsequent years he has been treated as resident and ordinarily resident in Ratlam circle, which was a part of the former Madhya Bharat State; that in the assessment year 1951-52 his total income was determined at Rs. 53,225/- and he was treated as an assessee falling under Section 4 (1) of the Part B States (Taxation Concessions) Order...
Tag this Judgment!Thakural Poddar Vs. Income-tax Officer, Ratlam.
Court: Madhya Pradesh
Decided on: Feb-19-1957
Reported in: [1957]32ITR656(MP)
ORDERDIXIT, J. - The is an application under article 226 of the Constitution of India for the issue of a writ of certiorari to quash an order made on 30th August, 1952, by the Income-tax Officer of Ratlam Circle directing recovery of the rebate on tax allowed to the petitioner on a sum of Rs. 19,501 in the assessment year 1951-52.2. The petitioner states that he is the karta and manager of a joint Hindu family carrying on the business of mining manganese ore in Jhabua district; that the family shifted from Hinganghat (formerly in C.P. but now in Bombay State) to Jhabua some time in 1949-50, and since then for the assessment year 1951-52 and subsequent years he has been treated as resident and ordinarily resident in Ratlam circle, which was part of the former Madhya Bharat State; that in the assessment year 1951-52 his total income was determined at Rs. 53,225 and he was treated as an assessee falling under paragraph 4(1) of the Part B States (taxation Concessions) Order, 1950, and allo...
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