Madhya Pradesh Court April 1958 Judgments
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Maganlal Radhakishan Bagdi Vs. Hari Vishnu Kamath
Court: Madhya Pradesh
Decided on: Apr-25-1958
Reported in: AIR1960MP362
Bhutt, J.1. This is an appeal under Section 116A of the Representation of People Act, 1951 (hereinafter galled the Act), against the order of the Election Tribunal, Jabalpur, declaring the appellant's election to the House of the People to be void under Section 98, read with Section 100(1)(b), of the Act.2. The appellant, Maganlal Bagdi, and the respondent, H. V. Kamath, were candidates for election to the House of the People from the Hoshan-gabad Parliamentary Constituency in Madhya Pradesh in the last general election. The appellant was a candidate on behalf of the Congress Party and the respondent, on behalf of the Praia Socialist Party. Polling was held on the 25th February and the 4th March, 1957, and Votes were counted on the 14th and 17th March, 1957. Since the appellant secured 84532 votes as against 59374 votes secured by the respondent, the former was declared to be duly elected on the 17th March 1957.3. The respondent challenged the appellant's election on various grounds by...
The State of Madhya Pradesh Vs. Ladli Saran Sinha
Court: Madhya Pradesh
Decided on: Apr-24-1958
Reported in: AIR1958MP326; (1959)ILLJ41MP
P.V. Dixit, J. 1. This is an appeal from a decision of the District Judge of Bhopal upholding the decree of the First Sub-Judge of Bhopal declaring that the suspension and removal of the plaintiff-respondent from the service of the former Bhopal State was illegal, ultra vires and inoperative and that the plaintiff-respondent still continued to be in service and in the post and cadre which he held at the time of his suspension. 2. The material facts are that the plaintiff entcred the service of the former Bhopal State in 1948. After working in various capacities, he was appointed as a Superintendent in the Home Department on 14-6-1952. In' August 1952, the Bhopal Government received a report that the respondent Ladli Saran had misbehaved with one Miss Nirmala Kumari on 21-8-1952 at the Laxmi Talkies in ,Bhopal. On receipt of this report, the Chief Commissioner made an order on 24-9-1952 suspending Ladli Saran and directing that an inquiry be made into the conduct of Ladli Saran by the C...
Shaikh Abdul Kadar Vs. the Income Tax Officer
Court: Madhya Pradesh
Decided on: Apr-23-1958
Reported in: AIR1959MP101
ORDER1. This petition under Article 226 of the Constitution of India has been filed by one Shaikh Abdul Kadar son of Shaikh Shakir Hussain (deceased), challenging a notice under Section 34 of the Indian Income Tax and the assessment proposed to be made on the basis of that notice. 2. The facts of the case are as follows. One Shaikh Shakir Hussain Abdul Kadar was carrying on the business of Kattha. He died on 23rd September 1947. Previous to his death, he was assessed as an individual. After his death, his three sons and one daughter inherited his property in specified shares but they continued as an 'association of persons' and were assessed in subsequent years as such. The notice in question was issued by the Income Tax Officer purporting to be under Section 34 of the Income Tax Act on 23rd March 1957, asking for a return of the income for assessment year 1948-49. The notice was addressed to 'Shri Shakir Hussain, Abdul Qadir, Damoh'. It was not delivered to any person but was affixed ...
K.S. Nazar Ali Mills Ltd. Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Apr-23-1958
Reported in: AIR1958MP282; [1959]10STC117(MP)
ORDERP.V. Dixit, J.1. This reference under Section 13(1) of the Madhya Bharat Sales Tax Act, 1950, has come up before me for hearing on a difference of opinion having arisen between my learned brothers Newaskart., and Samvatsar J., who first heard the reference, The facts and circumstances in which the reference has been made, have been stated in the opinion expressed by my learned brothers. It is not necessary for me to repeat all these facts & circumstances. The relevant facts, however, can be very shortly stated. Section 11 of the Madhya Bharat Sales Tax Act gives a right of appeal to an assessee against any assessment or order of refund or penalty to the prescribed authority.It also prescribed the form in which an appeal is to be preferred, the procedure for its hearing, limitation for filing an appeal, the powers of the appellate authority and inter alia says that every order passed in appeal under the Section shall, 'subject to the powers of revision conferred by Section 12 of th...
Bhojraj Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-23-1958
Reported in: AIR1958MP286
ORDER1. This case comes before the Division Bench on a reference by Bhutt, J. The facts of the case sufficiently appear from the order of reference and need not be stated again. The reference involves consideration of two questions. They, are as follows : (i) Whether the State Government should be directed to issue another notification empowering any particular class of Judges to entertain thesepetitions? (ii) Whether, even if this is now done, the petition in question would not be barred by limitation if it is hereafter presented before a duly constituted authority? 2. Under Section 20-A (2) of the Central Provinces and Berar Municipalities Act, 1922, an election petition is to be presented to the District Judge or Additional District Judge or to a Civil Judge especially empowered by the Provincial Government is this behalf. The first question i^ whether the special empowering is to be only of the Civil Judge or also of the District Judge and the Additional District Judge. The second...
Municipal Committee Vs. Ramkaran Ganeshilal
Court: Madhya Pradesh
Decided on: Apr-23-1958
Reported in: AIR1958MP355
B.K. Chaturvedi, J. 1. An issue has been framed about the necessity of a notice under Section 80, Civil Procedure Code, before the filing of the present suit. It is not disputed that the Municipality had been superseded and an Administrator appointed. Probably the attention of the Court below was not drawn to Tikaram Vithoba v. Municipal Committee, Sindi, 1954 Nag LJ 683 (A) which lays down that after supersession of a Municipal Committee under Section 57 (2) of the C. P. and Berar Municipalities Act, the committee is wholly out of picture and Section 48 of the Municipalities Act does not apply to a Municipal Committee which is rendered dormant by its supersession; but that Section 80 of the Civil Procedure Code will apply as the property of the Committee vests in the State. This ruling was binding on the Court below. 2. The above decision of Mndholkar J. seeks to extend the principle enunciated in the Division Bench decision reported in Damodar Tukaram Mangalmoorti v. Municipal Commit...
Mushat Cloth Stores Vs. Shivratan
Court: Madhya Pradesh
Decided on: Apr-23-1958
Reported in: AIR1958MP320
ORDERP.V. Dixit, J. 1. This is a petition to revise an order passed by the Additional Civil Judge, Second Class, Ratlam, directing the plaintiff-applicant to produce in the Court his account books for the last ten years for inspection and determination of the question whether the amount claimed by the plaintiff from the defendant includes excess interest and compound interest. 2. The plaintiff's suit is for the recovery of Rs. 601/- said to have been acknowledged by the defendant 'as due from him after taking an account of the dealings between the parties with regard to purchases of cloth from time to time. The pleaof: the defendant inter alia is that the sum acknowledged by him included excess interest and compound interest and that the accounts were not explained to him. On these pleadings of the parties, the lower Court framed an issue as to whether the amount of Rs. 601/- included a sum in the neighbourhood of Rs. 300/- by way of interest and whether the defendant's signature on th...
Shaikh Abdul Kadar Vs. Income-tax Officer, Sagar.
Court: Madhya Pradesh
Decided on: Apr-23-1958
Reported in: [1958]34ITR451(MP)
This petition under article 226 of the Constitution of India has been filed by one Shaikh Abdul Kadar son of Shaikh Shakir Hussain (deceased), challenging a notice under section 34 of the Indian Income-tax Act and the assessment proposed to be made on the basis of that notice.The facts of the case are as follows. One Shaikh Shakir Hussain Abdul Kadar was carrying on the business of Kattha. He died on 23rd September, 1947. Previous to his death, he was assessed as an individual. After his death, his three sons and one daughter inherited his property in specified shares, but they continued as an 'association of persons' and were assessed in subsequent years as such. The notice in use in was issued by the Income-tax Officer purporting to be under section 34 of the Income-tax Act on 23rd March, 1957, asking for a return of the income for assessment year 1948-49. The notice was addressed to 'Shri Shakir Hussain, Abdul Qadir, Damoh'. It was not delivered to any person but was affixed to the ...
Gulsher Ahmed Vs. the Election Tribunal, Chhatarpur and ors.
Court: Madhya Pradesh
Decided on: Apr-18-1958
Reported in: AIR1959MP108
1. This is an application for extension of time under the proviso to Sub-section (3) of Section 116A, of the Representation of the People Act (hereinafter the Act) in this appeal, which has been admittedly filed late. 2. The facts of the case are as follows : The election petition was dismissed by the Tribunal under Section 90(3) for non-compliance with the provisions of one of the sections mentioned therein. The present appellant filed a petition under Articles 226 and 227 of the Constitution challenging that decision. It was held by a Division Bench, of which one of us (Chief Justice) was a member, that an appeal lay against the order under Section 98 read with Section 90 (3) of the Act. There being an alternative remedy available, the petition was ordered to be dismissed: Gulsher Ahmad v. Election Tribunal, Chhatarpur, 1958 MPLJ 150 : (AIR 1958 MP 224). 3. Before the order of the Division Bench was signed, the present appeal was filed, together with a prayer for extension of time an...
Chunnilal Ken Budha Ram Vs. Shri Radhacharan Baldeo Prasad and ors.
Court: Madhya Pradesh
Decided on: Apr-17-1958
Reported in: AIR1958MP313
ORDER1. This is a petition under Article 226 of the Constitution against an order dated 30-9-1957 passed by the Election Tribunal, Gwalior, in Election Petition No. 433 of 1957. By this order the Election Tribunal decided six preliminary issues. Issues Nos. 5 and 6 arc subject of the impugned decision. They are as follows: '(5) Does the petition lack in concise statements of facts and is vague and meaningless, as shown in para 6 of the written statement, if so what is the effect? (6) Whether the petition docs not set forth full particulars of corrupt practices as mentioned in para 7 of the written statement; if so what is the result.' As a result, paragraph 10 (b), (c), (d) and (e) of the petition along with the particulars relevant thereto and parts 2 and 3 of list G were ordered to be struck off. 2. It is contended that after the amendment of the Representation of the People Act in 1956 the Election Tribunal cannot order better particulars and cannot strike off pleadings. All that i...
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