Madhya Pradesh Court November 1959 Judgments
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Ahmedali S/O. Asadali Khan and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-20-1959
Reported in: AIR1960MP282
ORDERH.R. Krishnan, J.1. All these petitions are on identical grounds against the State Government, by six different grantees of certain uncultivated forest lands, the uncleared portions of which have been resumed by Government after notice to show cause, by orders passed on 27-10-1956. The grounds were that the grantees have violated the conditions of the grant, and it had been further expressly specified that such violation should lead automatically to the cancellation of the grant by Government, and the taking over of the land, and the realization, according to the procedure for arrears of lands revenue, of the value of the produce, if any collected by the defaulting grantees.The Government has, however, given these grantees, such areas or patches as had alreadybeen cleared and made cultivable. It is also not allege that any sums have been realised according to the last condition. The prayer is for the issue of appropriate writs or directions, directing the State Government to withd...
Moti Miyan Vs. Commissioner, Indore Division and ors.
Court: Madhya Pradesh
Decided on: Nov-19-1959
Reported in: AIR1960MP157; 1960CriLJ613
Dixit, C. J. 1. By this application under Articles 226 and 227 of the Constitution of India the petitioner moves for the issue of a writ of certiorari for quashing an order of the District Magistrate, Nimar, refusing to renew for the year 1958 the gun licence held by the petitioner and for quashing the order of the Commissioner, Indore Division, upholding the order of the District Magistrate. The petitioner also seeks a writ of mandamus to the District Magistrate, Nimar, forthe renewal of his gun licence for the year 1958 and subsequent years.2. The petitioner states that he comes of a very ancient, respectable and loyal family of Nimar; that ever since 1935 right up to 30-3-1957 he held a gun licence; and that in 1957 when he again applied for the renewal of the licence under Rule 41 of the Indian Arms Rules, 1951, the District Magistrate of Nimar without holding any enquiry and without giving him an opportunity of hearing refused to renew the licence by an order dated 27-4-1957. Acco...
Nathuram Kashiram Vs. State Government of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-17-1959
Reported in: AIR1962MP367
ORDERN.M. Golvalker, J.1. This is a revision petition by the plaintiff against the finding recorded by the Court of 1st Civil Judge, Harda, in civil suit No. 15-B of 1958 whereby theplaintiff was ordered to pay ad valorem court-fees orRs. 9075/-. The plaintiff-applicant challenges, the findingin this revision petition.2. The order in this civil revision will also govern the disposal of civil revision No. 41 of 1959 which arises out of a similar suit but involving an amount of Rs. 6300/-only and relating to separate surety bond.3. The plaintiff had stood surety for one jagatram who had taken certain forest contract from the defendant State. The said contractor having committed defaults in observing the terms and conditions of the forest, lease the State Government proceeded to recover Rs. 9075/- from the plaintiff-surety. The plaintiff filed a suit against the State Government challenging the right of the State Government to recover the amount from him. His contention was that as the St...
Managing Director of Pasari Mills Ltd. Vs. Sardarmal Amolakchand
Court: Madhya Pradesh
Decided on: Nov-16-1959
Reported in: AIR1960MP175
Shiv Dayal, J. 1. The only question in this second appeal is whether the respondent's suit was within time. 2. The material allegations in the plaint were that on 8-11-1947, the respondent delivered to the appellant 95 bags of barley weighing 214 Maunds 21 seers for separation of chaff. On 6-12-1947, the appellant returned to the plaintiff 62 bags only (weighing 155 Maunds). On separation, the chaff, which was to be returned, should have been 42 maunds 36 seers. This whole quantity of chaff and the remaining 16 maunds 25 seers of barley were not returned to the plaintiff in spite of demands by notices. The suit was instituted on 16-7-1951. 3. The trial Judge held that the suit was within limitation and, in the result, passed a decree for Rs. 537/6/3 and interest. 4. The learned Additional District Judge upheld the findings as regards limitation. It is not mentioned in their judgments which articles were relied on by the courts below. It seems that there was some discussion before the f...
Mohanlal Ramsingh Thakur Vs. Chief Executive Officer, Corporation
Court: Madhya Pradesh
Decided on: Nov-13-1959
Reported in: AIR1962MP17
ORDERS.B. Sen, J. 1. This is an application by the applicant against his conviction under Section 16 of the Prevention of Food Adulteration Act, 1954, and the sentence of fine of Rs. 50.2. The facts of the case are that on 27-12-1956, the Sanitary Inspector, Shri Gujrathi, purchased milk from the applicant. On test, the milk was found to be adulterated. The applicant was, therefore, prosecuted and convicted as stated above. The points that have been raised in this case are:1. that the taking of the sample from the applicant-accused was against Article 20(3) of the Constitution;2. that no sanction has been obtained as required by Section 20 of the Prevention of Food Adulteration Act; and3. that a proper complaint was not filed.3. The facts found by both the Courts below are that the milk that was tested was the milk belonging to the applicant and that it was found to be adulterated.4. Regarding the point about Article 20(3) of the Constitution, the matter is absolutely clear. Article 20...
Jagat Prasad Pathak Vs. the Assistant District Officer of Sales Tax
Court: Madhya Pradesh
Decided on: Nov-09-1959
Reported in: [1960]11STC64(MP)
ORDERP.V. Dixit, C.J.1. This petition under Article 226 of the Constitution of India is for the issue of a writ of certiorari to quash the petitioner's assessment to sales tax for the period from 1st October, 1955, to 31st March, 1958, under the C.P. and Berar Sales Tax Act, 1947, as extended to Vindhya Pradesh.2. The material facts are as follows: The petitioner is doing the business of purchase and sale of cement at Satna. During the assessment year 1955-56 his turnover of the sale of cement was Rs. 20,979-14-3 and the total sales tax payable by him was Rs. 642-8-3. After deducting the amount of tax already paid by him at the time of the purchase of the cement, viz., Rs. 533-1-9, the balance which remained due from him was Rs. 109-6-6. The difference between the sales tax paid at the time of the purchase of cement and the tax payable after its sale was due to the addition by the petitioner of transport charges to the sale price. Similarly, in the next two years the extra amount of sa...
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