Madhya Pradesh Court April 1960 Judgments
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Purshottam Das Dulichand Zargar and anr. Vs. Board of Secondary Educat ...
Court: Madhya Pradesh
Decided on: Apr-30-1960
Reported in: AIR1962MP3
Dixit, C.J. 1. In this petition under Article 226 of the Constitution of India the applicant Purshottam-das seeks a writ of mandamus directing the opponents to permit him to appear for the examination conducted by the Board of Secondary Education for the Higher Secondary School Certificate (hereinafter referred to as Pre-University Examination) this year.2. This petition was filed a few days before the commencement of the examination. We were anxious that the petition should be heard and disposed of before the examination began. But as the respondents were not prepared to address arguments within the short time at their disposal, they rightly agreed to allow the applicant to appear for the examination on the condition that the result of his performance in the examination would not be disclosed in the event of this petition failing. The examination has now been held, and the question for determination is whether the opponents' refusal to permit the applicant to appear for the examinatio...
Shyamlal Lachman Vs. Umacharan Ramdulare Tiwari
Court: Madhya Pradesh
Decided on: Apr-30-1960
Reported in: AIR1961MP49
Dixit, C.J. 1. This reference arises out of second appeal No. 33 of 1959. The questions that arise for determination in this reference lie within a very narrow compass. They are: whether in a suit pending on the date of commencement of the Madhya Pradesh Accommodation Control Act, 1955, a decree for eviction can be passed except on one or more of the grounds mentioned in Section 4(2) of the Act; whether a decree for eviction obtained before 1st January, 1959 can be executed against a tenant so long as the Act is in force except on any of the grounds mentioned in Section 4; and whether a person whose tenancy has come to an end before the commencement of the Act is a tenant for the purposes of the Act and can claim the protection given under the Act. As the question whether a person whose tenancy has been determined is a tenant within the meaning of the Act, has been decided directly by a Division Bench of this Court in Bankelal v. Sant Sharan, 1959 MP LJ 589, and the correctness of that...
Akhtar Abbas Vs. Asst. Collector, Central Excise and ors.
Court: Madhya Pradesh
Decided on: Apr-30-1960
Reported in: AIR1961MP353
Pandey, J.1. This is a petition under Article 226 of the Constitution for a writ of certiorari to quash or set aside certain notices issued by the respondents for the recovery of excise duty payable under the Central Excises and Salt Act, 1944 (hereinafter called the 'Act) and also for a writ of mandamus Or other suitable writ, direction Or order requiring them not to give effect to those notices or to take other steps for fresh levies.2. The petitioner has been manufacturing what is called French Polish and carrying on business in the name and style of Nadra Chemical and Pharmaceutical Works, of which he is the sole proprietor. It is not now disputed before us that the French Polish manufactured by the petitioner is a clear liquid giving test for denatured ethyl alcohol leaving a non-volatile residue, which on test is found to contain resin and shellae. It does not contain any pigment or nitro-cellulose and leaves, when coated on a plate of glass and left for sometime a transparent, a...
Gwalior Rayon Silk Manufacturing (Weaving) Co. Ltd. Vs. the Union of I ...
Court: Madhya Pradesh
Decided on: Apr-30-1960
Reported in: AIR1960MP330; [1961]43ITR184(MP)
Dixit, C.J.1. By this application under Article 226 of the Constitution of India, the petitioner Company prays for the issue of an appropriate writ or direction restraining the opponents from making any assessment under the Indian Income-tax Act and from levying or collecting income-tax from the Company for a period of twelve years from June 1949 in respect of income of the Weaving Division and for a period of twelve years from February 1954 in respect of the income of the Staple Fibre Section of the petitioner-Company.2. The events leading to the supplicant's claim for exemption from taxation are that in order to promote the industrial development of the former Gwalior State and to facilitate the establishment of certain industries in the State, the Maharaja of Gwalior on the recommendation of his Minister for Industries, Commerce and Communications, made an order on 18-1-1947 exempting from any form of taxation for a period of twelve years the income of certain industries and factori...
Bhawarlal Vs. Mathura Prasad
Court: Madhya Pradesh
Decided on: Apr-29-1960
Reported in: AIR1962MP141
Tare, J.1. This appeal is by the first defendant against the preliminary decree, dated 31-12-1959, for dissolution of an unregistered partnership and accounts passed by Shri B.R.L. Shivastava, First Additional District Judge, Bhopal in Regular Civil Suit No. S-B of 1959.2. The Central India Bidi Works Begumganj, a bidi manufacturing business, was being run by the appellant and the second respondent, Laxmichand, who is related to him as a family business, till the year 1946. On 14-8-1946, the plaintiff-respondent 1, Mathuraprasad was introduced as a partner and a deed of partnership of the same date (Ex- P-1) was executed between the three partners. However, the partnership was not registered under the Indian Partnership Act. The business was carried on in partnership till Diwali of the year 1954 according to the appellant.3. The first respondent's allegation in the plaint was that the partnership was never dissolved; and, as such, he filed a suit on 10-5-1928 for dissolution of the unr...
Mohanlal Raghunath Prasad Vs. Diwan Lachhman Singh and anr.
Court: Madhya Pradesh
Decided on: Apr-29-1960
Reported in: AIR1960MP397
Shiv Dayal, J. 1. This appeal arises out of a suit for the recovery of damages for malicious procecution. Defendant No. 2 -- Bala Shai had made a complaint against the appellant on the basis of which he was prosecuted under Sections 419 and 39D of the I. P. C. The result of that prosecution was that the appellant was discharged. The plaintiff's case is that the prosecution was malicious and in consequence he is entitled to damages. Bala Sahai was the Mukhtar Am and Karinda of Diwan Laxman Singh, who was made the first defendant. Both the defendants resisted the suit.2. The trial Judge passed a decree for Rs. 500/5/9 against defendant No. 2 but dismissed the suit against defendant No. 1. From that decree of the first Court, the second defendant preferred an appeal for the dismissal of the suit while the plaintiff took a cross-appeal to the District Judge for a decree to be passed in his favour against the first defendant also.3. The learned District Judge, Gwalior, allowed the appeal pr...
Shivrajsingh and ors. Vs. Gaurishankar Baldeo Prasad and ors.
Court: Madhya Pradesh
Decided on: Apr-28-1960
Reported in: AIR1961MP147
Shiv Dayal, J.1. Gaurishankar instituted a suit against Ochhkai defendant No. 1, Vijaysingh, defendant No. 2, Shivrajsingh, defendant No. 3, Bhagwant-singh defendant No. 4, and Ajabsingh defendant No. 5 for declaration of title to a Khander and for possession. The Civil Judge passed a decree in favour of the plaintiff. Ochhkai, Shivrajsingh, Bhag-wantsingh and Ajabsingh preferred an appeal against Gaurishankar. Vijay singh was made a respondent.2. During the pendency of the appeal, Ochhkai died on May 23, 1956. An application was made under Order 22, Rule 2 of the Code of Civil Procedure by Shivrajsingh, Bhagwantsineh and Ajabsingh, stating the fact of the death of their father, Ochhkai, and informing that they were his legal representatives and were already on the record. Gaurishankar raised on objection that since the deceased had left a surviving widow and a daughter the appeal could not proceed in their absence. Theywere necessary parties and since the prescribed time had expired t...
Smt. Tejabai W/O Babulal Vs. Gram Panchayat and ors.
Court: Madhya Pradesh
Decided on: Apr-27-1960
Reported in: AIR1960MP316
T.C. Shrivastava, J.1. This misc. appeal has been filed by the plaintiff against the decision of the Additional District Judge, Narasimhapur, dated 31-12-1.959, by which he has returned the plaint for presentation to the proper Court under Order 7, Rule 10, C. P. C.2. The respondent No. 1, Gram Pranchayat, Kaudia, held a decree against respondent No. 2, Dattulal, in execution of which he attached a house, The appellant Smt. Tejabai filed an objection under Order 21, Rule 58, C. P. C. On 18-9-1959, that objection was dismissed. The market value of the house in suit is Rs. 15,000/- according to the plaint. It was attached under a decree for Rs. 7,500/-. The respondent No. 3 Mulamchand is the vendor of the plaintiff.3. After the dismissal of the objection, the plaintiff brought the present suit impleading the decree-holder, the judgment-debtor and her vendor. The prayer in the plaint is as follows:'(a) The order, dated 18-9-1959 in Misc. Case No. 38 of 1959, of the Court of 2nd Civil Judg...
Smt. Rewa Widow of Dhondu Singh Vs. Galharsingh Kanhaisingh and ors.
Court: Madhya Pradesh
Decided on: Apr-26-1960
Reported in: AIR1961MP164
1. The appellant is the widow or one Dhondusingh who had filed a civil suit for partition and separate possession of his 1/6th share in that which he alleged to be his coparcenary property. The suit was decreed by the trial Court. On appeal, the District Judge, Chhindwara, set aside that decree and dismissed the suit. Hence this appeal.2. The claim of Dhondusingh was based on the fact that Chindhusingh, his father, was born of a lawful marriage between Kanhaisingh, an admitted coparcener of the joint Hindu family and one Jamna and that the question of the validityof the said marriage was also res judicata by reason of the decision in second appeal No. 225 of 1907 dated 30-8-1907 (Ex. P-2). The defendants who were the other members of the joint family contested the suit on various grounds. They denied the legality and validity of the marriage between Kanhaisingh and Jamna, as also the fact that the question was res judicata as alleged.They further pleaded that even if the plaintiff were...
Nilkanth Bhawe Vs. Gopaldas and anr.
Court: Madhya Pradesh
Decided on: Apr-26-1960
Reported in: AIR1963MP230
Shiv Dayal, J.1. This appeal arises out of a suit for declaration of title and other reliefs in respect of an open space called a lane and the right to discharge water therein as also in respect of certain walls. An injunction was also prayed for. The suit was resisted by the defendant, who denied all the allegations of the plaintiffs.2. The houses of Gopaldas, plaintiff No. 1 and Champabai plaintiff No. 2 are adjoining each other and they are separated by a narrow lane from the defendant's house. A sketch was filed with the plaint and it is convenient to refer to the letters used in that sketch, The plaintiffs' case is that the walls AE, EF and FD, which are almost in continuation, belong to them that the lane demarcated by the letters EFHG is a joint property of the parties and the plaintiffs have a right to discharge water in that lane through five spouts in their houses and in the alternative, a right of easement is claimed for discharging water in the lane throughthe (sic)cts. The...
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