Madhya Pradesh Court November 1961 Judgments
State of Madhya Pradesh Vs. Dewas Biscuit Factory Dewas Etc.
Court: Madhya Pradesh
Decided on: Nov-29-1961
Reported in: AIR1963MP201; 1962MPLJ114
ORDERV.R. Newaskar, J.1. The State obtained a judgment against the Dewas Biscuit and Food Products Ltd., for costs and submitted an application for issue of certificate regarding non-payment of the cost& awarded. The Dewas Biscuit and Food Products Ltd., (a Company incorporated under the Company Act) is being voluntarily wound up and the Liquidator appointed for the purpose deposited the amount of costs and submitted an application for stay of the proceeding in execution for the recovery of the amount of the costs from the Company on the ground that the Company is being voluntarily wound up.The application purported to be one under Section 442 and Section 518 of the Companies Act. This Court directed the Liquidator to deposit the amount in Court and reserved consideration on the question of payment to the decree-holder until the disposal of the application for stay submitted on behalf of the Company.2. It is contended on behalf of the State that although the High Court has ample jurisd...
Tag this Judgment!indore Malwa United Mills Ltd. Vs. Ramkaran Ghisslal
Court: Madhya Pradesh
Decided on: Nov-29-1961
Reported in: AIR1963MP197; 1964MPLJ848
Krishnan, J.1. This is an appeal by the defendant, from the judgment of the learned Civil Judge decreeing the plaintiff-respondent's suit for damages for nondelivery of part of the cotton seed produced by the defendant in his textile mill, in the ginning season of 1948, and contracted to be sold to him. The allegation was that having agreed to deliver all the cotton seed of that season of the variety called 'Malvi' at an agreed price, the defendant actually sold only 300 Manis (or 1200 bags) out of a production of 800 manis or (3200 bags). By the time the defendant persisted in his refusal in spite of the plaintiff's notice, the price had gone up; the latter claimed and obtained a decree for damages on this breach on the basis of the price on the day of the final refusal which was 1-3-1949.The following questions arose for consideration; (i) whether the agreement was for the delivery of 300 manis only or for the entire production of the season; (ii) whether the quantity withheld was 20...
Tag this Judgment!Shantilal Bardichand Mahajan Vs. Champalal Radhaji and ors.
Court: Madhya Pradesh
Decided on: Nov-29-1961
Reported in: AIR1962MP363; 1962MPLJ596
Krishnan, J.1. This is an appeal by the transferee, by the ostensible sale for Rs. 10000/-, of a house by his father and his uncle, (who at that time ware indebted to the time of at least Rs. 7000/-, and had no other properties of much value), from the judgment and decree of the Civil Judge, Class I, Dhar, declaring the said sale void and inoperative as against the creditors, four of whom sued, in accordance with, though without mentioning, Section 53, Transfer of Property Act. The appellant had raised quite a number of questions in the memorandum, but in argument, the only ground pressed is that the suit should be dismissed, as there is no order permitting the four creditors to sue in a representative capacity, and no notices issued on the other creditors (known or unknown) at the instance of the plaintiffs.2. The questions for decision are :(i) Whether the suit is really one under Section 53, Transfer of Property Act. (ii) If so, whether the recital in the plaint, and the absence of ...
Tag this Judgment!Shankarlal Kishanlal Vs. Chandulal and Sons
Court: Madhya Pradesh
Decided on: Nov-21-1961
Reported in: AIR1962MP366; 1962MPLJ167
V.R. Newaskar, J. 1. This appeal arises out of execution proceedings and the only point which arises for considerationis regarding limitation on the following facts.2. The respondent decree-holder obtained a decree for money on the basis of an award on 17-2-1954, Under the terms of the award which was made the rule of the court on the above-mentioned date the amount of the decree was made payable by stated instalments starting from Sravan Sudi 1 Samvat Year 2007 i.e. earlier than the date of the decree. There was a default clause which provided for realisation the whole amount at once on the occurrence of the default. The last or the final instalment was payable on Savari Sudi 1 Samvat Year 2011. An appeal was preferred against the decree on the award which was dismissed on 27-4-1956. The present execution was thereupon filed on 18-4-1959. Contention raised on behalf of the judgment debtor was that since there was default in paying the 1st instalment on Savan Sudi 1 Samvat Year 2007 th...
Tag this Judgment!Major Gopinathan Vs. the State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Nov-20-1961
Reported in: AIR1963MP249; 1963CriLJ161; 1963MPLJ382
ORDERT.P. Naik, J.1. The order in this revision shall also disposeof criminal revision No. 199 of 1961.2. These are applications for revising the order ofthe Magistrate First Class, Jabalpur, dated 30-8-1960,whereby he held that the proceedings initiated before himon a complaint by Shri Mahabir Prasad, for offence under Sections 342, 352 and 500 read with Section 34 of the Indian Penal Code against the applicant Major Gopinathan, an officer ofthe Armed Forces and as such subject to the Army Act,shall proceed, notwithstanding the fact that the Commanding Officer of the accused (Major Gopinathan) had givennotice to the Magistrate that in his opinion he (the accused)should be tried by a court-martial.3. Facts, which are necessary for understanding thecontroversy, are as follows:Shri Mahabir Prasad filed a complaint against Major Gopinathan, the applicant, and ten others for offences underSections 341, 342, 352, 500 and 504 read with Sections 34 and 147 of the Indian Penal Code in the Cour...
Tag this Judgment!Baratilal Baijnath Vs. Mst. Bindabai W/O Brijlal
Court: Madhya Pradesh
Decided on: Nov-09-1961
Reported in: AIR1963MP122; 1963MPLJ43
Shrivastava, J.1. This first appeal has been filed by the defendant against the decree obtained by the respondent from the Court of Civil Judge 1st Class, Durg, directing that the property in dispute be partitioned between the parties. The appellant and the respondent are respectively referred to in this judgment as defendant and plaintiff.2. The plaintiff Mst Bindabai is the widow of one Brijlal, who was the brother of the appellant Baratilal. It is not disputed that Brijlal and Barattlal were joint till the former died in 1952.3. The plaintiffs case was that the defendant turned her out of the house in July 1953 and refused to give her a share in family property to which she was entitled as the widow of Brijlal. The plaintiff has given a list in the schedule annexed to the plaint of the lands and moveables which she wanted to be divided. The plaintiff also stated that she had made an attempt to settle the dispute in 1952 by calling the village Fancfias to provide for her maintenance....
Tag this Judgment!Shankerlal Vs. Ramshanker and anr.
Court: Madhya Pradesh
Decided on: Nov-09-1961
Reported in: AIR1962MP273
Dixit, C.J. 1. This appeal under Section 417 (3) Criminal Procedure Code has been filed in the following circumstances.2. The appellant Shankerlal, acting on behalf of his master Chitranjan Dube made a complaint under Section 20 of the Cattle-Trespass Act, 1871, against the respondent Ramshankar and two other persons. The First Class Magistrate of Hoshangabad, before whom the complaint was made, holding that Ramshankar had illegally seized cattle belonging to Chitranjan awarded Rs. 15/- as compensation to Chitranjan and made an order for payment of Rs. 195/- by the respondent to Chitranjan as the amount of fine and expenses incurred in procuring the release of the cattle. Ramshankar then preferred an appeal before the learned Sessions Judge of Hoshangabad. The appeal was allowed and the order of the First Class Magistrate was set aside. It is against this order of the learned Sessions Judge that the appellant came up to this Court and obtained leave to appeal under Section 417(3) Cri. ...
Tag this Judgment!Chhaganlal Hiralal Vs. Firm Swaroopchand Hukumchand and ors.
Court: Madhya Pradesh
Decided on: Nov-09-1961
Reported in: AIR1962MP305
Krishnan, J.1. This is an appeal by the unsuccessful claimant, from the judgment and decree of dismissal, of his suit under Order 21, Rule 63, regarding property attached before judgment in a suit by the respondent No. 1 against defendants of whom the present Respondents Nos. 2 and 3 are the Legal Representatives. At this stage the question is whether the appeal has abated ual position is that the present respondents are both dead, one having died on 4-3-1959 and the other (Ramsakhibai) in May 1961; the latter herself being one of the legal representatives of Mohanlal, original defendant No. 1, who died long ago. The plaintiff in the original suit, who is respondent No. 1, also died in February 1959. The appeal is on the face of it abated, but the appellant has urged, firstly, that in a claim-suit of this nature, the defendants in the original suit are not necessary parties; it can proceed in their absence, as one between the claimants on the one hand, and the attaching plaintiff on th...
Tag this Judgment!Dagadu Bonder Vs. Babusingh Gappalsingh and ors.
Court: Madhya Pradesh
Decided on: Nov-09-1961
Reported in: AIR1962MP383
Dixit, C. J. 1. This is an appeal by special leave under Section 417 (3) of the Criminal Procedure Code from an order of Shri Bhargava, Second Class Magistrate, Khandwa, acquitting the respondents under Section 247 of the Code of charges under Section 323 read with Section 109, I. P. C. 2. The circumstances in which the respondents were acquitted are that on 17th February, 1961 the Complainant, who is the appellant here, was absent. His counsel informed the Court that the complainant was ill and was unable to attend. When counsel for the accused asked the Court to pass an order of acquittal under Section 247 of the Criminal Procedure Code, complainant's counsel asked for time to enable him to produce a medical certificate to show that the complainant was ill and unable to attend. The trial Magistrate granted this prayer and adjourned the hearing to 27th February, 1961. On this date a medical certificate was produced. It stated that the complainant was suffering from influenza on 17th F...
Tag this Judgment!Birla Gwalior Private Ltd. Vs. Commissioner of Income-tax, M.P.
Court: Madhya Pradesh
Decided on: Nov-09-1961
Reported in: [1962]44ITR847(MP)
DIXIT C.J. - This is a reference under section 66(2) of the Income-tax Act. The question which we have to answer is 'Whether having regard to the provisions of section 10(2)(iii) of the Act, the Income-tax authorities had power to scale down the rate of interest on the ground of unreasonableness.'The material facts are that the assessee is a private limited company carrying on the business of managing agents of various mills and concerns. It borrowed or accepted on deposit moneys from several persons at different rates of interest and the funds so obtained were made available to several concerns in which the assessee was interested. In the assessment proceeding for the years 1950-51, 1951-52 and 1952-53 the assessee claimed that in the relevant accounting years it had paid certain sums to four ladies by way of interest at 6 3/4 per cent. per annum on the moneys borrowed from them and that, therefore, this interest amount should be deducted under section 10(2)(iii) in the computation of...
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