Madhya Pradesh Court April 1961 Judgments
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Ranchhoddas Shamji Khirani and anr. Vs. Ramchandra Rao Moreshwar Karka ...
Court: Madhya Pradesh
Decided on: Apr-15-1961
Reported in: AIR1963MP59
ORDER1. Civil Revisions Nos. 60 of 1961 and 61 of 1961, are being disposed of by a single order, because the point for consideration is common to both.2. The short facts of the case are that applicant Ranchhoddas bought some shares of Brihan Maharashtra Sugar Syndicate Ltd. Poona from R. M. Karkare (non-petitioner in Revision No. 60 of 1961) and N. V. Godbole (non-petitioner in Revision No. 61 of 1961), and paid the price of shares to the non-petitioners. On the refusal of the Syndicate to transfer the shares in the purchaser's name, the purchaser (who is the petitioner in both the revisions) filed a Suit No. 55 of 1959 in the Court of the Civil Judge Poona, praying that the Sugar Syndicate be directed to enter the name of the plaintiff-purchaser as a share-holder, to strike the names of the non-petitioners from whom the shares have been purchased and thus rectify the Register of the Syndicate. The plaintiff (who is a petitioner in this case) also asked for damages for the wrongful ref...
J. P. Shrivastava and Sons (Private) Ltd. Vs. Commissioner of Income-t ...
Court: Madhya Pradesh
Decided on: Apr-14-1961
Reported in: [1963]47ITR49(MP)
DIXIT C.J. - This is a reference under section 66(1) of the Indian Income-tax Act, 1922, at the instance of the assessee, Sir J. P. Shrivastava and Sons (Private) Limited, Bhopal, by the Income-tax Appellate Tribunal to this court in respect of assessment for the assessment years 1952-53 and 1953-54. The questions which have been submitted to this court for answer are as follows :'1. Whether, in determining the smallness of the profit made by the applicant for the purpose of section 23A, the Tribunal correctly included the commission of Rs. 41,842 and Rs. 1,16,690 in the applicants profits of the accounting periods ended 31st March, 1952, and 31st March, 1953, respectively ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the orders under section 23A ?'The assessee is a private company and is the managing agent of New Bhopal Textiles Ltd. Under sub-clauses (b) and (c) of clause 2 of the managing agency agreement entered into between...
Badshah Moti Bhanmata and ors. Vs. Board of Revenue and ors.
Court: Madhya Pradesh
Decided on: Apr-12-1961
Reported in: AIR1962MP12
Newaskar, J.1. This is a petition under Articles 216 and 227 of the Constitution and is directed against the decision of the Board of Revenue in a suit filed in the Revenue Courts by the petitioner No. 1, the respective fathers of petitioners Nos. 2 and 3 and opponent No. 4 for possession of the agricultural holding in question situated in Mouja Rajota, Pargana Khachrod.2. The circumstances giving rise to this petition may be briefly stated as below:3. On 20-2-1949 the four sons of one Moti namely Badshah, Koora, Dhanna and Gajja filed a suit under Sections 325 and 326 of Kanoon Mal Gwalior for possession of the agricultural holding in suit situated in Mouja Rajota. The suit was filed against Fakka. Their claim for possession was based on the allegations that Morusi rights in the suit lands had been acquired by them from the then Zamindar of Rajota one Nagu on payment of Rs. 300/- as Nazarana; that in the year following this acquisition one Pyarelal became the Zamindar of the Patti whi...
Kaniram Lachman Gari and ors. Vs. Regional Settlement Commissioner and ...
Court: Madhya Pradesh
Decided on: Apr-11-1961
Reported in: AIR1962MP56
Newaskar, J.1. This is a petition under Article 226 of the Constitution submitted by the three petitioners for the issue of a writ of certiorari, prohibition and any other writ or direction against the Managing Officer Indore and Regional Settlement Commissioner Indore for quashing the notices dated 27-11-1958 issued by the said Managing Officer against the petitioners on the ground, that the said notices had been issued contrary to law and also for the issue of a writ of prohibition requiring the said officer to desist from ejecting the petitioners otherwise than in due course of law.2. The case of the petitioners is that they were the tenants of a Muafidar of the village Piploda of erstwhile Jaora State, one Fariduddin. The said Fariduddin became an evacuee having mirgated to Pakistan as a result of the setting up of the two dominions India and Pakistan. The said Fariduddin was later declared an evacuee and his property, including the Muafi lands in the occupation of the petitioners ...
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