Madhya Pradesh Court August 1961 Judgments
N.K. Doongaji and ors. Vs. Collector and ors.
Court: Madhya Pradesh
Decided on: Aug-31-1961
Reported in: AIR1962MP139; 1962MPLJ130
Dixit, C.J.1. The petitioners in this case are all liquor contractors holding licences for the manufacture and sale of country liquor. On 3rd and 4th November 1960 the Divisional Forest Officer, Korea Division sent to the Tahsildar, Baikunthpur, requisitions for recovery of certain amounts from the petitioners as forest dues. The forest dues were stated to be on account of mahua leaves and fuel taken by the petitioners from certain forest coupes for the manufacture of liquor. The recovery of the amount wassought as arrears of land revenue. The petitionersdrew the attention of the respondents to the decision of this Court in Surajdin Laxman v. State ofM. P., 1960 MP LJ 39 : (AIR 1960 Madh Pra 129)and pointed out that under that decision the recovery of the forest dues over and above theamount at which their bids were accepted for grantof licences was illegal. The respondents, however,persisted in their demand. The petitioners havenow filed this application contending that the recovery s...
Tag this Judgment!Smt. Mira Devi and ors. Vs. Smt. Aman Kumari
Court: Madhya Pradesh
Decided on: Aug-31-1961
Reported in: AIR1962MP212; 1962MPLJ248
Shrivastava, J. 1. The suit out of which this first appeal arises was filed by the respondent Smt. Aman Kumari for possession of homefarm lands lying in several villages and for possession of movables. The respondent has also filed an appeal (First Appeal No. 120 of 1958) against the judgment in that case. This judgment governs the disposal of both the appeals.2. In the erstwhile State of Korea which merged within Madhya Pradesh in 1948, there was a zemindari called 'Patna Zemindari'. It was held by one Jagdish Prasad Singh till his death in 1942. The respondent Smt. Aman Kumari is the widow of the said Jagdish Prasad Singh. He bad also left behind a son Gopal Saran Singh who died in 1948. The appellant Smt. Mira Devi claims to be his widow, having married him on 4-7-1941 under the Special Marriage Act, 1872 (III of 1872)--hereinafter referred to as the Act of .1872. Appellants Vijay Prasad Singh and Lalit Prasad, Singh are sons of Smt. Mira Devi from the deceased Gopal Saran Singh. Af...
Tag this Judgment!Hemraj Poonamchand Vs. Babulal Bhagirath
Court: Madhya Pradesh
Decided on: Aug-30-1961
Reported in: AIR1962MP241
Krishnan, J. 1. This is an appeal by leave under Section 417 (3) Criminal Procedure Code by the complainant from the acquittal by the Magistrate of the respondent of a charge of defamation while deposing in a Civil Suit by stating 'Hemraj (present complainant and uncle (mama) of the plaintiff in that suit in which the respondent was defendant) was at Barnagar but has come away after becoming insolvent there.'The ground for acquittal by the Magistrate was that the witness might have thought that he was bound to answer the question and as such he was protected by the proviso to Section 132 of the Evidence Act. However, the trend of paragraph 6 of the Magistrate's judgment is that whenever a witness answers questions in the witness box the very fact of the Court allowing the question to be put would lead to the presumption that it is relevant, and the very context would indicate that the witness is being competed to answer; thus, in effect, he grants privilege--or absolute privilege--in r...
Tag this Judgment!The S.H. Motor Transport Co. Vs. the Regional Transport Authority and ...
Court: Madhya Pradesh
Decided on: Aug-21-1961
Reported in: AIR1962MP59; 1962MPLJ65
Pandey, J. 1. This order shall also govern the Prathat Transport Company (Private) Limited v. The Regional Transport Authority, Bhepal, M. V. no. 67 of 1961, Shri Balwant Regular Motor; Service v. The Regional Transport Authority, Bhopal, M.P. No. 68 of 1961, Messrs. Sajandas and Jivandrai Company v. The Regional Transport Authority, Bhopal M.P, No. 78 of 1961, The Berar Regular Motor Service, Achalput v. The Regional Transport Authority? Bhapal, M. P. No. 79 of 1961, and The Shriram Bus Service (India) Private Ltd. v. The Regional Transport Authority, Indore, M- P. no. 152 of 19.61. 2. These petitions are directed against certain orders passed by the Transport Authorities of the new State of Madhya Pradesh. They were heard together because the. common question involved in all these cases is whether the Regional Transport Authorities of Bhopal and Indore, as constituted after the commencoment at the States Reorganisation Act, 1956, were bound to entertain applications for the renewal o...
Tag this Judgment!Kailashchandra and ors. Vs. District Judge and ors.
Court: Madhya Pradesh
Decided on: Aug-17-1961
Reported in: AIR1963MP218
Dixit, C. J.1. The petitioners in this case pray that a writ of certiorari be issued for quashing a decision of the Court of the District Judge, Bhopal, in an appeal against an order of the Rent Controlling Authority, Bhopal, fixing the fair rent of two shop premises belonging to the applicants.2. A preliminary point has been raised in this case that the petitioners should have filed a revision petition under Section 115 of the Civil Procedure Code against the decision of the Court of District Judge, and that as they did not avail themselves of the alternative remedy this application under Article 226 should not be entertained. In our opinion, this objection must prevail. Section 12 of the M.P. Accommodation Control Act, 1955 says:'..... only one appeal shall lie against the decisiongiven by the Rent Controlling Authority in the Court of the District Judge within thirty days of the decision and the decision of the Appellate Court shall be final.'It is clear from the wording of Section ...
Tag this Judgment!State of Madhya Pradesh Vs. Parasram and anr.
Court: Madhya Pradesh
Decided on: Aug-16-1961
Reported in: AIR1962MP291
ORDERN.M. Golvalker, J.1. This is a reference wider Section 438, Criminal Procedure Code, by the First Additional Sessions Judge, Raipur, recommending that the proceedings before the Magistrate First Class, Raipur, under section 488, Criminal procedure Code, being criminal case No. 61 of 1959 commenced on the application of non applicant No. 2 Mst. Bisahin for award of maintenance, be quashed as the petition itself was not maintainable. 2. The non-applicant No. 1 had raised an objection to the maintainability of the petition on the ground that since a similar petition had been filed, being criminal case No. 11 of 1936 and as in those proceedings a compromise between the parties had been arrived at whereby the husband had undertaken to maintain his wife in the manner amicably Settled, the second petition for grant of maintenance was not maintainable. The Magistrate overruled the objection on the ground that as the previous petition was merely filed and no order was passed incorporating ...
Tag this Judgment!Alembic Distributors Ltd. and anr. Vs. Assistant Commissioner of Sales ...
Court: Madhya Pradesh
Decided on: Aug-14-1961
Reported in: [1962]13STC64(MP)
ORDERT.C. Shrivastava , J.1. By this petition under Articles 226 and 227 of the Constitution of India, petitioner No. I Messrs Alembic Distributors, Ltd., Jabalpur, challenges the correctness of the order of the respondent, Assistant Commissioner of Sales Tax, Jabalpur, passed on 31st August, 1960, assessing sales tax on the sales made by him in the year 1957-58. Petitioner No. 2, Chemists and Druggists Association, Jabalpur, has been impleaded as a petitioner as they are stated to be interested in the result of these proceedings. In this order we will refer to petitioner No. 1 as 'the petitioner'. 2. The petitioner carries on business of selling medicinal preparations, and a notice was issued against him to pay sales tax on the turnover in the assessment year. The sales included some medicinal preparations containing alcohol. It is the assessment of sales tax on these medicinal preparations which is challenged in this petition. The amount comes to about Rs, 900 only.3. The petitioner'...
Tag this Judgment!Seth Sorabji Framji Kerawala Vs. Commissioner of Income-tax, M. P.
Court: Madhya Pradesh
Decided on: Aug-11-1961
Reported in: [1962]45ITR454(MP)
DIXIT C.J. - In this references under section 66(1) of the Income-tax Act at the instance of the assessee, Sorabji Framji Kerawala, as an individual, the question we have been asked to answer is :'Whether, in the facts and the circumstances of the case, the interest paid by the assessee on moneys borrowed from outsiders for making advances to the firms Nimar Cotton Press Factory and Nimar Ginning Factory in which he was a partner is allowable as a deduction while computing his individual income for the purposes of assessment ?'The material facts are that the assessee is a partner in two unregistered firms, known as Nimar Cotton Press Factory and Nimar Ginning Factory, Khandwa. During the material assessment year, he borrowed money from some persons and paid interest on these borrowings for the purpose of the two firms amounting to Rs. 5,058. In his individual assessment the assessee claimed to deduct this amount of interest from his assessable income. The income-tax Officer had adopted...
Tag this Judgment!State of Madhya Pradesh Vs. Premchand Kashyap
Court: Madhya Pradesh
Decided on: Aug-09-1961
Reported in: 1962CriLJ680
ORDERA.H. Khan, J.1. Prem Chand Kashyap resident of Lashkar was cited as a witness for prosecution in Criminal Case No. 286 of 1954, pending in the Court of the Additional District Magistrate, Shivpuri. He did not appear in spite of the Service of summons, whereupon, the learned Additional District Magistrate, issued notice to him to show cause why he should not be punished Under Section 485-A of the, Criminal Procedure Code. After service of the show cause notice, he was fined Rs. 25/- by an order dated 23-4-1958. Against this order, Prem Chand Kashyap filed ait appeal before the Additional Sessions Judge, Shivpuri, who held that the trial Court had no power to impose the fine without first trying the witness summarily and set aside the conviction and sentence. Aggrieved, by this order of acquittal, the State of Madhya Pradesh has now filed this appeal Under Section 417 of the Criminal Procedure code and the prayer is that the order of the learned Additional District Magistrate Shivpu...
Tag this Judgment!Shyam Behari and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-08-1961
Reported in: AIR1962MP80
Dixit, C.J. 1. This application under Article 226 of the Constitution is for the issue of a writ of certiorari for quashing two notifications dated 8th July 1960, and 3rd December 1960 issued by the State under sections 4 and 6 of the Land Acquisition Act, 1894, for the acquisition of certain lands belonging to the petitioners and for the issue of a direction to the respondents forbearing them from exercising any rights over those lands, 2. It is necessary to state the facts in some detail in order to reach and appreciate the questions to be determined. The petitioners are the owners of land admeasuring 17.82 acres in Mouza Chhaparwah (Settlement No. 245) in Katni Tahsil of Jabalpur District. The respondent No. 4 is a private limited company known as the Premier Refractories of India which proposes to manufacture fire-clay bricks, high alumina bricks etc. On 26th April 1960 the said respondent addressed a letter to the Collector, Jabalpur, saying inter alia that the Government of India...
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