Madhya Pradesh Court September 1961 Judgments
State of Madhya Pradesh Vs. Nagarmal Bhagwandas Marwari
Court: Madhya Pradesh
Decided on: Sep-29-1961
Reported in: AIR1963MP205; 1963MPLJ135
Golvalker, J.1. This is an appeal by the defendant-State of M. P. challenging the decree granted in favour of the plaintiff-respondent declaring that the State of M. P. was not entitled to recover the amount in question in the same manner as if it was arrears of land revenue,2. Admittedly the amount sought to be recovered from the plaintiff was on account of deficiency in the price obtained on the re-auction of lac consequent to his failure to deposit the requisite part of his bid amount which had been accepted in the first auction. The plaintiff had challenged both his liability to pay the amount as also the mode of recovery of the same in the manner as if it was arrears of land revenue. The Court, however, accepted that the amount could not be recovered as arrears of land revenue and accordingly decreed the claim of the plaintiff by issuing a necessary injunction restraining the State from recovering the same as such.3. The defendant-State has challenged that decision and urged that ...
Tag this Judgment!In Re: Randhir and anr.
Court: Madhya Pradesh
Decided on: Sep-29-1961
Reported in: AIR1962MP239
ORDERP.R. Sharma, J. 1. This revision application has been preferred against the order dated the 17th of July, 1961 passed by the First Addl. Sessions Judge Morena, in Criminal Revision No. 42 of 1961, whereby he directed the present applicants to be committed to the Court of Sessions to stand their trial for an offence under Section 307. I. P. C. 2. The facts giving rise to the case are that on 28-12-1959 a fight took place between Rameshwar and his brother Babu on the one hand and the present applicants along with certain others on the other side in the course of which both parties received injuries. The police Ambah after due investigation submitted challans against bota parties for offences under Sections 323 and 307 react with Section 34, I. P. C. In Criminal Case No. 120 of 1960 out of which the present revision application arises the Magistrate First Class Ambah observed on perusal of the papers filed along with the challan that it was difficult to hold that the intention of the...
Tag this Judgment!State of Madhya Pradesh Vs. Yatendra Prasad Sharma
Court: Madhya Pradesh
Decided on: Sep-29-1961
Reported in: AIR1963MP127
1. This appeal has been preferred by the State Government against the judgment dated 5-10-1960 passed by the District Judge Gwalior, in Civil Appeal No. 54 of 1960 arising out of the decree passed by the First-Civil Judge Second Class Gwalior, in Civil Original Suit No. 64 of 1959.2. A decree for recovery of a sum of money was passed against the State of Madhya Pradesh by the First Civil Judge Second Class Gwalior in the suit aforesaid. The State Government directed the Collector Gwalior to file an appeal against the judgment and decree passed by the Court of first instance. The memorandum of appeal was accordingly drawn up by the Government Pleader Shri Diwan and was filed by him under the signatures of the Collector Gwalior District and himself. Shri Diwan, however, did not file along with the memorandum of appeal a vakalatnama duly signed by the Collector Gwalior authorising him to act and appear on his behalf in the said appeal. The District Judge Gwalior held that inasmuch as Shri...
Tag this Judgment!Smt. Janki Bai Chunnilal Vs. Ratan Melu and anr.
Court: Madhya Pradesh
Decided on: Sep-28-1961
Reported in: AIR1962MP117
Pandey, J.1. On a reference made by Tare, J., the question referred to the Full Bench is :'Whether the suit of a plaintiff money lender is liable to be dismissed if he does not hold a registration certificate relating to the period when the money lending transactions were entered into or whether it is sufficient if the plaintiff-money lender produces during the pendency of the suit a registration certificate relating to a period subsequent tothe money-lending transactions.'2. The facts of the case are simple and may be stated in a few words. On the foot of a promissory note dated 19 March 1956, the applicant, who is a moneylender, advanced to the non-applicants a ban of:Rs. 850. When the applicant subsequently filed a suit to recover the amount with interest from the non-applicants they resisted it. The Small Cause Court dismissed the suit on two grounds. The applicant did not produce her certificate of registration required to be taken under Section 11-B of the Central Provinces and B...
Tag this Judgment!Malji S/O Kesooramji and ors. Vs. Kesrimal Rakhabdas and ors.
Court: Madhya Pradesh
Decided on: Sep-28-1961
Reported in: AIR1963MP206
ORDER1. This revision petition raises a question as regards the applicability of Section 7(iv)(c) of the Court Fees Act. Particularly it raises the question as to whether a person who is not bound by the decree can make his own valuation for claiming a permanent injunction with reference to the decree.2. The facts necessary for the purpose of the present petition are as follows :The petitioners filed a suit against Gangaram and Babulal respondents Nos. 2 and 3 for recovery of money. The suit was filed on 23-10-1954. An order for attachment before judgment in respect of the property of the defendants was passed and the property was attached. While the suit was pending Kesrimal makes a claim against his father-in-law and brother-in-law viz. Gangaram and Babulal to the tune of Rs. 11,000/-. A reference is made by mutual agreement between the parties and an award is passed on 22-10-1954 creating a charge upon the house which was later on attached a day after.It may be mentioned here that a...
Tag this Judgment!Jamuna Prasad Verma Vs. Satya Prakash Chaman Ram and ors.
Court: Madhya Pradesh
Decided on: Sep-26-1961
Reported in: AIR1963MP184; 1962MPLJ97
ORDER1. The judgment in this revision shall also dispose of Civil Revision No. 159 of 1961.2. This is a revision under Section 20-A (5) of the Central Provinces and Berar Municipalities Act, 1922 (hereinafter called 'the Act') against the order of the First Civil Judge, Class I, Bilaspur, dated 6-2-19S1, setting aside the election of the applicant to the office of President of the Municipal Committee, Bilaspur.3. On 8-8-1959, the Collector, under Rule 20(1) of the rules framed under Section 18 (5) of the Act (hereinafter called 'the Polling Rules'), convened a meeting of the 24 elected and six selected members of the Municipal committee for the election of a president under the Chairmanship of the Deputy Collector, Shri K.K. Dwivedi. The applicant and the non-applicant Satya Prakash were duly nominated; and in the ensuing election which was held by ballot, the Chairman declared that there was a tie, the candidates having secured 15 votes each, and that he would proceed to decide the el...
Tag this Judgment!Nandlal Bhandari Mills Ltd. Vs. Commissioner of Income-tax, Madhya Pra ...
Court: Madhya Pradesh
Decided on: Sep-22-1961
Reported in: [1962]45ITR468(MP)
DIXIT C.J. - In the reference under section 66(1) of the Income-tax Act, 1922, at the instance of the assessee the four questions of law referred to this court arise out of a common order of the Income-tax Appellate Tribunal, Bombay, disposing of four appeals relating to the assessment year 1950-51, 1951-52, 1952-53 and 1953-54, the corresponding accounting years being the years ending on 31st December, 1949, 31st December, 1950, 31st December, 1951, and 31st December, 1952, respectively.The assessee is a public limited company owning and running a textile mill at Indore and some ginning factories. Till the extension of the Indian Income-tax Act 1922, to Part B States the company was assessed in Companies Circle, Bombay, in some years as non-resident company and in some years as a resident company. It was also assessed in the former Indore State under Indore Industrial Tax Rules, 1927. After the extension of the Indian Income-tax Act to part B States, the company was assessed for the f...
Tag this Judgment!Radheshyam Radhakishan Vs. Jagat NaraIn Fateh Chand and ors.
Court: Madhya Pradesh
Decided on: Sep-20-1961
Reported in: AIR1963MP89
Bhargava, J.1. This first appeal has been preferred by the defendant against the judgment and decree of the IV Addl. District Judge, Jabalpur, in Civil Suit No. 33-A of 1958, decided on 4-11-1958, where by a decree for Rs. 12, 524/-/9 has been passed in favour of the plaintiff against the defendant with proportionate costs and interest.2. The facts which are not disputed at this stage are that Fatehchand Puranmal is a joint family firm carrying on business at Burhar. The three plaintiffs who have brought the suit are the members of the joint Hindu family owning this firm. They sent in the month of November, 1956, to the defendant Radheyshyam who carries on his business in the name and style of 'Shrigopal Ra-meshwardas at Gandhiganj, Jabalpur, 142 bags of linseed and 91 bags of Ramtilla, to be sold in his Adat on instructions being given by the plaintiffs or to be returned to them if so desired. The goods remained unsold up to 1-7-1957. On that date, the plaintiff No. 3 Jankiprasad who ...
Tag this Judgment!Union of India (Uoi) Vs. Ainkumar Kaluram
Court: Madhya Pradesh
Decided on: Sep-19-1961
Reported in: AIR1962MP190
Dixit, C.J.1. This is a Letters Patent appeal from a decision of Tare J. By that decision the learned Single Judge reversing the judgments of the Courts below remitted the plaintiff-respondent's suit praying for a decree for Rs. 484/11/3 against the appellant for further trial.2. Briefly stated the plaintiff's case was that eight bales of cloth were consigned to him by Messrs Bachharaj Amolakchand of Nagpur from Nagpur to Itarsi on 3rd January 1947; that on 18th January 1947 seven of these bates were delivered but one was not delivered as it was said to have been stolen; that subsequently a case of theft in respect of the bale was registered against one Dwarkaprasad who was tried and convicted for the offence of theft; that the baie was also recovered from Dwarkaprasad and during the course of the criminal trial was handed over by the Court to the A. D. C. I., Bhopal; and that it was in the month of November 1952 that the plaintiff came to know for the first time thai the bale had been...
Tag this Judgment!Mohanlal Hargovind Vs. Gram Panchayat and ors.
Court: Madhya Pradesh
Decided on: Sep-13-1961
Reported in: AIR1962MP136
Dixit, C.J. 1. This order will also govern Misc. Petitions Nos. 185 to 190, all of 1961. 2. These are seven applications under Article 226 of the Constitution by persons who manufacture bidis within the limits of Gram Panchayat, Nagod. On 20th October, 1959, the Gram panchayat passed a resolution imposing a tax on bidi manufacturers at the rate of one naya paisa per thousand of bidis manufactured. The resolution was published on 24th December, 1959, for inviting objections to the taxation proposals, The petitioners unsuccessfully objected to the imposition. The imposition of the tax was ultimately approved by the Collector on 21st May, 1960, and it came into force from 1st June, 1960. The petitioners question the validity of the tax on the ground that the Gram Panchayat had no authority whatsoever to levy such a tax and pray that the imposition be declared illegal and the notices of demand for the payment of tax issued to each of the petitioners be quashed. 3. The Gram Panchayat is con...
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