Madhya Pradesh Court October 1962 Judgments
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Lalchand Dhanalal Vs. Dharamchand and ors.
Court: Madhya Pradesh
Decided on: Oct-31-1962
Reported in: AIR1965MP102
P.K. Tare, J.1. This appeal is by the plaintiff against the decree, dated 31-8-1960, passed by Shri D. P. Vohra, Additional District Judge, Dewas, in Civil Appeal No. 121 of 1959, reversing the decree, dated 29-9-1959, passed by Shri A. K. Sen, Civil Judge, Class I, Dewas in Civil Suit No. 418 of 1954.2. There was a shop known as 'Hemraj Dharmalal', which was owned by Dhannalal. He died some time in June 1940 leaving behind his widow, Mst. Sunderbai and his predeceased son, Sohanlal's widow, Mst. Rambhabai. Mst. Sunderbai died some time in November or December, 1945. Before her death, she had adopted the present appellant, Lalchand as a son to her deceased husband by a deed, dated 3-7-1945. Subsequently, the third respondent, Mst. Rambhabai also adopted another son, Mahendrakumar (respondent 2). However, we are not concerned with the adoption made by Mst. Rambhabai, widow of Sohanlal. The appellant's adoption was the subject matter of a former decision of the Madhya Bharat High Court c...
HakimuddIn Abdul HussaIn Vs. Gulam Ali Daudbhai and anr.
Court: Madhya Pradesh
Decided on: Oct-20-1962
Reported in: AIR1963MP261; 1963MPLJ201
1. This appeal under Clause 10 of the Letters Patent of this High Court involves mainly the question whether an attachment before judgment survives even after an execution petition is filed subsequent to the passing a decree in plaintiff's favour and is later dismissed due to the default of the decree-holder.Facts which are material for the consideration of this appeal are as follows :Respondent No. 1's father Daudbhai filed a Civil Suit No. 86 of 1949 for recovery of money, against respondent No. 2 Barkatali. In the course of this suit he obtained an order for attachment before judgment against Barkatali and in pursuance of the same, attached one house as belonging to Barkataii on 164-1949. To this attachment the present appellant Hakimuddin objected, contending that the house belonged to him and Barkatali had no saleable interest in it. While the objection proceedings were pending, a decree was passed in favour of Daudbhai on 13-5-1950. Subsequent to this the objection case terminate...
In Re: Kalusingh Motisingh and ors.
Court: Madhya Pradesh
Decided on: Oct-18-1962
Reported in: AIR1964MP30; 1964CriLJ198
Krishnan, J.1. All the three proceedings arise out of the Judgment of 30-6-1962 by the learned Additional Sessions Judge, Ujjain, in the trials numbered 24 to 28 of 1962, on the consolidation of five separate commitments by the First Class Magistrate Khach rod, relating to a serious incident, on the 2oth September, 1961, at village called Bhilsuda, in the police station area of Nagda. The death reference has been made for the confirmation of the sentence of death under Section 302 read with 149 Indian Penal Code on six persons, namely, Kalusingh, Nir-bhayasingh, Ambaram, Jujharsingh, Ratansingh son of Hindusingh, and Chhatarsingh. They, as well as ten others, namely, Anarsingh son of Ramsingh, Bagdiram son of Bherusingh, Bherusingh son of Rupaji, Ramsingh son of Fakkaji, Pyarji son of Ghasi, Onkarsingh son of Bherusingh, Ratansingh son of Amarsingh, Hindusingh son of Narsingh, Navalsingh son of Sewaji and Dhanna son of Bheru-singh have appealed in two batches. Those who have not been s...
Madanlal Tiwari Vs. the Superintendent and Manager, the Bengal Nagpur ...
Court: Madhya Pradesh
Decided on: Oct-17-1962
Reported in: AIR1964MP297; 1964MPLJ435
ORDERS.P. Bhargava, J. 1. This revision petition under Section 115 of the Code of Civil Procedure has been directed against the order passed by the District Judge, Durg, at Rajnandgaon, in Miscellaneous Civil Appeal No. 11 of 1961 which arose out of the order passed by the Authority under the Payment of Wages Act, Rajandgaon, on 28-10-1061 in case No. 7 (c-142) of 1960-61.2. Briefly stated, the facts of the case are that Shyam Rao, Balram Puri, Udayaram and 1126 other workers of the Bengal Nagpur Cotton Mills., Ltd., Rajnandgaon, made an application against Badrinarayan, Superintendent and Manager of the said Mills under Section 15 (3) of the Payment of Wages Act. From about 1944, the workers of the Bengal Nagpur Cotton Mills, Ltd., Rajandgaon (hereinafter referred to as the Mills) were paid good muster wages along with wages of every month. This wage allegedly was paid in order to encourga the workers to put in better attendance and the monthly rate was fixed by the management of the ...
Loknath Mishra Vishweshwar Prasad Mishra Vs. the State of Madhya Prade ...
Court: Madhya Pradesh
Decided on: Oct-16-1962
Reported in: AIR1964MP237; 1964CriLJ420; 1964MPLJ383
ORDERT.P. Naik, J.1. The applicant-accused was convicted by the Magistrate First Class, Jabalpur, under Section 188 of the Indian Penal Code for having contravened an order under Section 144 of the Code of Criminal Procedure promulgated by the District Magistrate, Jabalpur, and sentenced to pay a fine of Re. 1/- or, in default of payment of the fine, to undergo rigorous imprisonment for one day. The conviction was based on a plea of guilty. On revision, the First Additional Sessions Judge, Jabalpur, affirmed both the conviction as well as the sentence. The applicant-accused has, therefore, come up in revision to this Court against his conviction and sentence.2. The main contention of the learned counsel for the applicant-accused is that in so far as there was no complaint before the trial Court in terms envisaged by Section 195 (1) (a) of the Code of Criminal Procedure (hereinafter called 'the Code'), the trial Court could not have taken cognizance of the offence under that section and...
Municipal Council Vs. Industrial Court
Court: Madhya Pradesh
Decided on: Oct-11-1962
Reported in: (1966)ILLJ370MP
ORDERP.V. Dixit, C.J.1. This petition under Article 226 of the Constitution is for the issue of a writ of certiorari for quashing two orders, to wit, one made by the Assistant Labour Commissioner, Raipur, on 19 August 1960 directing the reinstatement in service of the opponent Govindas, and other of the industrial court upholding in revision the order of the Assistant Labour Commissioner.2. The opponent Govindas filed an application under Section 16 of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947, before the Assistant Labour Commissioner complaining that he was in continuous service of the petitioner-committee from 11 December 1956 to 30 June 1958 on which date his services were illegally terminated. The reply of the municipal committee was that the respondent was first employed temporarily as a chowkidar in the Ganj area for a period of six months from 10 December 1956 to 12 June 1957; that on 12 June 1957 a notice terminating the respondent's service with ...
Praphullachandra and ors. Vs. Rajbai and ors.
Court: Madhya Pradesh
Decided on: Oct-10-1962
Reported in: AIR1964MP129
Newaskar, J. 1. This appeal arises out of a suit filed by plaintiff Bababhai for enforcement of a mortgage dated 22-2-1946 for a consideration of Rs. 22,000/-. The mortgage was anomalous. The mortgagor agreedto deliver possession of the property namely the house on block No. 362-63 in Madhavanagar Ujjain to the defendants. The mortgagor took it back on rent of Rs. 137-8-0 P. M. This amount was equal to the monthly interest which the mortgagor agreed to pay at Annas 10 per cent per month. The mortgage-money was agreed to be paid with a year and on his failure to do so the mortgagee was given right to recover the whole amount. There was also a term not to create further encumbrance or to sell it to any other person.Violating the last mentioned term and without the knowledge of the mortgagor defendant No. 1 sold the property to one Chandulal for Rs. 26,000/-under a sale-deed dated 16-6-1946. The purchaser Chandulal then sold it to defendant No. 2 Jagannath under a sale-deed dated 22-3-194...
Trustees of Motidas Beragi Sadhu Ratlam Trust Board and ors. Vs. Ramja ...
Court: Madhya Pradesh
Decided on: Oct-04-1962
Reported in: AIR1963MP265; 1964MPLJ674
Newaskar, J.1. These two appeals Nos. 4 and 5 of 1962 under Clause 10 of the Letters Patent involve the same question. They are between the same parties. Both the appeals therefore are being disposed of by this judgment which is common to both of them. Circumstances leading to these appeals are as follows: -Appellants, who are the trustees of Motidas Beragi Trust filed the present suit, which has given rise to these appeals, against the respondents who are father and sons for ejectment, arrears of rent Rs. 885/- and mesne profits Rs. 75/-. The suitwas based on a rent-note dated 24-9-1947 executed by defendants Ramjatan and his major son Ram-sajjan, the former signing the rent-note for himself and his minor son Bapulal. This rent-note was a sequel to a deed of mortgage executed by them in favour of the plaintiff. The mortgage transaction was for Rs. 11,000/.-. The deed contained a stipulation to pay interest at Annas 8 per cent per month. The mortgage was of anomalous sort and it was me...
Binodiram Balchand Vs. Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Oct-01-1962
Reported in: AIR1963MP223; [1962]44ITR249(MP)
Dixit, C.J.1. In this reference under Section 66 (1) of the Indian Income-tax Act 1922, at the instance of the assessee, the question for decision as propounded by the tribunal is -'Whether the sum of Rs. 14,000/- spent by the assessee by way of professional fees to the Income-tax adviser for his services during the assessment proceedings before the tax Officer, is an admissible deduction under Section 10 (2) (xv) of the Indian Income-tax Act, 1922?'2. During the assessment proceedings for the assessment year 1953-54, the assessee, M/s. Binodiram Balchand, Indore, claimed to deduct a sum of Rs. 14,000/- on account of fees paid to an income-tax adviser engaged in connection with and for the conduct of assessment proceedings before the Income-fax Officer. The deduction was disallowed by the Income-tax Officer on the ground that the payment said to have been made related to four accounting years. The assessee then preferred an appeal before the Appellate Assistant Commissioner, who disagr...
Binodiram Balchand Vs. Commissioner of Income-tax, M.P.
Court: Madhya Pradesh
Decided on: Oct-01-1962
Reported in: [1963]48ITR548(MP)
DIXIT C.J. - In this reference under section 66(1) of the Indian Income-tax Act, 1922, at the instance of the assessee, the question for decision as propounded by the Tribunal is :'Whether the sum of Rs. 14,000 spent by the assessee by way of professional fees to the income-tax adviser for the services during the assessment proceedings before the Income-tax Officer is an admissible deduction under section 10(2)(xv) of the Indian Income-tax Act, 1922 ?'During the assessment proceedings for the assessment year 1953-54, the assessee, M/s. Binodiram Balchand, Indore, claimed to deduct a sum of Rs. 14,000 on account of fees paid to an income-tax adviser engaged in connection with and for the conduct of assessment proceedings before the Income-tax Officer. The deduction was disallowed by the Income-tax Officer on the ground that the payment said to have been made related to four accounting years. The assessee then preferred an appeal before the Appellate Assistant Commissioner, who disagreed...
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