Madhya Pradesh Court December 1962 Judgments
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Bhuneshwar Prasad Vs. Dropta Bai
Court: Madhya Pradesh
Decided on: Dec-22-1962
Reported in: AIR1963MP259; 1963MPLJ346
ORDERP.V. Dixit, C.J.1. After the presentation of an application in the Court of the Additional District Judge, Chhindwara, under Section 9 of the Hindu Marriage Act, 1955, by the petitioner Bhuneshwar Prasad for restitution of conjugal rights, the non-applicant wife moved the trial Judge for an order under Section 24 of the Act. On this application the learned Additional District Judge made an order directing the petitioner to pay Rs. 75/- to the opponent as expenses of the proceeding and Rs. 20/- per month as maintenance pendente lite. When the petitioner failed to carry out the directions under Section 24, the opponent-wife applied for execution of the order and also prayed that the proceedings initiated on the petitioner's application under Section 9 be stayed till he paid the amount he was directed to under Section 24. The learned Additional District Judge made an order staying the suit till 24th September 1962 and directing the petitioner to pay interim maintenance amount and cos...
Purshattam Narayan Vs. Sugan Chand Pannalal and ors.
Court: Madhya Pradesh
Decided on: Dec-21-1962
Reported in: AIR1964MP27; 1963MPLJ678
Shiv Dayal, J.1. Second Appeal No. 242 of 1959 was filed in this Court on 27-10-1959 together with a copy of the Judgment dated 3-7-1959 of the Additional District Judge, Gung. This appeal has been dismissed by the learned Single Judge on the ground that it is barred by time.2. It has been found that appellant Purushotram Warain applied for a copy of the judgment on 25-9-1959 and it was supplied to him on 6-10-1959. Another copy was obtained by his father Shital Prasad. Application for this latter copy was made on 14-7-1959, and it was supplied on 17-8-1959. The appeal was filed by Purushottam Narain and in this appeal Shital Prasad was one of the respondents. It may be mentioned in passing that !his was a suit under Order 21, Rule 63, C. P. C. by his son (objector) against Sifganchand and others (decree-holders) and his father (judgment-debtor).3. With the second appeal filed by Purushottam Narain in this Court he filed that copy which was obtained by his father Shital Prasad instead ...
Commissioner of Sales Tax Vs. Laddumal Jangilal of Daulatganj
Court: Madhya Pradesh
Decided on: Dec-21-1962
Reported in: 1963MPLJ198; [1964]15STC54(MP)
ORDER1. By this reference Under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958, made at the instance of the Commissioner of Sales Tax, Madhya Pradesh, the Board of Revenue (Tribunal) has referred to us the following question of law :Whether turmeric was included in Entry No. 44 of Schedule IV to the Madhya Bharat Act under Notification No. 37/VII/SR dated 15th March, 1955, and, therefore, sales of turmeric became liable to tax from 1st April, 1955, or whether turmeric was included in this Entry of Schedule IV with effect from 26th January, 1956, under Notification No. 10/VII/SR dated 21st January, 1956, and sales of turmeric became liable to tax with effect from 26th January, 1956?2. The question arises in this manner. The non-applicant deals in what are called kirana goods. Tax was assessed on sales of these goods, including haldi or turmeric, for the period 1st April, 1955, to 31st March, 1956. The Sales Tax Officer, Ujjain, overruled the non-applicant's contention t...
Mohanlal Vishram Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Dec-14-1962
Reported in: [1964]15STC331(MP)
K.L. Pandey, J.1. This is a reference Under Section 44(1) of the Madhya Pradesh Sales Tax Act, 1958, made at the instance of the assessee. The questions which have been referred to us for our opinion are as follows :(i) Whether, if the turnover returned by the assessee is supported by the regularly maintained books of accounts and no flaw in the accounts can be detected, the assessing authority is bound to accept the turnover returned by the assessee ?(ii) Whether, in the facts and circumstances of the case, the turnover returned by the assessee should have been accepted by the assessing authority ?(iii) Whether, under the circumstances of the case, this Tribunal was warranted in regarding the estimate made by the Departmental Authorities as 'best Judgment' assessment Under Section 11(4) of the Central Provinces and Berar Sales Tax Act, 1947 ?(iv) Whether, under the circumstances of the case, the direction by this Tribunal to the Sales Tax Officer, for disposal of the case 'in the ligh...
Sukhdeo Chunnilal Vs. Gendalal Salukchand and ors.
Court: Madhya Pradesh
Decided on: Dec-05-1962
Reported in: AIR1965MP24; 1965MPLJ102
ORDERP.K. Tare, J.1. This revision under Section 25 of the Provincial Small Cause Courts Act is by the plaintiff against the decree, dated, 30-4-1962, passed by Shri M.L. Gupta, Small Cause Judge, Dhar, in Small Cause Suit No. 4 of 1962.2. The petitioner's case was that the first respondent, who is the manager of the joint Hindu family of the respondents and in charge of management of the joint Hindu family firm, known as 'Kantilal Sardarmal', had taken the furnished shop of the petitioner on rent at Rs. 50/- per month with effect from 20-11-1959, The rent for the earlier period had been paid, but it was due with effect from 20-6-1961 to 20-12-1961. The electric charges had been settled at the rate of Rs. 5/- per month. There-fore, the petitioner claimed rent and electric charges for six months amounting to Rs. 330/- along with interest on the amount at the rate of Rs. 9/- per cent per annum.3. The respondents in their defence alleged that no arrears of rent or electric charges were du...
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