Madhya Pradesh Court April 1962 Judgments
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Smt. Padmawati Devi Bhargava Vs. R.K. Karanjia and ors.
Court: Madhya Pradesh
Decided on: Apr-30-1962
Reported in: AIR1963MP61; 1963CriLJ187
Naik, J. 1. A notice was issued to the non-applicants, Shri R. K. Karanjfa, Shri Sitaram B. Kolpe, and Sardar Balwant Singh, to show cause why they should not be convicted for contempt of Court under Sub-section (1) of Section 3 of the Contempt of Courts Act, 1952. The notice was issued at the instance of the original petitioner, Deo Ki Nandan Bhargava, who died during the pendency of these proceedings. The petition is now being prosecuted by Smt. padmavati Bhargava, his widow, by leave of this Court.2. Non-applicant No. 1 is the editor, publisher and printer of the English Weekly 'Blitz' published from Bombay, non-applicant No. 2 is a special correspondent of the daily newspaper 'Press Journal' also published from Bombay; and non-applicant No. 3 is a special correspondent of the daily newspaper 'Hitavada' published from Nagpur.3. The complaint against the non-applicants is that In the issue of 'Blitz' dated 25-3-1961, a news item appeared under the caption: 'Who set communal fires abl...
In Re: Kaluram
Court: Madhya Pradesh
Decided on: Apr-30-1962
Reported in: AIR1966MP342; 1966CriLJ1448
Kekre, J.1. A notice was issued at the instance of Shri B.C. Chaturvedi, Magistrate First Class, Jabalpur, to the non-applicant, Kaluram, to show cause why he should not be convicted for contempt of Court under Section 3(1), Contempt of Courts Act, 1952 2. The non-applicant Kaluram, who is a Janpad Councillor, and who belongs to Congress Party, was being tried in four criminal cases pending before Shri B.C. Chaturvedi, Magistrate First Class, Jabalpur, for offences of thefts. He was on bail and was being represented by a counsel. One of those cases (Criminal Case No. 57 of 1960) was fixed for 31-8-1960 for recording evidence of witnesses for the prosecution. In the course of cross-examination of one of the witnesses for the prosecution, the magistrate severely reprimanded the non-applicant Kaluram, the accused in that case. 3. The Magistrate, in his application moving this Court to take action against the non-applicant Kaluram, for contempt of Court, has slated that the non-applicant, ...
Dr. Omprakash Mishra Vs. National Fire and General Insurance Co. Ltd. ...
Court: Madhya Pradesh
Decided on: Apr-26-1962
Reported in: AIR1964MP136
Shrivastava, J. 1. The appellant had filed an application before the Motor Accidents Claims Tribunal, Jabalpur, claiming Rs. 6,000/- for damages to his car and Rs. 10,200/- for personal injuries. The Tribunal passed an order on 6-5-1961 holding that it had no jurisdiction to entertain the claim. This appeal is filed against that order. 2. The Tribunal was constituted by a Notification, dated 7-8-1959, which was published in the Madhya Pradesh Gazette on 18-9-1959. The accident in question took place on 13-9-1959, that is, between these two dates. in Kumari Sushma Mehta v. C. P. T. Services, Misc. First Appeal No. 58 of 1961. (AIR 1964 Madh-Pra 133) we have held that the Tribunal should be deemed to have been constituted on the date on which the notification was published in the Gazette. Accordingly, the accident took place before the constitution of the Tribunal. We have further, held in that case that in those cases where the cause of action for compensation arose prior to the constit...
Dwarka Prasad Naik Vs. Shyama Charan Naik
Court: Madhya Pradesh
Decided on: Apr-25-1962
Reported in: AIR1964MP57; 1963MPLJ624
Pandey, J. 1. This appeal under Clause 10 of the Letters Patent isdirected against an affirming order of the learned Single Judge by which he refused to treat a decres as fullysatisfied and an application for execution of that decree as untenable for that reason.2. The respondent, who is a younger brother ofthe appellant, filed Civil Suit No. 4-A of 1939 for partition and separate possession of his share in their jointfamily property. In terms of the final decree for partition dated 8 January 1952, the appellant became liable to pay to the respondent a sum of Rs. 36,978/2/3/ inlieu of his share in the property. Thereupon, on 18March 1954, the respondent applied for execution of thatdecree and asked for attachment of the appellant'smoveable and immoveable property. In due course, hisimmoveable property was attached and, on 1 July 1954,a date for sale of the property was fixed and the respondent was directed to pay the fees required for issuing the usual processes. Since the process fees...
Kumari Sushma Mehta Vs. Central Provinces Transport Services Ltd. and ...
Court: Madhya Pradesh
Decided on: Apr-24-1962
Reported in: AIR1964MP133
Shrivastava, J. 1. This order governs the disposal of three other miscellaneous appeals Nos. 59, 60 and 86 all of 1961, also. All these appeals are filed by the applicants in petitions which were tiled before the Motor Accidents Claims Tribunal, Jabalpur, for recovery of compensation, in respect of personal injuries caused to them in motor accidents. A preliminary objection regarding the maintainability or the applications was raised and the Court upheld the objection and returned the plaint in each case for presentation to the Civil Court. It is against these orders that the tour appeals are directed. 2. The dates on which the accidents occurred and the claims were filed are given below: Case No.Date of accidentDateof filing claimM. A.No. 59/61113-9-195912-11-1959& M. A.No. 60/61 M. A. 58/6112-6-195929-9-1959M. A. 86/6124-1-195928-9-19593. Sections 110, 110-A to 110-F were introduced in the Motor Vehicles Act, 1939, by the Motor vehicles (Amendment) Act, 1956 (100 of 1956) providing f...
Kamani Engineering Corporation Ltd. Vs. Madhya Pradesh Electricity Boa ...
Court: Madhya Pradesh
Decided on: Apr-23-1962
Reported in: AIR1964MP268; 1964MPLJ134
H.R. Krishnan, J.1. This revision is by Messrs Kamani Engineering Corporation (Kamanies for short), a limited liability company with its head office at Bombay and one of the parties to an arbitration proceedings, the other party being the Madhya Pradesh Electricity Board (Board for short) from the order of the First Additional District Judge, Jabalpur, allowing, subject to payment of special costs Rs. 1,500, the petition filed by the latter for the setting aside under Section 9 (b) proviso, of the Arbitration Act of the appointment by the present applicant of his arbitrator Shri Mangaldas M. Pakvasa, as the 'sole arbitrator' in view of the Board's default in appointing its arbitrator within 15 days of its notice.2. Miscellaneous Appeal No. 51 of 1962 (Kamani Engineering Corporation Limited Bombay v. The M. P. Electricity Board, Jabalpur), which has been heard along with this civil revision, is from the order of the Additional District Judge, refusing to stay under Section 34 of the Arb...
Seth Pamandas Sindhi Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-10-1962
Reported in: 1962MPLJ1037; [1963]14STC74(MP)
ORDERP.V. Dixit, C.J.1. This is an application under Article 226 of the Constitution for the issue of a writ of certiorari for quashing a best judgment assessment made by the Assistant Commissioner, Sales Tax, Bilaspur, under Section 18(6) of the Madhya Pradesh General Sales Tax Act, 1958, assessing the petitioner to sales tax of the amount of Rs. 1,00,363-10-0 and imposing on him a penalty of Rs. 20,000.2. The material facts are that during the period from 1st March, 1958, to 30th August, 1960, the petitioner had taken several contracts for the supply of ballast to the South Eastern Railways. According to the applicant, his principal place of business was Raigarh. This statement has been denied by the opponents, who say that the petitioner's principal place of business at all relevant times was Bilaspur. The applicant did not get himself registered as a dealer either under the Central Provinces and Berar Sales Tax Act, 1947, or the M. P. General Sales Tax Act, 1958. When it came to th...
Smt. Sau. Shakuntalabai Baburao Vs. Baburao Daduji Mandilik
Court: Madhya Pradesh
Decided on: Apr-09-1962
Reported in: AIR1963MP10; 1963MPLJ245
Krishnan, J.1. This is an appeal by the wife from the order of the District Judge dated 10-10-1960 allowing the husband's prayer under Section 9 of the Hindu Marriage Act for restitution of conjugal rights upon her refusal, without reasonable excuse, to go with him to Bombay, where he is employed as a mechanic and her insistence, in spite of her husband's wishes, of staying at Indore in the house of an aunt, who has been for a long time in loco maternis to her. Though the case has been argued at great length, and almost the entire body of Indian and English Case law on this question has been canvassed, the problems that, arise are comparatively simple and can be formulated thus :(i) Whether the husband has been guilty of cruelty which would entitle the wife to seek judicial separation. Instances alleged by the wife and substantially disbelieved by the lower Court are : (a) that the husband once pushed her while she was pregnant which 'necessitated medical treatment and endangered her l...
Central Indian Insurance Co. Ltd. Vs. Income-tax Officer, A-ward Indor ...
Court: Madhya Pradesh
Decided on: Apr-09-1962
Reported in: [1963]47ITR895(MP)
PANDEY J. - This petition under articles 226 and 227 of the Constitutions is directed against an order dated May 27, 1961, by which the Appellate Assistant Commissioner, Indore, rectified under section 35 of the Indian Income-tax Act, 1922 (hereinafter called the Act), an order of his predecessor-in-office dated May 29, 1957. By the impugned order, the losses allowed to be carried forward and set off were restricted to those incurred in the taxable territories. In this manner, the losses for the assessments year 1948-49 carried forward and set off were reduced from Rs. 78,123 to Rs. 1,075 and those for the assessment year 1949-50 were similarly reduced from Rs. 3,762 to Rs. 123.In the assessment years 1948-49 and 1949-50, the petitioner, who was assessed as a non-resident, incurred losses for the most part in the respectively in the life insurance business carried on by it. From December 1, 1949, the petitioner started the business of insurance against fire also. In the proceedings for...
Firm Bachhraj Amolakchand and anr. Vs. Firm Nandlal Sitaram and ors.
Court: Madhya Pradesh
Decided on: Apr-07-1962
Reported in: AIR1966MP145
Bhargava, J.1. This appeal arises out of Civil Suit No. 27-B of 1958 instituted in the Court of IIIrd Additional District Judge, Bilaspur, by the appellant firm against the respondent firm for the recovery of Rs. 11168-12-0 as damages for breach of contract. There is also another appeal (First Appeal No. 209 of 1959) which arises out of Civil Suit No. 26-B of 1958 instituted by the same plaintiff-appellant firm against a different defendant partnership firm Nandlal Radhakishan for the recovery of Rs. 10182-11-0 as damages for similar breach of contract. Both the suits were dismissed by the trial Court.2. The questions for consideration in both the appeals are identical, though the suits were based on different contracts. The evidence for both the cases was recorded in Civil Suit No. 26-B of 1958. This judgment shall therefore govern the disposal of both the appeals.3. In the body of this judgment we are referring to the facts of Civil Suit No. 27-B of 1958. Reference to documents will ...
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