Madhya Pradesh Court September 1962 Judgments
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State of Madhya Pradesh Vs. D.V. Parkhani and ors.
Court: Madhya Pradesh
Decided on: Sep-27-1962
Reported in: AIR1964MP222; 1964CriLJ301
S.P. Bhargava, J.1. This order shall dispose of RevisionNo. 82 of 1962. (State v. D. V. Parkhani and others)also. 2. The accused in all these cases were prosecuted before the Magistrate First Class, Chhindwara, on complaints filed by the Labour Inspector. They were charged with having committed breach of para. 9 Clause (2) and para. 10 of the Coal Mines Bonus Scheme) hereinafter called 'the Scheme'. The said breach is punishable under para. 12 (1) (a) and 12 (2) of the Scheme. The accused were convicted by the trial Court under both the counts and were sentenced to pay a fine of Rs. 30/- and Rs. 20/- respectively for the offences specified. The Additional Sessions Judge, Chhindwara has made a reference to this Court under Section 438 of the Code of Criminal Procedure recommending that the sentences should be quashed.3. The non-applicants in all these cases are the Directors of limited-liability companies owning coal mines. It is not disputed that they failed to pay bonus in respect of ...
General Manager, M.P. State Road Transport Corporation Vs. Radhey Lal ...
Court: Madhya Pradesh
Decided on: Sep-27-1962
Reported in: AIR1964MP156; (1965)IILLJ669MP
Dixit, C.J.1. By this application under Articles 226 and 227 of the Constitution, the petitioner seeks a writ of certiorari for quashing an order of the Labour Court, Ujjain, directing the reinstatement of the opponent No. 1, Radhye Lal, in the service of the petitioner. The order of the Labour Court was upheld in revision by the Industrial Court and a writ of certiorari is sought for quasing the decision of the Industrial Court also.2. The respondent Radhye Lal was employed as a driver by the Madhya Bharat Road Ways, which, along with the Central Provinces Transport Service, has now been incorporated in the M. P. State Road Transport Corporation. On 6th April 1961, the General Manager of the M. B. Road Ways passed anorder under Clause 13(a) of the Standing Orders terminating Radhye Lal's services on the ground that he had attained the age of superannuation prescribed for the holder of a civil post under the State of Madhya Pradesh. The termination was made effective on the expiry of t...
Ahmad Abdulla and anr. Vs. Ayesha W/O Allabux and ors.
Court: Madhya Pradesh
Decided on: Sep-24-1962
Reported in: AIR1963MP282
Newaskar, J.1. This is an appeal under Clause 10 of the Letters Patent of this High Court and is directed against the decision of Sen J., who considered the effect of omission to bring on record the legal representatives of one of the plaintiffs in a suit for partition at the stage of appeal where the parties were Mohammedans. The question arose after the passing of the preliminary decree by the High court in second appeal on an application submitted on behalf of the defendants dated 30-12-1955 contending that the preliminary decree was null and void due to the aforesaid emission. The trial Court considered the omission to be not fatal to the decree so as to make it null and void. It consequently passed a final decree for partition. On appeal by the defendants the appellate Court upheld the defendant's contention and set aside the final decree further holding that the preliminary decree was a nullity. Sen J., in second appeal against that decision upheld the decision and dismissed the ...
Sheojiram Parmanand Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Sep-24-1962
Reported in: 1962MPLJ229; [1963]14STC9(MP)
ORDER1. This order will govern Miscellaneous Civil Case No. 112 of 1962 also.2. These two petitions are directed against two separate orders of the Board of Revenue, dated 28th February, 1962, by which the petitioner's applications under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958, were dismissed as barred by time, Since there is no provision in that Act similar to Sub-section (3) of Section 66 of the Income-tax Act, 1922, we allowed the petitioner to convert these petitions into petitions under Article 226 of the Constitution upon payment of the requisite court-fees.3. The material facts may be briefly stated. The Board dealt with two appeals, Nos. 123 of 1959 and 124 of 1959, which the petitioner had filed against assessments of tax on sales made during the periods 22nd October, 1949, to 9th November, 1950, and 10th November, 1950, to 30th October, 1951. In these two appeals, arguments were heard on 28th November, 1960, and the cases were posted for order on 7th D...
Govind Shankar Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Sep-17-1962
Reported in: AIR1963MP115; 1963MPLJ139
Dixit, C.J.1. By this application under Articles 226 and 227 of the Constitution the petitioner, who was formerly an Inspector of Police, prays for the issue of a writ of certiorari for quashing an order dated 1st October 1960, of the Inspector-General of Police dismissing him from service.2. In 1959-60 a departmental enquiry was held against the petitioner in the following circumstances as stated by the department.On 15th Feburary 1958, 1130 tolas of ganja in two packets of the value of Rs. 2,150/- was seized by the Seoni police in connection with a criminal case. Whan the petitioner, who was Station Officer, Seoni, solicited orders of the Sub-Divisional Magistrate, Seoni, regarding destruction of the ganja which was no longer required for any purpose, the Sub-Divisional Magistrate, Seoni, Shri Khanna, addressed a memorandum to the Station Officer, Seoni, on 8th November 1958 to send the ganja to him for destruction. When the Sub-Divisional Magistrate, Seoni, did not receive the ganja...
Murlidhar Kishangopal (Firm) Vs. the Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Sep-17-1962
Reported in: AIR1964MP224
Dixit, C.J.1. In this reference by the Income-tax Appellate Tribunal pursuant to an order made by this Court on 5 August 1957 on an application filed by the assessee under section 66 (2) of the Indian Income-tax Act, the question formulated for our decision is:'Whether in the circumstances of this case as found, having regard to the personal law of the parties and the law relating to partnership, the document of partnership dated 3-2-1949 represents a genuine or sham transaction?'2. The facts of the reference are as follows : In the assessment year 1950-51 the assessee Messrs. Murlidhar Kishangopal of Indore made an application under Section 26-A of the Act for registration of their partnership firm as constituted by deed of partnership dated 3 February 1949. It was stated by the assessee that Murlidhar Jhavar and his six sons were members of a joint Hindu family carrying on business in money lending and speculation: that the family disrupted on 29 October 1948: and that subsequently M...
Murlidhar Kishangopal Vs. Commissioner of Income-tax, M. P., Nagpur an ...
Court: Madhya Pradesh
Decided on: Sep-17-1962
Reported in: [1963]50ITR628(MP)
In this reference by the Income tax Appellate Tribunal pursuant to an order made by this court on 5th August, 1957, on an application filed by the assessee under section 66(2) of the Indian Income-tax Act, the question formulated for our decision is :'Whether in the circumstances of this case as found, having regard to the personal law of the parties and the law relating to partnership, the document of partnership dated February 3, 1949, represents a genuine or sham transaction ?'The facts of the reference are as follows :In the assessment year 1950-51 the assessee, Messrs. Murlidhar Kishangopal of Indore, made an application under section 26A of the Act for registration of their partnership firm as constituted by a deed of partnership dated February 3, 1949. It was stated by the assessee that Murlidhar Jhavar and his six sons were members of a joint Hindu family carrying on business in money lending and speculation; that the family disrupted on October 29, 1948; and that subsequently ...
Commissioner of Sales Tax Vs. Mangilal Rameshwar Dayal
Court: Madhya Pradesh
Decided on: Sep-13-1962
Reported in: [1964]15STC326(MP)
K.L. Pandey, J.1. Under Section 44(1) of the Madhya Pradesh' General Sales Tax Act, 1958 (hereinafter called the Act), the Board of Revenue has referred to us the following question of law,:Whether, under Section 38 of the M.P. General. Sales Tax Act, 19.58, read with Rule 58 of the rules thereunder, it is incumbent upon the appellate authority to give an opportunity of hearing to the appellant before summarily rejecting his appeal for non-payment of the full tax assessed that may be due, if a prayer for exemption from such tax had been made by the appellant in the memo of appeal ?2. On 28th August, 1959, the Sales Tax Officer, Gwalior, assessed the tax payable on sales made by the non-applicant in the year 1957-58 and directed him to pay Rs. 1,238-93 as such tax. Being aggrieved, the non-applicant appealed against the assessment in the prescribed form No. XXVI. Since he had paid only Rs. 412 out of Rs. 1,238-93, he made in the memorandum of appeal a prayer to the effect that the appea...
Rustomjee Dorabsha and anr. Vs. Manmal Prabhudayal
Court: Madhya Pradesh
Decided on: Sep-12-1962
Reported in: AIR1964MP15
Krishnan, J.1. This is the defendants' appeal from a decree for the arrears of rent of a leased factory and premises included, based on an umpire's award, with a few modifications by the 'Court substantially in their favour. This is one ot the four cases that have come up before this Court at about the same time in which different problems concerning awards on arbitrations have been raised and decided. Quite a number of grounds were raised before the trial Court by the defendants, most of which were rejected. Before this Court the following grounds are emphasised:(i) The reference itself was invalid because it had included two items of claim which was outside the scope of the suit; this is a basic illegality not cured by the Court's separating the portion within the scope of the suit, and basing its decree on that only, (ii) The umpire was not properly appointed at all and as such did not get any jurisdiction, (iii) The award does not contain any reasoning so that we are in doubt as to...
Damodardas Nagori Motilal Vs. the Rubby General Insurance Co. Ltd.
Court: Madhya Pradesh
Decided on: Sep-12-1962
Reported in: AIR1965MP32; 1965MPLJ801
1. The suit of the plaintiff-appellant was for the recovery of Rs. 16,000/- from the defendant insurance Company (hereinafter referred to as 'the Company'), which, he alleged, became due to him on the comprehensive policy of his motor vehicle insurance when it suffered an accident at Morena on or about 8-11-1947. In the alternative, he claimed that the dispute may be referred to arbitration, in terms of the policy of insurance, through the intervention of the Court as the respondent Company had declined to have it so referred.2. The case of the plaintiff was that he was the owner of his Studebaker Commander Land Cruiser Sedanbody car, bearing registered No. G. S. 2190 L, which was insured for Rs. 16,000/- with the defendant Company under a comprehensive policy of insurance (policy No. 6039, dated 23-9-1947) for the period 1-10-1947 to 30-9-1943. On 8-11-1947, he had gone to Morena along with Shri M.L. Gupta, Advocate. The motor-car was being driven by a licensed driver, Matapurkar. The...
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