Madhya Pradesh Court February 1963 Judgments
Hanumanprasad Vs. Sales Tax Officer
Court: Madhya Pradesh
Decided on: Feb-28-1963
Reported in: [1963]14STC507(MP)
ORDERK.L. Pandey, J.1. This petition under Articles 226 and 227 of the Constitution is directed against an order of the Sales Tax Officer, Circle No. 1, Jabalpur, whereby he overruled the petitioner's objection to the effect that he could not be reassessed under Section 19(1) of the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter called the new Act). 2. The petitioner is a registered dealer, who carries on the business of selling parts of motor vehicles, typewriters, sewing machines etc. under the name and style of 'Modern Machinery Agency, Katni'. He had furnished in the usual manner his returns for the period 3rd November, 1956, to 23rd October, 1957. Since the Sales Tax Officer did not accept those returns as correct and complete, he issued on 10th March, 1959, a notice in Form XII to the petitioner. In due course, on 23rd May, 1959, the petitioner's sales were assessed to tax under Section 11(4)(a) of the Central Provinces and Berar Sales Tax Act, 1947 (hereinafter called t...
Tag this Judgment!Gulabchandra Kammodlal JaIn Vs. the State Government of Madhya Pradesh ...
Court: Madhya Pradesh
Decided on: Feb-20-1963
Reported in: AIR1963MP301; 1963CriLJ521; 1963MPLJ489
Dixit, C.J.1. This is an application under Section 12(5) of the Madhya Pradesh Public Security Act, 1959 (hereinafter referred to as the Act) to set aside an order passed by the Government on 19th September 1962 under Section 12(1) of the Act prohibiting absolutely the bringing into or sale, distribution, circulation, printing or publication within the State of Madhya Pradesh of all editions of a book bearing the title 'Madhyamik Samajik Adhyayan' containing the lesson titled 'Bharat Men Islam Ka Agman' and any newspaper, periodical, book, pamphlet or document containing the said lesson or its substance, translation or adaptation in any language. The application is also made to rest on Articles 226 and 227 of the Constitution for challenging the constitutionality of the Act and for making the prayer for the issue of a proper direction or order to quash the aforesaid order of the Government and for the issue of a writ of mandamus to the Board of Secondary Education, Madhya Pradesh to wi...
Tag this Judgment!Geeta and ors. Vs. Ratan Dhuraji
Court: Madhya Pradesh
Decided on: Feb-19-1963
Reported in: AIR1966MP221
V.R. Newaskar, J.1. This appeal arises out of husband's application under Section 25 of the Guardians and Wards Act for the recovery of the custody of his minor wife from her father, brother and others. The husband had also started proceedings for restitution of conjugal rights alleging marriage. In that proceeding the marriage itself was denied. The Court, on evidence, found that the marriage was proved and a decree for restitution of conjugal rights was passed. The decree was confirmed in appeal.2. Contentions raised on behalf of the girl's father in the present proceedings were (1) that the girl Geeta was in fact not married to the applicant and consequently he had no right to her guardianship, (2) and that she was only 10 or 11 and consequently it was not in the welfare of the girl that she should be taken away from the custody of her parents and be made over to the husband. The Court below held that the girl was married to the applicant, the finding being based on the decision in ...
Tag this Judgment!Anand Kumar and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-16-1963
Reported in: AIR1963MP256; 2009AIRSCW2786.
Dixit, C.J.1. The petitioners in this case pray for the issue of a writ of certiorari for quashing the notifications issued under Sections 4 and 6 of the Land Acquisition Act for the acquisition of land measuring 15.36 acres situated in mouza Hatital, tahsil and district Jabalpur, which includes some land belonging to them for a housing scheme of respondent No. 3, the Mahakoshal Housing Board.2. The material facts are these: On 18th July, 1958, a notification was issued by Government under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) and published in the M. P. Gazette of Sth August, 1958. It stated that land, area 53.35 acres situated in Hatital, Circle No. 753, Tahsil Jabalpur, was likely to be needed for the construction of houses by the Mahakoshal Housing Board, Jabalpur. The Mahakoshal Housing Board was a body constituted under the M. P. Housing Board Act, 1950. After the formation of the new State of Madhya Pradesh this Board continued to fun...
Tag this Judgment!Transport Corporation of India Vs. Chairman, Municipal Council, Munici ...
Court: Madhya Pradesh
Decided on: Feb-15-1963
Reported in: AIR1963MP253; 1963MPLJ303
Dixit, C.J.1. This opinion will also govern the opinion in Civil revision No. 178 of 1961.2. These two references by our learned Brother Krishnan J. are under Chapter I, Rule 9, Sub-rule (2) of the High Court Rule s. They arise out of two revision petitions under section 25 of the Small Cause Courts Act directed against two decisions of the Court of Small Causes, Indore, dismissing two suits filed by the petitionersfor refund of octroi duty said to have been paid by the petitioners to the Municipal Corporation of Indore, in respect of certain goods brought within the limits of the Indore Municipal Corporation. As the references are under Chapter I, Rule 9, Sub-rule (2) of the High Court Rules, we can only express an opinion on the questions on the basis of which a reference can be made to a large Bench under that rule. Under Sub-rule (2) of Rule 9, a reference is permissible if the case involves a question as to the interpretation of the Government of India Act or of any order in Counc...
Tag this Judgment!Mohansingh Laxmansingh Vs. Bhanwarlal Rajmal Nahata and ors.
Court: Madhya Pradesh
Decided on: Feb-14-1963
Reported in: AIR1964MP137
Dixit, C.J.1. This is an appeal under Section 116A of the Representation of the People Act, 1951 (hereinafter referred to as the Act), against an order of the Election Tribunal, Ratlam, setting aside the election of the appellant Mohansingh to the Madhya Pradesh Legislative Assembly from Sitamau constituency. Eight persons, including the respondent-Bhanwarlal, filed their nomination papers for election from the said constituency. The nomination paper of Hussain Khan was rejected by the Returning Officer. Himmatsingh withdrew his candidature. The appellant Mohansingh secured the largest number of votes and was declared as the returned candidate. The respondent-Bhanwarlal, who was defeated at the election, filed an election petition, out of which this appeal arises, praying that the election of the appellant be declared void and that he, who had secured the largest number of votes after the appellant, be declared duly elected. The election of the appellant was sought to be set aside on s...
Tag this Judgment!Madhya Pradesh State Road Transport Corporation Vs. State Transport Ap ...
Court: Madhya Pradesh
Decided on: Feb-11-1963
Reported in: AIR1965MP286; 1964MPLJ29
Dixit, C.J. 1. In this application, under Articles 226 and 227 of the Constitution by the Madhya Pradesh State Road Transport Corporation, Bhopal, the prayer made is for the issuance of a writ of certiorari for quashing a decision of the State Transport Appellate Authority granting in appeal permit for Jabalpur--Maibar route to the respondent No. 2. Laxminarayan.2. The said respondent had applied to the Regional Transport Authority, Jabalpur, for the grant of a permit in respect of Jabalpur--Rewa route. That application was rejected by the Regional Transport Authority on the ground that it was not competent to entertain it as the major portion of the route lay in Rewa region.Thereupon Laxminarayan appealed to the State Transport Appellate Authority contending that the, Regional Transport Authority should not have rejected his application outright but that it should have considered the question of the grant of a permit to him for the curtailed route, namely, from Jabalpur to Maihar. The...
Tag this Judgment!Rajmal Vs. Superintendent, Central Excise and anr.
Court: Madhya Pradesh
Decided on: Feb-08-1963
Reported in: AIR1967MP20; 1967CriLJ76
Naik, J.1. This petition under Article 226 of the Constitution is laid mainly against the directions implied in a memorandum, dated 22nd January 1963, issued by the Deputy Superintendent, Central Excise, Jabalpur (respondent 2), to the effect that dealers have to furnish a list of ornaments of gold pledged with them and that, after 8th February 1963, they can neither return such ornaments to the owners nor accept such ornaments as security for loans.2. The facts giving rise to this petition may be stated in a few words. After the commencement of the Defence of India (Amendment) Rules, 1963, introducing Part XII-A relating to control of gold, issued under Section 3 of the Defence of India Act, 1962 (51 of 1962) dealers of Sarafa Bazar, Jabalpur, were uncertain whether that Part affected the business of advancing loans on the security of gold ornaments irrespective of their purity and, in particular, whether such ornaments, of which they were in possession as security for loans which the...
Tag this Judgment!Gokul Prasad Bharat and ors. Vs. Board of Revenue and ors.
Court: Madhya Pradesh
Decided on: Feb-08-1963
Reported in: AIR1965MP38
Dixit, C.J. 1. This is a petition under Articles 226 and 227 of the Constitution for the issue of a writ of certiorari for quashing an order of 'surcharge' made against the petitioners by the Deputy Registrar, Co-operative Societies Bilaspur, on 1st February 1961 under Section 42D of the Co-operative Societies Act, 1912, as applied to Madhya Pradesh (hereinafter referred to as the Act), and for quashing a decision of the Board of Revenue upholding the said order of the Deputy Registrar. 2. The matter arises thus. The petitioners, while they were members of the Board of Directors of the Bilaspur Co-operative Central and Land Mortgage Bank Ltd., convened a meeting of the Board of Directors on 24th March 1959 and a general meeting, for the purpose of deciding the date and place of holding elections of the office-bearers of the Bank, on 10th April 1959. The Deputy Registrar taking the view that these meetings convened by the petitioners were wholly uncalled for and improper made an order o...
Tag this Judgment!Badlu Prasad Vs. Tirjuji Sitaram
Court: Madhya Pradesh
Decided on: Feb-07-1963
Reported in: AIR1965MP42; (1965)IILLJ666MP
Krishnan, J.1. In this letters patent appeal the only question for decision is whether the Single Bench was right in holding that the gratuity payable to an unskilled labourer by his employer at the time of his retirement is 'wages' for the purpose of Section 60(1)(h) Civil Procedure Code and as such not liable to attachment. Simple as this question is, the parties have not been able to place any answer in reported decisions. But in the light of general principles the Single Bench, in second appeal in an execution case, has held that gratuity is really a form of wages for that purpose, thereby reversing the decision of the District Judge in appeal that it is not; which in its turn was in variation of the executing Court's view that it is, and as such not attachable.2. It has been held throughout that the judgment-debtor is an unskilled labourer; so it is unnecessary to say anything more on that point. In all the Courts it was thought helpful to examine the definition of the word 'wages...
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