Madhya Pradesh Court May 1963 Judgments
State Vs. Kalu and ors.
Court: Madhya Pradesh
Decided on: May-13-1963
Reported in: AIR1964MP182; 1964CriLJ185
Krishnan, J. 1. These 35 appellants, all residents of a village called Kachotiya about 6 miles from the thana headquarters at Khilchipur in Rajgarh District, were put on trial and all convicted under Section 302 read with Section 149, Indian Penal Code for the membership of an unlawful assembly in the execution of the common object of which four persons were killed; they have been sentenced, fourteen of them, namely, those numbered 3, 6, 7, 8, 16, 17, 28 to 35 to the extreme penalty subject to confirmation by this Court, and the remaining 21 to imprisonment for life. In addition they have been convicted, numbers 1 to 33 and 35 under Section 325 read with 149 Indian Penal Code and sentenced to live years rigorous imprisonment each and under Section 323 read with 149 with sentences of rigorous imprisonment for one year each and all under Section 147 Indian Penal Code with a sentence of two years rigorous imprisonment all sentences to run concurrently.2. In regard to another 25 who had be...
Tag this Judgment!United Collieries Ltd. and anr. Vs. Engineer in Chief, South Eastern R ...
Court: Madhya Pradesh
Decided on: May-03-1963
Reported in: AIR1964MP42; 1963MPLJ701
Dixit, C.J. 1. This is an application under Articles 226 and 227 of the Constitution of India for the issue of a command to the State Government, the Collector of Surguja, the Divisional Forest Officer, Sur-guja, and South Eastern Railway Administration and its Engineer-in-chief at Manindragarh to secure and preserve the rights of the petitioners granted to them under a mining lease by the State of Madbya Pradesh and to ensure the continued enjoyment of those rights by the petitioners and their quiet possession. The petitioners also pray for the issue of a prohibitory direction restraining the respondents from interfering in any way with the petitioners' rights under the lease.2. The material facts of the case are very simple. By an indenture of lease concluded between the first petitioner, the United Collieries Ltd. (hereinafter referred to as the Company), and the State Government on 9th April 1962 the Company was granted for a period of thirty years, commencing from 3rd January 1946...
Tag this Judgment!Basantilal Ratanlal JaIn Vs. Umashankar Muljibhai Trivedi and ors.
Court: Madhya Pradesh
Decided on: May-03-1963
Reported in: AIR1965MP94; 1965MPLJ378
Naik, J. 1. This is an appeal under Section 116A of the: Representation of the People Act, 1951 (hereinafter referred to as 'the Act') against the order of the Election Tribunal, Ratlam, dismissing under Sub-section (3) of Section 90 of the Act the election petition filed by the petitioner Basantila] against the election of respondent No. 1, Umashanbai' Trivedi to the Lok Sabha from 36, Mandsaur Parliamentary Constituency, on the ground that Vimal Kumar Chordia, a candidate against whom allegations of corrupt practice had been made in the petition, had not been made a party respondent.2. Facts relevant for purposes of this appeal may shortly be stated as follows:In the last general elections to the Lok Sabha from the 36, Mandsaur Parliamentry Constituency the respondents Umashankar Trivedi, Dr. Raghubir Singh and Virendra Singh were the contesting candidates. Along with the aforesaid contesting candidates, Vimal Kumar Chordia and some others had also filed their nomination papers; but ...
Tag this Judgment!Bhanwarsingh Bhupsingh Rajput Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-03-1963
Reported in: AIR1963MP335; 1963MPLJ862
Newaskar, J.1. This is a petition under Article 226 of the Constitution submitted by the petitioner for the issue of a writ of mandamus or certiorari or any other kind of writ or direction.2. The case of the petitioner is that he had been employed as a Circle Inspector in the Police Department of the State of Madhya Pradesh till 13-8-1962 when he was retired on the ground that he had attained the age of superannuation in spite of his protest, and that he had not reached the age of Fifty-five on that date. According to the petitioner his real date of birth was 18-12-1911 and that that date had been accepted as such for the purpose of his life-Insurance by the Life, Insurance Department of the Holkar State as far back as on 7-12-1934, after getting him medically examined on 22-12-1932; that he had passed the Patwari's examination in the year 1928 from the State of Jhalarapatan and the certificate of passing dated 26-10-1928 issued under the signature of the Revenue Minister of the State ...
Tag this Judgment!Orissa Hides Trading Company Vs. Sales Tax Officer
Court: Madhya Pradesh
Decided on: May-01-1963
Reported in: 1963MPLJ208; [1964]15STC36(MP)
ORDER1. This is an application under Articles 226 and 227 of the Constitution for the issue of a writ of certiorari for quashing a notice issued to the petitioner Under Section 18(6) of the M.P. General Sales Tax Act, 1958 (hereinafter referred to as the Act) in Form No. XVI prescribed by the M. P. General Sales Tax Rules, 1959, for the petitioner's alleged failure to apply for registration rendering itself liable to the best judgment assessment and penalty. The alternative prayer of the petitioner is that the Sales Tax Officer, Raipur, be directed to decide its preliminary objection that the proceedings initiated against it Under Section 18(6) of the Act are barred by time.2. After receiving the notice, the petitioner submitted on 25th May, 1962, to the Sales Tax Officer, Raipur, his objections in writing to the assessment proceedings. Its objection was that the period from 1st July, 1955, to 5th March, 1959, in respect of which it was said to have failed to apply for registration, fe...
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