Madhya Pradesh Court July 1963 Judgments
Commissioner of Sales Tex Vs. Shri Sadhna Aushadhalaya
Court: Madhya Pradesh
Decided on: Jul-26-1963
Reported in: [1963]14STC813(MP)
P.V. Dixit, C.J.1. In this reference under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958, at the instance of the Commissioner of Sales Tax, Madhya Pradesh, the question propounded for decision is :-Whether in the facts and circumstances of the case, Maha Bhringraj Oil is a toilet Article coming under item No. 11 of Part I of Schedule I to the C.P. and Berar Sales Tax Act, 1947, or is a medicinal oil and consequently liable to tax at Re. 0-0-6 in the rupee under Section 5(1) (c) of that Act ?2. The assessee, Shri Sadhna Aushadhalaya, Jabalpur, deals in the manufacture and sale of Ayurvedic preparations. The turnover of the material assessment year included sales of the value of Rs. 520-8-0 of a hair-oil known as 'Maha Bhringraj Hair-oil' manufactured and sold by the assessee. The Assistant Sales Tax Officer, Jabalpur, treated this hair-oil as a 'toilet Article' falling under entry No. 11 of Schedule I of the Central Provinces and Berar Sales Tax Act, 1947, (hereinafter...
Tag this Judgment!State of Madhya Pradesh Vs. Kanhaiyalal Bhuwanilal
Court: Madhya Pradesh
Decided on: Jul-25-1963
Reported in: AIR1964MP11; 1964CriLJ44; 1963MPLJ830
Newaskar, J.1. This is an appeal under Section 417 Criminal Procedure Code preferred by the State and is directed against the order of acquittal recorded by the First Class Magistrate Ratlam in Criminal Case No. 235 of 1961. The respondent was prosecuted under Section 9 (a) of the Opium Act for possession of contraband opium.2. The prosecution case against him is that on receipt of information that contraband opium was in the possession of the respondent Station Officer Badansingh of Namli decided to lay a trap. He along with constables Kararnatkhan and Rai-singh and Panchas Onkarlal and Nandu reached the village Bhadwasa at 8 P. M. on 30-7-1961. Constable Raisingh was sent to the house of one Shakoor where the respondent had agreed to bring opium for sale, S. I. P. Badansingh, Constable Karamatkhan and the Panchas kept themselves in hiding behind the house in front of Shakoor's house.Raisingh, who was dressed in plain clothes waited at the house of Shakoor and Shakoor informed Kanhaiy...
Tag this Judgment!State of Madhya Pradesh Vs. Nanda Dhanna Teli and ors.
Court: Madhya Pradesh
Decided on: Jul-25-1963
Reported in: 1964CriLJ453; 1963MPLJ835
V.R. Newaskar, J.1. This is an appeal Under Section 4r7, Criminal Procedure Code preferred by the State against the order of acquittal recorded by the First Class Magistrate Ratlam in Criminal Case No. 284 of 1959-2. In that case three persons Nanda, Narayan and Verda were prosecuted for an offence Under Section 9 a of the Opium Act. The- learned Magistrate found that the Arti-ie called Kachhi Afeem weighing four pounds was recovered from the possession of the three accused persons but the prosecution had failed to prove that the article which was thus called 'Afeem' in evidence was opium as denned Under Section 3 of the Indian Opium Act of 1878. The learned Magistrate in this connection relied upon the decision of Razzaque, J. in Criminal Revn. No. 269 of 1961, Kalian v. Stats of Madhya Pradesh decided on 22-11-1961.3. We have just now delivered judgment in Criminal Appeal No. 361 of 1962 : : AIR1964MP11 State of Madhya Pradesh v. Kanhaiyalal, in which a similar view taken by the lear...
Tag this Judgment!Jamnadas Son of Narayandas Vs. Mst. Radhabai Wife of Ballabhdas
Court: Madhya Pradesh
Decided on: Jul-20-1963
Reported in: AIR1963MP348
Sharma, J. 1. This is a defendant's First Appeal arising out of a suit for declaration of title and recovery of possession of certain immovable properties, and perpetual injunction restraining the defendant from disturbing the plaintiff's enjoyment of the suit property.2. The plaintiff Mt. Radhabai is the widow of Ballabhdas who died on 8-4-1928 (wrongly stated as 1929 in the plaint). Before his death Ballabhdas executed a will whereby he bequeathed his property to Narayandas. This devolution was, however, not to take effect till the death of Mt. Radhabai. Narayandas, the father of the defendant-appellant, died in 1942. During the minority of the defendant the plaintiff executed a will in his favour, but she subsequently cancelled it. The plaintiff alleged that after the death of her husband she maintained Narayandas and allowed him to manage her property, which he did till his death in 1942. After Narayandas's death she maintained the defendant, and by way of 'precaution', executed a ...
Tag this Judgment!Ramswaroop Sharma, T.T.E. Western Rly. Vs. Div. Comm. Supdt. and anr.
Court: Madhya Pradesh
Decided on: Jul-11-1963
Reported in: AIR1964MP155
Krishnan, J.1. This is a petition by a servant of the railway administration, in fact the second petition in regard to the same set of events in circumstances to be set out presently. His prayer is that this Court should direct that the administration should not implement its order punishing him by loss of increments. The ground is that he has already been exonerated by an order of this Court in Misc. Petition No. 44 of 1960 of the very allegations which have since been made the subject-matter of a second charge-sheet. The questions for decision are, on the facts, whether the two charge-sheets, namely, the earlier one the departmental decision on which was before the High Court in Misc. Petition No. 14 of 1960 and the later one as the result of which he has again been now punished, relate to the same set of facts and the second does not include any act on the petitioner's part not included in the first. The second question one of law or general principle of fairplay is, whether in the ...
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