Madhya Pradesh Court October 1964 Judgments
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Hindustan Steel Ltd., Bhilai Steel Project Vs. Kaushal Construction Co ...
Court: Madhya Pradesh
Decided on: Oct-30-1964
Reported in: AIR1966MP249
ORDERShiv Dayal, J.1. This revision is directed against the order passed by the District Judge, Durg at Rajnandgaon on 30th December 1963 whereby be dismissed the petitioner's application under Section 33 of the Arbitration Act. 1940 (hereinafter called the Act) to have the effect of an arbitration agreement determined. 2. The Hindustan Steel Limited, Bhilai Steel Project, Bhilai (hereinafter called the Project) entered into, on 21st June 1956, a contract with Messrs. Kaushal Construction Company (hereinafter called the Company) for the construction of Gas Cleaning Plan) on the same rates as agreed with Messrs Khare and Tarkunde (P) Limited. Subsequently, on 30th August 1957, the work of Crane Track for Coal Storage in the Coal Preparation Plant, on the same contract, conditions and rates, was also awarded to the Company. The agreement is on a printed form with two clauses (Clause 39 and Clause 40) superimposed on it and is also supplemented by a typed document styled as ' Special Cond...
Commissioner of Sales Tax Vs. Bakhat Rai and Co.
Court: Madhya Pradesh
Decided on: Oct-28-1964
Reported in: [1966]18STC285(MP)
ORDERP.V. Dixit, C.J.1. This is a reference under Section 44 of the Madhya Pradesh General Sales Tax Act, 1958, at the instance of the Commissioner of Sales Tax, Madhya Pradesh. The question which has been posed before us is - Whether cocoanuts, groundnut kernel and jira are oil-seeds coming under item No. 3 of Part II of Schedule I to the Act and, therefore, sales thereof are liable to tax at 0-0-3 in the rupee?2. During the course of sales tax assessment proceedings for the period from 15th November, 1955, to 2nd November, 1956, under Section 11(3) of the Central Provinces and Berar Sales Tax Act, 1947 (hereinafter referred to as the Act), the assessee M/s. Bakhat Rai and Co., a dealer in kirana and vegetable oil, contended that his sale transactions of cocoanut, groundnut kernel and jira were taxable as 'oil-seeds' at the rate of three pies in a rupee under Part II of Schedule I of the Act, and that sales tax on those transactions could not be imposed at the rate of six pies in a ru...
Ramsewak Bansaroop Vs. Gangaram Sukh Lal and ors.
Court: Madhya Pradesh
Decided on: Oct-27-1964
Reported in: 1965CriLJ282; 1965MPLJ159
Shiv Dayal, J.1. This petition for habeas corpus was made by Ramsewak, father of Smt. Shantibai, alleging that the girl, a minor, was married to Nirpatram in 1962; that Nirpatram treated her with cruelty and wrongfully confined her by putting a lock on the door of the house for about 20 days; that she was even denied food during that period; that he had caused several injuries on her person with sharp weapons and canes; that her condition was very serious because of Inhuman treatment; and that he received information about all this through an anonymous letter, the facts of which he personally ascertained. Then he approached the City Superintendent of Police, Jabalpur. Under his orders, the girl was recovered at village Lohar in a precarious condition with marks of injuries on different parts of her body. The girl was brought to Jabalpur on 10th September 1964 and after medical examination, her custody was entrusted by the police to her Jeth (brother-in-law) Gangaram. This petition was ...
Suganchand RamnaraIn Vs. State Transport Appellate Authority and ors.
Court: Madhya Pradesh
Decided on: Oct-20-1964
Reported in: AIR1965MP145; 1965MPLJ272
Dixit, C.J.1. This order will also govern the disposal of Misc. Petition No. 229 of 1964.2. The petitioners in these two cases seek writs of certiorari for quashing an order, dated 16th April, 1964 of the State Transport Appellate Authority by which that authority set aside an order of the Regional Transport Authority, Gwalior, granting a stage carriage permit for Shivpuri-Vidisha via Ashoknagar route to the applicant Gajendrasingh Kushwaha in Misc. Petition No. 229 of 1964 and granted a permit instead to the respondent No. 8 in each petition, namely, Shri Anandpur Trust.3. The material facts are that the permit for the aforesaid route was originally held by one Babulal. At the time when the renewal of Babulal's permit became due, the petitioner Messrs. Suganchand Ramnarain, in Misc. Petition No. 360 of 1964 applied for the grant of a permit to them and opposed the renewal of the permit in favour of Babulal. The Regional Transport Authority refused to renew Babulal's permit and rejecte...
Shree Onama Glass Works Ltd. Vs. Shri Ram Harak Panday and ors.
Court: Madhya Pradesh
Decided on: Oct-13-1964
Reported in: AIR1966MP282
ORDERS.P. Bhargava, J.1. The applicant, Shree Onama Glass Works, Ltd., Gondia, is a public limited company incorporated under the Indian Companies Act, 1956. It has its registered head office at Gondia, district Bhandara, in the State of Maharashtra. It owns a Glass factory and Refractory Works consisting of lands with the structures thereon situate in Jabalpur. The details have been shown in the map filed with the plaint. It also holds a mining lease for a fire clay mine in mouza Garha, Khasra number of which has been stated in the Schedule annexed to the plaint. It holds some other property also with which we are not concerned in the present case. The applicant was in actual possession of the aforesaid properties till 19-1-1962. On that day, the non-applicants got possession of the aforesaid properties through Shri A. V. Pandit, General Manager of the applicant. The applicant instituted a suit under Section 9 of the Specific Relief Act for possession of the aforesaid properties in th...
Padamsingh Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Oct-13-1964
Reported in: 1964MPLJ208; [1965]16STC134(MP)
P.V. Dixit, C.J. 1. By this reference under Section 44 of the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter called 'the Act'), the Board of Revenue has referred to this Court for its opinion the following questions which are said to be questions of law arising out of its order dated 26th October, 1962:(1) Whether, in the circumstances of the case, the Tribunal was justified in determining the liability of the applicant to tax during the assessment period on the basis of the material available on record instead of remanding the case?(2) Whether, on the facts and in the circumstances of the case, the applicant has been correctly held to be liable to tax during the assessment period on the basis of his quantum of purchases plus 20 per cent. thereon as profit?2. The facts of the case, shortly stated, are these. The applicant deals in cloth. Since he was formerly an unregistered dealer, an enquiry was made about his business in Case No. 42 of 1955 and, by an order dated 10th April...
Mst. Shanti Bai and ors. Vs. Biharilal and ors.
Court: Madhya Pradesh
Decided on: Oct-08-1964
Reported in: AIR1966MP11; 1965MPLJ150
Dixit, C.J.1. This application under Article 22G of the Constitution for the issue of a writ of certiorari for quashing a decision of the Board of Revenue has been made in the following circumstances.2. One Draupadibai was the last holder of certain Khasra numbers in Bhumiswami rights. She died in June 1961. On her death the Tahsilder, Gadarwarn, ordered mutation of the land in favour of the respondent No. 1 Biharilal. The petitioners then preferred an appeal before the Sub-Divisional Officer, Gadanvara, which was rejected. A second appeal preferred by them before the Commissioner. Jabalpur Division, may the same fate. Thereafter, they filed a revision petition before the Board of Revenue which was dismissed.3. Draupadibai had a sister Chironjibai who predeceased her and the petitioners Shanti Bai and Sushila Bai are the daughters of Chironjibai. The third petitioner is a daughter of Draupadibai's predeceased son Badriprasad. The respondent No. 1 Biharilal is a cousin of Draupadibai's ...
Sampatrao Vs. Collector and ors.
Court: Madhya Pradesh
Decided on: Oct-01-1964
Reported in: AIR1965MP179; 1965CriLJ219; 1965MPLJ66
Dixit, C.J. 1. This is an application under Articles 226 and 227 of the Constitution for quashing an order dated 20th November 1963 of the Excise Commissioner, Madhya Pradesh, and an order dated 28th November 1963 of the Collector, East Nimar, Khandwa, rejecting the petitioner's application for the grant of a permit for possession of two tolas of Ganja per month. The petitioner also prays that a direction be issued to the opponents to consider and dispose of according to law his application for the grant of a permit.2. Having heard learned counsel for the parties we have reached the conclusion that this application must be granted. By his order dated 28th November 1963 the Collector simply informed the applicant that according to an order dated 20th November 1963 of the Excise Commissioner the permit applied for by him could not be granted. The Commissioner rejected the application for the grant of a permit by observing;'There being no provision for grant of permit to Ganja addicts, no...
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