Madhya Pradesh Court September 1964 Judgments
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Govind Prasad Sharma Vs. Board of Revenue and ors.
Court: Madhya Pradesh
Decided on: Sep-29-1964
Reported in: AIR1965MP66; 1965CriLJ301; 1965MPLJ179
Dixit, C.J.1. In this application under Article 226 of the Constitution of India for the issue of a writ of certiorari for quashing a decision of the Board of Revenue upholding in appeal an order of the Commissioner, Jabalpur Division, the question raised is as regards the Regality of a fine of Rs. 29,784/- imposed on the petitioner Govind Prasad Sharma under Section 228 (7) of the Madhya Pradesh, Land Revenue Code, 1954.2. The matter arises thus. The petitioner-obtained in 1954 a mining lease for extracting iron ore from an area of 12.59 acres of certain Khasra, numbers including a part of Khasra No. 537 situated in village Pratappur of Sihora tahsil of district Jabalpur. In 1955 the part of the Khasra No. 537 which had not been leased out to the applicant for extraction of iron ore was given to him for purposes subsidiary to mining. On 17th January 1956 the petitioner entered into a contract with one Smt. Sarla Devi Khemka for raising of iron ore from 8.48 acres; out of the total are...
Kanhaiyalal Thakurdas and ors. Vs. the Gulab Bai Digambar JaIn Kanya V ...
Court: Madhya Pradesh
Decided on: Sep-22-1964
Reported in: AIR1965MP160; 1965MPLJ188
Dixit, C.J. 1. By this application under Article 226 of the Constitution the petitioners, who are in occupation as tenants of three tenements in a building owned by the respondent No. 1, the Gulab Bai Digumbar Jain Kanya Vidyalaya, Bhopal (hereinafter referred to as the Vidyalaya), pray for the issue of a writ of ceiliorari for quashing a notification issued by the State Government on 22nd May, 1963 under Section 3(2) of the Madhya Pradesh Accommodation Control Act. 1961 (hereinafter referred to as the Aet) exempting the said building from all the provisions of the Act.2. The long title of the Act is:'An Act to provide for the regulation and control of letting and rent of accommodation and the eviction of tenants therefrom.' With this view provisions have been inserted in Chapter II of the Act regarding fixation of standard rent and prohibition of recovery of rent in excess of standard rent and unlawful charges. Section 12 lays down restriction on eviction of tenants. There are other p...
Deepchand and anr. Vs. Land Acquisition Officer and anr.
Court: Madhya Pradesh
Decided on: Sep-21-1964
Reported in: AIR1965MP93; 1965MPLJ153
Dixit, C.J.1. This petition under Articles 226 and 227 of the Constitution is directed against an award dated 13th January 1964 which the Land Acquisition Officer, Rajgarly, gave under Section 11 of the Land Acquisition Act, 1894 (hereinafter called the Act), and also against the taking of possession of 400'x268' of land out of S. Nos. 285, 286 and 287, total area 2.46 acres, of village Biaora following that award.2. The facts so far as they are necessary for disposal of this petition may be shortly stated. At the instance of Municipal Committee, Biaora (respondent 2), proceedings were initiated for acquiring land for a bus stand at Biaora. Notifications were duly issued under Sections 4 and 5 of the Act. Thereafter, notices were issued to the petitioners under Section 9 of the Act and they submitted, as required, a statement of their claim. On 8th January 1964, they made an application under Section 49 of the Act widen, as amended for this State reads:'1. The provisions of this Act sh...
Nandlal Bhandari Mills Ltd. Vs. Employees' State Insurance Corporation ...
Court: Madhya Pradesh
Decided on: Sep-18-1964
Reported in: AIR1966MP324; (1966)IILLJ867MP
Newaskar, J.1. This appeal is preferred by the employers M/s Nandlal Bhandari Mills Ltd. and the Superintendent of the said Milk in respect of the claim for Rs. 8730 decreed by the the Judge of the Employees' State Insurance Court against them in favour of Employees' State Insurance Corporation. The last named Corporation had preferred a claim for the aforesaid sum against the appellants for reimbursement of the actuarial present value of periodical payments amounting to Rs. 8400 for permanent partial disablement benefits payable to the insured one Balkrishan together with the amount already paid to him Rs. 330 in all Rs. 8730. 2. The worker Balkrishan was employed in the Printing Department of the appellant Mills his duty being to see that no creases were caused in the cloth fed during the process of printing. On 24-2-1961 while he was working at the Printing Machine his left hand slipped, got entangled and crushed in the nip which existed between the Central Calender Drum and the Cop...
Baboo Lal Choubey Vs. the Municipal Council
Court: Madhya Pradesh
Decided on: Sep-17-1964
Reported in: AIR1965MP270
Dixit, C.J. 1. By this application under Articles 226 and 227 of the Constitution the petitioner, who was elected in 1959 as the president of the Municipal Council, Chhuikhadan, prays for the issue of a writ of certiorari for quashing a resolution passed by the Council on 4th May 1964 expressing no confidence in him.2. The applicant contends that there was no requisition at all as required by Section 47(2) (i) of the M.P. Municipalities Act, 1961 (hereinafter called the Act) for the convening of a meeting at which the motion of no-confidence was passed; that the notice of the meeting was not given to him and other Councillors ten clear days before the meeting; and that the meeting was presided over by one of the Councillors and not by the Vice-President of the Council, who was present at the meeting and who alone under Sections 52 and 59 of the Act could preside over the meeting.3. There is no substance in any of these contentious, and this application must be dismissed As has been sta...
Commissioner of Sales Tax Vs. Shri Harichand Chandulal
Court: Madhya Pradesh
Decided on: Sep-17-1964
Reported in: [1965]16STC13(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 we are required to answer is:--Whether 'khowa' comes under the word 'curd' in item No. 21 of Schedule I to the Act and is, therefore, exempt from tax under the Act? 2. The material facts are that the assessee Harichand Chandulal of Seoni is a dealer in grains, oil-seeds and 'khowa'. For the assessment period from 12th November, 1958, to 31st October, 1959, the Sales Tax Officer imposed on the assessee purchase tax under Section 7 of the Act on sales of 'khowa' of the value of Rs. 27,536-5-9. The assessee's contention was that as under entry No. 21 of Schedule I to the Act 'khowa' was exempted from tax under Section 10(1) of the Act, no purchase tax could be imposed on him on the sales of 'khowa'. This contention was negatived by the Sales Tax Officer as well as in first appeal against the ord...
The Commissioner of Sales Tax Vs. Jabalpur Aerated Water Factory
Court: Madhya Pradesh
Decided on: Sep-16-1964
Reported in: AIR1965MP71
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. The question propounded for our decision is:'Whether the word 'drinks' in item No. 49 of Part II of Schedule II to the Act includes aerated, water?'2. The material facts are that the assesses. M/s Jabalpur Aerated Water Factory, Jabalpur, manufactures and deals in aerated waters. During the course of assessment proceedings for the period, 1st April 1959 to 31st March 1960, the assesses raised the contention that the tax payable by it on sales of aerated water was 4 per cent according to Part VI of Schedule II to the Act, and not at 7 per cent according to entry No. 49 of Part II of Schedule II. This contention was rejected by the Sales Tax Officer as well as by the first appellate authority. It was, however, accepted by the Tribunal holding that the word 'drinks' in, Item No. 49 of Part II of Schedule II did not include 'aerated water'....
Narsinghdas Jankidas Mohta Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-16-1964
Reported in: AIR1965MP159; 1965MPLJ79
Dixit, C.J.1. The petitioner's application for the renewal of a mining lease for fire-clay over an area of 802.21 acres in villages Jatwar and Majhgawan of tahsil Bandhogarh, district Shahdol, was rejected by the State Government on 22nd October, 1962. Soon after the communication of the rejection order to the petitioner on 14th November, 1962, he filed on 27th November, 1962 a revision petition under R. 54 of the Mineral Concession Rules, 1960, before the Central Government against the decision of the State Government. The State Government was informed by a letter, dated 10th September, 1963 addressed by the Under Secretary to the Government of India in the Ministry of Mines and Fuels that the Central Government had set aside the order of the State Government refusing renewal of the petitioner's lease and had directed the Slate Government to renew the mining lease for a period of 20 years in favour of the petitioner in accordance with the Mineral Concession Rules, 1960. As the opponen...
Municipal Corporation Vs. Kishan Swaroop
Court: Madhya Pradesh
Decided on: Sep-16-1964
Reported in: AIR1965MP180; 1965CriLJ220
Bhargava, J. 1. This is an appeal by the Municipal Corporation Gwalior against the order of the Municipal Magistrate, first class, Gwalior, acquitting the respondent Kishan Swaroop of the offence under Section 7(1) read with Section 16(1) of the Prevention of Food Adulteration Act (7 of 1954) (hereinafter called the Act).2. Briefly stated the facts arc that Shri Radhey Shyam Sharma, Food Inspector of the Municipal Corporation Gwalior purchased 3/4 seer of milk from the respondent on 10-5-1960 at about 7 A. M. for 36 paise. The milk purchased was divided into 3 portions and samples were taken in three separate phials. One of the phials was given to the accused, the other was sent to the Public Analyst for analysis on 17-5-60 and the third was preserved for production in Court. The Public Analyst analysed the sample of milk apparently on 19-5-1960. In his opinion the sample contained fat 2.9 per cent non-fatty solids 7.39 per cent and added water 17.8 per cent. It was not challenged that...
State of Madhya Pradesh Vs. Arjundas Tekchand
Court: Madhya Pradesh
Decided on: Sep-15-1964
Reported in: 1965CriLJ157
P.B. Sharma, J.1. These two appeals involve a common question of law and will, therefore, both be disposed of by this judgment.2. The respondents in both cases are medical practitioners at Umaria. They are not licencess under the provisions of the Drugs Rules as well as the Drugs Act for selling medicines specified in Schedule (c) of the Drugs Rules. The Assistant Surgeon Umaria, in his capacity as Inspector under the Drugs Act, on Inspecting the shops of the two respondents Harbaxrai and Arjundas, found certain medicines stocked in the almirah of each shop where the respondent in each case carried on his profession as a physician. These included the medicines mentioned in Schedule (c) of the Drugs Rules. The District Medical Officer Shahdol filed complaints against the respondents under Section 18 (a) (v) and (c) of the Drugs Act read with Section 27 of the Drugs Act, 1940. The Magistrate First Class Umaria, who tried the accused, acquitted the respondent. The State Government has now...
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