Madhya Pradesh Court November 1965 Judgments
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Commissioner of Sales Tax Vs. Shri Allwyn Cooper
Court: Madhya Pradesh
Decided on: Nov-26-1965
Reported in: [1968]21STC417(MP)
ORDER1. In this reference under Section 44 of the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter called the Act), at the instance of the Commissioner of Sales Tax, the question, which we have been asked to answer, is-Whether, on the facts and circumstances of the case, the disputed sales of manganese amounting to Rs. 2,77,976.45 P. were sales in the course of inter-State trade and commerce or were intra-State sales ?2. The assessee, Allwyn Cooper, who does the business of selling manganese, was assessed to sales tax under Section 18(3) of the Act for the period from 1st October, 1957, to 30th September, 1958, on his turnover of the sales of manganese of the value of Rs. 2,77,976.45 P. During the assessment proceedings, he claimed that this entire turnover was of sales in the course of export of manganese out of India, and that in any case the sales were inter-State sales and, therefore, not liable to be taxed under the Act. This objection was negatived by the taxing authoritie...
Radhikabai Vs. Sadhuram Awatrai
Court: Madhya Pradesh
Decided on: Nov-25-1965
Reported in: AIR1970MP14; 1969MPLJ565
Krishnan, J.1. The appellant, who is the wife-defendant in the husband's suit for judicial separation, moved the Court to grant of interim maintenance and for litigation expenses under Section 24 of the Hindu Marriage Act. The Court rejected the prayer for maintenance, but granted a sum of Rs. 100/- as against the prayer for Rs. 300/- on the ground of expenses in theproceedings. Now the wife has come up in appeal praying that a monthly allowance should have been granted for her support and the expenses of the proceedings should have been granted more liberally, the husband for his part has filed a cross-objection against the grant of Rs. 100/- for the expenses of the proceedings. The questions for decision are:(1) Whether, simply because the wife has been and is being supported by her father and by her maternal uncle, she is not entitled to a grant of money payable by the husband; (2) Whether she being one capable, with some effort, of earning her support the husband can still be compe...
Shivkunwarbai Vs. the State and ors.
Court: Madhya Pradesh
Decided on: Nov-25-1965
Reported in: AIR1967MP6
Newaskar, J. 1. On difference betweenTare and Kishnan JJ., and agreeing with Tare JJ. On a difference of opinion between the judges constituting the Division Bench these two Miscellaneous Petitions Nos. 18 and 19 of 1964 have been placed before me as a third Judge. 2. The petitioners Shivkunvarbai and Bapu Vishwanathsingh referable to these two petitions seek to challenge the orders, dated 28-1-1964 passed by the Sub-Divisional Officer Jhahua, in his capacity as the competent authority under Section 6 of the Madhya Pradesh Government Premises (Eviction) Act, 1952 (XVI of 1952), which was confirmed in appeal No. 11 of 1963-64 by the Collector Jhabua, as being without jurisdiction. 3. Material facts are as below: 4. The petitioner Shivkunwarbai is the widow of Bapu Gordhansingh, who was the son of Paswinji Navaratanbai, a mistress of Maharaja Udaisingh of Jhabua. There was another mistress known as Paswanji Bhagirathibai of Maharaja Udaisingh. Petitioner Bapu Ramsinghji was born of her. ...
Ramgopal Satyanarain, Bus Operator Vs. M.P. State Road Transport Corpo ...
Court: Madhya Pradesh
Decided on: Nov-25-1965
Reported in: AIR1966MP227
Dixit, C.J.1. This is an application for staying the operation of this Court's order dated 28th September 1965 allowing an application filed by the Madhya Prariesh Slate Road Transport Corporation, Bhopal v. R.C. Roy Poddar, Misc. Petn. No. 292 of 1965, dated 28-9-1965: (AIR 1966 Madh Pra 226), under Articles 226 and 227 of the Constitution and quashing by a writ of certiorari an order passed by the State Transport Appellate Authority on 1st January 1965 granting to the petitioner along with one Sriram Khanna and S.S. Pande a return trip permit for Rewa-Bhopal route. The petitioner's application for a certificate for appeal to the Supreme Court from the decision dated 28th September 1965 was rejected by this Court on 11th October 1965. It has now filed an application for Special Leave in the Supreme Court. The hearing of the petitioner's application for Special Leave has been postponed by the Supreme Court till the disposal of another Special Leave petition in which points similar to t...
Manmohan Mathur Sudhirchand Mathur Vs. Addl. Area General Manager, Nat ...
Court: Madhya Pradesh
Decided on: Nov-15-1965
Reported in: AIR1966MP126
Dixit, C.J. 1. By this application under Article 226 of the Constitution, the petitioner, who says that he and some 200 other persons own dwelling houses in 'Sadak Dafai' locality in village Chirimiri of Manendragarh Tehsil of district Surguja and who claims to hold a Patta in Bhumiswami rights of certain lands in the locality, prays that a direction be issued to the respondents prohibiting them from carrying on any 'depillaring' operations underneath the land on which his house and those of other persons stand. 2. The material facts are that land in village Chirimiri is a coal-bearing area. On 1st February 1957, the State Government, acting in the exercise of the functions of the Central Government under the Land Acquisition Act, 1894. entrusted to it by the President in the exercise of his powers under Article 258(1) of the Constitution, issued a notification under Section 4(1) of the Land Acquisition Act stating that the lands specified in the notification, which included Chirimiri ...
State of Madhya Pradesh Vs. Ramcharan and ors.
Court: Madhya Pradesh
Decided on: Nov-11-1965
Reported in: AIR1966MP331; 1966CriLJ1447
ORDERN.M. Golvalker, J. 1. By this report under Section 438, Criminal Procedure Code, the Sessions Judge, Chhindwara, has recommended that the conviction of the accused-owner Jeewanlal under Section 42/123 of the Motor Vehicles Act, be set aside but the conviction on that count of accused Rameharan and Ramsingh be confirmed, and that conviction of Ramsingh under Section 22/ 122 of the said Act be set aside while the conviction on the said count of Rameharan and Jeewanlal be confirmed. 2. On 28-7-1963 while checking the passenger bus owned by Jeewanlal and which was driven by Rameharan with Ramsingh as its conductor it found to be overloaded by allowing more passengers to travel therein than what was permitted, and that the said vehicle was not registered, its registration under the Motor Vehicles Act having expired on 30-6-1963. 3. The trying Magistrate convicted not only the driver and the conductor but also the owner Jeewanlal although he was not present in the bus at the lime of che...
Madan Mohan Kunwar Vs. State Transport Appellate Authority and anr.
Court: Madhya Pradesh
Decided on: Nov-06-1965
Reported in: AIR1966MP144
Dixit, C.J.1. This is an application under Articles 226 and 227 of the Constitution for the issue of a writ of certiorari for quashing a decision dated 9th June 1965 of the State Transport Appellate Authority dismissing an appeal preferred by the petitioner against an order dated 31st July 1964 of the Regional Transport Authority, Bilaspur cancelling a permit held by him in respect of Jashpur-Tori route. A writ of certiorari has also been sought for quashing the order of the Regional Transport Authority.2. The petitioner's permit in question had been cancelled earlier also by the Regional Transport Authority on 6th May 1963 for failure to maintain the route. That order was, however, set aside in appeal--by the State Transport Appellate Authority on the ground that the permit was cancelled without complying with the proviso to Section 60(1) of the Motor Vehicles Act, 1939. The appellate authority by its order dated 11th November 1963 remitted the matter to the Regional Transport Authori...
Capital Multipurpose Co-operative Society Ltd. Vs. Madhya Pradesh Stat ...
Court: Madhya Pradesh
Decided on: Nov-06-1965
Reported in: AIR1967MP151
Bhave, J.1. In this petition under Article 226 of the Constitution the applicant seeks a writ of certiorari for quashing the order of the State Transport Appellate Authority, Gwalior (respondent No. 2), dated 13 August 1965, by which the order of the R. T. A., Bhopal (respondent No. 3), dated 8 July 1963, renewing the permit in favour of the petitioner, has been set aside and the case has been remanded to it for disposal according to law.2. The petitioner-Society as the transferee of a permit for five return trips dally on the Bhopal-Piplani route applied for a renewal of the permit. Respondent No. 1, the State of Madhya Pradesh State Road Transport Corporation, objected to the renewal of the permit and also made an application for the grant of a permit to itself. When the matter came up for consideration before the R. T. A., the Corporation questioned the validity of the transfer of the permit to the petitioner by the original holder, Natwar Transport Company (Private) Ltd., Bhopal, a...
Shardul Singh Vs. the State of Madhya Pradesh and ors. Overruled
Court: Madhya Pradesh
Decided on: Nov-04-1965
Reported in: AIR1966MP193; (1968)IILLJ274MP
Dixit, C.J. 1. In this case the petitioner, who was a Sub-Inspector of Police, seeks a writ of certiorari for quashing an order dated the 30th November 1963 of the Inspector General of Police dismissing him from service. The order of the Inspector General of Police was upheld in appeal by the Government, and it writ is sought for quashing that order also.2. The petitioner's dismissal was as a sequel to a departmental enquiry held against him on the charges that on 24th June 1962 when the constables detailed at Korandha border for checking smuggling of rice into Bihar State intercepted and seized twenty-two pony-loads of rice which was being taken across the border, the petitioner forced the constables to release the rice under the threat of dire and serious consequences; that he suppressed information about this crime of smuggling; and that he also, under threats of harassment and vengeance, forced the constables to write out false duly certificates and thus abused his position. The de...
Commissioner of Sales Tax Vs. Agricultural Implements Dealers' Syndica ...
Court: Madhya Pradesh
Decided on: Nov-04-1965
Reported in: [1966]18STC524(MP)
ORDERP.V. Dixit, C.J.1. In this reference under Section 44 of the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter called the Act), at the instance of the Commissioner of Sales Tax, the question which has been placed before us for decision is-Whether chaffcutter (kutti-ki-machine) comes under item 12 'mowers' of Notification No. 736-3694-V-SR, dated 1st April, 1959, issued by the State Government as laid down in item 1 of Schedule I appended to the Madhya Pradesh General Sales Tax Act, 1958. 2. The assessee, Messrs Agricultural Implements Dealers' Syndicate, was assessed to sales tax by the Assistant Sales Tax Officer, Morena, on its turnover during the material perisd of sales of ^^dqV~Vh dh e'khu**. This assessment was upheld in appeal by the Assistant Commissioner of Sales Tax, Gwalior. In the second appeal preferred by the assessee, the Sales Tax Tribunal (Board of Revenue), however, held that as ^^dqV~Vh dh e'khu** was a 'mower' mentioned in item No. 12 of Notification No. ...
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