Madhya Pradesh Court April 1965 Judgments
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S.R. Kalani and Co. Vs. C.L. Sharma and anr.
Court: Madhya Pradesh
Decided on: Apr-27-1965
Reported in: 1965MPLJ553; [1965]16STC756(MP)
ORDERP.V. 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 an order passed by the Additional Assistant Commissioner of Sales Tax, Indore, imposing a penalty of Rs. 20,000 on the petitioner under Section 43(1) of the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter referred to as the Act).2. The material facts are that an order for the assessment of sales tax for the year 1962-63 was made by the Additional Assistant Commissioner of Sales Tax on 14th February, 1964. At the conclusion of that order the Assistant Commissioner observed that during assessment it had been noticed that the petitioner had deliberately concealed its turnover and had submitted false returns; and that this called for action under Section 43(1) of the Act and directed the issue of a notice to the petitioner under that provision.3. On receipt of the order of assessment and a notice of demand as also a notice under Section 43...
Laxminarayan and ors. Vs. Shivanarayan
Court: Madhya Pradesh
Decided on: Apr-26-1965
Reported in: AIR1968MP74
K.L. Pandey, J. 1. This case comes before us on a reference made by Tare J. (or resolving the disharmony between Hiralal v. Nilkanth, Civil Revn. No. 14 of 1951 D/- 18-12-1951 decided by V. R. Sen J. (Nag) & Nilkanth v. Laxman, (Civil Revn. No. 399 of 1963 D/- 19-12-1963by S. B. Sen J.) (MP). The questions which Tare J. had formulated for our consideration are:(i) Whether a plaintiff suing for vacant possession of a plot of land after demolition of the superstructure is required to value the claim for purposes of court-fee and jurisdiction with reference to the value of the plot only or he should include in his claim the value of the superstructure as well? (ii) Whether the view as pronounced in C. R. No. 14 of 1951 D/- 18-12-1951 (Nag) (supra) or in C. R. No 399 of 1963 D/- 19-12-1963 (MP) (supra) is in accord with the provisions of Section 7(v)(b) of the Court-fees Act and Sections 3 and 4 of the Suits Valuation Act, 1887, read with the Madhya Pradesh Rules framed thereunder? 2. The ...
In Re: Narayan Singh Amar Singh and ors.
Court: Madhya Pradesh
Decided on: Apr-24-1965
Reported in: AIR1965MP225; 1965CriLJ507
1. The judgment in this appeal shall also govern Criminal Appeals Nos. 45 and 55 of 1964.1a. The accused-appellants Narayan Singh and Harnath Singh have been convicted by the Additional Sessions Judge, Morena, under Section 395 of the Indian Penal Code and sentenced to rigorous imprisonment for five years together with a fine of Re. 1/-, or, in default, further rigorous imprisonment for one day. The accused-appellant Chhotelal has been convicted in the same trial under Section 395, read with Section 75, of the Indian Penal Code and sentenced to imprisonment for life. They have all filed appeals against their convictions and sentences--Narayan Singh and Chhotelal from jail, and Harnath Singh through his counsel, Shri J. P. Gupta.2. The prosecution case, in brief, is as follows: On the night between the 10th and 11th of December 1962, at about mid-night, there was a dacoity at the house of Dhudilal (P. W. 2) in village Chhota Kheda, during which the inmates of the house were beaten and t...
Ganeshgir S/O Sukhagir and anr. Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-23-1965
Reported in: AIR1966MP311; 1966CriLJ1273
Golvalker, J. 1. The petitioners, who at the relevant time were respectively serving as 'Overman' and 'Sirdar' in the Eklehra Colliery situate in tahsil and district Chhindwara, are being prosecuted under Section 304A, Indian Penal Code, in two trials as there were two deaths as a result of their negligence while working as such 'Overman' and 'Sirdar' (Criminal Cases Nos. 164 of 1964 and 165 of 1964).2. The prosecution case in short is that the petitioners as such 'Overman' and 'Sirdar' were to periodically inspect the roof inside the mine where working was going on; that the roof at a certain place inside the mine collapsed killing two persons underneath its debris; that if the said roof had been duly inspected by the petitioners, its weakness and imminent danger of its collapsing would have been detected and remedied and deaths of the two individuals would have been averted.3. The petitioners contended before me, as was unsuccessfully contended in the Courts below, that their prosecu...
Smt. Shantabai Alias Gourabai W/O Tarachand Vs. Tarachand
Court: Madhya Pradesh
Decided on: Apr-22-1965
Reported in: AIR1966MP8; 1965MPLJ615
Shiv Dayal, J.1. This is an appeal from the judgment and decree declaring the marriage between Tarachand and Smt. Shantibai a nullity on the ground of her impotency under Section 12(1)(a) of the Hindu Marriage Act, 1955.2. The parties were married at Indore on 28th November 1960. The husband belongs to Khandwa. where she lived with him till June 1962. During that period, she sometimes visited her parents at Indore. The husband alleged in the petition that he made several attempts to consummate the marriage but she did not allow him to do so and at every such attempt she abused him and showed repugnance to the act by withdrawing herself from his bed and even from the room. The wife resisted the petition and, denying her own incapacity for copulation, contended that in fact it was he who showed strong abhorrence, so that a sexual union could not be possible in spite of her repealed attempts.3. Admittedly, there has been no consummation of the marriage. The parties had no sexual connectio...
Gitabai Vs. Fattoo and anr.
Court: Madhya Pradesh
Decided on: Apr-22-1965
Reported in: AIR1966MP130; 1965MPLJ559
Shiv Dayal, J.1. This is an appeal wader the Hindu Marriage Act, 1955, from the dismissal of a petition under Section 13 of the Act for divorce, on the ground that, the petitioner's husband has taken a second wife in marriage and is living with her. The petition was resisted by the husband. Although he admitted that subsequent to his marriage with the petitioner, he has married a second wife and is living with her, his contention was that the second wife was taken with the consent of the petitioner. The learned Additional District Judge held that the respondent did not prove that the second marriage was with the consent of the petitioner. He dismissed the petition on the ground that it did not fall within the purview of Sub-section (2) of Section 13 inasmuch as the second marriage was solemnized after the commencement of the Act.2. In our opinion, the trial Judge was right when he held that Sub-section (2) of Section 13 of the Act did not come to the aid of the petitioner. Under Sectio...
Smt. Umri Bai Vs. Chittar
Court: Madhya Pradesh
Decided on: Apr-22-1965
Reported in: AIR1966MP205
Shiv Dayal, J. 1. This is an appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter called the Act). In 1961 the appellant made an application under Section 10 of the Act for judicial separation on the ground that the respondent had deserted her for a continuous period of more than two years immediately preceding the presentation of the petition and further that he treated her with cruelty. The parties were married in or about the year 1951. They lived together upto November 1957. No child was born to them. The petitioner's case was that for about three and half years prior to the presentation of the petition her husband deserted her and did not cohabit with her. He filed a criminal complaint against her under Section 494 of the Penal Code, alleging that she had contracted another marriage with one Chhinga. She was acquitted. Now she has apprehension in her mind that if she would live with the respondent, her life would be in danger, or her nose would be cut off, or she w...
Ramnetra Vs. District Superintendent of Police and ors.
Court: Madhya Pradesh
Decided on: Apr-21-1965
Reported in: AIR1966MP58; (1966)ILLJ363MP; 1965MPLJ699
Pandey, J. 1. This is a petition under Articles 226 and 227 of the Constitution to call up and quash by certiorari-(i) an order dated 16th July 1963 whereby the Superintendent of Police, Chhindwara, dismissed the petitioner from service; (ii) an order dated 24th October 1963 by which the Deputy Inspector General of Police, Jabalpur, dismissed the petitioner's appeal against the earlier order; and (iii) an order dated 24 February 1964 by which the Inspector General of Police rejected the petitioner's further representation against the action taken in regard to him. 2. The facts giving rise to this petition are these. At the material time, the petitioner was employed as a Head Constable attached to the Police Station House at Amarwara, on 25th December 1962, Abdul Mobin, Circle Inspector, received from one Maganlal a complaint against the petitioner. The Circle Inspector held a preliminary enquiry and submitted his report to the Superintendent of Police who, on 24th January 1963, direc...
Commissioner of Income-tax, M. P., Nagpur and Bhandara Vs. Sardar C. S ...
Court: Madhya Pradesh
Decided on: Apr-20-1965
Reported in: [1966]61ITR636(MP)
DIXIT C.J. - In the consolidated reference under section 66(1) of the Indian Income-tax Act, 1922, arising out of assessment proceedings for the assessment years 1956-57, 1957-58, 1958-59 and 1961-62 by the Appellate Tribunal, Bombay, at the instance of the Commissioner of Income-tax, the question which we are required to answer is :'Whether, on the facts and in the circumstances of the case, the interest that was received on the amount of compensation paid for resumption of the assessees jagirs was a capital receipt ?'The material facts are that the assessee is an ex-jagirdar of the former Gwalior State. His jagir estate was abolished by the Madhya Bharat Abolition of Jagirs Act, 1951 (hereinafter referred to as the Act). The jagir stood resumed as from 4th December, 1952, on which date a notification under section 3 of the Act was published for the resumption of the all jagir lands in the quondam State of Gwalior. On the resumption of his jagir the assessee became entitled to receive...
Chima Mahariya Vs. the State
Court: Madhya Pradesh
Decided on: Apr-16-1965
Reported in: 1969CriLJ1291
H.R. Krishnan, J.1. These two appeals arise from the judgment of the Additional Sessions Judge Barwani in a criminal case in which the two appellants husband and wife were sent up under a charge respectively of murder and under Section 201, I.P.C. of giving false information with the intention of saving the offender from punishment. The former for murdering, by gunshot, one Khandiya Bhilala of the same village; and the latter for falsely informing the authorities that she has killed the said Khandiya Bhilala in self-defense when he tried to abduct her so that he could make her his wife. The husband has been sentenced to imprisonment for life under Section 302, I.P.C., while the wife has been sentenced to two year's rigorous imprisonment under Section 201, I.P.C.2. The conviction is based almost wholly on what may be called circumstantial evidence and the extra-judicial confessions or the statements of one or other of the accused persons before different villagers. The common ground in ...
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