Madhya Pradesh Court September 1965 Judgments
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Madhya Pradesh State Road Transport Corporation Vs. R.C. Roy Poddar an ...
Court: Madhya Pradesh
Decided on: Sep-28-1965
Reported in: AIR1966MP226; 1965MPLJ149
Pandey, J.1. This is a petition under Articles 226 and 227 of the Constitution to call up and quash by certiorari an order passed by the State Transport Appellate Authority on 1st January 1965.2. The facts giving rise to this petition shortly stated, are these. The Regional Transport Authority, Rewa, invited applications for stage carriage permits for ihe Rewa-Bhopal route. Twenty-two persons separately applied for those permits. On 21st March 1960, when these applications came up in due course for a public hearing, the Regional Transport Authority suggested to 6 of the applicants that they should make a joint application for two return trip permits for the route. Those operators promptly took up the suggestion and made there and then the required application. Thereupon, by an order dated 21st March 1960, the Regional Transport Authority granted one return trip permit to 3 of those 6 applicants, and another like permit to the remaining 3 applicants, namely, Messrs Ashok Transport Compa...
Dhedu Sheoram Vs. Mst. Malhanbai Dhedu
Court: Madhya Pradesh
Decided on: Sep-28-1965
Reported in: AIR1966MP252
1. This appeal and the other appeal No. 9 of 1964 arise from cross-petitions made by the husband and the wife under the Hindu Marriage Act, 1955, both of which were decided in favour of the wife. The petition by the husband was for divorce under Section 13 of the Hindu Marriage Act, on the ground that the wife was living in adultery. The wife's petition was under Section 9 of the Act for restitution of conjugal rights. The real controversy between the parties is whether a child, whom the wife gave birth during the continuance of a valid marriage between the parties, was illegitimate. The husband refused to allow the wife to enter his house from the moment he discovered that she was pregnant Both the cases were consolidated in the Court below. Evidence was recorded only once, to be used in both the cases. It is, therefore, convenient to dispose of both the appeals by a common judgment. 2. The parties were married in 1957. The wife gave birth to a male child on 25th August 1960 during th...
D.K. Rai Vs. Excise Commissioner and anr.
Court: Madhya Pradesh
Decided on: Sep-22-1965
Reported in: AIR1966MP333; [1966(12)FLR306]; (1967)ILLJ97MP
Dixit, C.J.1. By this application under article 226 of the Constitution, the petitioner seeks a writ of certiorari for quashing an order passed by the respondent No. 1, the Excise Commissioner, on 24th February 1964 terminating the applicant's services on the expiry of one calendar month from the date of the receipt of the notice on that behalf. 2. The applicant was selected for the post of Excise Sub-Inspector on 1st June 1948 and appointed on probation. No order was passed by the respondent even till 24th February 1964 confirming the applicant. On 28th November 1963 the Excise Commissioner issued a notice to the applicant asking him to show cause why he should not be punished suitably inasmuch as on 17th June 1962, while posted at Beohari, he had demanded and accepted an illegal gratification of Rs. 100/- from one Shivratan Gour of Dhodar village. A departmental enquiry was then started on this charge by the Collector, Shahdol, who sent a memorandum to the petitioner on 31st December...
Chunnilal Balaji and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-15-1965
Reported in: AIR1967MP127
Shiv Dayal, J.1. This is a second appeal from the judgment and decree of the District Judge Khandwa The question is whether this appeal was filed within the prescribed limitation.2. Material dates are these:6-10-1964 Date of judgment. 9-10-1964 Date of signing the decree 24-3-1965 This appeal was filed. Thus the appeal was filed on the 169th day of the judgment 3. As regards the time spent in obtaining the copies of the judgment and decree, the material dates are 12-10-1964 Application made. 28-12-1964 Copies supplied (That was alsothe date on which the applicant was directed to appear for obtaining copies)Thus, the time spent in obtaining copies is 78 days Excluding this time from computation, the appeal was filed on the 91st day so that it is barred by one day.4. If the time intervening between signing of the judgment and signing of the decree, which is 3 days, is also excluded, the appealif, within time. It was held in Bhagwant v.Liquidator of Co-operative Society, 1955 NagLJ 286 (...
Dewan Shamsher Jang Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-09-1965
Reported in: AIR1966MP161; (1967)ILLJ327MP
Shiv Dayal, J.1. This is plaintiff's appeal from the dismissal of his suit for recovery of the difference between the salary paid to him and the salary and perquisites which he claimed to be entitled to, for the period from 1st November 1947 to 15th April 1959. He was initially employed as Diwan in the erstwhie Alipura State under an order dated 1st October 1945. On the merger of that State and certain other States in 1948, he was taken on in the service of the newly constituted United State of Vindhya Pradesh. Eventually, he was absorbed in Vindhya Pradesh (Part C) State. His services were continuous right from 1st October 1945 and were recognised as such by the new State of Vindhya Pradesh. In 1955, he was given an option to accept the Pre-absorption (Ex-States) Terms and Conditions as a whole. He opted for the service conditions as a whole under which he was in the service of the Alipura State, but the pay slip, which he received, was not in accordance with those service conditions ...
State of Madhya Pradesh Vs. Ambalal Premchand
Court: Madhya Pradesh
Decided on: Sep-06-1965
Reported in: 1970CriLJ427
H.R. Krishnan, J.1. This is an appeal under Section 417(1) Criminal Procedure Code, by State of Madhya Pradesh from the appellate order of the Additional Sessions Judge, Jhabua (in Criminal Appeal No. 29 of 1964) setting aside the conviction of the respondent under Section 7(1) read with Section 16(1) of the Prevention of Food Adulteration Act, 1954, and the sentence (in view of a previous conviction) of rigorous imprisonment for one year and a fine of Rs. 2000/-with further rigorous imprisonment in default of six months, recorded by the First Class Magistrate of Thandla, in Criminal Case No. 519 of 1963. Actually, the Sessions Court has, after thus setting aside the conviction and sentence, remanded the case for a retrial in accordance with certain directions set out in its judgment.2. The allegations that the respondent was offering to sell milk, had actually sold a sample to the Food Inspector, and that the sample sent for analysis in the prescribed manner was found to be below stan...
Ashiq Miyan and ors. Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Sep-04-1965
Reported in: AIR1966MP1; 1966CriLJ29; 1965MPLJ889
Dixit, C.J.1. This revision petition has come up before us on a reference by a Single Judge of this Court.2. The petitioners in this ease have been convicted by the Additional City Magistrate. Indore, under Section 9(a) of the Opium Act, 1878, and under Section 120B I. P. C., and sentenced to rigorous imprisonment for a period of two years on each count. Their joint appeal against the convictions and sentences were dismissed by the First Additional Sessions Judge. Indore Thereupon, they filed this revision petition against the decision of the Additional Sessions Judge When this petition first came up for hearing before one of us (Golvalker J.). it was contended on behalf of the petitioners, on the authority of a Division Bench decision of this Court in Sardar Khan v. State A. I. R. 1963 Madh Pra 337 that the investigation of the offence in the present case did not fall within the purview of Chapter XIV of the Criminal Procedure Code and the report of the police officer, on the basis of...
Commissioner of Sales-tax Vs. Mohanlal Harprasad Bidi Merchant
Court: Madhya Pradesh
Decided on: Sep-03-1965
Reported in: AIR1967MP33; [1966]17STC1(MP)
Pandey, J. 1. At the instance of the Commissioner of Sales Tax, Madhya Pradesh, the Tribunal (Board of Revenue) has made this reference under Section 44(1) of the Madhya Pradesh General Sales-tax Act, 1958. The questions of law which have been formulated for our opinion, are as follows :1. Whether, in the facts and circumstances of the case, it was incumbent on this Tribunal to decide the question of enhancement of tax pressed on behalf of the applicant on 17-8-1965 2. Whether, in the facts and circumstances of the case, the non-applicant's second appeal No. 205-III/62 should not have been dismissed as not pressed 2. The material facts, as they appear from the statement of the case, which are also undisputed, may be shortly stated. The assessee is a registered dealer who mainly carries on the business of manufacturing and selling bidis. His head office is at Sihora in Jabalpur district and his branch offices are situate at several places in this State and also in Utter Pradesh. For th...
Hafiz Mohammad Anwar Khan and anr. Vs. State of Madhya Pradesh and ors ...
Court: Madhya Pradesh
Decided on: Sep-03-1965
Reported in: AIR1967MP257
Pandey, J.1. This petition under Article 226 of the Constitution is directed against the election of the respondents 6 to 12 as councillors of the Municipal Council, Khairagarh, and also against the selection of the respondent 13 as such councilor.2. Since common questions of law arise, this petition and two other like petitions namely Ramdas v. Municipal Council, Sausar, Misc. Petn No. 53 of 1965 D/- 3-9-1965 (MP) and Baisanath Prasad v Collector, Morena. Misc. Peln No 117 of 1965 D/- 3-9-1965 (MP), have been heard together. In Misc Petn. No. 53 of 1965 D/- 3-9-1965 (MP). the election of the respondents 2 to 10 and the subsequent selection of the respondents 13 and 14 (as named therein) as councillors of the Municipal Council. Sausar, have been called in question. In the other petition, the election of the respondents 2 to 8 and the selection of the respondent 9 (as named therein) as councillors of the Municipal Council, Jora, have been challenged. This order shall dispose of the othe...
Commissioner of Sales Tax Vs. Chhotelal Bharosilal
Court: Madhya Pradesh
Decided on: Sep-03-1965
Reported in: [1966]18STC179(MP)
ORDER1. 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 for answer is :-Whether pind-khajur is dry fruit or preserved fruit 2. The material facts are that the assessee, Messrs Chhotelal Bharosilal of Gwalior, is a dealer in dry fruits and kirana. On the turnover of sales of pind-khajur during the period from 1st April, 1960, to 31st March, 1961, the firm was assessed to sales tax by the Sales Tax Officer, Gwalior, at the rate of 7 per cent, on the basis that pind-khajur was 'dry fruit' and fell under entry No. 24 of Part II of Schedule II to the Act. In appeal, the Assistant Commissioner of Sales Tax, Gwalior, upheld the view of the Sales Tax Officer. Both these taxing authorities rejected the contention of the assessee that pind-khajur was a fresh fruit falling under entry No. 18 of Schedule I to the Act and was exempted from tax.3. In s...
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