Madhya Pradesh Court December 1966 Judgments
Vinod Sagar Sood Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Dec-23-1966
Reported in: AIR1967MP182
Dixit, C.J. 1. The petitioner, Vinod Sagar Sood, who unsuccessfully sought admission in any of the Medical Colleges in the State, seeks a direction to the respondents Nos. 1 and 2 to consider his application 'strictly on merits' and to admit him in any Medical College. He also prays that Rule 5 of the 'Rules' framed by the Government regulating admissions in Medical Colleges and the Dental College be declared ultra vires and quashed. 2. The Government of Madhya Pradesh has laid down certain principles styled as 'Rules for admission in Medical Colleges, and Dental College, 1966' for regulating admissions of students to these colleges. It has been laid down in these 'Rules' that selection of candidates from amongst those, who have applied for admission, will be made on merit as disclosed by the percentage of marks obtained in B.Sc. Part-I (Three years Degree Course) or its equivalent examination or in the B.Sc. Final or its equivalent examination, whichever is more favourable to the cand...
Tag this Judgment!Premji Bhai Ganesh Bhai Kshatriya Vs. Vice Chancellor, Ravishankar Uni ...
Court: Madhya Pradesh
Decided on: Dec-23-1966
Reported in: AIR1967MP194
Bhave, J.1. By this petition under Articles 226 and 227 of the Constitution the petitioner seeks a writ of certiorari for quashing an order of the Vice-Chancellor, Ravishankar University. Raipur, cancelling the provisional admission granted to the petitioner for appearing at the final LL.B Examination held by the University in April 1065, The petitioner also seeks a writ of mandamus directing the respondents to publish his result for the said examination for which he was allowed to appear and his admission was subsequently cancelled. 2. The petitioner was a student of final LL.B. in the College of Arts and Commerce. Janjgir, District Bilaspur. The final law examination was held from 15-4-1965 to 29-4-1965. The petitioner had duly filled in the examination form which was forwarded by the Principal to the University. It appears that though the Principal of the College had received the admission card of the petitioner, it was not issued to the petitioner till the morning of 15-4-1965. pre...
Tag this Judgment!Kanhiram Ramgopal Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Dec-23-1966
Reported in: AIR1967MP210; [1967]19STC408(MP)
Bhave, J.1. The Sales Tax Tribunal (Board of Revenue) has made this reference under Section 44 (1) of the Madhya Pradesh General Sales Tax Act, 1958, (hereinafter referred to as the Act) at the instance of the assessee. The question referred to us for decision is -'Whether on the facts and in the circumstances of the case the purchases of hemp jute were not exempt under Section 50 (1) (iii) of the M. P. General Sales Tax Act, 1958, and were liable to purchase tax under Section 7 of the said Act?'2. The assessee-firm is a registered dealer having its head-office at Seoni and a branch-office at Calcutta. The assessee deals in various articles including jute. During the assessment period from 21st October 1960 to 8th Novemer 1961, the assessee purchased hemp worth Rs. 11,42,629.10 from agriculturists and unregistered dealers. No sales tax was payable under Section 6 of the Act on these sales by the agriculturists and unregistered dealers. The hemp urchased by the assessee was not resold i...
Tag this Judgment!Perfect Pottery Co. Ltd. Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Dec-23-1966
Reported in: AIR1967MP234; [1967]19STC234(MP)
Bhave, J. 1. This is a reference under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958. The Sales Tax Tribunal (Board of Revenue, Madhya Pradesh), at the instance of the assessee, has referred the following two questions for our decision:'(1) Is that word 'contract' occurring in the proviso in Sub-section (1) of Section 4 of the Central Provinces and Berar Sales Tax Act, 1947, to be interpreted according to the Indian Contract Act or is it to be interpreted according to Section 2(b) of the Central Provinces and Berar Sales Tax Act, 1947? (2) Under the facts and circumstances of the case, are the sales amounting to Rs. 13,06,449-3-0 liable to the payment of sales tax under Explanation II in Clause (g) of Section 2 of the Central Provinces and Berar Sales Tax Act. 1947?' 2. The assessment period is from 1-10-1947 to 31 12-1948. The assessee-company is a manufacturer of certain stone-wares, junctions, gully traps, channels, etc. of various sizes and dimensions as also dom...
Tag this Judgment!Bhopal Sugar Industries Ltd. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Dec-22-1966
Reported in: AIR1967MP197
Bhave, J. 1. The petitioner is a Public Ltd., Company and carries on the business of Manufacture of sugar. The petitioner-company owns extensive sugarcane farms. The Sub-Divisional Officer, Sehore, who is the competent authority under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (Act No 20 of 1960) (hereinafter referred to as the Act), served a notice on the petitioner-company calling upon it to submit a return in terms of Section 9 of the Act. In reply to the said notice, the Company submitted that it held only 'exempted land' and that under the scheme of the Act the company was not required to submit a return This contention was accepted by the competent authority and the proceedings were dropped. The Commissioner, Bhopal Division, however, in exercise of his revisional jurisdiction, called upon the company to show cause why the order of the competent authority should not be revised and that authority be directed to proceed with the enquiry contemplated under Section...
Tag this Judgment!Prabhakar Narayan Menjoge Vs. State of Madhya Pradesh Through Secretar ...
Court: Madhya Pradesh
Decided on: Dec-22-1966
Reported in: AIR1967MP215; [1967(15)FLR10]; (1968)IILLJ290MP
ORDER1. By this application under Articles 226 and 227 of the Constitution the petitioner, who was employed as a Forester, seeks a writ of certiorari for quashing an order passed by the Divisional Forest Officer, Rajnandgaon, on 26th July 3962 dismissing him from service. The order of the Divisional Forest Officer was upheld in appeal by the Conservator of Forests, Raipur Circle. A writ has been sought for quashing that order also.2. The material facts are that on complaints being received about illicit felling in reserved and protected Forests in Taragaon Circle, where the petitioner was posted, with the connivance of the petitioner and some other employees of the Forest Department, a preliminary enquiry was held by the Sub-Divisional Forest Officer, Kawardha. into the reports about illicit felling and it was found that illicit felling was indulged in on account of the negligence and connivance of the petitioner. The applicant was then placed under suspension with his head-quarters at...
Tag this Judgment!Dadabhoy's New Chirimiri Ponri Hill Colliery Co. Private Ltd. Vs. Stat ...
Court: Madhya Pradesh
Decided on: Dec-20-1966
Reported in: AIR1967MP184
Dixit, C.J.1. By this application under articles 226 and 227 of the Constitution the petitioner 'Dadabhoy's New Chirimiri Ponri Hill Colliery' a private limited Company (hereinafter referred to as the Company,) having its registered office in Bombay and its administrative office at Nagpur and holding a lease for the mining and obtaining coal from a colliery situated in Chirimiri seeks a writ of certiorari for quashing (1) an order passed bythe State Government on 1st October 1965 making it liable for payment of royalty at the rate of 5 per cent of F. O. R. price for the period from 1st July 1958 to 28th December 1961 subject to a minimum of Rs. 2,47,000 per annum and directing that from 29th December 1961 the Company would be liable to pay royalty according to rates specified in the lease granted to it, (2) an order dated 19th November 1965 of the State Government rejecting the petitioner's representation for a revision of the decision of the Government dated 1st October 1965 and (3) a...
Tag this Judgment!Shyamlal Vs. Smt. Saraswati Bai
Court: Madhya Pradesh
Decided on: Dec-20-1966
Reported in: AIR1967MP204
Surajbhan, J.1. This is an appeal by Shyamlal, against the judgment and decree dated 22-10-1964, passed by the learned 2nd Additional District Judge, Bhopal, in civil suit No. 2-A of 1964, whereby the petition of the appellant under Section 9 of the Hindu Marriage Act for restitution of conjugal rights was dismissed with costs.2. It is not disputed that the appellant was married to Saraswatibai respondent at Sehore in the year 1947, and both of them lived together as husband and wife till November 1960. The respondent has 2 daughters and 1 son from the appellant and at present they are living with the respondent.3. The appellant filed an application under Section 9 of the Hindu Marriage Act alleging that the respondent left his house in November1960 on the excuse that her mother was ill at Sehore, and when she did not return for about a fortnight, he went there and requested her to come back with him, but she refused to live with him as his wife. The appellant served her with two notic...
Tag this Judgment!inderlal Balkiram Vs. Mahngi Bai Imratlal and ors.
Court: Madhya Pradesh
Decided on: Dec-12-1966
Reported in: AIR1967MP163
Dixit, C.J. 1. This is a petition to revise an order of the First Civil Judge, Second Class, Jabalpur, postponing consideration of the plaintiff-applicant's prayer under Section 13 (6) of the Madhya Pradesh Accommodation Control Act. 1951, for striking out the non-applicants' defence against eviction till after the determination of the question whether the non-applicants are tenants of the petitioner 2. The revision petition has been placed before us for hearing and disposal as there arc conflicting Single Bench decisions of this Court on the question whether before invoking Section 13 of the Act against the defendant in a suit for eviction there must be first a finding that the defendant is a tenant of the plaintiff. A reference to these decisions will be made later On the language of Section 13 of the Act, and regard being had to the object and purpose of the provision, we have no hesitation in holding that the provisions of Section 13 come into play the moment a person, claiming him...
Tag this Judgment!S.R. Calcuttawala Vs. the Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Dec-09-1966
Reported in: AIR1967MP180; [1967]19STC230(MP)
Dixit, C.J.1. This is a reference under Section 44 (1) of the Madhya Pradesh General Sales Tax Act, 1958. (hereinafter called the Act), at the Instance of the assessee, M/s. S.R. Calcuttawala, Indore. The questions, which the Sales Tax Tribunal has placed before us for decision, are--'(1) Is P. V. C. rexine cloth leather-cloth?(2) Is P. V. C. rexine cloth exempted from the payment of sales tax under Item (6) of Schedule I of the M. P. General Sales Tax Act, 1958?(3) Is the sale of P. V. C. Rexine cloth taxable under Item (88) of Schedule II of the M. P. General Sales Tax Act. 1958?(4) Is the sale of P. V. C. rexine cloth taxable under Item (1) of Part VI of Schedule II of the M. P. General Sales Tax Act, 1958? and(5) Is the sale of P. V. C rexine cloth exempted from the payment of sales tax under Notification No. 2765-2264-VST dated 12-12-1960 of the Separate Revenue Department of the Government of Madhya Pradesh?'2. The assessee. M/s. S. R. Calcuttawala is a dealer engaged in the busi...
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