Madhya Pradesh Court December 1967 Judgments
Bhagwat Prasad Choube Vs. State of Madhya Pradesh Through Secy. to Edu ...
Court: Madhya Pradesh
Decided on: Dec-22-1967
Reported in: AIR1968MP177; (1969)IILLJ281MP; 1968MPLJ171
ORDER1. The petitioner in this case, who is employed as Head-Master in Primary School, Sunarhai, Jabalpur, challenges the validity of an order passed by the District Education Officer, Jabalpur, with regard to his retirement from service as a result of the amendment of Rule 56 of the Fundamental Rules reducing the age of retirement from 58 to 55.2. The applicant was before 1st October 1963 in the employment of the Municipal Corporation, Jabalpur, as a primary school teacher. In 1963 the State Government raised the age of superannuation of Government servants from 55 to 58. Following this action of the State Government, the Municipal Corporation also decided to raise the age of retirement of its employees from 55 to 58. On 24th April 1963 the Standing Committee of the Corporation passed a resolution deciding to raise the age of retirement in conformity with the Government's decision. On 1st October 1963 the petitioner was absorbed in Government service under the Madhya Pradesh Local Aut...
Tag this Judgment!Chandra Shekhar Khamparia Vs. L.P. Tiwari, Administrator, Municipal Co ...
Court: Madhya Pradesh
Decided on: Dec-21-1967
Reported in: AIR1968MP140; (1969)ILLJ844MP; 1968MPLJ217
Dixit, C.J. 1. The petitioner in this case, who is employed as a compounder in the Jabalpur Municipal Corporation, challenges the validity of an order passed by the Administrator, Municipal Corporation, with regard to his proposed retirement from service 2. The facts and circumstances in which this application has been filed are that in 1963 the State Government raised the age of superannuation of Government servants from 55 to 58. Following this action of the State Government the Municipal Corporation also decided tp raise the age of retirement of its employees from 55 to 58. On 24th April 1963 the Standing Committee of the Corporation passed a resolution deciding to raise the age of retirement in conformity with the Government decision. On 20th May 1966 the Corporation made a bye-law in exercise of the power under Section 427 read with Section 56 of the Madhva Pradesh Municipal Corporation Act, 1956 (hereinafter referred to as the Act) regulating the conditions of service of officers...
Tag this Judgment!Union of India (Uoi) Through General Manager, C.R.V.T., Bombay Vs. Fir ...
Court: Madhya Pradesh
Decided on: Dec-21-1967
Reported in: AIR1971MP131
A.P. Sen, J.1. This is an appeal by the Union of India as representing the Central Railway directed against the decree of the Additional District Judge. Satna, dated 29th February 1964, reversing the decree passed by the Civil Judge, Class II, Satna, dated 22nd December 1959. 2. Briefly stated, the facts of the case, are: The plaintiffs brought a suit for recovery of Rs. 1222.08 P. as damages caused to a consignment of black tin plates by the negligence and/or misconduct of the employees of the Union of India. The consignment was loaded by the consignor on 30th August 1957, at the tin plate Siding. Tata Nagar, on the South-Eastern Railway, which was the contracting railway, in a wagon indented for by him. The consignment was carried in N W T wagon No. ER 5908 under R/R No. 521447 dated 30th August 1957, to the Satna Railway Station on the Central Railway for delivery to the plaintiffs. The unloading of the goods was in the consignee's presence and the seals were admittedly found intact...
Tag this Judgment!Keshri Parmai Lodhi and anr. Vs. Harprasad and ors.
Court: Madhya Pradesh
Decided on: Dec-18-1967
Reported in: AIR1971MP129; 1970MPLJ669
T.C. Shrivastava, J.1. The appellants had filed a suit for possession of agricultural lands and a house situate in village Maili. Tahsil Niwas, District Mandla. The suit was dismissed by the trial Court and the decree has been confirmed in appeal. 2. The facts in the case are no longer in dispute. The property in suit originally belonged to one Nathu Lodhi. Nathu died leaving Mst. Mungia, his widow, as his sole heir. Mst. Mangia died in the year 1962. The appellants, Keshri and Dasrath, are Nathu's daughter's sons. Respondent No. 1, Harprasad, is his distant relation Respondent No. 2, Chhabilal, is the son of Mst. Mungia by her previous husband, Bhangi, and came with her when she married Nathu. Respondent No. 3, Karodimal, is an outsider who did not appear at any time to contest the claim. The real dispute is between the appellants and respondent No. 2, Chhabilal. It is also not disputed that after the death of Nathu, Mst. Mungia came in possession of his estate as full owner under Sec...
Tag this Judgment!Bhopal Sugar Industries Ltd. Vs. Commissioner of Income-tax, M. P.
Court: Madhya Pradesh
Decided on: Dec-12-1967
Reported in: [1968]70ITR403(MP)
The Income-tax Appellate Tribunal, Bombay, has as required under section 66(2) of the India Income-tax Act, 1922, stated the case and referred to this court for its opinion the following question of law :'Whether, on the true construction of rule 23 of the rules framed under the Indian Income-tax Act, 1922, and the Government Notification No. S. R. O. 3419 dated November 22, 1955, the rebate allowed under that notification can be taken into account in fixing the average price of sugarcane under the said rule ?'The material facts, as appearing from the statement of the case, are these : The assessee is a public limited company carrying on the business of manufacture and sale of sugar which is produced in its factory at Sehore. It has its own farm for growing sugarcane but the produce is not sufficient to meet its requirements. Therefore, it has to purchase sugarcane from other farms in the neighbourhood. The assessment year are 1956-57 and 1957-58, the corresponding account periods bein...
Tag this Judgment!Commissioner of Income-tax, M.P. Vs. Dr. Fida HussaIn G. Abbasi.
Court: Madhya Pradesh
Decided on: Dec-07-1967
Reported in: [1969]71ITR314(MP)
On an application made by the Commissioner of Income-tax, the Income-tax Appellate Tribunal, Bombay, has referred, under section 66(1) of the Indian Income-tax Act, 1922, the following questions of law for the opinion of this court :'(1) Where, on the facts and in the circumstances of the case, the interest paid on loans borrowed for investment in the shares of Ratlam Straw Board Mills (Private) Ltd., which did not yield any dividend income, is allowable as deduction under section 12 of the Income-tax Act, 1922 ?(2) Whether, on the facts and in the circumstances of the case, the amount of Rs. 9,422 credited to the account of the assessee in the books of account of Regal Cinema Ltd., East Africa, has been rightly included in the income of the assessee and subject to tax ?'The material facts as appearing from the statement of the case are these. The assessee is a shareholder and director of Ratlam Straw Board Mills (Private) Limited, Ratlam. He holds 225 shares of Rs. 1,000 each. He had ...
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