Madhya Pradesh Court July 1967 Judgments
Ayyub Khan Jabarkhan Vs. Pundilal Baxilal
Court: Madhya Pradesh
Decided on: Jul-31-1967
Reported in: AIR1968MP57; 1969MPLJ632
ORDER83. In accordance with the opinion of the majority the reference is answered by saying that the acquisition of the status of a pucca-tenant by a tenant or a sub-tenant of a tenant under Section 38 of the Madhya Bharat Zamindari Abolition Act, 1951 is automatic on the fulfilment by the tenant or a sub-tenant of a tenant, as the case may be, of the conditions as to deposit in the manner and to the extent provided in Section 38 and that an Additional Naib-Tahsildar can exercise the powers of a Tahsildar under that provision.84. There will be no order as to costsof this reference....
Tag this Judgment!Ramashanker Parmanand Vs. Jugalkishore Ramasahaya Bajaj and ors.
Court: Madhya Pradesh
Decided on: Jul-26-1967
Reported in: AIR1969MP243
ORDERS.P. Bhargava, J.1. This election petition was filed by the petitioner Ramshanker challenging the election of respondent No. 1 Jugalkishore who was elected from a constituency known as 'Hatta 162' constituency of the Vidhan Sabha of Madhya Pradesh. In the election which took place on 17-2-1967, in all fifteen candidates including the petitioner had taken part. The petitioner and the first ten respondents contested the election while respondents 11 to 14 withdrew their candidature after the acceptance of their nomination papers within the time allowed for such withdrawal. The election of the first respondent is challenged on the ground that he resorted to the corrupt practice described in Section 123(5) of the Representation of the People Act, 1951 (hereinafter called the Act.) The particulars of the said corrupt practice have been specified in paragraphs 6 to 17 of the peti-tion, which, briefly stated, consisted of procuring and hiring vehicles for conveyance of the voters to the ...
Tag this Judgment!Commissioner of Sales Tax Vs. Nathani Brothers
Court: Madhya Pradesh
Decided on: Jul-18-1967
Reported in: AIR1968MP135; 1968MPLJ107; [1968]21STC465(MP)
Bhave, J. 1. The Sales Tax Tribunal (Board of Revenue, M. P.) has made this reference under Section 44 of the Madhya Pradesh General Sales Tax Act, 1958, at the instance of the Commissioner of Sales Tax, M. P. The question referred to us is:'Whether in the facts and the circumstances of the case the sales amounting to Rs. 34,468.38 np. were sales made in the course of inter-State trade and commerce or intra-State sales?'2. The facts of the case are that the assessee firm deals .in manganese ore extracted from a mine in Balaghat District. The assessee was assessed on the sale of manganese worth Rs. 1,04,070/- on the basis that the sales were intra-State sales. The assessee had claimed deductions for the sales worth Rs. 34.568.35 nP. on the ground that said sales were inter-State sales exempt from the State tax. This claim was negatived by the Sales Tax Authorities; but the Tribunal upheld it.3. The sales in question were effected in favour of Messrs. Rambahadur Thakur & Co., Nagpur, and...
Tag this Judgment!Dolumal Sunderdas Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-13-1967
Reported in: AIR1971MP127; 1970MPLJ188
Bhave J.1. By this petition under Article 226 of the Constitution, the petitioner seeks a writ of certiorari for quashing an order dated 28th July 1965 passed by the Commissioner, Raipur, and the order of the Board of Revenue, Madhya Pradesh, passed on 16th February 1966 upholding the Commissioner's order.2. The petitioner had applied for allotment of Khasra Nos. 52 and 54 in mouza Purena under Section 162 (as it stood then) of the Madhya Pradesh Land Revenue Code, 1959. The Additional Collector, Raipur, after inviting objections, allotted the land to the petitioner by order dated 17th October 1963 and directed that the Nistar Patrak be accordingly modified. In pursuance of the said order a patta was also granted to the petitioner.3. The Commissioner, Raipur Division, Raipur, however, set aside the order of the Additional Collector in exercise of suo motu revisional powers on the ground that the Additional Collector had no jurisdiction to allot the land under Section 162 (1) of the M. ...
Tag this Judgment!Delhi Cloth and General Mills Co. Ltd. Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Jul-10-1967
Reported in: [1969]23STC419(MP)
P.V. Dixit, C.J.1. This judgment will also govern the disposal of Miscellaneous Civil Case No. 62 of 1967.2. In these two references 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 M/s. Delhi Cloth and General Mills Co. Ltd., Sarafa Bazaar, Lashkar, the common question referred to us for decision is :In the facts and circumstances of the case is the sales tax recovered by the petitioner a part of the sale price as denned in Clause (o) of Section 2 of the Madhya Pradesh General Sales Tax Act, 1958 ?Miscellaneous Civil Case No. 61 of 1967 arises out of assessment proceedings for the period from 1st April, 1962, to 31st March, 1963. The other Miscellaneous Civil Case, namely, No. 62 of 1967, arises out of assessment proceedings for the period from 1st April, 1961, to 31st March, 1962.3. In the assessment proceedings for the aforesaid periods the assessee sought to exclude from its turnover the amou...
Tag this Judgment!Ramchandra Kotasthane Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-04-1967
Reported in: AIR1968MP77; (1968)ILLJ655MP
Dixit, C.J. 1. The petitioner in this case, who was in the service of the former Madhya Bharat State as District and Sessions Judge on 1st November 1956 when thenew State of Madhya Pradesh comprising of the Madhya Bharat State came into existence, continued to serve in the State of Madhya Pradesh as District and Sessions-Judges till he retifed on 30th December 1960. His case is that when he was integrated and absorbed in the new State as District and Sessions Judge, he became entitled under the Madhya Pradesh Unification of Pay Scales and Fixation of Pay on Absorption Rules, 1959 (hereinafter referred to as the Rules) to have his pay fixed according to the Indian Administrative Service Senior Scale and the pay rules governing the service according to the Government's Notification No. 356.3-1029/I-Integ., published in the Gazette dated 7th October 1960; that the Unified Scale of pay, namely, the L A. S. Senior Scale, was made applicable to all the District and Sessions Judges in the new...
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