Madhya Pradesh Court October 1968 Judgments
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Sher Singh Vs. State Transport Authority, Gwalior and ors.
Court: Madhya Pradesh
Decided on: Oct-28-1968
Reported in: AIR1969MP92; 1969MPLJ90
ORDER1. This petition under Article 226 of the Constitution arises out of a case relating to the grant of stage carriage permits on the route, Tikamgarh-Gwalior via Niwari, Jhansi and Dabra. This route is inter-statal and inter-regional falling within the States of Madhya Pradesh and Uttar Pradesh. The portion of the route which is within the State of Madhya Pradesh falls within tworegions viz., Rewa and Gwalior. Under the inter-statal agreement two single trip permits can be issued for this route by the Madhya Pradesh Authorities. Ratanlal who is respondent No. 3 to this petition made an application for permit on the route on 20th October, 1964 to the Regional Transport Authority, Gwalior, No action was taken on that application and on 20th December, 1964 the Regional Transport Authority, Gwalior decided to invite fresh applications. This order, however, was not carried out and no notification was published inviting applications. In the meantime, the petitioner and some others applied...
Amarnath Ajit Kumar of Bhind Vs. Commissioner of Sales Tax, Madhya Pra ...
Court: Madhya Pradesh
Decided on: Oct-28-1968
Reported in: AIR1969MP207; 1969MPLJ104; [1969]24STC155(MP)
Singh, J.1. This is a case stated by the Sales Tax Appellate Tribunal (Board of Revenue) under Section 44 of the Madhya Pradesh General Sales Tax Act, 1958 referring for our answer the following question of law:--'Whether on the facts and circumstances of the case the Commissioner of Sales Tax acted illegally in exercising his powers of revision under Section 39 (2) of the Madhya Pradesh General Sales Tax Act, 1958 in respect of the assessment order dated 28-11-1961 which was passed in respect of the returns submitted on 30-1-1958 and 17-6-1958 and on the basis of the notice in form XI issued on 29-8-1961?'2. The case relates to the assessment of the dealer M/s. Amarnath Ajit Kumar of Bhind for Central Sales Tax for the period 1st July, 1957 to 31st March, 1958. The dealer filed returns for the second and the third quarters on 30th January, 1958 and for the fourth quarter on 17th June, 1958. These returns were filed under Section 9(3) of the Central Sales Tax Act, 1956 read with the Ma...
Gwalior Rayon Silk Manufacturing (Weaving) Co. Ltd. Vs. Income-tax Off ...
Court: Madhya Pradesh
Decided on: Oct-17-1968
Reported in: AIR1969MP100; [1969]73ITR95(MP); 1969MPLJ61
Dixit, C.J.1. This order will also govern the disposal of Miscellaneous Petitions Nos. 279 to 282, all of 1966.2. The facts and circumstances in which these five applications under Article 226 of the Constitution have been filed by the Gwalior Rayon Silk .. (hereinafter referred to as the Company) are that the petitioner-company is engaged in the business of manufacturing rayon silk cloth. After the decision of the Supreme Court in Union of India v. Gwalior Rayon Silk Mfg. (Wvg) Co. Ltd. : [1964]53ITR466(SC) reversing the decision of this Court in Gwalior Rayon Silk Mfg. (Wvg) Co. v. Union of India : [1961]43ITR184(MP) rejecting the petitioner's claim for exemption from tax for twelve years from June, 1949 in respect of artificial silk rayon section and for twelve years from February 1954 in respect of staple fibre section of the company was rendered, provisional assessment of tax for the assessment years 1960-61 to 1964-65 was made and an amount of Rs. six and a half crores was found ...
Ratanlal Vs. State Transport Appellate Authority, Madhya Pradesh and o ...
Court: Madhya Pradesh
Decided on: Oct-15-1968
Reported in: AIR1969MP205; 1969MPLJ95
Singh, J.1. This order will dispose of Miscellanecous Petitions Nos. 564 and 565 of 1966. Both these petitions are directed against an order of the State Transport Appellate Authority passed on 31st October, 1906.2. The case pertains to the grant of stage carriage permits on the route Datia-Chhatarpur, which is an inter-State route, as part of it lies in the State of Uttar Pradesh. Under an arrangement with the Government of Uttar Pradesh, permits for four single trips on this route can be granted by the Regional Transport Authority, Gwalior. Initially, two single trip permits were granted to two operators one of them being one Hasanand Dharmsingh. Later on the permit granted in favour of Hasanand Dharmsingh was cabcelled. In this way there was vacancy on this route for three single trip permits. Three operators namely Ratanlal, Sindh. Transport Company and Ram Jiwan Gupta applied for permits on this route. The Regional Transport Authority, Gwalior considered these applications togethe...
J.B. Mangharam and Co. and anr. Vs. E.S.i. Corporation Through the Man ...
Court: Madhya Pradesh
Decided on: Oct-11-1968
Reported in: AIR1969MP110; (1970)ILLJ460MP; 1969MPLJ486
1. This is a Letters Patent Appeal against the judgment of a Single Judge of this Court in an appeal arising out of a claim under Section 66 of the Employees' State Insurance Act, 1948 (hereinafter called the Act).2. Appellant No. 1 Messrs. J. B. Mangharam and Co. is a partnership firm (hereinafter referred to as the firm) which is a well-known manufacturer of confectionary. Appellant No. 2 is the manager of the company. One Taromal, an employee of the said firm was working on the power press machine used for cutting tin by pressing the die. The tin pieces are inserted in the machine and after placing the same on the die the workman presses it with his foot. By pressing the die the tin is cut out of the desired shape and size.3. On 16-10-1957 Taromal met with an accident while working the machine. His four fingers were partly cut on account of the falling of the die on his hand. Taromal was an insured person and since the injury was an employment injury, having arisen in the course of ...
Employees of Asbestos Cement Ltd., Kymore Vs. Industrial Court, Madhya ...
Court: Madhya Pradesh
Decided on: Oct-11-1968
Reported in: AIR1969MP248; 1969MPLJ56
Singh, J. 1. This is a petition under Articles 226 and 227 of the Constitution for issuance of writs of certiorari and mandamus by the Employees of the Asbestos Cement Limited, Kymore through their representative Union and is directed against an order of the Industrial Court, Indore by which a reference made to it by the State Government was rejected as incompetent.2. The facts and circumstances leading up to this petition are as under:The Asbestos Cement Limited, Kymore, hereinafter referred as the Company, put up and issued a notice on 11th March, 1968 declaring its intention to close one pipe machine and one sheeting machine from 20th May, 1968 as also to close the third shift in the loading department from 20th June, 1968. This led to the reference of an industrial dispute. The State Government by its order of reference made on 22nd April, 1968 referred the dispute upon the matters specified in the schedule annexed thereto to the arbitration of the Industrial Court under Section 51...
Central India Machinery Manufacturing Co. Ltd., Gwalior Vs. Commission ...
Court: Madhya Pradesh
Decided on: Oct-10-1968
Reported in: AIR1969MP145; [1969]72ITR242(MP); 1969MPLJ164
ORDER1. This consolidated referenceunder Section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as the Act) by the Appellate Tribunal at the instance of the assessee, Central India Machinery ., Gwalior, arises out of the Tribunal's orders disposing of the assessee's appeals arising out of wealth-tax assessment proceedings for the years 1957-58 and 1958-59. The question which the Tribunal has placed before us for decision and which is common to the two references is as follows:'Whether on the facts and in the circumstances of the case, the initial and additional depreciation granted under Sections 10(2)(vi)(a)(b)(c) and 10(2)(vi-a) should be allowed for computing the net wealth of the assessee?'2. The material facts are that the assessee carries on the business of manufacturing automatic looms for textile industry and other machinery components used in weaving and finishing processes in textile industry. In the balance-sheets of the Company, valuation of assets as on the val...
Sital Sukhiram Vs. Central Government Industrial Tribunal Cum Labour C ...
Court: Madhya Pradesh
Decided on: Oct-08-1968
Reported in: AIR1969MP200; (1969)IILLJ275MP; 1969MPLJ33
Pandey, J.1. This petition under Articles 226 and 227 of the Constitution is directed against an award dated 7th February 1968 whereby, instead of determining the Industrial disputes referred to the Central Government Industrial Tribunal, Jahalpur, it merely incorporated in the award the terms of a settlement between the parties before it.2. The material facts giving rise to this petition may be shortly stated. The petitioner is employed as a Badli coal loader in the New Chirimiri Ponri Hill Colliery at Chirimiri in Surguja District, of which the respondent 2 is the Chief Mining Engineer and is the person ultimately responsible for administration of the coal mine. Sarguja Koyla Khan Karmachari Sangha (respondent 3) is one of the several trade unions of the region, the recognised union being the M. P. Colliery Workers Federation. It transpired that, in the year 1967, several demands were made on behalf of the workers of the aforesaid colliery which were not accepted by the colliery mana...
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