Madhya Pradesh Court April 1968 Judgments
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S.K. Kalani and Co., Indore Vs. Iron and Steel Controller, Calcutta an ...
Court: Madhya Pradesh
Decided on: Apr-30-1968
Reported in: AIR1969MP25; 1968MPLJ668
Bhave, J.1. By this petition under article 226 of the Constitution, the petitioner seeks a writ of mandamus directing the respondent No. 1., The Iron and Steel Controller, Calcutta, to withdraw the orders dated 14th October, 1966 and 5th December 1966 (Annexures C and D) under which the producers are directed to suspend despatches of the iron and steel materials against all the indents to controlled as well as decontrolled categories planned prior to 1st March 1964 in respect of the petitioner-firm which is 'a registered stock-holder' under the Iron and Steel (Control) Order, 1956. The petitioner also prays that the respondents 2 and 3, namely, the Planning Officer, Joint Plant Committee, Calcutta, and the Executive Secretary, Joint Plant Committee, Calcutta, be prohibited from giving effect to the aforesaid orders issued by the respondent No. 1 and be directed to plan the indents submitted by the Petitioner.2. The petitioner-firm carries on business in iron and steel. When the Iron an...
Poonamchand Bansidhar Vs. Ramprasad Gopilal Sarda and anr.
Court: Madhya Pradesh
Decided on: Apr-29-1968
Reported in: AIR1969MP44; 1968MPLJ698
Dixit, C.J.1. This revision petition has come up before us on a reference made by Singh J, before whom it first came up for hearing. The questions which the learned Single Judge has referred to us for decision are:'1. Whether, on the facts and in the circumstances of this case, the defendant can be permitted to raise the question of jurisdiction for the first time in revision? 2. Is the decree passed by the Court of first instance entirely without jurisdiction? 3. What is the course open for the High Court? Should this Court set aside the decrees passed by the Courts below and order return of the plaint or should it examine the merits of the case and pass any other suitable order?' The learned Single Judge thought it necessary to make this reference because of a conflict in the decisions of this Court in Mukund v. Firm Kashilal, Civil Revn. No. 178 of 1965, D/- 29-9-1965 (Madh Pra) and Govardhan v. Nathu, Civil Revn. No. 208 of 1966, D/- 10-4-1967 (Madh Pra). In Mukund's case, Civil Re...
Umashankar Shukla Vs. Arts and Commerce College (by B.R. Anand, Chairm ...
Court: Madhya Pradesh
Decided on: Apr-29-1968
Reported in: (1969)ILLJ86MP; 1968MPLJ604
ORDERG.P. Singh, J.1. The petitioner is the principal of the Article and Commerce College, Harda. By letter of 29 July 1967, the chairman of the governing body of the college asked the petitioner to explain four charges the details of which need rot be stated. After the petitioner gave the explanation, the Vice-chancellor. Saugar University, on 9 October 1967, sanctioned the suspension of the petitioner pending an enquiry by the governing body. The chairman of the governing-body on 11 October 1967 passed an order suspending the petitioner pending enquiry into the charges. This order recites that the petitioner will draw Rs. 300 per month, during the period of suspension. It may be mentioned that the petitioner as principal is employed on a salary of Rs. 600 per month. The order of 11 October 1967 passed by the chairman was approved by the governing' body on 14 October 1967. The petitioner by this petition calls into question the charges framed against him as also the order suspending h...
Ganga Devi Vs. N.H. Ojha and Co.
Court: Madhya Pradesh
Decided on: Apr-26-1968
Reported in: (1968)IILLJ790MP; 1968MPLJ549
ORDERShiv Dayal, J.1. This is a reference under Section 27 of the Workmen's Compensation Act. The question referred to this Court is this:Whether an adopted daughter of a deceased workman can be considered to be a dependant under Section 2(1)(d) of the Act?2. One Suvajdeen was employed in Palechori colliery in Chindwara district. On 22 October 1963 he was killed in an accident arising out of and in the course of his employment. The employer, having admitted his liability to pay compensation under the Workmen's Compensation Act (hereinafter called the Act) deposited Rs. 7,000 as compensation to he paid to the dependant of the deceased.3. Surajdeen was unmarried. His parents had predeceased him. He was not survived by any sister, but he left only two brother, Banshi and Brijlal is unmarried. Basehi is married. Ganga Devi is his daughter.4. On 8 November 1967, which was the date fixed for distribution proceeding before the Commissioner for Workmen's Compensation (hereinafter called the Co...
Rameshwar Prasad Vs. Krishna Mohanath Raina and ors.
Court: Madhya Pradesh
Decided on: Apr-23-1968
Reported in: AIR1969MP4; 1968MPLJ545
Shrivastava, J.1. The Sanskrit Pustakonnati Sabha, Itawah (respondent 1-B) through its seven trustees (respondents 1-A (1) to 1-A (7) and the Temple of Shri Mahasaraswatiji, Itawah (respondent 2), hereinafter referred to as the plaintiffs, brought Civil Suit No. 25-A of 1961, in the Court of Additional District Judge, Chhindwara, for possession of properties detailed in Schedules A and B attached to the plaint, against the appellant Rameshwar Prasad. The trial Court impleaded one Ram Dulare as defendant 2 in the case on an application made by him on 11-7-1963. The suit was decreed with respect to only part of the properties claimed against Rameshwar Prasad. He has, therefore, filed this appeal. Ram Dulare, defendant 2, also has been impleaded in the appeal as respondent 4.2. It is no longer in dispute that the property in suit belonged to one Bal Govind who died, leaving behind two sons Sitaram and Raghuvar Dayal, Sitaram died on 27-7-1920, leaving his widow Dulari Bai as his only heir...
Abdul Mohi Siddiqui Vs. the State Transport Appellate Authority, Gwali ...
Court: Madhya Pradesh
Decided on: Apr-23-1968
Reported in: AIR1969MP13; 1968MPLJ618
Singh, J.1. The petitioner, who holds a stage carriage permit on Bhopal-Nazirabad route, by this petition, under Articles 226 and 227 of the Constitution, calls into question the orders of Transport Authorities by which the stage carriage permit of the respondent No. 3, which was originally for Bhopal-Barasia, has been extended upto Nazirabad.2. Bhopal-Barasia is a route of 26 miles and Bhopal-Nazirabad via Barasia is a route of 45 miles. The respondent No. 3 applied sometime in 1966 to the Regional Transport Authority, Bhopal for extension of his Bhopal-Barasia permit upto Nasirabad. On publication of the application, the petitioner objected on the ground that the grant of extension will virtually amount to granting a new permit and that it will violate the ceiling order limiting the number of stage carriage permits on Bhopal-Nazirabad route. The Regional Transport Authority by its order passed on 16th October, 1967, allowed the extension. The petitioner then filed an appeal before th...
Union of India (Uoi), Representing Northern Railway Administration, N. ...
Court: Madhya Pradesh
Decided on: Apr-20-1968
Reported in: AIR1970MP55; 1969MPLJ737
A.P. Sen, J.1. This appeal, filed by the Union of India, as representing Northern and Central Railways, is directed against a decree of the Additional District Judge, Damoh, dated 27th April 1964, decreeing the plaintiffs' claim for damages due to non-delivery of goods occasioned by their alleged negligence and/or misconduct.2. The relevant facts are these. M/s. H. R. Sugar Factory Ltd., Bareilly consigned 182 bags of crystal sugar Ex-Bareilly, on the Northern Railway, on 13th June 1955, for their carriage to Damoh, on the Central Railway, under R/R No. 355490, at Railway risk. The goods were consigned to self, and the railway receipt endorsed to the plaintiffs, being their purchasers for value. The consignment reached its destination on 28th June 1955, and was unloaded the same day, by the unloading Foreman in the presence of one of the plaintiffs. They found that some of bags were damaged by rain. Their immediate reactions were different. The plaintiffs, through their representative ...
Kumari Ramlali Vs. Mst. Bhagunti Bai and ors.
Court: Madhya Pradesh
Decided on: Apr-20-1968
Reported in: AIR1968MP247; 1968MPLJ672
Dixit, C.J.1. This is a Letters Patent appeal from a decision of Pandey J. whereby the learned Single Judge, setting aside the judgments of the original Court and the first appellate Court, dismissed the plaintiff-appellant Ramlali's suit for partition and separate possession of certain agricultural plots.2. The material facts are that one Ramnath died in February 1954 leaving two widows, one Mst. Bilasabai and another Mst. Bhaguntibai, and two daughters, the appellant Kumari Ramlali and Kumari Keshbai born of Mst Bilasabai. At the time of his death Ramnath held some plots situated in villages Deori and Tigwan on Bhumiswami and Bhumidhati tenure. After his death his two widows jointly inherited the plots. Mst. Bilasabai died on 19th March 1957. Thereafter disputes started between Mst. Bhaguntibai and the two daughters of Mst. Bilasabai about the possession of the plots. Ultimately, in proceedings under Section 145 of the Code of Criminal Procedure an order was made in favour of Bhagunt...
Hariprasad Lal Chand Vs. Nanoo Khan HussaIn Bux
Court: Madhya Pradesh
Decided on: Apr-19-1968
Reported in: AIR1968MP234; 1968CriLJ1435; 1968MPLJ590
Shiv Dayal, J.1. This is an appeal on special leave under Section 417(3), Criminal Procedure Code.2. The appellant is Karta of a joint Hindu family which carries on business of manufacturing and selling bidis in bundles. Every bidi bundle is wrapped in tissue paper called 'Jhilli'. Over the above Jhilli a label is pasted which bears the figure of a flower and the name 'Taza Phool'. This mark is registered as trade mark No. 163453. The date of registration is 24th March, 1954.3. The accused also is a manufacturer and dealer of bidis. He trades in the name and style of 'Shafi Bidi Co.' His bidis are also wrapped in tissue paper (Jhilli) with a label pasted over it.4. The appellant filed a complaint against the respondent under Sections 482, 483 and 486 of the Penal Code. He alleged that his bidis are very popular and are in great demand by the smokers of all classes. Looking to the great demand of Taza Phool bidis manufactured by the complainant-firm the accused of late started using a l...
Miss Mamie Bhagwandas Ahuja Vs. Controller of Estate Duty, M.P. and Na ...
Court: Madhya Pradesh
Decided on: Apr-16-1968
Reported in: AIR1969MP82; 1969MPLJ155
Dixit, C.J.1. This is a reference under Section 64(1) of the Estate Duty Act, 1953, (hereinafter called the Act), at the Instance of the accountable person. Miss Mamie Ahuja. The question, which the Appellate Tribunal (Central Board of Direct Taxes, New Delhi) has referred to this Court for decision, is--'Whether on the facts and in the circumstances of the case, the value of the shares amounting to Rs. 1,00,000/-should have been deducted from the sum of Rs. 1,14,256/- in computing the value of the estate under rule 11 (3) of the Estate Duty (Controlled Companies) Rules. 1953?'2. The material facts are that Shri Bhagwandas Ahuja, father of the accountable person Miss Mamie Ahuja, died on 6th January 1954. The assets of the deceased consisted, amongst others, of ten shares in Motors (India) Ltd-(hereinafter referred to as the Company) of the face value of Rs. 10,000/- each. The subscribed and paid up capital of the company, which was originally Rupees 1,50,000/- divided into fifteen sha...
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