Madhya Pradesh Court April 1969 Judgments
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The Arun General Industries Ltd. Vs. the Rishab Manufacturers (Pr) Ltd ...
Court: Madhya Pradesh
Decided on: Apr-30-1969
Reported in: AIR1972MP147; 1972MPLJ42
ORDERA.P. Sen, J.1. This revision under Section 115 of the Code of Civil Procedure.filed by the plaintiff, seeks to challenge the validity of a direction made by the IIIrd Additional District Judge, Jabalpur, on 8th November 1968 in terms of Order XII. Rule 6 of the Code of Civil Procedure, upon an application made by the defendants, directing it to be placed in possession of the property in suit 'without prejudice to the rights of the parties'.2. That direction came to bemade in the following circumstances.The plaintiff. M/s Arun General Industries Ltd., Calcutta, which is the lesseeof the establishment known as 'ArunBoard & Paper Mills' at Umaria, havingacquired a lease of the same from theState Government of Madhya Pradesh interms of Agreement dated 21st April 1961,made certain additions and alterationstherein. On or about 6th August 1964 theplaintiff entered into an Agreement withthe defendant No. 2. Kundanlal Jain, forthe sale of the establishment for a sum ofRs. 1,25,000/- on cer...
Mishra Bandhu Karyalaya and ors. Vs. Shivratanlal Koshal
Court: Madhya Pradesh
Decided on: Apr-29-1969
Reported in: AIR1970MP261
A.P. Sen, J. 1. This is an appeal brought by the defendant No. 1, M/s. Mishrabandhu Karyalaya, Jabalpur and its partners, from the Judgment and decree of the 5th Additional District Judge, Jabalpur, dated 31st August 1964, decreeing against them, the plaintiff Sheoratanlal Koshal's claim (A) for recovery of Rupees 15,307.04 paise with interest @ 6% per annum thereon from the date of suit, i.e., from 1st January 1963 till realisation, due on account of the arrears of royalty payable to him on the sales effected upto the end of December 1959 of the book entitled 'Saral Middle School Ank Ganeet', written by his son-in-law Maniram Vishwakarma, the copyright of which had been assigned to him; (B) for rendition of account of the sales effected by them of the book in question and other allied publications thereof, as per the Hyderabad Syllabus or otherwise, during the years 1960, 61, 62 and until the date of accounting, so as to ascertain the amount of royalty which had accrued thereon and be...
M.G. Tipnis Vs. the Secretary, Ministry of Commerce, Union of India (U ...
Court: Madhya Pradesh
Decided on: Apr-28-1969
Reported in: AIR1970MP5; 1969MPLJ639
Pandey, J. 1. The question for consideration in this appeal relates to sufficiency of Court-fee paid on the memorandum of appeal. It arises in this manner. The appealing plaintiff brought a suit claiming Rs. 15,000 as arrears of salary against a Secretary to the Union of India, the State of Madhya Pradesh and others. It transpired that the plaint was rejected under Order 7, Rule 11(d) of the Code of Civil Procedure on the ground that notice under Section 80 of the Code was not served either on the Secretary to the Union of India or the State of Madhya Pradesh. Thereupon, the plaintiff filed this appeal challenging the order of rejection of the plaint and paid on the memorandum of appeal a court-fee of Rs. 7/8/- only.2. The learned counsel for the plaintiff made the point that, in a case like this, the plaint as a whole ought not to have been rejected and the suit should have been allowed to proceed against defendants other than those to whom a notice under Section 80 of the Code had to...
Kumari Swarnalata Kapoor and ors. Vs. Jogendrapal Ramrakha Punjabi and ...
Court: Madhya Pradesh
Decided on: Apr-25-1969
Reported in: AIR1970MP86; 1970CriLJ699; 1969MPLJ553
Shiv Dayal, J. 1. This is an appeal under Section 96 of the Code of Civil Procedure from the dismissal of the suit in which the appellants claimed damages from the respondents for the death of their parents, resulting from an accident which occurred on February 16, 1959, (prior to the constitution of Claims Tribunal under Section 110-A of the Motor Vehicles Act). 2. On February 16, 1959, motor bus No. M.P.O. 314, belonging to Patni Transport Ltd. (respondent No, 2), started from Jagdalpur for Jeypore. It was driven by Jogendrapal (respondent No. 1). Rawelchand Kapoor and his wife, Smt. Rajkumari Kapoor, boarded the bus at Jagdalpur. On its way the bus dashed against a tree by the side of the road. Rawelchand Kapoor and his wife received fatal injuries and died instantaneously on the spot. The bus was insured with respondent No. 3, Insurance Co., against third party risk under the terms of the insurance policy Ex. D. 3. These facts are admitted. 3. -The accident occurred at 7 or 8 miles...
Shaw Wallace and Co. Ltd. Vs. Central Government Industrial Tribunal-c ...
Court: Madhya Pradesh
Decided on: Apr-21-1969
Reported in: (1970)ILLJ710MP; 1969MPLJ699
ORDERA.P. Sen, J.1. By this application under Articles 226 and 227 of the Constitutions, the petitioners Shaw Wallace & Co., Ltd., seek the grant of certiorari for quashing as award dated 9 July 1968 of the Central Government Industrial Tribunal cum-Labor Court, Jabalpur (hereinafter referred to as the ' industrial tribunal'). and also apply for a direction in the nature of mandamus for restraining the implication of the same, in the manner threatened or in any other manner whatever.2. Under Section 10(1)(d) of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government referred to the industrial tribunal, the following dispute between the employer in relation to Shaw Wallace & Co., Ltd., and their workmen, for its adjudication:Whether the action of the management Of Shaw Wallace & Co., Ltd., Post Office Parasia, District Chhindwara (Madhya Pradesh) in stopping from work Sarfaraz Khan, son of Ramzan, pump khalasi, Wallace Pit, Chhindwara (Madhya Pradesh) with effect from 28 ...
Kunjilal Vs. Assistant Sales Tax Officer 2
Court: Madhya Pradesh
Decided on: Apr-16-1969
Reported in: 1970MPLJ131; [1970]26STC542(MP)
ORDERG.P. Singh, J.1. The petitioner is a registered dealer under the Madhya Pradesh General Sales Tax Act, 1958. He carries on the business of manufacturing furniture under the name and style of 'New Era Furniture Mart.' The petitioner was assessed for the year of assessment 1962-63 by an order of the Assistant Sales Tax Officer passed on 30th April, 1963. He was also assessed for the year 1963-64 on 17th October, 1964. In both these assessments the Assistant Sales Tax Officer came to the conclusion that the petitioner did not maintain regular books of account and he, therefore, made the assessments according to the best of his judgment under Section 18(4) of the Act. On 17th April, 1967, two notices were issued by the Assistant Sales Tax Officer under Rule 33 of the Madhya Pradesh Sales Tax Rules, 1959, for reopening the assessments under Section 19(1) of the Act. It was stated in the notices that because of irregular accounts main tained by the petitioner, sales had escaped assessme...
Dwarka Prasad Mishra Vs. Kamalnarayan Sharma and anr.
Court: Madhya Pradesh
Decided on: Apr-07-1969
Reported in: AIR1970MP7; 1970MPLJ862
Shiv Dayal, J. 1. This is an application under Article 133 of the Constitution from our judgment dated March 12, 1969, in First Appeal No. 49 of 1967, whereby the applicant's election has been declared void and he has been found guilty of corrupt practice under Section 123(6) of the Representation of the People Act, 1951, (hereinafter called the Act). The applicant also seeks to challenge in the Supreme Court our order dated May, 4, 1968, whereby the preliminary objections raised by the applicant were rejected and certain preliminary points raised by the non-applicant (appellant therein) were decided. 2. Originally, the application did not specify the clause under which a certificate was sought, but it was obviously under Clause (1)(c). Later on, the applicant made an application for amendment of the application claiming a certificate under Clause (b) as well. 3. It will be convenient to continue to call, in this order, the non-applicant as 'the appellant' and the applicant as 'the res...
Pramod Kumar Agrawal and anr. Vs. Board of Secondary Education, Madhya ...
Court: Madhya Pradesh
Decided on: Apr-01-1969
Reported in: AIR1970MP196
A.P. Sen, J.1. By this application under Articles 226 and 227 of the Constitution, the petitioners, Pramod Kumar and Vinod Kumar Agrawal, apply for a writ of mandamus commanding the Board of Secondary Education, Madhya Pradesh, to declare their results at the Higher Secondary Examination, 1967, at which they appeared, and also apply for quashing the Order No. 5945/ Exam. Bhopal/67 of the Secretary of the Board, cancelling their admission to the examination,2. It appears that the petitioners were students of the S. S. V. Intermediate College, Hapur in Meerut District, and had appeared at the High School Examination, 1965, held by the Board of Secondary Education, Uttar Pradesh, The examination of the petitioners was cancelled by the Uttar Pradesh Board for their having used unfair means and they were further debarred from appearing at the 1966 Examination. By suppressing these facts, the petitioners came to Madhya Pradesh and secured admission to the Xth Class in the T. T. Tain Higher S...
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