Madhya Pradesh Court December 1970 Judgments
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Ramlal Puri Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-24-1970
Reported in: AIR1971MP152; 1971CriLJ1026
Tare, J. 1. This order shall also govern the disposal of all the cases mentioned above. Shri Ramlal Puri is the Printer and Publisher of a book, by name, 'Agni Pareeksha', written by Acharya Shri Tulsi, Head of the Tera-panthi school of Shwetambar Jain sect. The petitioner in the other connected case, namely, Misc. Criminal Case No. 468 of 1970, is the Jain Shwetambar Terapanthi Mahasabha, which had sponsored the publication of the book. An acknowledgment of that fact is made in the book itself. The petitioners in the last named petition namely Amar-chand and others are the followers of Jain religion belonging to the Terapanthi sect of Shwetambar cult. As followers of the said sect they claimed that they have a right to read the book and to recite the poems on religious occasions or even otherwise. 2. These are petitions filed by three different sects of person claiming interest in the book, 'Agni Pareeksha' under Section 99-B of the Code of Criminal Procedure, wherein the order of the...
Orient Paper Mills Ltd. Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Dec-24-1970
Reported in: 1971MPLJ560; [1971]28STC532(MP)
ORDERK.L. Pandey, J. 1. This is a petition under Articles 226 and 227 of the Constitution to call up and quash by certiorari--(i) a communication dated 2nd September, 1968, sent by the Divisional Forest Officer, North Shahdol Division (respondent 3) requiring the petitioner to pay as sales tax Rs. 24,455.30 in respect of extractions made by it from the forests of the aforesaid division of bamboos during the years 1962-63 to 1966-67 and of salai wood during the years 1962-63 to 1967-68;(ii) another communication dated 9th September, 1968, sent by the same officer to the Additional Tahsildar, Sohagpur (respondent 5) asking him to recover the amount as arrears of land revenue; and(iii) a notice of demand dated 19th September, 1968, sent by the respondent 5 for that amount. The petitioner has also prayed for a writ of prohibition or any other suitable writ or order directing the respondents to desist from demanding or recovering any sales tax in respect of extraction of bamboos and salai w...
Mst. Shewanti Bhaurao Dongre Vs. Bhaurao Daulatrao Dongre
Court: Madhya Pradesh
Decided on: Dec-17-1970
Reported in: AIR1971MP168; 1971MPLJ411
Singh, J.1. This is an appeal under Section 28 of the Hindu Marriage Act against a decree of nullity by the District Judge, Chhindwara.2. The appellant Smt. Shewanti and the respondent Bhaurao were married sometime in 1963. They lived together till 1967. On February 1, 1968, the husband made an application under Section 12(1)(a) of the Hindu Marriage Act that the wife was impotent at the time of the marriage and continued to be so until the institution of the proceeding. The wife denied the alleged impotency. The only witness examined in the case was Dr. (Miss) Philip, who had examined the wife. According to her statement, Shewanti was suffering from sterility and amenorrhoea. i.e. no menstruation. She said that although she had given the necessary operative and medical treatment to Shewanti, there was no sign of menstruation. For further investigation, laparotomy was performed, which showed that the uterus was normal, but the right tube and ovary were small and flat and the left tube ...
The Swadeshi Cotton and Flour Mills Ltd. Vs. T.S. Paraskar and anr.
Court: Madhya Pradesh
Decided on: Dec-14-1970
Reported in: AIR1971MP177; 1971MPLJ338
Bhargava, J.1. This order shall govern the disposal of M. P. Nos. 12/67, 17/67, 18/67, 619/66 and 620/66 also.2. The petitioners in these petitions are incorporated companies owning textile mills at Indore wherein the petitioners carry on the business of manufacture of cotton-textile goods. By these petitions the petitioners have challenged the orders passed by the first respondent Shri T. S. Paraskar who has been appointed the Assessing Officer under the Indore Industrial Tax Rules, 1927, and the Indore Excess Profits Duty Order, 1944. By the Orders Impugned in these petitions, the petitioners were held liable to pay Interest on the arrears of industrial tax and excess profits duty and have been called upon to pay the said amount.3. Feeling aggrieved, the petitioners have filed these petitions under Articles 226 and 227 of the Constitution praying for the issue of a writ of certiorari for quashing the impugned orders and for restraining the State Government-from recovering interest fr...
Jasraj Multan Chand and anr. Vs. KamruddIn and ors.
Court: Madhya Pradesh
Decided on: Dec-11-1970
Reported in: AIR1971MP184
Tare, J.1. This is an appeal by the defendants Nos. 1 and 2 against the decree dated 22-11-1966, passed by the Additional District Judge, Rajnandgaon in Civil Suit No. 2-A of 1961 decreeing the first respondent's claim for declara-tion that the decree, obtained by defendants 1 and 2 (present appellants) in Civil Suit No. 2-A of 1948, was obtained by practising fraud on the Court and also that it was passed by the Court without jurisdiction and is, therefore, null and void. The present appellants (defendants 1 and 2) were permanently restrained from executing the said decree.2. This case has become complicated on account of the several litigations started by both the parties. The disputed property namely the house, originally belonged to one Gayaprasad. In execution of a decree against him, Badruddin (predecessor of the present respondents) on behalf of himself and his minor son, Nasruddin purchased the said house in a Court auction on 21-4-1925. Badruddin purporting to act on his own b...
Jhamsingh and anr. Vs. Prafullachandra Trivedi and anr.
Court: Madhya Pradesh
Decided on: Dec-11-1970
Reported in: AIR1971MP219; 1971MPLJ276
Tare, J.1. This is an appeal by the unsuccessful plaintiffs against the decree, dated 30-6-1967, passed by the Third Addl. District Judge, Jabalpur, in Civil Suit No. 11-B of 1966, dismissing the appellants' claim for damages for wrongful arrest and for false and malicious prosecution in a criminal case.2. In the year 1962 there was a confluence of eight planets, described as 'Ashtagrahi', which was said to be an evil omen for the entire world and according to the belief of some persons, the world was to come to an end. Various people performed Pujas and Yagnas for avoiding the evil consequences. In connection with that, Baba Thanthanpal was touring some areas. People in many villages had requested him to visit their village. The villagers of Katangi village had arranged a function in that behalf and a pamphlet (Ex. P/6) had been issued by the first respondent, who was the Station House Officer at the relevant time as also by other prominent villagers. From Katangi Baba Thanthanpal was...
Caltex (India) Ltd., Indore Vs. Assistant Commissioner of Sales Tax, I ...
Court: Madhya Pradesh
Decided on: Dec-09-1970
Reported in: AIR1971MP162; 1971MPLJ425; [1971]28STC558(MP)
Bhargava, J.1. The circumstances leading to the filing of this writ petition may be breifly stated thus. The petitioner, Caltex (India) Ltd., Indore, is a dealer registered under Section 7 of the Central Sales Tax Act, 1958. For the period of assessment commencing from 1-1-1963 to 31-12-1963 the petitioner was assessed by the Assistant Commissioner of Sales Tax, Indore, by his order dated 30-10-1965. By the said order it wasdetermined that the gross turnover of inter-State sales was Rs. 2,69,675/-. Along with his return the petitioner had furnished declarations pertaining to various sales of motor spirit and lubricants amounting to Rs. 2,49,966/- in 'C' form and claimed that he was liable to be taxed on the concessional rate at 2%. However, the Assistant Commissioner of Sales Tax rejected the assessee's claim in respect of sales of Rs. 96,959/- made to M/s. G. Rai and Company, Jhansi, on the ground that the petitioner 'is not entitled to claim a concessional rate at 2% because the 'C' ...
Shyamlal Vs. State of Madhya Pradesh and ors. Overruled
Court: Madhya Pradesh
Decided on: Dec-09-1970
Reported in: AIR1971MP176; 1971MPLJ274
Bishambhar Dayal, C.J. 1. This is a petition by Shyamlal who is a voter and is challenging the election to the membership of the Municipal Council ofSidhi. Respondents Nos. 5 to 10 filed their nomination papers in which they mentioned only the number of the ward for which they were seeking election and did not mention the name of the ward. These nomination papers were accepted as valid and the elections were held. The form in which the nomination papers were to be filed required that both the name and the number of the ward for which the candidate was contesting should be mentioned. It is, therefore, obvious that the intention of the Legislature in getting both the name and the number filled was to be sure about the ward for which a candidate wanted to get himself nominated. Obviously, out of the two things--the number and the name--the name is certainly more specific and chances of mistakes, if a name is mentioned, are less than they are in merely mentioning the number. The number can...
United Excise Vs. Commissioner of Sales Tax and anr.
Court: Madhya Pradesh
Decided on: Dec-04-1970
Reported in: 1971MPLJ472; [1971]28STC16(MP)
ORDERBishambhar Dayal, C.J. 1. This writ petition is against the assessment of sales tax and the imposition of penalty on the petitioner in respect of the period 1st April, 1964, to 31st March, 1965. Another similar writ petition (Miscellaneous Petition No. 379 of 1969) has also been filed by the same petitioner which relates to the period 1st April, 1965, to 31st March, 1966. As a common question of law is involved in both these cases, they are being dealt with together and disposed of by this common order.2. The petitioner holds a licence for maintaining a warehouse for country liquor. His work is to take liquor from the distillery, to bottle it and then to supply the bottles to the retail sellers. Under the licence he is bound to keep a certain amount of liquor ready in his warehouse so that supply to retail dealers may not fall short. By Clause 9 of the licence his duty is to 'bottle' the liquor in bottles of different descriptions mentioned in that clause. By Clause 10, when these...
Bhawarsingh and anr. Vs. Pilabai
Court: Madhya Pradesh
Decided on: Dec-04-1970
Reported in: AIR1972MP204
G.P. Singh, J.1. The facts giving rise to this appeal are that Bhawarsingh, the defendant No. 1 who is now appellant No. 1 in this appeal, had two sons, namely. Audhram and Basant, who are both dead. Audhram died in 1948 leaving behind his widow Pilabai, who is the plaintiff-respondent. Basant died leaving behind his son Bhuwan. Bhuwan also died leaving behind his son Ghiwchand, who was defendant No. 2 and is now appellant No. 2. The suit was filed by Pilabai, widow of Audhram, against Bhawarsingh and Ghiwchand for partition of joint family property. A preliminary decree was passed in the suit on October 31, 1964 by which the plaintiff was declared to have 1/3rd share in the property. The preliminary decree for partition was confirmed by the Second Additional District Judge, Durg, in first appeal. The defendants then came up in second appeal.2. The only point raised in the memo of appeal was that Bhawarsingh's wife Dheliyabai was not impleaded in the suit and, therefore, the suit was d...
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