Madhya Pradesh Court February 1971 Judgments
The Administrator, City of Jabalpur Corporation Vs. Lakhanlal
Court: Madhya Pradesh
Decided on: Feb-27-1971
Reported in: 1971CriLJ1345; 1971MPLJ569
P.K. Tare, J.1. This is an appeal Under Section 417 (3) of the Code of Criminal Procedure, on special leave being granted by this Court against the order of acquittal passed by the Second Additional Sessions Judge, Jabalpur, in Criminal Appeal No. 266 of 1966, dated 28-1-1967, arising out of the conviction and the sentence passed by the Magistrate, 1st Class, Jabalpur, in Criminal Case No. 2245 of 1965, dated 13-9-1966. The trial Magistrate had found the respondent guilty of an offence Under Section 7, read with Section 16 of the Prevention of Food Adulteration Act, 1954, as amended by the Amendment Act No. 49 of 1964, and had sentenced him to rigorous imprisonment for 6 months and fine of Rs. 1,000/- or in default further rigorous imprisonment for 3 months for the said offence. However, the learned Additional Sessions Judge reversed that conviction and acquitted the respondent.2. The facts leading to the present prosecution were that on 17-5-1965, the Food Inspector, Shri M. B. Shriva...
Tag this Judgment!Rajendar Singh Vs. N.K. Shejwalker and anr.
Court: Madhya Pradesh
Decided on: Feb-16-1971
Reported in: AIR1971MP248
Shiv Dayal, J.1. This petition under Article 226 of the Constitution seeks a suitable writ and directions for removal of respondents Nos. 1 and 2 alleging that they have respectively assumed the office of the Mayor and that of the Deputy Mayor of the Municipal Corporation, Gwalior, in contravention of the provisions of the M. P. Municipal Corporation Act, 1956, (hereinafter called 'the Act'). The petitioner is a taxpayer and resides within the Gwalior Municipal Corporation.2. On March 22, 1969, respondent No. 1 was elected the Mayor of the Corporation, after the general election held in the month of January 1969. He was not an elected or selected councillor. By virtue of Section 23 of the Act his term of office was from the date of election until the first meeting in the next following year. He was thus to continue as Mayor upto March 21, 1970.3. The Corporation summoned a meeting to be held on March 20, 1970, for electing the Mayor and the Deputy Mayor 'for the next ensuing year, i.e....
Tag this Judgment!Central India Machinery and Manufacturing Co. Ltd. and anr. Vs. Abdul ...
Court: Madhya Pradesh
Decided on: Feb-15-1971
Reported in: (1971)IILLJ354MP; 1971MPLJ629
ORDERM.N. Raina, J.1. This is a petition under Article 226 of the Constitution of India.2. Abdul Rehman, non-petitioner No. 1, was at the material time an employee of the Central India Machinery . (CIMCO). Petitioner No. 2 was at the material time working as a fitter in the petitioner's factory; petitioner No. 1 is the factory manager.3. The case of the petitioners is that on 7-9-1962 at about 8 P.M. Abdul Rehman was caught red-handed while committing theft of brass piece weighing about 5 lbs. of the value of Rs. 35 from the petitioner's factory. He was handed over to the police station. He was prosecuted for theft, but was acquitted by the trial Magistrate, vide Annexure R-1. As Abdul Rehman absented himself from duty and avoided to remain present till 28th September, 1962 without obtaining any leave or even applying for leave, the management treated him as having abandoned his job and his services were terminated with effect from 29-9-1962 and his name was also struck off the rolls.4...
Tag this Judgment!Malam Singh Vs. the Collector, Sehore, M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-12-1971
Reported in: AIR1971MP195; 1971MPLJ531
A.P. Sen, J. 1. These five petitions have been referred to the Full Bench for deciding the controversial question whether it is proper that the High Court should exercise its jurisdiction under Article 226 of the Constitution in election matters, at intermediate stages i.e., to interfere with individual orders, passed during the process of election and thus impede that process, or, should it decline to exercise that power and leave the parties to their remedy of an election petition to be presented after the election is over. 2. The facts are that the petitioners had filed their nomination papers for being chosen as Panchas at the recent Gram-Pan-chayat elections. Their nomination papers were rejected during scrutiny on the objection that they had not paid all taxes due against them to the Gram-Panchayats for the last financial year and were, therefore, disqualified for being a Panch, Sarpanch or an Up-Sarpanch of a Gram-Panchayat under Section 17(1)(i) of the Act. These petitions are ...
Tag this Judgment!Anand Ram Vidha Ram Vs. Regional Transport Authority, Rewa, M.P. and a ...
Court: Madhya Pradesh
Decided on: Feb-11-1971
Reported in: AIR1971MP170; 1971MPLJ498
Pandey, J. 1. This writ petition and two others, namely, Smt. Durga Devi v. Regional Transport Authority, Gwalior, (Misc. Petn. No. 229 of 1969) and Rameshwar Dayal v. The Regional Transport Authority, Gwalior (Misc. Petn. No. 250 of 1969), have been placed for disposal before us because certain earlier Division Bench decisions of this Court in regard to the procedure to be adopted for grant of stage carriage permits under the Motor Vehicles Act, 1939 (hereinafter mentioned as the Act) in regard to a new route required reconsideration in view of the decision of the Supreme Court in R. O. Naidu v. Addl. State Transport Appellate Tribunal, Madras, AIR 1969 SC 1130. This order shall dispose of the three petitions.2. The facts giving rise to these three petitions are these. In this case, the respondent 2 Ramgopal, who was an existing operator of a stage carriage on the Katni-Beohari route (92 miles) applied on August 13, 1965 for extension of that route upto Sidhi (another 52 miles), While...
Tag this Judgment!Smt. Krishna Kumari and ors. Vs. the Board of Revenue, Madhya Pradesh, ...
Court: Madhya Pradesh
Decided on: Feb-08-1971
Reported in: AIR1971MP201; 1971MPLJ589
Bishambhar Dayal, C.J. 1. This is a petition by eight persons who were Directors of the Gwalior Commercial Cooperative Bank, Gwalior (hereinafter referred to as the Co-operative Society), which is now under liquidation. The facts in short which have given rise to this petition are that according to the petitioners one Shri Jagan Prasad was running a bank called the Gwalior Bank at Gwalior. He was the sole proprietor thereof and after his death his son became the proprietor. In August 1955it was decided to form a co-operative society and to transfer the assets and liabilities of this Bank to that society. The contention of the liquidator, on the other hand, is that this Bank was the joint family property of the petitioners who were members thereof. That question appears to have been assumed by the Deputy Registrar and the Board of Revenue, without deciding it on evidence, in favour of the liquidator. However nothing much turns on that fact. The Co-operative Society was formed under the ...
Tag this Judgment!Commissioner of Sales Tax Vs. Narang Industries of Indore
Court: Madhya Pradesh
Decided on: Feb-08-1971
Reported in: 1971MPLJ403; [1971]27STC453(MP)
G.P. Singh, J. 1. This is a reference made by the Sales Tax Tribunal under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958. The question formulated in the reference is:Whether phawadas are covered by item No. 1 of Separate Revenue Department Notification No. 736/3694/V-SR dated 1st April, 1959, and are exempt in serial No. 1 in Schedule I to the M. P. General Sales Tax Act, 1958? 2. The reference came up for hearing before a Division Bench, but as there was a conflict of decisions on the point involved in the reference, it was ordered to be placed for hearing before a Full Bench. This is how the case has come up before us.3. The facts stated in the reference are that M/s. Narang Industries of Indore, the assessee, sold phawadas worth Rs. 7,611 during the account year 1962-63. The sales of phawadas were taxed by the Sales Tax Officer holding that phawadas do not come within the description of 'hoe', which is an item exempt from tax under a notification issued by the Gove...
Tag this Judgment!Sardar Mahinder Singh Vs. the Deputy Commissioner of Sales Tax and ors ...
Court: Madhya Pradesh
Decided on: Feb-05-1971
Reported in: 1971MPLJ688; [1971]28STC427(MP)
ORDERBishambhar Dayal, C.J. 1. This is a petition by Sardar Mahinder Singh who was doing the work of repairing and building bodies on customers' chassis. He had not registered himself as a dealer under a bona fide belief that he was not a dealer at all and that he was merely doing contract works. Proceedings were, however, started against the petitioner for assessment under the M. P. General Sales Tax Act for periods from 1st January, 1963, to 31st December, 1963, and 1st January, 1964, to 3rd November, 1966. The petitioner contested his liability as a dealer. Ultimately, his plea was rejected by the Sales Tax Officer and in his appeal against the first period it was held that he was liable to be registered as a dealer. This appeal was decided by order dated 29th August, 1966, which was served on the petitioner on 8th September, 1966. On this date, according to the petitioner, the matter having been finally decided, he applied for registration on 1st November, 1966, and was soon regist...
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