Madhya Pradesh Court April 1972 Judgments
Satishchandra and ors. Vs. Mohammad Hanif and ors.
Court: Madhya Pradesh
Decided on: Apr-29-1972
Reported in: [1974]93ITR445(MP)
Vyas, J.1. This is a reference made by the learned Sessions Judge, Indore, for setting aside an order passed by the Magistrate, First Class, Indore, with regard to the production of certain cash amount which was seized by the police under Sections 54(1) and 550 of the Code of Criminal Procedure. 2. Briefly stated, the facts giving rise to this reference are these : On February 5, 1970, Sadar Bazar police seized currency notes worth Rs. 1,73,230 from the possession of the non-applicants, Mohammed Hanif, Mohammad Sharif, Abdul Aziz, Istiaque Beg and Ishaque Mohammad, while they were in a motor car No. GJB-5330 in the city of Indore. The police suspected that the currency notes were connected with the commission of some cognisable offence. After seizing this money, the police reported the matter to the Magistrate concerned for suitable orders with regard to the custody, production and disposal of this amount. Subsequently on February 10, 1970, a report was made by the police to the Magist...
Tag this Judgment!Tahsil Co-operative Agricultural Marketing Association Private Limited ...
Court: Madhya Pradesh
Decided on: Apr-29-1972
Reported in: [1973]31STC97(MP)
Bishambhar Dayal, C.J.1. This judgment shall govern the disposal of Miscellaneous Civil Case No. 419 of 1971 also.2. These are two references under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958. Same question has been referred to this court in both the cases and the facts on which these references are based are exactly the same. They merely relate to two periods, one relates to the period from 1st July, 1957, to 30th June, 1958 and the other to the period from 1st July, 1958, to 30th June, 1959. In the latter period, a part of it from 1st July, 1958, to 31st March, 1959, is covered by the old C.P. and Berar Sales Tax Act, 1947.3. The question referred is whether, in the circumstances of the case, under the sales tax law before 1st April, 1959, or after 1st April, 1959, in respect of sale of cotton, the assessee, Tahsil Co-operative Agricultural Marketing Association Private Ltd., Khandwa, was not a dealer and was not liable to pay sales tax. The exact words of the que...
Tag this Judgment!Channilal and anr. Vs. Bundelal
Court: Madhya Pradesh
Decided on: Apr-28-1972
Reported in: AIR1973MP12; 1972MPLJ756
Shiv Dayal, J.1. This is a revision under Section 25 of the Provincial Small Cause Courts Act from a judgment and decree of the Small Cause Court. Hoshangabad, dismissing the plaintiffs' claim.2. The petitioners' case was that the respondent borrowed from them one Mani of Juar and 2 maunds of gram on September 11, 1967 under a receipt (Ex P-l) and promised to return l1/4 quantity of the grain so taken on credit. It is not in dispute that the value of the grain borrowed was Rs. 210/-. The plaintiffs claimed Rs. 310/- by including Rs. 100/- as damages for breach of the contract for not returning the grain as promised.3. The defence was that the plaintiffs practised fraud on the defendant and obtained his signature on Ex, P-l after compromising a case which had been pending before the Debt Relief Court, The execution of the document was, however, admitted subject to the above contention.4. The learned Judge of the Small Cause Court dismissed the suit with the observation that since a comp...
Tag this Judgment!Mst. Sultan Jehan Begum and ors. Vs. Gul Mohd. and ors.
Court: Madhya Pradesh
Decided on: Apr-28-1972
Reported in: AIR1973MP72; 1972MPLJ969
Shiv Dayal, J. 1. This is an appeal under the Letters Patent of this Court from the judgment and decree of a learned Single Judge in a second appeal arising out of a suit for a declaration that the plaintiff, Yasin Mohammad, has perfected his title by adverse possession. 2. The facts, in short, are that the lands in dispute comprising 39.31 acres in village Sivania, Tahsil Sehore, originally belonged to Nannu and Atmaram. These lands were sold in auction for recovery of arrears of land revenue. On May 11, 1944, Ahsan Beg purchased those lands in the auction sale. The plaintiff resisted delivery of possession on the ground that on April 25, 1943, he had purchased the suit lands from Nannu and Atmaram, through their guardian. 3. There were proceedings under Section 145, Code of Criminal Procedure, Which ended in favour of Ahsan Beg. Even then he could not get possession as a matter of fact. 4. On March 5, 1946, a suit was instituted by Yasin Mohammad for cancellation of the revenue sale....
Tag this Judgment!Jivrambhai and anr. Vs. Amarsingh
Court: Madhya Pradesh
Decided on: Apr-28-1972
Reported in: AIR1973MP165; 1972MPLJ785
Shiv Dayal, J. 1. This revision is from an order passed by the First Additional District Judge, Raipur. striking out the defence under Section 13 (6) of the M. P. Accommodation Control Act, 1961, (hereinafter called the Act). 2. Facts material for this revision are these: (a) The suit from which this revision arises was instituted on 3-9-1968 by the respondent against the petitioners, for ejectment and recovery of arrears of rent (Civil Suit No. 10-A of 1969). In this suit, the plaintiff claimed Rs. 1,600/- as arrears of rent from June 1, 1968 to July 31, 1968 at the date of Rs. 800/- per month. The grounds of ejectment under Section 12 of the Act were more than one including the ground under Section 12 (1) (a) on the averment that the defendants did not pay arrears of rent within the statutory period after receipt of the demand notice from the plaintiff. On 23-9-1968 the writ of summons was served on the defendants. On 15-10-1968, they applied for time to file written statement, which...
Tag this Judgment!J.B. Advani-oerlikon, Electrodes, Pvt. Ltd. Vs. the Commissioner of Sa ...
Court: Madhya Pradesh
Decided on: Apr-28-1972
Reported in: 1972MPLJ830; [1973]30STC337(MP)
ORDERShiv Dayal, J.1. This is a reference under Section 44(1) of the M. P. General Sales Tax Act, 1958 (hereinafter called the Act), at the instance of the assessee (applicant). The following question, which has been referred, arose out of the order dated 23rd July, 1967, passed by the Sales Tax Tribunal:In the facts and circumstances of the case, whether the electrodes which are manufactured and marketed by the appellant could be treated as electrical goods falling in entry No. 30 of Part II of Schedule II of the M. P. General Sales Tax Act, 19582. The assessee manufactures what he calls 'electrodes', a welding material. The total turnover of sale of these electrodes amounted to Rs. 11,59,467.80. The sales tax authorities treated the electrodes as 'electrical goods' within the meaning of entry 30 of Part II of Schedule II of the Act.3. By an order of this court dated 13th October, 1971, the Tribunal was directed to make a fresh statement of the case inasmuch as the statement initially...
Tag this Judgment!Lalman and ors. Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-27-1972
Reported in: 1973CriLJ98; 1972MPLJ1021
1. 21 persons were fried for murder of Sudarshan Prasad and Shitlaprasad and for causing grievous hurt to Narayan Prasad Tiwari, out of which 6 persons were acquitted. The remaining 15 accused have appealed against their conviction under Section 302 read with Section 149. Indian Penal Code and Section 147 Indian Penal Code. The State has not filed any appeal against the acquitted persons nor has any appeal been filed against the acquittal of the present appellants of the charges under Section 307 read with Section 149. Indian Penal Code.2. Facts leading to the Incident which eventually resulted in the death of Shitlaprasad and Sudarshan Prasad and injuries to Narayan Prasad Tiwari may be briefly stated. Khasra No. 40 in village Sathiha belonged to Wasudeoprasad (P. W. 21). He made a gift of half portion of the field to his son-in-law Narayan Prasad (P. W. 10). Narayan Prasad by a registered sale-deed dated 2.1.1967 sold the portion of the field gifted to him to appellant Lalman Kurmi f...
Tag this Judgment!Phunsu and anr. Vs. Baret and ors.
Court: Madhya Pradesh
Decided on: Apr-24-1972
Reported in: AIR1973MP94
B. Dayal, C.J. 1. This second appeal has been referred to a Division Bench by a learned Single Judge of this Court. The circumstances which have led to it nay be stated as follows. The plaintiffs-appellants filed a suit for partition of Hindu joint family property, in which, among others, they impleaded one Badri as one of the alienees of the property from defendant No. 1. The suit was dismissed by the trial Court. First appeal was filed by the plaintiffs-appellants. During pendency of that appeal, Badri (defendant-respondent No. 3) died. The plaintiffs-appellants made an application for bringing on record the legal representatives of Badri. But, by mistake, the lower appellate Court did not pass any final order on this application, with the result that Badri's name remained on the record, although he was dead. In this state, the appeal was ultimately decided and dismissed. Against this dismissal, the plaintiffs have filed this second appeal. However, since Badri's name remained on the...
Tag this Judgment!Girja Prasad Sharma and ors. Vs. Umashankar Pathak
Court: Madhya Pradesh
Decided on: Apr-21-1972
Reported in: AIR1973MP79; 1972MPLJ1003
Singh, J. 1. This is an appeal by the defendants in a suit for malicious prosecution.2. The plaintiff Umashankar Pathak is an Advocate practising at Panna and a Jansangh leader. Towards the end of December, 1964, the Jansangh had started a sort of agitation on the question of food scarcity in Panna District and in that connection a Jansangh worker Badriprasad(P. W. 9) was on hunger strike in front of the Collectorate, Panna. The building of theCollectorate also accommodates the Court of the Civil Judge. The defendant Girja Prasad is a Sub-Inspector and he was on duty in the Collectorate on January 2, 1965, to control the crowd which had gathered there in support of the agitation. At about. 4-30 p.m. on that date there was an incident in which some revolver shots were fired or accidentally got fired from the revolver of Girja Prasad and one Sunder Singh (P. W. 7) was injured as a result of it. On that very date a first information report (Ex. P-37) Was lodged by Girja Prasad in which it...
Tag this Judgment!Smt. Koze and anr. Vs. Makhan Singh
Court: Madhya Pradesh
Decided on: Apr-21-1972
Reported in: AIR1973MP252; 1973MPLJ610
T.P. Naik, J. 1. This is a second appeal by the plaintiffs-appellants.2. The suit of the plaintiffs-appellants, which was for a declaration of their title to and possession of certain agricultural lands situate in village Ghat Pipariya, tahsil Multai, district Betul, was, inter alia, based on the following allegations; that the suit fields belonged to the mother of the plaintiffs-appellants who were Gond illiterate women; that on the death of their mother, the suit fields along with some other fields were inherited by them; that after the death of their mother, the husband of plaintiff Koze looked after her fields; that the husband of Koze also died a few years before the filing of the suit; that the defendant-respondent, who was also a Gond, taking advantage of the illiteracy of the plaintiff Mst Koze, induced her to go and live with him with a view to exploit her ignorance; that during the course of her stay with the defendant, the latter fraudulently got a sale deed executed by Mst....
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