Madhya Pradesh Court April 1972 Judgments
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A.C. Naha Roy Vs. National Coal Development Corporation Ltd. and ors.
Court: Madhya Pradesh
Decided on: Apr-19-1972
Reported in: AIR1973MP14; 1972MPLJ810
B. Dayal, C.J.1. This revision has been referred to a Division Bench by a learned Single Judge of this Court. The question that arises for decision was whether the subsequently instituted suit could be stayed under Section 10 of the Code of Civil Procedure. The facts on which this matter has to be decided are as follows. The plaintiff (petitioner here) filed a suit No. 5-B of 1969 in the Court of the Additional District Judge, Ambikapur, on 13th March. 1969. In this suit, he claimed a decree for Rs. 56,000/- on account of having constructed 14 isolation stoppings on the basis of an oral order for construction. He subsequently filed another suit No. 2-B of 1970 in the Court of the Civil Judge, Class I, Ambikapur, for recovery of Rs. 6,577.13 as balance of the amount due for having constructed 25 ventilation stoppings on the basis of a written work order dated 6th September, 1963.2. The defence filed in the previously instituted suit before the Additional District Judge was that 14 isola...
Bajrang Prasad Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-19-1972
Reported in: AIR1973MP95; 1972MPLJ734
B. Bayal, C.J. 1. This writ petition is by the holder of a liquor licence who had taken by auction a contract for sale of country made liquor for the year 1968-69. The petitioner failed to pay instalments as agreed with the result that his licence was cancelled and the contract was given to another person. The petitioner could work in the liquor shops only from 1st April, 1968 to 29th October, 1968. He was served with a notice for recovery of Rupees 3,24,922.23 as difference between the auction price which was offered by him and which was realised from the subsequent purchaser and also the amount of arrears of instalments, making a total of Rs. 4,58,831/-. _This demand is being challenged by the petitioner on several grounds. We will take up the grounds one by one.2. The first contention of learned counsel for the petitioner is that the State is not entitled to charge such a large amount as licence fee for giving permission to the petitioner to sell liquor at a particular shop. The exc...
The State of Madhya Pradesh Vs. Hakim Singh and anr.
Court: Madhya Pradesh
Decided on: Apr-17-1972
Reported in: AIR1973MP24; 1972MPLJ957
Bhave, J. 1. The trial Court has decreed the plaintiffs claim for refund of Rs. 12,950/- by the defendant State with interest at 6 per cent per annum from the date of the suit till realisation of the amount. The trial Court has further Issued an injunction restraining the defendant State and its officers and employees from recovering Rs. 23,500/-from the plaintiffs. Costs have also been awarded to the plaintiffs. The State has therefore, preferred this first appeal. 2. The facts of the case, in brief, are that on 22-8-1961 Sargadi Coupe No. 1 of Pratappur Range of North Surguia Forest Division was put to public auction and the highest bid of 'the plaintiff No. 1 for Rs. 51,500/- was accepted. Accordingly, the plaintiff No. 1 deposited one-fourth amount of the bid and also signed the contract deed. The auction was subject to the approval of the Chief Conservator of Forests, A few days after the date of auction, it is alleged that the plaintiff discovered that he had given the bid on mis...
The State of Madhya Pradesh Vs. Ram Pratap Singh and ors.
Court: Madhya Pradesh
Decided on: Apr-13-1972
Reported in: AIR1972MP219; 1972MPLJ932
Bhave, J.1. The State has preferred this appeal against the award of the Tribunal appointed under the Motor Vehicles Act (Additional District Judge, Rewa) awarding compensation to Rani Pratap Singh (respondent No. 1) for the injuries sustained by him in an accident.2. The claimant's case was that on 4-8-1960 he was travelling in a bus No. M. P. A. 249. belonging to Sardar Gyan-singh, which was being driven by Rambi-shal. The bus was proceeding from Chhatarpur to Mahob.a. When the bus had proceeded for about three miles a truck belonging to the Public Works Department, bearing No. M. P. Z. 1092, came from the opposite direction. The truck was being driven with great speed by its driver Santhanam, a P. W. D. employee. Though the driver of the bus took the bus towards the left side, the P. W. D. truck dashed against the middle portion of the bus. as a result of which the claimant sustained the injuries, resulting in fracture of the right ulna and the hume-rus. The claimant says that even ...
Shree Ganesh Trading Co., Saugor Vs. the State of Madhya Pradesh and o ...
Court: Madhya Pradesh
Decided on: Apr-10-1972
Reported in: AIR1973MP26
Tare, J.1. This is a petition under Article 226 of the Constitution of India by a Contractor, who took the Contract of purchase of Tendu leaves from the Government for the year 1970 under the M. P. Tendu Patta (Vvapar Viniyaman) Adhiniyam, 1964, and the M. P. Tendu Patta, Nivamavali, 1965 and 1966, and by this petition, he seeks a renewal of the contract for the Years 1971 and 1972 on the same terms.2. A State monopoly was created by enactment of the M. P. Tendu Patta (Vvapar Viniyaman) Adhiniym, 1964, which received the assent of the President on 23-11-1964 and which came into force from 28-11-1964. It will be necessary o consider some relevant provisions of the Act later on. The appellant Firm had purchased the right of collection of Tendu leaves for the year 1970 which provided for a renewal clause for a further period of two years on certain terms. It may be relevant to reproduce Condition No. 25 of the Tender Notice which is as follows:--'25. (1) Unless earlier determined under th...
Harishchandra Golcha Vs. Jiwaji Rao Cotton Mills Ltd., Gwalior
Court: Madhya Pradesh
Decided on: Apr-10-1972
Reported in: AIR1972MP150; 1972MPLJ646
ORDERS.M.N. Raina, J.1. This is a revision petition under Section 115 of the Code of Civil Procedure.2. The petitioner (hereinafter referred to as the applicant) has been occupying the premises as a tenant of the plaintiff non-applicant. The non-applicant filed a suit against the applicant for eviction on the ground that the tenancy had been duly determined. The suit is being resisted by the applicant.3. It appears that the plaintiff had paid court-fees under Section 7(xi)(cc) of the Court Fees Act, on the basis of annual rent. The applicant raised the objection that the Court fees paid was not proper and that the plaintiff non-applicant was liable to pay ad valorem Court fees on the value of the property. This objection was disallowed by the trial Court. Being aggrieved thereby the applicant has filed this revision petition.4. The only point for determination in this case is whether the suit is governed by Section 7(xi)(cc) of theCourt Fees Act. The said section is reproduced below fo...
Karnam Chand Vs. Smt. Kamlesh Kumari and anr.
Court: Madhya Pradesh
Decided on: Apr-07-1972
Reported in: AIR1973MP6; 1972MPLJ955
S.M.N. Raina, J.1. This is a second appeal arising out of proceedings under Section 144 of the Code of Civil Procedure.2. The plaintiff-appellant purchase ed the house in suit from Harnarayan on 27-12-1961. At the time of purchase it was in occupation of Bharat Bhushan respondent No. 2, Mst. Kamlesh Kumari respondent No. 1, and a servant of Bharat Bhushan. The plaintiff filed a suit for eviction and arrears of rent against Bharat Bhushan and others. The suit was decreed by the trial Court. Smt. Kamlesh Kumari (respondent No. 1) preferred an appeal against the decision of the trial Court and also filed an application for stay of execution of the decree of the trial Court during the pendency of the appeal. The appellate court granted stay on the condition that the decretal costs and rent found jointly due against Smt. Kamlesh Kumari and Bharat Bhushan shall be deposited by her and that she shall continue to deposit mesne profits at the rate of Rs. 100/- till the disposal of the appeal. T...
The Municipal Council, Mandsaur, Mandsaur Municipality, Mandsaur Vs. t ...
Court: Madhya Pradesh
Decided on: Apr-04-1972
Reported in: AIR1973MP99
Oza, J.1. This is a petition filed by the Municipal Council, Mandsaur.2. According to the petitioner, the Mandsaur Municipal Council was first constituted as a body corporate under the provisions of the GwaHor State Municipalities Act, Samvat 1993, and the limits of the Mandsaur Municipality were defined under that Act. This Act was repealed by the Madhya Bharat Municipalities Act, 1954, which came into force from 10th Jan., 1954. It is alleged that by virtue of Section 2 of this Act the limits of the Mandsaur Municipality, defined under the GwaHor Act, and the Municipal Committee constituted under that Act were continued as Section 2 of the Madhya Bharat Act provided that it shall be deemed to be constituted under the new Act. The Madhya Bharat Act was repealed by the M. P. Municipalities Act, 1961, which came into force from 1st February, 1962. Section 2 of this Act provides for existing municipalities, and the Mandsaur Municipality continued as if it was constituted under the new Ac...
Commissioner of Income-tax Vs. Khubchand Meghraj
Court: Madhya Pradesh
Decided on: Apr-04-1972
Reported in: [1973]91ITR498(MP)
Bishambhar Dayal, C.J. 1. This is a reference under Section 256(1) of the Income-tax Act, 1961.2. The reference has been made at the instance of the Commissioner of Income-tax. The assessee filed a return in respect of the assessment year 1960-61 on 2nd August, 1961. The Income-tax Officer completed the assessment on 13th March, 1962, but on the application of the assessee itself, this order was set aside and the assessment reopened. After reopening of the assessment, a fresh assessment was made on 23rd October, 1962, that is, after the Income-tax Act, 1961, had come into force. After this assessment had become final, proceedings for imposition of penalty under Section 271(1)(a) of the Income-tax Act, 1961, were started against the assessee for filing the return late. The Income-tax Officer did not accept the explanation given by the assessee and imposed a minimum penalty of 2% by virtue of the provisions of Section 297(2)(g) of the Act of 1961. The appeal filed by the assessee was als...
Municipal Corporation, Indore Vs. the State of Bhopal and anr.
Court: Madhya Pradesh
Decided on: Apr-04-1972
Reported in: AIR1973MP186
Oza, J.1. This petition has been filed by the Municipal Corporation, Indore, challenging the orders of Collector, Indore, and Commissioner, Indore Division, directing that open pieces of land within the limits of the Indore Municipal Corporation shall be managed by the Nazul Officer.2. In this petition, the petitioner contends that the Indore Municipal Corporation is constituted in accordance with Section 7 of the Madhya Pradesh Municipal Corporation Act, 1956, and is under the provisions of that Act a legal person. It is alleged that initially the Indore municipality was constituted under the Indore Municipality Act, 1909. Under this Act, all the open lands within the limits of the Indore municipality vested in the municipality and were under its management. According to the petitioner, this was provided for in Section 36 of the Indore Act. By virtue of that provision, the Indore municipality was managing the open lands by leasing them out and issuing licences under the bye-laws. It i...
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