Madhya Pradesh Court July 1972 Judgments
Banwarilal Shriniwas Vs. Kumari Kusum Bai and ors.
Court: Madhya Pradesh
Decided on: Jul-27-1972
Reported in: AIR1973MP69; 1972MPLJ963
A.P. Sen, J. 1. This appeal is directed against an order of dismissal of an application for revocation of a letters of administration with a copy of the will annexed. 2. The appellant acquired an interest in the testatrix's estate, though after her death, by reason of a transfer by the heirs at law. The questions for consideration are (1) whether he was entitled to a special citation in the proceedings for grant of letters of administration in view of Section 263, Illustration (ii) of the Succession Act, 1925; (2) if so, whether by reason of the absence of citation there was defect of substance within the meaning of Section 263, Explanation, Clause (a) of the Act, which vitiated the grant and (3) whether he has a locus standi to apply for revocation. 3. The respondent No. 1, Ku. Kusumbai, daughter of Deoraj hereinafter referred to as the 'propnunder' on 16-10-1953 applied for letters of administration of a will alleged to have been executed by her grand-mother, Mst. Kuntidevi, on 4-6-1...
Tag this Judgment!Shashank Mukerjee Vs. Naraindas Indurkhya
Court: Madhya Pradesh
Decided on: Jul-25-1972
Reported in: AIR1973MP303; 1973MPLJ684
ORDERBishambhar Dayal, C.J. 1. This is a revision against the order of the 12th Civil Judge, Class II, Jabalpur. Civil Suit No. 198-A of 1971 was previously pending in the Court of First Civil Judge Class II, Jabalpur. He passed a temporary injunction against the petitioner. The suit was then transferred under Section 24 of the Code of Civil Procedure to the Court of the 12th Civil Judge, Class II The non-applicant filed an application before the 12th Civil Judge. Class II, under Order 39, Rule 2 (3) of the Code of Civil Procedure complaining of breach of the injunction. An objection was raised before that Court that the original injunction having been granted by First Civil Judge Class II, the 12th Civil Judge Class II had no jurisdiction to entertain the application under Order 39. Rule 2 (3) of the Code. The Court below has taken into consideration the view of the different High Courts and, on the basis of the consensus of opinion, has held that this Court (12th Civil Judge, Class I...
Tag this Judgment!Regional Inspector of Mines Vs. K.K. Sengupta and ors.
Court: Madhya Pradesh
Decided on: Jul-13-1972
Reported in: 1973CriLJ1671; 1973MPLJ559
ORDERSurajbhan, J.1. This is a revision by the complainant-applicant against the order dated 19-7-1967 passed by the learned Additional Sessions Judge, Durg at Rajnandgaon, whereby the learned Judge held that the complaint filed is within time as the offence in question was a continuing one but further held that as no prior sanction for the prosecution of the non-applicant No. 1 K. K. Sengupta and non-applicant No. 2 V. G. Sesh, of the Central Government under Section 197 of the Code of Criminal Procedure was taken, the case could not proceed against both of them and dismissed the revision.2. The facts in brief out of which this revision arises were that on 13-4-1966, one Mst- Jaeotinbai was working at the bottom point of the bench side of the quarry which had been undercut and was insecure and overhanging on the side of the quarry, collapsed with the result that she died on the spot. Non-applicant No. 1 at the relevant time was the agent and the non-applicant No. 2 was the Manager of ...
Tag this Judgment!The Gwalior Sugar Co. Limited Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-06-1972
Reported in: 1973MPLJ156; [1973]30STC487(MP)
ORDERS.M.N. Raina, J.1. This is a petition under Article 226 of the Constitution of India.2. The petitioner, the Gwalior Sugar Co. Ltd., Dabra, runs a sugar factory at Dabra for the manufacture and sale of sugar since 1941. It obtains supply of sugarcane for manufacture of sugar from various sugarcane growers. The company was assessed to sales tax under the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter referred to as 'the Sales Tax Act'), as well as to purchase tax under the Madhya Pradesh Sugarcane (Purchase Tax) Act, 1961 (hereinafter referred to as 'the Purchase Tax Act') and the total demand for the period from 1st April, 1959, to 19th June, 1967, amounts to Rs. 13,16,899.90 as per details given in annexure T. As the company was running into loss it applied to the State Government for remitting the purchase tax in respect of the assessment year 1964-65 and for 2 subsequent years under Section 16 of the Purchase Tax Act but the remission was not granted. The petitioner has...
Tag this Judgment!- ‹ Prev
- Next ›