Madhya Pradesh Court April 1974 Judgments
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Mangal and ors. Vs. Achhelal
Court: Madhya Pradesh
Decided on: Apr-30-1974
Reported in: 1974CriLJ1522
P.K. Tare, C.J.1. One of us (Tare C.J.) has referred the following question to a larger Bench :Whether the time taken for calling for a polios report or other preliminary enquiry can be excluded while interpreting the second proviso to Section 145(4) of the Code of Criminal Procedure.2. The reference arose on the following facts. The respondent filed a complaint on 7.7.1971 alleging that be was dispossessed from khasra Nics. 865, 866 and 871 situated in village Kakrahati, on 31-5.1971 and this dispute was likely to result in a breach of the peace. Therefore, the respondent prayed for action under Section 145(1) of the Code of Criminal Procedure being taken by the Sub-Divisional Magistrate. The Sub-Divisional Magistrate called for a police report which was however received on 9.8.1971. The Sub-Divisional Magistrate passed a preliminary Older under Sub-section (1) of Section 145 on 10.8. 1971. Therefore the question arose whether under the second proviso to Sub-section (4) of Section 145...
Kirloskar Brothers Ltd. Vs. Union of India (Uoi) and Two ors.
Court: Madhya Pradesh
Decided on: Apr-26-1974
Reported in: 1978(2)ELT33(MP)
P.K. Tare, C.J.1. This is a petition under Articles 226 and 227 of the Constitution of India for writs of Mandamus and Certiorari seeking to quash the demand, dated 20.03.1972 (petitioner's Annexure-G) directing the petitioner to pay the excise duty on the pre-budget stocks declarded on dated 16.3.1972 of power driven pumps and a writ of Mandamus restraining the respondents from recovering the excise duty from the petitioner as a condition precedent to the removal of the power driven pumps, which had seen manufactured from 01.03.1969 to 16.03.1972 during which period no excise duty was leviable.2. The facts leading to the filling or the present writ petition areis as follows:The petitioner, a limited company, has a branch at Dewas, where a factory has been installed for manufacturing power driven pumps. But notification dated 23.04.1969 (Respondents' Annexureis-I) in exercise of the powers conferred by Sub-rule (1) of Rule 8 of the Central Excise Rules, 1944, the Central Government had...
N.K. Doongaji and Co. Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-24-1974
Reported in: AIR1975MP1; 1974MPLJ699
Raina, J.1. This order will govern Miscellaneous Petitions Nos. 391, 392, 394, 395, 399, 400, 401, 403, 404, 405, 407, 409, 413, 415, 416, 417, 420, 421, 422, 423, 424, 427 and 430 of 1970.2. The petitioners in these cases are Excise Contractors and hold licences for sale of foreign liquor in Form F. L. 1 at various places in the State. A licence in Form F. L. 1 is for retail sale of foreign liquors not to be drunk on the premises. Before 1964, licences for sale of foreign liquor were granted by the Excise authorities on applications. In 1964-65, the State Government for the first time introduced the system of public auctions for the grant of such licences. This action of the Government was challenged by writ petitions in the High Court; but they were subsequently withdrawn after the Madhya Pradesh Excise (Amendment and Validation) Act, 1964 (Act No. 19 of 1964)was passed. Thereafter, auctions were held in the year 1965-66. In the year 1966-67, no auction was held and the old licences ...
Rev. Stainislaus Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-23-1974
Reported in: AIR1975MP163
Tare, C.J. 1. This order shall also govern the disposal of Criminal Revision No. 159 of 1971 (Rev. Stainislaus v. The State of M. P.). 2. On a report made by the Circle Inspector, Balodabazar, dated 9-3-1970, and on a complaint made by him on 23-5-1970, the Sub-divisional Magistrate, Balodabazar, sanctioned prosecution of the petitioner for the alleged offences under Sections 3, 4, 5 (2) and Section 6 of the Madhya Pradesh Dharma Swatantrya Adhiniyam, 1968 (No. 27 of 1968), by Order, dated 23-10-1970, in exercise of the powers delegated to him by Section 7 of the said Act. Accordingly, an offence was registered and Criminal Case No. 1195 of 1970 was initiated in the Court of the Magistrate, 1st Class, Balodabazar. 3. The petitioner raised a preliminary objection as to the tenability of the prosecution contending that the Act was ultra vires the powers of the State legislature, as it did not fall within the scope of Entry No. I to List II and Entry No. 1 to List III of the Seventh Sched...
Smt. Satiya and ors. Vs. Sub-divisional Officer, P.W.D. (Buildings and ...
Court: Madhya Pradesh
Decided on: Apr-11-1974
Reported in: (1975)ILLJ394MP
K.K. Dube, J.1. This is an appeal under Section 30(1)(a) of the Workmen's Compensation Act, 1923 by the dependants of deceased Babulal who at all material times, was employed in the services of the Public Works Department (Building & Works). Narsimhapur.2. It is common ground that the deceased Babulal was employed as a chowkidar in the office of Public Works Department. On the night of 12th April, 1968, a burglary chanced to take place in the office in which Babulal was murdered by the miscreants. Babulal was admittedly on duty on the night in question and had been enjoined to look after the premises which was being used as office by the respondents.3. It is not disputed now, and which fact has been fully proved by the evidence on record, that at the time of the murder, deceased Babulal was drawing Rs. 80 per month as wages. The appellants who are the dependants of deceased Babulal claim a sum of Rs. 6,000 as compensation as according to them, deceased Babulal was a workman and had los...
Nagar Nigham Harijan Karmachari Sangh and anr. Vs. Municipal Corporati ...
Court: Madhya Pradesh
Decided on: Apr-09-1974
Reported in: (1975)ILLJ6MP; 1974MPLJ588
ORDERG.P. Singh, J.1. By this petition under Article 226 of the Constitution the petitioners challenge the vires of the Jabalpur Municipal Corporation servant Byelaws, 1967, and the amendment made in these byelaws in 1971:2. The petitioner No. 1 is a registered trade union of the Harijan employees of the Municipal Corporation, Jabalpur. The petitioner No. 2 is a female Harijan employee of the Corporation. By a notification dated 22nd December, i967 the State Government confirmed the byelaws made by the Corporation relating to conditions of service of municipal employees. These byelaws are known as ' The Jabalpur Municipal Corporation Servants Byelaws, 1967.' For brevity sake these Byelaws shall hereinafter be referred to as the 1967 Byelaws. The word 'servant' was defined by Byelaw 2(f) to mean 'a servant of the Corporation excluding sweepers employed therein.' The main byelaw is Byelaw 3 which reads:Application of Fundamental Rules, Civil Service Regulation and General Book Circular. ...
Shyama Charan Shukla Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-08-1974
Reported in: 1974MPLJ691; [1974]34STC504(MP)
ORDERR.K. Tankha, J. 1. The petitioner by this petition under Article 226 of the Constitution seeks to challenge an order of assessment of sales tax passed by the Sales Tax Officer, Chhindwara Circle, on 23rd April, 1960. The period for which the tax was assessed by this order is from 1st October, 1953, to 26th December, 1968. The sales assessed relate to manganese ore raised from the mines of the petitioner which are situated in Balaghat District of Madhya Pradesh and Nagpur District of Maharashtra. But as regards sales of manganese ore raised from the mines in Nagpur District, the period covered is up to 31st October, 1956, i.e., the sales subsequent to this date of manganese ore raised from the mines of Nagpur District have not been included in the assessment. The Sales Tax Officer determined the turnover in a lump sum at Rs. 10,42,153.75. On this turnover the petitioner was assessed to Rs. 31,580 as tax and a sum of Rs. 5,000 was imposed as penalty for failing to apply for registra...
The Ratlam Bone and Fertilizer Co. Vs. the State of Madhya Pradesh and ...
Court: Madhya Pradesh
Decided on: Apr-03-1974
Reported in: 1974MPLJ581; [1975]35STC132(MP)
ORDERG.P. Singh, J.1. This is a petition under Article 226 of the Constitution and is directed against two orders of reassessment; one under the Madhya Pradesh General Sales Tax Act, 1959, and the other under the Central Sales Tax Act, 1956.2. The facts are that the petitioner, the Ratlam Bone and Fertilizer Company, is a partnership-firm carrying on business of grinding bones for use as fertilizer. It is registered as a dealer both under the State Act and the Central Act. The relevant period of assessment is from 1st November, 1959, to 19th October, 1960. The assessment order under the State Act was passed on 6th October, 1961. In this order the petitioner's turnover relating to sales of bone-meal, i. e., powdered bones used as fertilizer, was assessed at Rs. 147. The assessment order under the Central Act was passed on 30th October, 1961, in which the turnover of sales of bone-meal was assessed at Rs. 1,57,356. These turnovers of sales of bone-meal, both under the State Act and the C...
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