Madhya Pradesh Court September 1974 Judgments
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Commissioner of Sales Tax Vs. Dinesh Kumar Pradeep Kumar of Rewa
Court: Madhya Pradesh
Decided on: Sep-25-1974
Reported in: 1974MPLJ843; [1975]35STC46(MP)
G.P. Singh, J.1. This is a. reference under Section 44 of the Madhya Pradesh General Sales Tax Act, 1958. The reference has been made by the Board of Revenue (Sales Tax Appellate Tribunal) at the instance of the Commissioner of Sales Tax referring for our answer the following question of law :Whether, on the facts and circumstances of the case, the declarations in annexures II to V were validly and properly rejected and whether it was not legal for the Tribunal to have directed their acceptance ?2. The relevant facts emerging from the statement of the case are that the assessee Dinesh Kumar Pradeep Kumar of Rewa is registered as a dealer under the Madhya Pradesh Act. The assessee carries on business of Government supplier. The period of assessment is the quarter ending 31st March, 1964. In respect of sales made to the Government departments the assessee claimed the benefit of reduced rate of tax under Notification No. 2044-1885-V-ST (as amended by Notification No. 500-136-V-ST/57) issu...
Collector, Durg Vs. Saroj Kumari
Court: Madhya Pradesh
Decided on: Sep-13-1974
Reported in: AIR1975MP65; 1974MPLJ869
Malik, J.1. These appeals are directed against the order of the Second Additional District Judge. Durg. dated the 19th October, 1973, passed in Miscellaneous Judicial Case No. 72 of 1971. The question that arises for consideration is whether the Additional District Judge has determined just compensation payable to Saroj Kumari for acquisition of her lands; Kh. Nos. 941/1 and 941/12, total area 1.65 acres, of mouza Kasaridih in Tahsil and District Dura.2. By notification dated the 2nd December, 1959 (Published in the Madhya Pradesh Rajpatra of the 4th December, 1959), the State Government proposed to acquire 127.50 acres of land of muza Kasaridih. The notification was issued under Section 4(1) of the Land Acquisition Act. Saroj Kumari's land was involved in this acquisition.3. The Land Acquisition Officer made an award on 6-7-1961 before the notification under Section 6 of the Act could be published. But then he realized his mistake. But before he could rectify it by initiating fresh pr...
Dhanna Singh Vs. the Regional Transport Authority, Gwalior
Court: Madhya Pradesh
Decided on: Sep-12-1974
Reported in: AIR1975MP77; 1974MPLJ922
G.P. Singh, J. 1. This order shall also govern the disposal of Miscellaneous Petition No. 580 of 1974. These petitions under Article 226 of the Constitution raise an interesting question as to the construction of Sub-section (1-C) of Section 68F of the Motor Vehicles Act, 1939. The relevant facts are that the Madhya Pradesh State Road Transport Corporation, which is a State Transport undertaking under Chapter IV-A of the Act, prepared Scheme No. 38 which was published under Section 68-C on 12th February 1965. The scheme covers the route Gwalior to Bhander via Daura, Detia and Unnao. Dhanna Singh, who is petitioner in M. P. No. 219 of 19.74 and respondent No. 2 in M. P. No. 580 of 1974, first obtained a regular permit for this route on 16th March 1970 from the Regional Transport Authority, Gwalior. This grant was set aside by the Appellate Tribunal on 20th February 1972 being in contravention of Section 68-F (1-D) on an appeal preferred by Dharam Singh, who is petitioner in M. P. No. 58...
Municipal Council, Khandwa Vs. Santoshkumar and ors.
Court: Madhya Pradesh
Decided on: Sep-08-1974
Reported in: AIR1975MP36
C.P. Sen, J. 1. The question referred for consideration of the Full Bench is:-- 'Whether a revision lies from an order passed by the District Judge under Section 139 (5) of the M. P. Municipalities Act, 1961.'This order shall also dispose of the connected Civil Revisions Nos. 779, 781 and 783 of 1972. 2. Sub-sections 139 (11 to (5) of the M. P. Municipalities Act, 1961, are as under:-- 139. (1) If any dispute arises as to the liability of any land or building to assessment or as to the basis or principle of assessment or as to the amount of tax assessed an appeal shall lie from the decision of the Council to the Civil Judge, Class I having jurisdiction over the Municipal area and if there be no Civil Judge, Class I at the headquarter of the Municipality to the Civil Judge, Class II having jurisdiction at such headquarter and if there be no Civil Judge, Class II at such headquarter to the Civil Judge, Class II having jurisdiction, and in case of more than one such Civil Judges at the he...
Shivlal Prasad Vs. Union of India (Uoi) Overruled
Court: Madhya Pradesh
Decided on: Sep-06-1974
Reported in: AIR1975MP40
Malik, J.1. The appellant is a Railway contractor. He entered into a contract with the South Eastern Railway for the performance of various works in connection with the Bhilai Marshalling Yard. Disputes having arisen on certain claims preferred by the appellant against the Railway Administration, they were referred to the arbitration of Shri S.K. Mitra, Deputy Chief Accounts Officer and Shri R.P. Basu Choudhury. Engineer-in-charge (Bridge). Relevant extract from the letter of reference addressed from the Office of the General Manager, may usefully be reproduced here:'..... All disputes and differences between the parties to the aforesaid contract except disputes relating to matter specifically taken out of the purview of the Arbitration Clause contained in the aforesaid Agreement are referable to arbitration. Under the aforesaid Agreement, the General Manager is the person empowered to nominate and appoint arbitrator for deciding the disputes and differences between the parties to the ...
Madhya Pradesh State Road Transport Corporation Vs. the State Transpor ...
Court: Madhya Pradesh
Decided on: Sep-06-1974
Reported in: AIR1975MP181
Singh, J. 1. The facts giving rise to this petition are that Ratanlal Agarwal, respondent No. 2 in this petition, was holder of a stage carriage permit for the route Shivpuri to Jhansi via Karera which is an interstatal route. The permit expired on 4th September 1971. Ratanal applied for renewal of this permit on 29th April 1971. The Madhya Pradesh State Road Transport Corporation opposed the grant of the renewal on the ground that the route was covered by Scheme 27-M which was published in the Government Gazette on 22nd October 1971. The State Transport Authority allowed the renewal of the permit by its order dated 2nd December 1971. The Corporation then filed the present petition under Article 226 of the Constitution challenging the order of renewal.2. The learned counsel for the petitioner contended that the State Transport Authority had no jurisdiction to renew the permit in view of Section 68F (1-D) of the Motor Vehicles Act, 1939. In reply it was contended by the learned counsel ...
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