Madhya Pradesh Court January 1975 Judgments
Singhai Karelal Kundanlal Trust Vs. Kesri Dal Mill and ors.
Court: Madhya Pradesh
Decided on: Jan-03-1975
Reported in: AIR1976MP54
ORDERShiv Dayal 1. This revision is from an interlocutory order passed by Shri V. S. Pyasi, 2nd Additional District Judge, on a preliminary objection raised by the plaintiff.2. The learned trial Judge rejected the plaintiffs objection that (1) paragraphs 11, 12, 13, 14, 15, 17, 18, 19, 20, 23, 24 and 28 be struck out as being unnecessary, irrelevant and frivolous, (2) likewise, paragraphs 2 and 27 of the written statement be also directed to be struck out.3. The plaintiff has been described as 'Singhai Karelal Kundanlal Trust, through managing trustee Balchand Malaiya''. It is averred in the plaint that the trust has been carrying on business of Kachchi Adhat (Commission agency) from October 24, 1930. By resolution dated December 28, 1972, the trust committee has appointed Bal Chand Malaiya, managing trustee to institute the present suit.4. The defendants in their written statement disputed the plaintiffs competence to sue. They have given different reasons-It is said inter alia in par...
Tag this Judgment!The State of Madhya Pradesh Vs. Mooratsingh and ors.
Court: Madhya Pradesh
Decided on: Jan-02-1975
Reported in: 1975CriLJ989
Bhachawat, J.1. The present appeal was filed by the State under Section 417 of the Code of Criminal Procedure against Mooratsingh, Nathoo and Ramprasad against acquittal of the aforesaid persons of the charges, under Sections 364, 302 and 149 of the Indian Penal code, recorded by the Additional Sessions Judge, Sagar in Sessions Trial No. 107 of 1973, dated 30-4-1973. The appeal was admitted by this Court vide its order dated 13-9-1973 against Mooratsingh only.2. After the admission of this appeal, an Interlocutory Application No. 1386 of 1973 was filed pn behalf of the respondent Mooratsingh praying for a direction to the State Government for the wihdrawal of the appeal for the reasons stated in the said application. This application, was subsequently withdrawn as would be evident from this Court's order dated 1-2-1974. Subsequent to this, an Interlocutory Application No. 986 of 1974 has been filed on behalf of the State-appellant purporting to be under Section 482 (561-A of the Old Cr...
Tag this Judgment!The Municipal Council, Murwara (Katni) and ors. Vs. S.K. Kahansons and ...
Court: Madhya Pradesh
Decided on: Jan-01-1975
Reported in: AIR1976MP228
C.P. Sen, J.1. This second appeal has been filed by the defendants against the decree of the lower appellate Court, affirming the decree of the trial Court.2. The respondent was a registered firm, carrying on business of sale and manufacture of lime and lime stone. It used to purchase coal for manufacture of lime. The Municipal Council, Murwara, was recovering terminal tax on coal, lime and lime stone on export, import by rail at the rate of 75 paise, 75 paise and 50 paise per wagon. By notification dated 9-12-60, the rates were enhanced to Rs. 2, Rs. 3 and Rs. 2/- per wagon. In Writ Petn M. P. No. 122 of 1961 (MF), Mohanlal v. M. C. Murwara, the levy of terminal tax on gun powder for the first time under this notification was challenged and it was quashed by this High Court on 12-10-1961. Earlier the High Court had quashed similar notification of another municipal council whereby the rates of terminal taxes on some items and fresh imposition on some other items were sought to be enfor...
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