Madhya Pradesh Court October 1975 Judgments
Nonjibhai Vs. Ramkishan and ors.
Court: Madhya Pradesh
Decided on: Oct-31-1975
Reported in: AIR1977MP112
S.M.N. Raina, J.1. This is an appeal arising out of an execution case.2. The respondents had filed a suit against the appellant for ejectment and arrears of rent. In the said suit a com-promise decree was passed on 1-9-1971-Under the said decree, the appellant was to pay Rs. 10,596/- to the respondents in instalments as under:Amount.Dateof Payment.1.Rs.3,000/-30-1-19722.Rs.1,667/-30-4-19723.Rs.1,977/-30-1-19734.Rs.1,976/-30-1-1974Total--Rs.10,596/-(sic)It was further agreed that from 1-5-1972 the appellant shall pay a sum of Rupees 127/- per month to the respondents on account of damages for use and occupation of the accommodation in his occupation and in case he paid the instalments and monthly amount of damages as specified in the decree, he shall be entitled to continue as tenant of the accommodation on the old rate of rent; but if he committed any default in the payment of any of the instalment or the monthly amount of damages, he shall deliver possession of the accommodation to th...
Tag this Judgment!Ram Kumar Vs. Smt. Sarti Devi and ors.
Court: Madhya Pradesh
Decided on: Oct-29-1975
Reported in: AIR1977MP110
ORDERShiv Dayal, C.J. 1. In this revision, the, defendant is aggrieved by an order wherebyhis defence has been struck out underSection 13 (6) of the M. P. AccommodationControl Act, 1961.2. It appears that the writ of summons was served on the defendant on November 11. 1973. Written statement was filed on July 16, 1974. In between these dates, time was taken or some other steps were resorted to. On September 20, 1974, the plaintiff applied for striking out the defence. On December 30, 1974, the defendant replied to the plaintiff's application and also prayed that provisional rent be fixed under Section 13 (2), as there was a dispute under Sub-sections (2) and (3) of Section 13 of the Act. According to the defendant, not the plaintiff but her husband is his landlord. Moreover, while the plaintiff claimed the monthly rent to be Rs. 100 according to the defendant, it was only Rs. 50.3. By his order dated February 17, 1975, the trial Court fixed provisional rent at Rs. 100 and, at the same ...
Tag this Judgment!Smt. Veena Agrawal Vs. Shri Prahlad Das Agarwal
Court: Madhya Pradesh
Decided on: Oct-28-1975
Reported in: AIR1976MP92
Tankha, J. 1. This is a petition, under Article 226 of the Constitution for issue of a writ in the nature of a habeas corpus for production of the newly born male child in Court and a direction for giving custody of the same to the petitioner.2. The facts leading to the present petition are that the petitioner, Smt. Veena Agarwal, aged 24 years, is M.A. in Hindi and is the daughter of Shri Amar-nath, who is Officer inoharge of the Punjab National Bank drawing a salary of Rs. 1500.00 per month, She was married to the respondent, Prahlad Das Agarwal on28-1-1973, who is at present a lecturer in P, G. Degree College, Satna. Thus, it is clear that the petitioner and her husband belong to respectable families. The male child whose custody is sought was born to the petitioner on 29-5-1975 at Satna. On 6-6-1975, serious difference arose between the husband and wife and according to the petitioner after giving a 'beating by her husband she was driven out from the house and the infant child was ...
Tag this Judgment!Sarthi Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-18-1975
Reported in: 1976CriLJ594
G.P. Singh, J.1. This judgment shall also dispose, of Criminal Appeals Nos. 121 and 122 of 1970. The appellants in these three appeals, Sarthi, Bhqklu and Nanhi, have been convicted under Section 302 read with Section 34 of the Penal Code and sentenced to imprisonment for life for the murder of one Noharsai.2. The incident resulting in the death of Noharsai happened at about 12 noon on 28th August, 1969, in village Godhi, Police Station Tamnar, District Raigarh. The first information report was lodged by Rabi (P.W. 3) son of the deceased at about 2.30 p.m. B. K. Singh (P.W. 12), Sab-Inspector, Police, went to the spot and found the dead body of Noharsai suspended from the ceiling of the house of Majhi with the help of a piece q cloth tied round the neck. The, postmortem examination of the dead body was carried out on 29th August by Dr. A. G. Shesh (P.W. 7). He found one abrasion on the lower part of the left side of the back and another abrasion over the lateral side of the left knee. ...
Tag this Judgment!Bishambar Dayal Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Oct-10-1975
Reported in: [1976]103ITR813(MP)
P.K. Tare, C.J. 1. In this reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the petitioner-assessee, the Income-tax Appellate Tribunal has referred the following questions for our opinion :'1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the compensatory allowance received by the assessee under the provisions of Article 222(2) of the Constitution of India was liable to be included in his total income under the head 'Salaries' for the purpose of income-tax assessment ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the Additional Commissioner had rightly held that the order passed by the Income-tax Officer under Section 142(1) of the Income-tax Act without including such compensatory allowance in the total income of the assessee was erroneous in so far as it is prejudicial to the interests of the revenue ? 3. Whethe...
Tag this Judgment!Asbestos Cement Limited Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Oct-10-1975
Reported in: [1976]38STC321(MP)
ORDERP.K. Tare, C.J.1. In this petition under articles 226 and 227 of the Constitution of India, the petitioner, a limited company incorporated under the Indian Companies Act, 1913, seeks to have the notice dated 23rd August, 1969 (petitioner's annexure B), issued by the Additional Commissioner of Sales Tax and the order dated 18th April, 1972 (petitioner's annexure C), passed by the Commissioner of Sales Tax quashed on the ground that the Commissioner had no power of revision under Ssection 39(2) of the Madhya Pradesh General Sales Tax Act, 1958, so as to revise an appellate order of the Deputy Commissioner of Sales Tax for the reason that the appellate order was prejudicial to the interests of the revenue. At this stage we are not concerned with the merits of the case regarding the point whether the sales effected by the petitioner were inter-State sales or intra-State sales.2. The petitioner had submitted quarterly returns of sales for the years 1960-61 and 1961-62, For the year 196...
Tag this Judgment!B.P. Pathak Vs. Dr. RiyazuddIn and ors.
Court: Madhya Pradesh
Decided on: Oct-09-1975
Reported in: AIR1976MP55
Shiv Dayal, J.1. 'Whether a transferee of part of the property leased can terminate the lease with respect to the part transferred to him by giving quit notice to the tenant.'2. The plaintiff, Dr. Riyazuddin, averred in the plaint that he purchased a portion of Nazul Plot No. 40/2, measuring 89' x 108', from its previous owner E. Ashok Rao and others, by a registered deed of sale, The vendors simultaneously delivered possession of the plot. The suit plot had been taken on lease by B. P. Pathak (defendant No. 1) from the plaintiffs predecessor-in-title for storing coal, etc. on a monthly rent of Rs. 5/-, when he worked as a coal contractor. Later on, B. P. Pathak unauthorisedly erected temporary structures and sublet the same to defendants Nos. 2 and 3 for being used for residential purposes, keeping a portion for himself. The remaining portion of the land is being used for growing vegetables by defendant No. 4, at the instance of defendant No. 1. The occupation of defendants Nos. 2 and...
Tag this Judgment!Hindustan Steel Ltd. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Oct-09-1975
Reported in: 1991LC750(MP); 1979(4)ELT33(MP)
S.S. Sharma, J.1. This order shall also govern the disposal of Misc. Petition Nos. 735 of 1973, 736 of 1973, 737 of 1973, 738 of 1973, 739 of 1973, 740 of 1973 and 213 of 1974, in each parties are the same as above. 2. The petitioner Company manufactures iron, steel and other steel products having its factory at Bhilai (M.P.). For a proper appreciation of the question that arises for consideration in these petitions it would be appropriate to fifst consider the process of manufacture of some of the varieties produced by the petitioner Company. To explain this the respondents have filed a diagram which was not disputed on behalf of the petitioner. 3. Iron ore which is brought into factory, together with other inputs, is put in the blast furnace which produces Mollen Iron. Out of this Molten Iron, some is sent to pig casting machine for manufacturing pig iron and at that stage no duty is paid on it. Some of the Molten Iron is sent to the foundry for manufacturing 'Ingot Moulds' and 'Bott...
Tag this Judgment!Commissioner of Sales Tax Vs. Lalloobhai B. Patel and Co. Ltd.
Court: Madhya Pradesh
Decided on: Oct-09-1975
Reported in: [1979]43STC146(MP)
S.S. Sharma, J.1. The Board of Revenue, Madhya Pradesh, has made this reference to this Court under Section 44(1) of the M. P. General Sales Tax Act. The Division Bench which heard this reference felt it proper to refer this case to a Full Bench and thus the matter has been placed before us.2. The relevant facts of the case briefly are as follows :The assessment of the assessee for the period from 28th' October, 1962, to 17th October, 1963, was reopened under Section 19(1) of the M. P. General Sales Tax Act, 1958 (hereinafter referred to as 'the Act'), as it was found that the dealer was under-assessed. As a result of this a total additional demand of Rs. 1,191.56 was raised against the dealer by an order dated 29th April, 1967, passed by the Assistant Commissioner of Sales Tax, Jabalpur. In this order dated 29th April, 1967, it was, inter alia, held that the dealer had sold tendu patti worth Rs. 26,038.90 to M/s. Purshottam Bhai Jhorabhai holding registration certificate No. S/126. Du...
Tag this Judgment!Junior Labour Inspector (Central) Vs. Authority Under Payment of Wages ...
Court: Madhya Pradesh
Decided on: Oct-09-1975
Reported in: (1976)ILLJ511MP
ORDERS.S. Sharma, J. 1. The petition under Articles 226 and 227 of the Constitution of India has been filed against an order, dated 19-12-1969, passed by respondent No. 1.. Authority under the Payment of Wages Act (hereinafter referred to as ' the Authority '), whereby he dismissed the application filed before him under Section 15 of the Payment of Wages Act, 1936 (hereinafter referred to as ' the Wages Act'), holding that ' this Authority has no jurisdiction to entertain the present application for the claim of bonus.'2. A Division Bench of this Court in Junior Labour Inspector (Central), Jabalpur v. Authority under the Payment of Wages Act and Ors. 1970-II L.L.J. 484, had taken the view that ' bonus ' payable under the Payment of Bonus Act, 1965 (hereinafter referred to as the ' Bonus Act ') is not ' wages as denned in the Wages Act. It also held that a complete machinery having been provided by the Bonus Act, the Wages Act has no application to the claim for bonus under the Bonus Ac...
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