Madhya Pradesh Court July 1975 Judgments
Mulakhraj Vs. State Transport Appellate Authority, M.P. Gwalior and or ...
Court: Madhya Pradesh
Decided on: Jul-31-1975
Reported in: AIR1976MP45
Bajpai, J.1. The petitioner claims a writ of certionari for quashing the order passed by the State Transport Appellate Authority on 26-5-1972, filed as Annexure 'C' by which the case regarding grant of a regular permit on Guna-Mungawali route has been remanded to the Regional Transport Authority for taking a fresh decision and disposing of the matter according to law.2. The facts relevant for the purposes of this petition are that applications were invited for one return-trip permit on the aforesaid route by the Regional Transport Authority, Gwalior. The petitioner and other respondent Nos. 3 to 5, were co-applicants. After publication of the applications, the question of grant of permit was considered by the Regional Transport Authority in its meeting held on 3-10-1968. The Regional Transport Authority, however, rejected all the applications on 4-10-1968 on the ground that because a portion of about 38 miles of the route was covered by an approved scheme of nationalisation of transpor...
Tag this Judgment!Hubbilal Sadashiv Vs. Mohammad Makbool Ahmed Khan and ors.
Court: Madhya Pradesh
Decided on: Jul-31-1975
Reported in: AIR1977MP65
S.M.N. Raina, J.1. C. B. Wood, respondent No. 2 filed a suit against the appellant Hubbilal and respondents 3 and 4, namely, Battulal and Mithulal claiming ejection from a house and also arrears of rent The suit was compromised and a decree was passed in terms of the compromise. The material terms in the compromise were as under :'Therefore in terms of compromise it Is hereby ordered and decreed :-- (i) that defendants do pay Rupees Eight Hundred only in monthly instalments of Rupees Fifty payable on 15th of each month. The first instalment shall become due on 15-9-1963. (ii) that on the payment of the entire amount of Rs. 800/- the plaintiff do execute a sale deed in favour of defendants with respect to suit property i. e. house No. 222 of Omti Ward, Jabalpur as shown in the plaint map at the cost of the defendants. (iii) in default of any two instalments, the plaintiff would not be liable to execute the sale-deed in favour of the defendants in respect of the suit house but the defend...
Tag this Judgment!Union of India (Uoi) Vs. Kirloskar Brothers Ltd.
Court: Madhya Pradesh
Decided on: Jul-30-1975
Reported in: 1978(2)ELT690(MP)
P.K. Tara, C.J.1. This is a petition under Articles 132(1) and 133(1) of the Constitution of India for a certificate of fitness for leave to appeal to Supreme Court against a Division Bench decision of this Court, dated 26-9-1974, passed in Misc. Petition No. 55 of 1972 [1978 E.L.T. (J 33)].2. The respondent, a limited company having a branch at Dewas, had been manufacturing power driven pumps. By notification, dated 29-4-1969 in exercise of the powers conferred by Sub-Rule (1) of Rule 8 of the Central Excise Rules, 1944, the Central Government had exempted during the period commencing on 1-3-1969, the power driven pumps falling under item No. 30A of the First Schedule to the Central Excises and Salt act, 1944, from whole of duty of excise leviable thereon. That benefit was available to those manufacturers only, who produced proof to the satisfaction of the Collector of Central Excise that such benefit had been passed on by them to the person to whom they had sold the said power driven...
Tag this Judgment!Deepchand Nayak Vs. Madhya Pradesh State Road Transport Corporation, B ...
Court: Madhya Pradesh
Decided on: Jul-28-1975
Reported in: AIR1977MP42
ORDERShiv Dayal, J.1. Before the Motor Accident Claims Tribunal, Seoni presided over by the District Judge, Seoni, the revision-petitioner made a claim for compensation, arising out of an accident of the nature specified in Sub-section (1) of Section 110-A of the Motor Vehicles Act, 1939, (hereinafter called the Act).2. By Notification No. 4484-239/II-A (2) dated December 29, 1969, (hereinafter called the 1969 notification), issued by the State Government, in exercise of powers conferred by Sub-sections (1) and (2) of Section 110 of the Act, the District Judge, Seoni, was constituted the one Member Motor Accident Claims Tribunal with his headquarters at Seoni, for the areas comprising Seoni and Mandla revenue districts. This claims Tribunal was so constituted not only for the claims to be made thereafter, but the notification further directed that all claims for compensation 'in respect of accidents involving the death of or bodily injury to, persons arising out of the use of Motor Veh...
Tag this Judgment!Saurabh Potteries and Ceramics Vs. Appellate Collector, Central Excise
Court: Madhya Pradesh
Decided on: Jul-28-1975
Reported in: 1979(4)ELT29(MP)
P.K. Tara, C.J. 1. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner seeks a writ of certiorari against the order (Petitioner's Annexure B) passed by the Appellate Collector of Central Excise, New Delhi, affirming the order of the Assistant Collector, Central Excise, Indore, dated 27-3-1972 (Petitioner's Annexure A) imposing excise duty on the rasching ring manufactured by the petitioner in his potteries. 2. At this stage we may observe that a revision lies to the Central Government against the appellate order of the Appellate Collector of Central Excise under Section 36 of the Central Excises and Salt Act, 1944. The petitioner did not file a revision, but has come to this court for exercise of prerogative powers against the appellate order. It is not necessary for us to decide the question whether the failure of the petitioner to file a revision before the Central Government would be fatal. However, by way of caution the petitioner has filed an a...
Tag this Judgment!Babulal Sharma Vs. the Vice-chancellor and ors.
Court: Madhya Pradesh
Decided on: Jul-24-1975
Reported in: AIR1976MP98
Bajpai, J. 1. The petitioner in this case is a registered graduate of Awadesh Pratap Singh University, Rewa. The affairs of the University are governed by the provisions of M. P. Vishwavidyalaya Adhiniyam, 1973 (Act 22 of 1973). By this petition, the petitioner is challenging the registration of respondent No. 3, Shri Ramdhani Mishra, as a registered graduate of the University, and also his election as a member of the Court of the University on the ground that if the respondent No. 3 was not eligible for being registered as a graduate of the University, he could not be elected as a member of the Court representing registered graduates, because such members of the Court could only be from amongst the registered graduates of the University. The ground urged by the petitioner is that the respondent No. 3 is not eligible as per qualifications prescribed under Section 46 of the M. P. Vishwavidyalaya Adhiniyam, 1973 for being enrolled as a registered graduate. For the sake of convenience, Se...
Tag this Judgment!Krishna Sanghi and ors. Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-22-1975
Reported in: 1977CriLJ90
ORDERR.K. Tankha, J.1. This order shall also govern the disposal of Misc. Criminal Cases Nos. 685, 686, 687 and 688 of 1974 (Krishna Sanghi and Ors. v. The State of M.P.).2. These five petitions have been filed by the five accused persons in five separate cases pending against them in the Court of Chief Judicial Magistrate, Durg, for quashing the proceedings.3. Five criminal cases which were registered against the accused persons before the Chief Judicial Magistrate, Durg, are Criminal Cases Nos. 6228, 6229, 6230, 6231 and 6232 of 1974. Proceedings in all these five cases have been initiated against the accused persons on a complaint filed by the State Scooter Controller, Madhya Pradesh under Sections 24 and 24A of the Industries (Development end Regulation) Act, 1951 (Act LXV of 1951) read with Clauses 5(1) and 10 of the Scooter (Distribution and Sale) Control Order, 1960. The trial Court took cognizance of the five complaints on 20-6-1974 on which date they were filed and ordered tha...
Tag this Judgment!Bachchoobhai Vs. Premanand Bhiogadhe
Court: Madhya Pradesh
Decided on: Jul-21-1975
Reported in: AIR1976MP8
ORDERShiv Dayal, J.1. Premanand (respondent) has instituted a suit against Bachchoobhai (revision-petitioner) for eviction under Section 12 of the M. P. Accommodation Control Act, 1961, (hereinafter called 'the Act'). Under Section 13 (1) of the Act, the tenant was required to deposit rent on the dates specified therein. He did not deposit rent within one month of the service of the writ of summons on him as required by the first part of Section 13 (1), Further, he did not regularly comply with the second part of Section 13 (J), He did not apply for extension of time. He did not raise any dispute within the meaning of Section 13 (2) within that one month. He was served with the writ of summons on July, 1, 1973. 11 was only in the written statement, which he filed on January 7, 1974, that he raised a dispute about the amount, of arrears of rent due by him.2. According to the plaintiff, the following sums were due by the defendant:--Rs. 1626/- as rent from 12-9-67 to11-3-72 at Rs. 37 per...
Tag this Judgment!Bhunda Vs. Chetram
Court: Madhya Pradesh
Decided on: Jul-21-1975
Reported in: 1977CriLJ134
ORDERR.K. Tankha, J.1. This is a petition under Section 417(3) of the old Crinimal Procedure Code for grant of special leave to appeal against an order of acquittal dated 20-11-1973 passed by the First Additional Sessions Judge, Jabalpur, in Criminal Appeal No. 181 of 1973.2. The facts of the case are that a private complaint was filed by applicant Bhunda for an offence punishable under Sections 497 and 494 of the Indian Penal Code against the non-applicants 1 and 2 respectively with an allegation that non-applicant No. 2 Mst. Nanhi Bai was his legally married wife but during the subsistence of the said marriage she remarried Chetnam (non-applicant No. 1 on 19-7-1968 and thus they committed an offence punishable under Sections 497 and 494 of the Indian Penal Code. The trial Court convicted Chetram under Section 497 and Mst. Nanhi Bai under Section 494 of the Indian Penal Code respectively. In appeal filed by both the accused-non-applicants they both were acquitted of the respective cha...
Tag this Judgment!Additional Commissioner of Income-tax Vs. Badrinarayan Shrinarayan Ako ...
Court: Madhya Pradesh
Decided on: Jul-18-1975
Reported in: [1975]101ITR817(MP)
P.K. Tare, C.J.1. This judgment shall also govern the disposal of Misc. Civil Case No. 326 of 1973 (Additional Commissioner of Income-tax v. Choodamal Laxminarayan).2. In these cases the Income-tax Appellate Tribunal has referred the following common question for our opinion :'Whether, on the facts and circumstances of this case, the Tribunal was in law justified in allowing deduction of the amount paid by the assessee as contribution to the Chief Minister's Drought Relief Fund by holding it as an admissible deduction under Section 37(1) of the Income-tax Act, 1961?'3. The present references arise on the following facts. In Misc. Civil Case No. 335 of 1973, the respondent, M/s.Badrinarayan Shrinarayan, was being assessed to income-tax for the assessment year 1968-69 for which the accounting period ended in the Diwali of 1969. The respondent had paid an amount of Rs. 30,900 as a donation to the Chief Minister's Drought Relief Fund. Similarly, in Misc. Civil Case No. 326 of 1973 the resp...
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