Madhya Pradesh Court July 1975 Judgments
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Babulal Gulabchand Vs. Nathulal Badrilal
Court: Madhya Pradesh
Decided on: Jul-18-1975
Reported in: AIR1976MP222
U.N. Bhachawat, J.1. This is an appeal directed against the judgment, dated 25-11-1971, in Civil Regular Appeal No. 24 of 1971 arising out of the proceeding in execution passed in a suit for eviction under the Madhya Pradesh Accommodation Control Act, 1961, passed on the ground of Section 12(1) (a).2. The plaintiff, who is the decree-holder respondent herein, brought a suit for eviction against the present appellant, who is the judgment-debtor defendant, on the ground that there was a default by the defendant in payment of arrears of rent, within two months from the date of service of notice of demand on him. The suit was for Rs. 630 as rent+Rupees 247.50 as mesne profits + Rs. 15.50 as notice charges, totalling to Rs. 892.00. This was compromised on 6-11-1970 for a sum of Rs. 1901, inclusive of costs, out of which Rs. 400 were paid in cash by the defendant judgment-debtor. This fact was recorded in the compromise. The other terms of the compromise are reproduced verbatim hereunder:--c...
Commissioner of Sales Tax Vs. Mohammad Zahoor
Court: Madhya Pradesh
Decided on: Jul-18-1975
Reported in: [1975]36STC414(MP)
J.P. Bajpai, J.1. This is a reference under Section 44 of the Madhya Pradesh General Sales Tax Act. The reference has been made on the application dated 7th July, 1970, moved by the Commissioner of Sales Tax, against the order passed by the Tribunal, the Board of Revenue, M. P., on 30th April, 1970, in Appeal No. 109-IV of 1969. By the aforesaid order, the Board of Revenue has decided the other two appeals, Commissioner of Sales Tax, M.P. v. Mohammad Zahoor, P. W. D. Contractor, Sidhi (No. 107-IV of 69) and Commissioner of Sales Tax, M.P. v. Mohammad Zahoor, P. W. D. Contractor, Sidhi (No. 108-IV of 69) also in-between the same parties, but for different periods of assessment. Since the point involved in all the appeals was common, they have been disposed of by the common order. Under these circumstances, the judgment in this case will also govern the following miscellaneous civil cases : (i) Misc. Civil Case No. 34 of 1972 ; and (ii) Misc. Civil Case No. 33 of 1972 : Commissioner of S...
N. Ganu Bhai Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Jul-18-1975
Reported in: [1975]36STC421(MP)
P.D. Mulye, J.1. The decision of this case will also govern the disposal of Misc. Civil Case No. 79 of 1972 (M/s. N. Ganu Bhai, Raipur v. Commissioner of Sales Tax, M.P.) and Misc. Civil Case No. 78 of 1973 (Commissioner of Sales Tax v. Naaz Agency, Bhopal).2. In these cases, a reference has been made by the Board of Revenue, Madhya Pradesh, under Section 44 of the M. P. General Sales Tax Act, 1958, to decide the following question of law :(a) In Misc. Civil Cases Nos. 80 of 1972 and 79 of 1972: 'Whether, with effect from 15th April, 1965, ultramarine blue or ultramarine Robin blue, commonly known as neel should be taxed under entry 25 of Schedule II, Part II, of the M. P. General Sales Tax Act, 1958.'(b) In Misc. Civil Case No 78 of 1973 : 'Whether neel comes under entry No. 25 of Part II, Schedule II, of the M. P. General Sales Tax Act, 1958.3. The assessee, in the present case, deals in hair-oil, cosmetics, varnishes, floor and metal polish, ultramarine blue, etc. The dispute was wh...
Punau Vs. Ajitram and ors.
Court: Madhya Pradesh
Decided on: Jul-17-1975
Reported in: AIR1975MP236
P.K. Tare, C.J. 1. On leave being granted by a learned Single Judge of this Court in Second Appeal No. 548 of 1970, dated 6-1-1971, this Letters Patent Appeal raises two questions of law. The first one is whether a transaction of transfer under Section 165 (6) of the Madhya Pradesh Land Revenue Code, 1959, is void or voidable; and the second question is whether in view of the provision of Section 170 (1) of the Code read with Section 257 (L) of the same, the heirs of the transferee can maintain a Civil suit on title and for possession in a Civil Court consequent on death of the transferor. 2. The facts leading to the present appeal are as follows : Mst. Meharinbai, mother of the respondents, who are members of an aboriginal tribe, namely, Panka, was a Bhumiswami in respect of Khasra Nos. 2, 99. 100/2 and 144/1, area 2.31 acres. On 16-3-1961 she sold the said Bhumiswami lands to the appellant for a consideration of Rupees 500/-. It was the respondents' contention that the real value of ...
Raipur Vikas Khand Sahkari Vipanan Sanstha Samiti Vs. Commissioner of ...
Court: Madhya Pradesh
Decided on: Jul-17-1975
Reported in: [1975]36STC433(MP)
P.K. Tare, C.J.1. The Board of Revenue, Madhya Pradesh, Gwalior, has under Section 44(1) of the M. P. General Sales Tax Act, 1958, referred the following questions for our opinion :(1) Whether conversion of paddy into rice is a manufacturing process within the meaning of Section 2(j) of the M. P. General Sales Tax Act, 1958 ?(2) Whether, in the facts and circumstances of the case, purchase tax under Section 7 of the Act could be levied on the paddy delivered by the members of service societies to the assessee for which payment was made by the assessee to the service societies who adjusted the payment against the loan advanced by the service societies to the respective members ?(3) Whether, in the facts and circumstances of the case, the assessee had 'sufficient cause' within the meaning of Section 17(3) not to have filed the three quarterly returns ?(4) Whether, without prejudice to question No. (3), if a8 a result of the answers to this reference the tax liability on the assessee is r...
The State of Madhya Pradesh Vs. Thakur Prasad
Court: Madhya Pradesh
Decided on: Jul-17-1975
Reported in: 1976CriLJ1442
A.P. Sen, J.1. This appeal by the State is directed against an order of the Additional District Magistrate (J), Narsimhapur, dated 23-5-1969 acquitting the respondent of an offence under Section 457 of the Indian Penal Code.2. The facts, briefly, are these: On the night of 7-2-1969, at about 2 A.M. or thereabout, the respondent effected an entry into the house of the complainant, Prithwiraj (PW 1), by opening a lock of the kotha, while he with his brother Bi-ran had gone to the village for singing Fag, At the time, his mother Mst. Pachhobai (PW 2) was sleeping in the dehlan along with her daughter-in-law Mst. Shyambai wife of Biran (PW 3) and her daughter, Mst Pachhobai (P.W. 2) had apparently locked the kotha and placed the bey on a bracket in the dehlan. On hearing some noise in the kotha, she was aroused from sleep and found that there was an intruder in the house. The respondent had effected an entry into the kotha by opening the lock. When she saw the respondent, she had the prese...
Sardar Amar Singh and anr. Vs. Smt. Surinder Kaur
Court: Madhya Pradesh
Decided on: Jul-08-1975
Reported in: AIR1975MP230
B.R. Dube. J. 1. The questions which are referred to the Full Bench for opinion are as under : (i) Whether an unregistered lease-deed can be used to show the nature and character of possession of the defendant that is whether he is a tenant in the premises or not and (ii) Whether assuming the demise of the premises to be under unregistered lease deed Ex. P.2, then whether a monthly tenancy can be presumed on the facts and circumstances of this case. 2. The facts- giving rise to this reference may be briefly stated. The plaintiff filed a suit for ejectment and arrears of rent against the defendants on the basis of an unregistered lease deed dated 13-7-1972 vide Ex. P.2. It was alleged that the plaintiff had purchased the suit house from the defendant No. 1 on 13-7-1972 under a registered sale-deed and he later became her monthly tenant on a rent of Rs. 170/- per month. The tenancy was for a period of one year commencing from 13-7-1972 and it was for non-residential purposes. It was also...
Manoharlal Gupta and ors. Vs. the Madhya Pradesh Electricity Board
Court: Madhya Pradesh
Decided on: Jul-07-1975
Reported in: AIR1976MP38
Singh, J. 1. This is an appeal by the plaintiffs against the dismissal of theirsuit for recovery of damages under the Fatal Accidents Act, 1855.2. The facts are that the deceased Dharamwati Bai was the wife of Mano-harlal Gupta, plaintiff No. 1 aged 32 years, and mother of plaintiffs 2 and 3, Ramesh Kumar aged 10 years and Brijmohan aged 3 years. The family lived in Ram Nagar Ward, Raipur. On 2nd October 1968 at about 6.30 p.m. Dharamwati Bai went to a nearby tap to fetch water in a pitcher. While she was returning to her house her foot came in contact with a live electric wire and she got electrocuted and died. It appears that a naked copper wire used for conducting high voltage electric energy had snapped between two poles and the deceased came in contact with one of the ends of this wire and died. The plaintiffs instituted the suit giving rise to this appeal for recovery of Rs. 25.000 as damages on the ground that the defendant, the Madhya Pradesh Electricity Board, was negligent in...
Bhopal Sugar Industries Limited and anr. Vs. Sumitra Bai Battan and or ...
Court: Madhya Pradesh
Decided on: Jul-03-1975
Reported in: (1976)ILLJ452MP
ORDERS.S. Sharma, J.1. This petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioners for quashing the order, dated 25-7-1974, passed by the Commissioner for Workmen's Compensation, Bhopal (hereinafter referred to as 'the Commissioner ') in case No. 16 of 1973.2. The facts giving rise to this petition are as follows:The respondents filed an application under the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') before respondent No. 6 Commissioner claiming a lumpsum payment of Rs. 7,000 or more as the case may be from petitioner No. 2, who is the Manager of petitioner No. 1, on the ground that Shri Battan was a workman employed with petitioners and so on 21-4-1972 at about 1-30 p.m., while on duty was bitten by a snake resulting in his death. It is alleged that on that day while the deceased was on duty for irrigating sugarcane crop he after completing his work of irrigating the portion of plot No. 97 of sugarcane crops at ...
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