Madhya Pradesh Court September 1975 Judgments
Administrator, Jabalpur Corporation Vs. Girdharilal
Court: Madhya Pradesh
Decided on: Sep-24-1975
Reported in: 1976CriLJ399
R.K. Tankha, J.1. This is an appeal under Section 417(3) of the Code of Criminal Procedure, 1898, filed by the Administrator, Jabalpur Corporation, Jabalpur, against the order of acquittal dated 1-12-1967, passed by the Magistrate First Class, Jabalpur, in Criminal Case No. 986/67, under Section 7/16 of Prevention of Food Adulteration Act.2. Brief facts of the case are that the respondent owns a shop in Mohalla Gorakh-pur of Jabalpur City. On 30th June, 1967, Food Inspector D. L. Patel (P.W. 2) purchased 475 grams of dalda from the shop of the respondent and paid Rs. 2.75 to him as the price of the same and obtained his receipt (Ex. P/2). Thereafter, D. L. Patel (P.W. 2) filled three bottles with the purchased dalda in equal quantity. All the three bottles were wrapped, fastened and sealed in accordance with the rules. One bottle was given to the respondent and receipt (Ex. P/3) was obtained from him. An Intention notice (Ex. P/l) was also served on the respondent. The Public Analyst H...
Tag this Judgment!The Commissioner (Now Administrator) Municipal Corporation Vs. Satyana ...
Court: Madhya Pradesh
Decided on: Sep-19-1975
Reported in: 1976CriLJ1665
A.P. Sen, J.1. This appeal under Section 417(3) of the Code of Criminal Procedure, filed by the Administrator (now Commissioner), Municipal Corporation, Jabalpur, with leave of the Court, is directed against an order of acquittal of the Magistrate First Class, Jabalpur, dated 31st March, 1967, acquitting the respondents of an offence punishable under Section 16 of the Prevention of Food Adulteration Act, 1954, for alleged contravention of Section 7 of the Act.2. The prosecution case, in brief, is as follows. The respondents - M/s Satyanarain & Co., Jabalpur and its partners, are a firm of commission agents. They are engaged in the business of selling mustard oil and coconut oil, which they get from different manufacturers. We are here concerned with samples of mustard oil taken on 25-3-1964, by M. B. Shrivastava Food Inspector (PW 1) in form IV, vide Ex. P-9, from 5 sealed tins containing mustard oil, manufactured by M/s Uma Shanker Oil Mills, Allahabad. The samples were duly forwarded...
Tag this Judgment!Rambai Vottery and ors. Vs. Shivaprasad Vottery
Court: Madhya Pradesh
Decided on: Sep-12-1975
Reported in: AIR1976MP1
Raina, J.1. The following question has been referred to this Bench for opinion :'Whether in an appeal against a preliminary decree declaring dissolution of partnership and directing accounts a defendant is hound to value the relief in appeal on the valuation that was put by the plaintiff on the plaint, or whether it is open to the defendant to put a different valuation in appeal for purposes of court-fee under Section 7(iv)(f) of the Court-fees Act?'2. The respondent filed a suit against the appellant for rendition of accounts of a dissolved partnership firm or, in the alternative, for dissolution of the firm and rendition of accounts in the Court of First Additional District Judge, Jabalpur. The claim was valued at Rs. 75,000/-. The defendant (who has since died and is now represented by the appellants) resisted the suit; but ultimately a decree was passed declaring that the partnership stood dissolved with effect from 29-10-1970 and directing the defendant to render accounts of the p...
Tag this Judgment!Rambharose Anant Prasad Vs. the State Transport Appellate Authority, M ...
Court: Madhya Pradesh
Decided on: Sep-11-1975
Reported in: AIR1976MP71
P.K. Tare, C.J. and Sharma, J. 1. This opinion shall also govern the disposal of Miscellaneous Petition No. 239 of1971 (Sardar Dharamsingh of Datia v. Regional Transport Authority, Gwalior and others).2. These cases have been referred by a Division Bench to a Full Bench to consider the correctness of a Division Bench decision of this Court in Rambabu v. Regional Transport Authority, Indore, M. P No. 462 of 1970, D/- 5-7-1971 (Madh. Pra.). ,3. These references arise on the following facts :The petitioner Rambharose Anant-prasad is a motor operator. The matter relates to grant of a stage carriage permit on Rewa-Bichi route via Baghaun, on which the services of respondent No. 3, Ramshushil Pandey and one, Ramlagan-singh were being operated prior to the making of the application by the petitioner. The route is 103 miles, out of which 46 miles is pacca and falls exclusively within the jurisdiction of the Regional Transport Authority, Rewa. The question arose whether the procedure prescribed...
Tag this Judgment!Kedarnath Mattulal Vaish and anr. Vs. Baboolal and anr.
Court: Madhya Pradesh
Decided on: Sep-01-1975
Reported in: AIR1976MP62
ORDERU.N. Bachawat, J. 1. This revision petition is directed against the order dated 21-3-1975 of the Third Civil Judge, Class II Gwalior in Civil Original Suit No. 255A/73.2. The material facts necessary to decide this revision petition briefly stated are these. The applicant No. 1 was defendant No. 2 and applicant No. 2 was defendant No. 1 in the trial Court. The non-applicants (Plaintiffs) brought a suit against these applicants for ejectment and arrears of rent contending inter alia that the suit premises were taken on rent by applicant No. 1, in the trade name 'M/s. Mattulal Kashinath', that he is carrying on Kirana business in it. It is also averred in the plaint that possibly applicant No. 2 might be a partnership firm in which applicant No. 1 and some others may be the partners. The relevant averments to this effect are set out below:;g fd izfroknh uEcj 2 izfroknh uEcj dsVsMuse ls fdjkus dk O;kikjh gS vkSj mlus VsMuse eV~Vwyky dk'khukFk lsoknhx.k ds lkFk fdjk;snkjh dk O;ogkj fd...
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