Madhya Pradesh Court February 1976 Judgments
Brij Behari Gupta Vs. L.L. Khare and anr.
Court: Madhya Pradesh
Decided on: Feb-27-1976
Reported in: AIR1976MP156
S.M.N. Raina, J.1. This is a petition under Articles 226 and 227 of the Constitution.2. The Jabalpur Wholesale Consumer Co-operative Society Ltd., Jabalpur (hereinafter referred to as 'the Society') is a consumer co-operative society duly registered under the Madhya Pradesh Cooperative Societies Act, 1960 (hereinafter referred to as 'the Act').3. The petitioner is a shareholder of the Society and is also a member of its Managing Committee. Respondent No. 1 who was appointed Election Officer to conduct the elections of the Society issued general notice (Annexure P-1) notifying the programme of election of the members of the Managing Committee of the Society. According to the said pro-gramme the election of the members of the Managing Committee was to be held on 16th of December, 1'973 at the Annual General Meeting of the Society. The date fixed for filing nomination papers for the members of the Committee was 8-12-1973; the date of scrutiny was 10-12-1973 and the last date for final wit...
Tag this Judgment!Ramgopal Kanhaiyalal Vs. Chetu Batte
Court: Madhya Pradesh
Decided on: Feb-26-1976
Reported in: AIR1976MP160
Shiv Dayal, C.J.1. The questions referred to this Full Bench are whether the Civil Court cannot take cognizance of a suit instituted by Bhumiswami on the basis of his title, against a trespasser; and whether the decision in Nathu v. Dilbande Hussain, AIR 1967 Madh Pra 14, is no longer good law.2. Chetu brought the suit against Ramgopal on the averment that he is the Bhumiswami of survey No. 138/3 (area 5 Bighas 9 Biswas) of village Kulhar, Tahsil Basoda. On or about July 15, 1963, the defendant wrongfully took possession of the suit land. The plaintiff used to earn about Rs. 150/- per year from the yield of the suit land. The defendant's case was that the plaintiff had entered into a contract with him to sell the suit land to him for Rs. 900/- He paid Rs. 900/- to the plaintiff and the plaintiff delivered possession to him. The plaintiff promised to execute a deed of sale in his favour but later on refused to do so. The learned Civil Judge, Class II, Basoda, rejected the defendant's pl...
Tag this Judgment!The 'Ad Hoc' Committee, the Indian Insurance Company Association Pool ...
Court: Madhya Pradesh
Decided on: Feb-21-1976
Reported in: AIR1976MP164
G.P. Singh, J. For himself and S.M.N. Raina J. 1. This order shall also dispose of Miscellaneous First Appeal No. 191 of 1971 and Miscellaneous First Appeal No. 16 of 1972.2. The facts leading to these appeals are that a motor vehicle bearing registration number MPJ 9132 was involved in an accident on 3rd June 1965 at Nainpur in which one Babulal died. Babulal's widow and son, namely, Radhabai and Ravishankar, applied to the Motor Accidents Claims Tribunal for award of compensation. The Tribunal by its award, dated 18th September 1971, has allowed the claim for compensation to the extent of Rs. 9,486/-. Interest from the date of the claim petition upto payment at the rate of 4% per annum has also been allowed. All these appeals have been filed against the award.3. The facts found are that the vehicle involved in the accident belonged to the State and that at the relevant time it was allotted to the Primary Health Centre, Nainpur. At about 10 P.M., one Satyanarayan approached Dr. Tiwari...
Tag this Judgment!Virendra Singh Sen Vs. the Jiwaji University, Gwalior and anr.
Court: Madhya Pradesh
Decided on: Feb-17-1976
Reported in: AIR1976MP230; 1977MPLJ32
Rania, J. 1. This is a petition under Articles 226 and 227 of the Constitution by a student of the Jiwaji University Gwalior hereinafter referred to as 'the University') for quashing the programme of B. E. examinations, which were to be held from 1st December, 1975.2. The petitioner is a student of Third Year B. E. (Civil) in the Madhav Institute of Technology and Science, Gwalior (hereinafter referred to as M. I. T. S.). He is also the Convenor of the action committee of the M. I. T. S. Students union, Gwalior. The University published a news item (Annexure B) informing the students that examinations for Engineering Classes will be held from 1st December, 1975. The contention of the petitioner is that this action of the Uni-verity was in contravention of Regulation No. 3, which lays down that only two examinations will be held every year, one in November and the other in April. Accordingto him, the University has already held two examinations this year one in January and the other in ...
Tag this Judgment!Madan Lal Pande Vs. District Magistrate, Shajapur and anr.
Court: Madhya Pradesh
Decided on: Feb-13-1976
Reported in: AIR1977MP37
Verma, J. 1. This is a petition under Article 226 of the Constitution of India for a writ of mandamus directing the respondents to classify the petitioner as a detenu in Class 1 in accordance with the Provisions of M. P. Detention Order, 1971. 2. The petitioner has been detained in the Sub Jail, Narsingarh, District Rajgarh as a result of an order dated 27-11-1975 passed by the District Magistrate, Shajapur, respondent No. 1, under the Maintenance of Internal Security Act, 1971. There is no dispute that no order is specifically passed regarding the classification of the petitioner as a detenu on account of which he is presumed to have been placed in Class II in accordance with the proviso under Sub-rule (2) of Rule 4 of the M.P. Detention Order, 1971 and that he is being so treated. 3. The petition alleges that the detenu aged about 57 years, is a Law Graduate of 1945 and has been a practising Advocate of this Court with headquarters at Shajapur, ever since the year 1947. One son of th...
Tag this Judgment!Kanhaiyalal Vs. the Board of Revenue M.P., Gwalior and ors.
Court: Madhya Pradesh
Decided on: Feb-09-1976
Reported in: AIR1977MP94
Verma, J. 1. The respondent No. 3 Society obtained an award against the petitioner for the recovery of a certain sum of money under the M. P. Co-operative Societies Act, 1960 (hereinafter referred to as the Act). Thereafter, the society applied for its execution according to Clause (c) of Section 85 of the Act. The recovery officer respondent No. 5 proceeded to execute the award in accordance with the rules contained in Chapter X in M. P. Co-operative Societies Rules, 1962 (hereinafter referred to as the Rules). The petitioner's interest in certain agricultural lands was consequently attached and the sale proclamation (Annexure A) dated 19-4-1968 was issued. The sale was held on 25-5-1968 at which respondent No. 2 Ashok Kumar was the highest bidder. As required by Clause (g) of Sub-rule (2) of Rule 66 of the Rules, the respondent No. 2 deposited 25% of the purchase money at the time of the purchase and the remainder of the purchase money was also deposited by him within fifteen days fr...
Tag this Judgment!The Madhya Pradesh State Road Transport Corporation Vs. State Transpor ...
Court: Madhya Pradesh
Decided on: Feb-06-1976
Reported in: AIR1976MP169
C.P. Sen, J.1. By this petition under Articles 226 and 227 of the Constitution, the petitioner has prayed for quashing of the grant of permits to the respondents 6 to 8 by the State Transport Appellate Tribunal. The connected petitions of Mohanlal and Ors. v. S.T.A.T. and Ors. M.P. No. 528 of 1975, Rangnath v. S.T.A.T. and Ors. M.P. No. 775 of 1975 and Samrathmal Agarwal v. S.T.A.T. and Ors. M.P. No. 1354 of 1975 are also disposed of as they arise out of the same order and common questions are involved. The said petitioners are also parties in this petition.2. The Regional Transport Authority, Indore invited applications for three return trip permits on the regional route Dhar-Badwani (via Mangod, Amzera, Zirabad, Awalda, Manawar, Singhana, Chikalda, Rajghat). There were as many as 43 applicants and the R. T. A. by order dated 22-5-1972 granted one permit to each of the respondents 3 to 5 i.e. Mohanlal, Bhoj Yatayat Sahakari Samiti Ltd. and Gendalal for a period of three years. Appeals...
Tag this Judgment!Nathu Prasad Vs. Singhai Kapurchand
Court: Madhya Pradesh
Decided on: Feb-05-1976
Reported in: AIR1976MP136
Shiv Dayal, C.J.1. An apparent conflict between Pooranchand v- Komal-chand, AIR 1962 Madh Pra 64 (Dixit C. J. and Pandey J.), and Komalchand v. Pooranchand, 1969 MPLJ 937 = (AIR 1970 Madh Pra 199) (Naik and Singh JJ.) has led to this reference. Three questions have been referred to us :--'(1) Whether an appeal lies under Order 43, Rule 1 (c), rejecting/dismissing for default an application under Order 17, Rule 2, read with Order 9, B. 9, Civil P. C. ? (2) Whether the Division Bench which decided Komalohand v. Pooranchand could take a contrary view to the one taken in Pooranchand v. Komalchand, which had been decided bv a Division Bench ? (3) Whether the earlier decision in Pooranchand v. Komalchand, operated as res judicata in the later case (Komalchand v. Pooranchand) ?' 2. The first question is of general importance and frequent occurrence on which conflicting views were taken bv the two Division Benches. The second and third questions arise because of the two particular decisions me...
Tag this Judgment!Todarmal Safarishmal Lashkar Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Feb-02-1976
Reported in: [1979]118ITR759(MP)
Shiv Dayal, C.J. 1. This is a reference under Section 256(1) of the I.T. Act, 1961. 2. The assessee is a registered firm consisting of four partners. During the relevant accounting period the business of the assessee-firm consisted of money-lending and sale of petroleum products and also sale of motor parts, tyres and tubes. The assessee-firm came into existence after a partial partition in the family in April, 1956, and the accounts of the firm closed for the first time on March 31, 1957. 3. For the assessment year 1958-59, the return of income was due on June 30, 1958, as per the public notice given under the Indian I.T. Act, 1922. The assessee did not file its return of income by that date. On March 15, 1963, the assessee was served with a notice under Section 148 of the I.T. Act, 1961, which had come into force in the meantime. On March 7, 1964, the assessee filed its return of income of Rs. 42,851, on the basis of which the ITO passed the order on March 13, 1964, computing the ass...
Tag this Judgment!Shrilal Jadho Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-02-1976
Reported in: 1976CriLJ1325
S.R. Vyas, J.1. This appeal by the abovenamed appellant is against his conviction and sentence of life imprisonment awarded under Section 302 of the Indian Penal Code.2. Briefly stated, the facts alleged by the prosecution and accepted by the trial court for convicting the accused are these. The deceased Devilal was the son of Mannu (P.W. 5) and husband of Mst. Mano (P.W. 4). Pancha (P.W. 1) is the maternal uncle-in-law of the deceased Devilal. One of the daughters of Mannu (P.W. 5) was married to Badam Singh, the brother of the accused. Bhag-wati was another daughter of Mannu (P.W. 5). Bhagwati died during the pendency of the trial in the trial Court. The accused frequently used to come and stay at the house of Mannu (P.W. 5). Pancha (P.W. 1) is a Chowkidar of village Dargawan and had on the date of the incident come to the house of Mannu (P.W. 5).3. (A) On the night intervening 11th and 12th March, 1970, deceased Devilal was sleeping in his house. Mst. Mano (P.W. 4) and Pancha (P.W. ...
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