Madhya Pradesh Court March 1977 Judgments
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Nagar Palika Nigam, Gwalior Vs. Motilal Munnalal
Court: Madhya Pradesh
Decided on: Mar-31-1977
Reported in: AIR1977MP182
C.M. Lodha, J.1. This is a defendant'sFirst Appeal against the ex parte judgment and decree dated 26-3-1976 by Shri J. D. Shrivastava, Third Addl. District Judge, Gwalior.2. The plaintiff's case as set out in the plaint is that be was carrying on business in bangles of glass, lac and plastic in a wooden stall erected by him on public-land near Ram Mandir, Phalke Bazar, Lashkar. On 8-11-1971 some employees of the defendant, Municipal Corporation Gwalior (which will hereinafter be referred to as 'the Corporation'), came to his shop to demolish the stall. Thereupon the plaintiff filed a suit for perpetual injunction against the corporation in the Court of First Addl. Civil Judge, Gwalior, to get the Corporation restrained as C. S. No. 346-A 1973. He also applied for issue of temporary injunction. But the application for temporary injunction was ultimately rejected on 25-1-1973. The plaintiff has alleged that on 30-1-1973, the employees of the corporation demolished his wooden stall as a r...
Mehr Taj Nawab Sultan Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Mar-22-1977
Reported in: AIR1977MP193; 1977MPLJ467
Shiv Dayal, C.J. 1. With a view to provide for a more equitable distribution of land, the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (Act No. 20 of 1960, hereinafter called the 'Ceiling Act') was enacted to fix ceiling on existing holdings as well as on future acquisition of Agricultural lands. The surplus land vesting in Government is to be allotted on payment of occupancy price to needy persons and co-operative farming societies in certain priorities. Section 7 of the Act prescribes the maximum extent of land to be held by a person or family. Section 9 requires submission of a return by person holding land in excess of ceiling. Section 10 empowers the Competent Authority to require a person to furnish the return, if he holds land in excess of the ceiling area, but has not submitted the return. Section 11 contains provisions for preparation of statement of land held in excess of the ceiling area. Section 12 declares that all surplus land shall be deemed to be needed for...
Rikhiram Pyarelal and anr. Vs. Ghasiram Dukalu
Court: Madhya Pradesh
Decided on: Mar-14-1977
Reported in: AIR1978MP189; 1978MPLJ527
J.P. Bajpai, J.1. This second appeal is at the instance of the defendants against whom the claim of the respondent-plaintiff for possession and mesne profits has been decreed by both the Courts below.2. The facts giving rise to this appeal are that on 27-6-1960, defendant No. 1 Rikhiram executed a registered sale deed in favour of the plaintiff for a consideration of Rs. 300/-. However, khasra No. 165/1 area 0.20 acres was described as the land sold. The case of the plaintiff was that the aforesaid description was under a mistake. What was actually intended to be sold and was sold was the land measuring 0.20 acres of khasra Nos. 81 and 82/2. According to the plaintiff, he was also placed in possession of these khasra numbers and not of khasra No. 165/1 as stated in the sale deed. After entering into possession, his name was also mutated on these khasra numbers and the defendant Rikhiram, despite notice, did not oppose the aforesaid mutation. Mutation had already taken place in December...
Ghewarchand Kewalchand Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-11-1977
Reported in: 1977MPLJ479
Shiv Dayal, C.J.1. This is a reference under Section 66(2) of the Indian Income-tax Act, 1922. The questions are:'(1) Whether there was evidence for the Tribunal to come to the conclusion that there was no ascertainment of the capital assets of the business on October 23, 1957, and there was, therefore, no partial partition on October 23, 1957? (2) Whether, on the finding that there was no ascertainment of the capital assets on October 23, 1957, the Tribunal was justified in its further conclusion that no partnership was brought into existence on October 23, 1957, so as to entitle it for registration under Section 26A of the Indian Income-tax Act, 1922 ?' 2. The assessment years are 1959-60 and 1960-61, the relevant previous years being the years ending Diwali 1958 and 1959 respectively.3. Ghewarchand, his wife, Shrimati Gajrabai, and his two sons, Meghraj and Kewalchand, formed a Hindu undivided family. The firm carried on ghee business under the name and style of M/s. Ghewarchand Kew...
Ghewarchand Kewalchand Vs. Commissioner of Income Tax, M.P.
Court: Madhya Pradesh
Decided on: Mar-11-1977
Reported in: [1978]111ITR391(MP)
SHIV DAYAL C.J. - This is a reference under section 66(2) of the Indian Income-tax Act, 1922. The question are :'(1) Whether there was evidence for the Tribunal to come to the conclusion that there was no ascertainment of the capital assets of the business on October 23, 1957, and there was, therefore, no partial partition on October 23, 1957 (2) Whether, on the finding that there was no ascertainment of the capital assets on October 23, 1957, the Tribunal was justified in its further conclusion that no partnership was brought into existence on October 23, 1957, so as to entitle it for registration under section 26A of the Indian Income-tax Act, 1922 ?'The assessment years are 1959-60 and 1960-61, the relevant previous years being the years ending Diwali 1958 and 1959 respectively,Ghewarchand, his wife, Shrimati Gajrabai, and his two sons, Meghraj and Kewalchand, formed a Hindu undivided family. The firm carried on ghee business under the name and style of M/s. Ghewarchand Kewalchand. ...
M.P.S.R.T.C. Vs. Ramchandra and ors.
Court: Madhya Pradesh
Decided on: Mar-09-1977
Reported in: AIR1977MP243; 1977MPLJ341
Shiv Dayal, C.J.1. A Division Bench has referred this case to us. The following question arises for consideration :--'Whether the employees of the Madhya Pradesh State Road Transport Corporation are governed by the Regulations made by the M. P. S. R. T. C. in exercise of its power under Section 45 of the Road Transport Corporations Act, 1950 or the Standing Orders Rules, made by the State Government under the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961. which have been applied to the Road Transport Corporation.'2. This petition under Article 226 of the Constitution calls in question an order passed by the Industrial Court, Indore, directing reinstatement of Ramchandra (respondent). Ramachandra originally had joined the service of the Gwalior Northern India Transport Company. His date of birth was recorded as December 5, 1908. At the relevant time, he was employed as a Traffic Supervisor in the M. P. State Road Transport Corporation. The Divisional Manager by his le...
Agrawal Tyre Stores Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Mar-04-1977
Reported in: [1979]43STC425(MP)
C. Kondaiah, J.1. These three references under Section 44(1) of the M. P. General Sales Tax Act, 1958 (hereinafter called the Act), relate to the same assessee-applicant for the assessment years 1959-60, 1960-61 and 1961-62 respectively and the question of law is one and the same arising under similar circumstances in each of the three years. Hence we propose to dispose of the same by a common order.2. The question of law raised in these references is :Whether sales of rubber used for retreading of tyres are covered under entry 36 of Part II of Schedule II of the Madhya Pradesh General Sales Tax Act, 1958 ?3. In order to appreciate the scope of the question, it is not only profitable but necessary to state briefly the admitted facts and circumstances that gave rise to the legal question. The applicant-assessee, M/s. Agrawal Tyre Stores, Indore, is a registered dealer under Clause (m) of Section 2 of the Act selling tyres, tubes, motor parts and rubber used for retreading of old tyres. ...
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