Madhya Pradesh Court August 1977 Judgments
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Ramdayal Umraomal Partnership Firm, Raipur Vs. Pannalal Jagannathji Pa ...
Court: Madhya Pradesh
Decided on: Aug-25-1977
Reported in: AIR1978MP16; 1977MPLJ752
Shiv Dayal, C.J. 1. The learned single Judge has referred the following question for our opinion:'Whether an issue relating to jurisdiction of the trial Court which requires the taking of some evidence, has to be decided as a preliminary issue or not.'2. It appears from the order of reference that the learned single Judge found some conflict between two single Bench decisions in Balchand v. Basantidevi, 1972 Jab LJ 448 : (AIR 1972 Madh Pra 157) and Mohansingh v. Sampatbai, (Civil Revn. No 252 of 1974, decided on 12-11-1974) (Madh Pra), although in both these decisions a reference has been made to Major S.S. Khanna v. F.J. Dhillon (AIR 1964 SC 497).3. The learned counsel for both the sides have placed before us several decisions of this Court and other High Courts and also an unreported decision of A.P. Sen, J. in Civil Revn. No. 524 of 1973 (Madh Pra), Gordhandas v. Lalsingh.4. Having gone through all these decisions we find that there is a debate as to the jurisdiction of the trial Co...
Shantilal Soganmal and anr. Vs. Town Improvement Trust, Ratlam and ors ...
Court: Madhya Pradesh
Decided on: Aug-25-1977
Reported in: AIR1978MP8; 1977MPLJ690
Shiv Dayal, C. J.1. This is an appeal under Section 147 of the Madhya Pradesh Town Improvement Trust Act, 1960, When the matter was placed before a learned single Judge, the question arose whether the court-fee paid on the appeal was adequate. Court-fee of Rs. 30 has been paid and not ad valorem court-fee. In Suresh Kumar v. Town Improvement Trust, Bhopal, 1975 Jab LJ 468 : (AIR 1975 Madh Pra 189), the Hon'ble Taxing Judge (Raina J.) held that on such appeal ad valorem court-fee is payable on the difference between the compensation claimed and the compensation awarded. Since the learned single Judge thought that in view of certain other decisions of the Nagpur High Court and the Bombay High Court and since the decision in Sahadu Gangaram Bhagade v. Special Deputy Collector, Ahmednagar, (1970) 1 SCC 685 : (AIR 1971 SC 1887) did not decide the above question, he referred the matter to be decided by the Larger Bench, i. e. how the matter has come up before us.2. The decision of Raina, J. ...
Abhimanyu Rath Vs. Virendra Pandey
Court: Madhya Pradesh
Decided on: Aug-17-1977
Reported in: AIR1978MP112; 1978MPLJ189
ORDERJ.P. Bajpai, J.1. This is an election petition presented under Section 81 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') calling in question the election of the respondent to the Legislative Assembly of Madhya Pradesh from Jagdalpur Legislative assembly constituency. The petitioner seeks to challenge the election of the respondent on the sole ground of improper rejection of his nomination paper.2. Undisputedly, the respondent was declared elected by the returning officer on 14-6-1977. This petition was filed on 1-8-1977 and accordingly the office made a note indicating that the petition was barred by limitation as delayed by two days. According to the provisions of Section 81 of the Act, an election petition has to be filed within 45 days from the date of election. Section 67A of the Act as reproduced below defines the date of election to be the date on which a candidate inelection is declared by the returning officer to be elected.'67A.-- Dat...
Town Improvement Trust, Gwalior Vs. Sahajirao Angre and anr.
Court: Madhya Pradesh
Decided on: Aug-10-1977
Reported in: AIR1978MP218; 1978MPLJ562
Sharma, J.1. This is a petitionunder Articles 226 and 227 of the Constitution of India for issuance of a writ setting aside the Award, dated 27-4-1970, given by Land Acquisition Officer, Gwalior in Land Acquisition Case No. 8/56/23/7 (Annexure-B). The petitioner has also challenged Section 50 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') as being unconstitutional.2. The case of' the petitioner, a body corporate constituted under the Town Improvement Trust Act is that in the city of Gwalior near Jinsinala an open piece of land, commonly known as Garud Saheb ka Bada, 3 bigas and 5 biswas in area, was acquired for Housing Development Scheme. The petitioner has referred to the different notifications issued under Sections 4, 6 and 17 of the Act. Tahsildar, Gwalior obtained possession over the land and handed it over to the petitioner on 29-11-1957.3. Notification under Section 9 was also issued in the proceedings relating to the acquisition. Some persons, as have...
Smt. Ramkunwar Bai Vs. Controller of Estate Duty
Court: Madhya Pradesh
Decided on: Aug-03-1977
Reported in: [1983]142ITR852(MP)
Oza, J.1. This is a reference under Section 64 of the E.D. Act made by the Appellate Tribunal, Indore.2. The facts giving rise to this reference are that one Mayachandsa died on June 4, 1957. His widow, the accountable person, Smt. Ramkunwar Bai, is the party to these proceedings. The Asst. Controller of Estate Duty determined the principal value of the estate on the date of death of the deceased at Rs, 5,65,116. The Asst. Controller held that the entire coparcenary interest of the deceased in the coparcenary property passed on his death. It also held that an amount of Rs. 3,50,000 which was settled by the deceased under a trust of which the deceased himself was a managing trustee and over which the deceased had an absolute power of disposal also passed on the death of the deceased. The accountable person, i.e., Smt. Ramkunwar Bai went up in appeal to the Appellate Controller of Estate Duty and before the appellate authority two questions were raised; that the deceased and his wife, Ra...
Mukesh Trading Co. Vs. the Commissioner, Sales Tax and anr.
Court: Madhya Pradesh
Decided on: Aug-03-1977
Reported in: 1978MPLJ21; [1978]41STC330(MP)
ORDERC.M. Lodha, J.1. By this petition under Article 226 of the Constitution of India, the petitioner has challenged the correctness of the order dated 10th December, 1973, passed by the Assistant Sales Tax Officer, Gwalior and the order dated 7th April, 1975, passed in revision by the Divisional Deputy Commissioner, Sales Tax, Gwalior, upholding the order of the Assistant Sales Tax Officer dated 10th December, 1973.2. The petitioner deals in industrial gas. While assessing his turnover for the year 1970-71, i. e., from 1st April, 1970, to 31st March, 1971, the Assistant Sales Tax Officer (who will hereinafter be referred to as the assessing authority) included Rs. 8,223.30 purporting to be the forwarding charges in the sale price and charged sales tax over it. The petitioner had a right to go in appeal against this order under Section 38(1) of the M.P. General Sales Tax Act, 1958 (which will hereinafter be referred to as the Act). He had also the remedy by way of second appeal to the ...
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