Madhya Pradesh Court August 1978 Judgments
Dilip Singh and ors. Vs. Khilan Singh
Court: Madhya Pradesh
Decided on: Aug-31-1978
Reported in: AIR1979MP117
H.G. Mishra, J. 1. This is an appeal under Section 39 of the Indian Arbitration Act, 1940 (hereinafter referred to as the Act) aggrieved by an order dated 30th July, 1974 refusing to set aside an award. 2. Exhaustive statement of facts is not necessary for purposes of decision of this appeal. The essential facts for the present purposes are as under:-- (i) There was an arbitration agreement followed by an award. Respondent Khilan Singh submitted an application under Section 14 of the Act for calling the award and making it a rule of the Court. Along with this application no application was made for appointment of guardian ad litem of the minor Dilip Singh, appellant (non-applicant No. 6 in the lower court) before the A. D. J. Vidisha on 5-3-1974. Appellants (non-applicants before the A.D.J.) submitted objections on 30th July. 1974. These objections have been dismissed as time-barred and thus in effect the learned A.D.J. refused to set aside the award and made it a rule of the Court. He...
Tag this Judgment!Sulemanji Ganibhai Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-30-1978
Reported in: (1979)8CTR(MP)11; [1980]121ITR373(MP); 1979MPLJ416
G.P. Singh, C.J.1. This is a reference under Section 256(1) of the I.T. Act, 1961, referring for our answer the following question of law :'Whether, on the facts and circumstances of the case, the Tribunal was right in holding that the provisions of Section 271(1)(c) of the Act read with the Explanation were applicable and, if so, whether the Tribunal wasright in holding that for fixing the quantum of penalty the provisions as they stood amended by the Finance Act, 1968, had application ?'2. The assessee is a registered partnership firm deriving income from agency business in cement and truck business. The truck business was a new business in the year of account. The relevant assessment year is 1966-67. The assessee filed a return on 4th July, 1966. In this return, the assessee did not disclose any income from truck business. The assessee filed a revised return on 20th February, 1969, in which an income of Rs. 2,840 was shown to accrue from a truck referred to as Mohd. Hussain Truck. T...
Tag this Judgment!Commissioner, Sales Tax Vs. Kansari Udyog Sahakari Samiti
Court: Madhya Pradesh
Decided on: Aug-30-1978
Reported in: 1979MPLJ136; [1979]43STC176(MP)
J.S. Verma, J.1. This judgment shall also govern the disposal of Misc. Civil Case No. 120 of 1973 (Commissioner of Sales Tax, M. P. v. Kansari Udyog Sahakari Samiti, Navapara).2. In both these references made under Section 44 of the M. P. General Sales Tax Act, 1958, a common question of law, arising out of the Tribunal's common order dated 23rd March, 1971, has been referred for decision of this Court. The question is as under :Whether, under the facts and in the circumstances of the case, the transaction in which the dealer obtained 'kansa' (raw material) from his customers and supplied utensils of the same weight and charged only labour charges will be a sale liable to sales tax under the M. P. General Sales Tax Act, 1958.3. The relevant period of assessment in these two references is 1st July, 1964, to 30th June, 1965, and 1st July, 1965, to 30th June, 1966. The assessee is a co-operative society registered under the M. P. Co-operative Societies Act, 1960. It is a registered dealer...
Tag this Judgment!Narayandas Vs. Registrar, Public Trusts, Bilaspur and ors.
Court: Madhya Pradesh
Decided on: Aug-29-1978
Reported in: AIR1979MP99; 1979MPLJ227
C.P. Sen, J. 1. This is an appeal under Section 27 (3) of the M. P. Public Trusts Act, 1951 (hereinafter referred to as the Act) read with Section 96 of the Civil P. C. against the order passed by the Additional District Judge under Section 27 of the Act holding that the appellant has no claim to the office of Mahant of Shri Jagannathji Public Trust, Champa, and he be divested of the scheduled proper-ties of the said trust in his possession and he is further restrained from interfering with the affairs of the trust. 2. The facts which are not in dispute are that sometime in the year 1889 (Sam-vat 1945) Premsingh, the then Zamindar of Champa, had created a trust on 3-12-1954 now called Temple Shri Jagannathji Public Trust. In the premises of the said trust there is also an idol of Shri Ramchandraji and other idols. On 30-10-1953 Mahant Ramcharandas, who called himself Pujari and Sarbarakar (Manager) of the temple, applied for registration of the public trust under Section 4 of the Act I...
Tag this Judgment!Pyarelal Pandey Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-29-1978
Reported in: 1980CriLJ183
ORDERN.C. Dwivedi, J.1. Misc. Criminal Case No. 921 of 1978 (Pyarelal Pandey v. The State of M. P.), Misc. Criminal Case No. 628 Of 1978 (Sukhdev Sharma v. State of M. P.) and Misc. Criminal Case No. 480 of 197K (Mahendra Pratap Pandey v. State of M. P.) arise out of the incidents at Kirandol and have been consolidated. The order in Misc. Criminal Case No. 921 of 1978 (Pyarelal Pandey v. State of M. P.) shall govern the disposal of these three cases.2. The applicant Pyarelal Pandey is employed in NMDC as a mechanic-cum-operator and (is) a member of the Executive of Samyukta Khadan Mazdur Sangh. In Misc. Cri. Case No. 480 of 1978. the applicant Mahendra Pratap Pandey is employed as Office Assistant in the Office of the Executive Engineer (Civil) at Kirandol and also an Organising Secretary of Samyukta Khadan Mazdur Sangh, Bailadila Iron Ore Project, Kirandol. Samyukta Khadan Mazdur Sangh is affiliated to All India Trade Union Congress.3. In Misc. Cri. Case No. 628 of 1978, the five appl...
Tag this Judgment!Vikram Singh Vs. Krishna Singh Judev and ors.
Court: Madhya Pradesh
Decided on: Aug-23-1978
Reported in: AIR1979MP145; 1979MPLJ181
ORDERH.G. Mishra, J.1. This is revision directed against an order dated 5-4-1978 whereby the learned A. D. J. has directed issuance of notice to the applicant of an application submitted by non-applicants under Section 192 of the Indian Succession Act, 1925 (hereinafter referred to as the Act), for protection of property of the deceased Shri Raja Balbhadra Singh Judev, ex-Ruler of the erstwhile Datia State.2. Facts essential for the present purposes are as under :--(i) After demise of Raja Balbhadra Singh Judev on 28-3-1978, non-applicants Nos. 1 to 5 submitted an application under Section 192 of the Act. This application was filed on 4-4-1978.(ii) Thereafter the learned A. D. J. made an inquiry as contemplated by Section 193 of the Act and examined Laxmesh-war Singh, non-applicant No. 4 herein, and thereafter ordered issuance of summons to the applicants under Section 194 of the Act. Aggrieved by this order the present revision has been filed.3. Shri B. D. Gupta, learned counsel for t...
Tag this Judgment!Sindh Transport Co. Vs. Nagar Palika Parishad, Datia
Court: Madhya Pradesh
Decided on: Aug-23-1978
Reported in: AIR1979MP142
K.K. Dubey, J.1. By this petition under Article 226 of the Constitution of India, the petitioner seeks a writ to quash the notification in Madhya pra-desh Rajpatra dated 13-4-1973 by which the rate of fee for motor vehicles stopping at the Bus-Stand has been enhanced to Re. 1/- per vehicle from .50 p. per vehicle charged previously,2. The petitioner is an owner of several stage carriages (buses) operating in Gwalior region. In the course of operation of his permits on Gwalior to Jhansi via Datia and Datia-Seondha and Datia-Chhatarpur routes he is required to halt his buses at Datia Bus-Stand. Datia Bus-Stand was constructed by State Government prior to 1956. The Government of Vindhya pradesh took a decision to hand over the Bus-Stands in the State to the Municipal Boards. In pursuance of this decision, they directed the Collector, Datia to give management of the Bus-Stand to Municipal Board, Datia. The District Magistrate (Collector) purporting to exercise powers under R. 89 (b) of C. ...
Tag this Judgment!Rameshchandra Vs. Smt. Premlata Bai
Court: Madhya Pradesh
Decided on: Aug-22-1978
Reported in: AIR1979MP15
C.P. Sen, J.1. This is an appeal under Section 28 of the Hindu Marriage Act, 1955 by the husband against the decree for restitution of conjugal rights passed in favour of the respondent wife.2. The facts not in dispute are that the appellant and the respondent were married according to Hindu rites on 14-6-1974 at village Charua Tahsil Harda. After the marriage, the parties lived in the house of the appellant at Harsud for about one year nO issue was born through the wedlock. About 25 days before the festival of Raksha Bandhan in 1975 the father of the respondent moved an application under Section 97 of the Code of Criminal Procedure, 1973 in the Court of Sub-Divisional Magistrate, Harda for a search warrant for production of the respondent. In pursuance to the search warrant the respondent was brought to the Court of the Sub-Divisional Magistrate where she expressed her desire to go along with her father on 19-8-1975. However, on 25-11-1975 the respondent served a notice on the appella...
Tag this Judgment!Bhanu Prakash Agarwal Vs. Munnalal and anr.
Court: Madhya Pradesh
Decided on: Aug-09-1978
Reported in: AIR1979MP157
ORDERH.G. Mishra, J. 1. This is a revision directedagainst order dated 4-4-1977 passed by the trial Court rejecting the plaintiff's application for amendment to incorporate subsequent event in the plaint.2. Facts essential for present purposes are that the plaintiff-applicant filed the present suit against the defendant-non-applicants for ejectment from the suit shop on the grounds (i) under Section 12 (1) (a) of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as the Act) for default of payment of arrears of rent in spite of service of the notice of demand order; (ii) Section 12 (1) (c) of the Act viz., creation of nuisance and (iii) Section 12 (1) (h) of the Act viz., requirement for construction.3. The defendant submitted written statement and denied the claim of the plaintiff for ejectment and alleged that none of the grounds are available to the plaintiff.4. The issues were framed by the trial Court, Thereafter before commencement of the evidence of the parties, ...
Tag this Judgment!Commissioner of Sales Tax Vs. Blue Spot
Court: Madhya Pradesh
Decided on: Aug-05-1978
Reported in: 1979MPLJ430; [1979]43STC376(MP)
J.S. Verma, J.1. This is a reference under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter called the Act), referring to this Court for its decision the following questions, viz.:(1) Whether the ceramic sold by the assessee falls under entry 26 of Part II of Schedule II of the M. P. General Sales Tax Act, 1958 ; and(2) If it does not fall under the aforesaid entry 26, whether, in the facts and circumstances of the case, the assessee is entitled to be taxed only under the residuary entry, No., entry No. 1, Part VI of Schedule II.At the end of the statement of case, the Tribunal, after referring the aforesaid two questions, has added that even though on behalf of the department it was never contended that entry 55, Part II of Schedule II, is attracted to the present case on account of which the question of applicability of entry 55 does not arise out of the Tribunal's order and it cannot govern the decision of the present case, yet if the High Court is please...
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