Madhya Pradesh Court August 1988 Judgments
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Kishorekumar Vs. Smt. Manibai
Court: Madhya Pradesh
Decided on: Aug-23-1988
Reported in: 1989MPLJ110
ORDERK.L. Shrivastava, J. 1. This revision petition by the tenant under Section 23E of the M. P. Accommodation Control Act, 1961 (for short 'the Act') is directed against the order dated, 14-9-87 passed by the Rent Controlling Authority, Indore (for short 'the Authority') in Rent Case No. 536/84 whereby rejecting the petitioner's application under Order 7, Rule 11, C.P.C., 1908 (for short 'the Code') it has been held that the application under Section 23A(b) of the Act for his eviction is maintainable before it.2. Circumstances giving rise to the revision petition are these. The non-applicant Mst. Manibai as the sole 'landlord' filed the aforesaid application under Section 23A(b) of the Act before the Authority for petitioner's eviction on the ground that the non-residential accommodation in question is required bona fide by her for the business of her major son Satyawan.3. During the pendency of the application for eviction, the petitioner filed the aforesaid application under Order 7...
Natwar Transport Co. Pvt. Ltd. Vs. the Regional Transport Officer and ...
Court: Madhya Pradesh
Decided on: Aug-23-1988
Reported in: AIR1989MP107; 1988MPLJ724
G.G. Sohani, Actg. C.J.1. This is a petition under Article 226 of the Constitution of India.2. The material facts giving rise to this petition, briefly, are as follows: The petitioner was granted by the State Transport Authority, Maharashtra, a permit under the Motor Vehicles Act, 1939 (hereinafter called the Act) for plying stage carriages on the route Nagpur-Warud via Pandhurna, for a period of three years expiring on 30-6-1984. A part of the aforesaid route falls within the State of M.P. and is, therefore, Inter-State route and is covered by an agreement entered into between the State of Maharashtra and the State of Madhya Pradesh under the provisions of Section 63-A of the Act. As required by Section 63(1) of the Act, the permit granted to the petitioner as aforesaid, was countersigned by the State Transport Authority, Madhya Pradesh. The application for renewal of the aforesaid permit submitted by the petitioner, was rejected by the State Transport Authority, Maharashtra. Hence th...
Shantilal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-23-1988
Reported in: 1989CriLJ332
ORDERK.L. Shrivastava, J.1. This is an application under Section 438 of the Criminal P.C. 1973 (for short 'the Code') for grant of anticipatory bail.2. Submission of the learned Counsel for the petitioner is that the petitioner reasonably apprehends his arrest in connection with Crime No. 98/88 of P.S. Petlawad relating to an offence under Section 49A of the Madhya Pradesh Excise Act, 1915 (for short 'the Act') and he deserves to be enlarged on anticipatory bail.3. The learned Counsel appearing for the prosecution opposes the petitioner's application. He contends that under Section 59 of the Act all offences punishable thereunder are bailable within the meaning of the Code and the applicability of the provision under Section 438 of the Code for grant of anticipatory bail is attracted only in cases on non-bailable offences. It is next contended that in view of the provision in Section 49-B(i) of the Act, application for grant of anticipatory bail cannot be entertained at all. It is furt...
Anand Jaiswal Vs. District Magistrate, Shahdol (M.P.)
Court: Madhya Pradesh
Decided on: Aug-19-1988
Reported in: AIR1989MP143; 1989MPLJ312
C.P. Sen, J. 1. This Order will dispose of Misc. Petition No. 3940/1987 Ashok Chhabaria v. The Commissioner (Revenue), Bilaspur and Anr., Misc. Petition No. 501/1988 Mahesh Kumar Sahu v. Commissioner (Revenue), Bilaspur and other, and Misc. Petition No. 1161/1988 Video Classic and Anr. v. The State of M.P. and Anr. In M.P. No. 3673/1987, the cancellation of the video licence is on the ground that a large screen has been used. In M.P. No. 3940/1987, while the DistrictMagistrate had cancelled the video licence on the same ground, in appeal the Commissioner has restored the appeal but restricted the size of the screen to size of normal T.V. screen. M.P. No. 501/1988 is preferred by a cinema operator against the order of the Commissioner restoring the licence. In M.P. No. 1161/88 the District Magistrate while issuing the licence has restricted the size of the screen to 50 to 60 cms.2. The petitioner in M.P. No. 3673/87 is an exhibitor of films through Video Cassette Recorder (V.C.R.) in hi...
Commissioner of Wealth-tax Vs. Princess Usha Trust
Court: Madhya Pradesh
Decided on: Aug-19-1988
Reported in: [1989]177ITR244(MP)
1. Shri Mukati, learned counsel for the applicant, on show cause notice having been served, Shri J.W. Mahajan, learned counsel for the non-applicant.2. They are heard. The applicant, namely, the Commissioner of Wealth-tax, Bhopal, has submitted this reference application under Section 27(3) of the Wealth-tax Act, 1957, calling upon the Income-tax Tribunal to make a reference to this court on the following substantial questions of law :(1) Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the Commissioner (Appeals) was correct in cancelling the wealth-tax assessments in the light of the decision of the Hon'ble High Court when the same has not been accepted and is being contested in appeal before the Supreme Court ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the assessee-trust stood extinguished on transfer of beneficial interest to Devi Ahilyabai Holkar ?' 3. ...
Bisarti Bai and ors. Vs. Madhya Pradesh State Road Trans. Corpn. and o ...
Court: Madhya Pradesh
Decided on: Aug-18-1988
Reported in: 1990ACJ103
Y.B. Suryavanshi, J.1. The orders passed in MA No. 228 of 1983 shall also govern disposal of MA Nos. 253,255 and 219 of 1983 because they arise out of a common award, dated 28.2.1983, by M.AC.T., Jabalpur, in respect of Claim Case Nos. 8,11,12 and 13 of 1979 relating to the death of four persons caused in the same accident, due to head-on collision of M.P.S.R.T.C. bus No. MPW 7953 and truck No. MPQ 3018, belonging to Surendra Singh. These four appeals are for enhancement of the compensations awarded in the claim cases. MA No. 238 of 1983 is also disposed of by these orders, since it relates to the compensation claimed by the owner of the truck, Surendra Singh, against M.P.S.R.T.C., its driver Shiv Kumar Shukla, and the insurance company in respect of repairs of truck and the pecuniary loss caused during the period when the truck was under repairs.2. It is common ground that the bus No. MPW 7953 belongs to M.P.S.RT.C, on 11.12.1978, as an 'express passenger bus', it plied between Rewa a...
M.P. Electric Corporation Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Aug-18-1988
Reported in: [1989]72STC259(MP)
ORDERR.K. Verma, J.1. This order shall also govern the disposal of M.C.C. No. 214 of 1986 (M.P. Electric Corporation, Ratlam v. Commissioner of Sales Tax, M.P.), M.C.C. No. 215 of 1986 (M.P. Electric Corporation, Ratlam v. Commissioner of Sales Tax, M.P.), M.C.C. No. 267 of 1986 (M.P. Electric Corporation, Ratlam v. Commissioner of Sales Tax, M.P.), M.C.C. No. 285 of 1986 (M.P. Electric Corporation, Ratlam v. Commissioner of Sales Tax, M.P.), M.C.C. No. 289 of 1986 (M.P. Electric Corporation, Ratlam v. Commissioner of Sales Tax, M.P.), M.C.C. No. 291 of 1986 (M.P. Electric Corporation, Ratlam v. Commissioner of Sales Tax, M.P.), M.C.C. No. 293 of 1986 (M.P. Electric Corporation, Ratlam v. Commissioner of Sales Tax, M.P.) and M.C.C. No. 290 of 1986 (M.P. Electric Corporation, Ratlam v. Commissioner of Sales Tax, M.P.).2. These are nine references made by the Board of Revenue (Sales Tax Tribunal) at the instance of the assessee under Section 44(1) of the Madhya Pradesh General Sales Tax ...
Ratnakar and anr. Vs. Haji Inayatullah
Court: Madhya Pradesh
Decided on: Aug-16-1988
Reported in: AIR1989MP134; 1988MPLJ665
P.D. Mulye, J.1. A learned single Judge of this Court (Shri V. D.Gyani, J.) has made this reference to this Court to decide the following question of law :'Whether the Rent Controlling Authority, while dealing with an application under Section 23A of the Madhya Pradesh Accommodation Control Act, 1961, has power to strike out 'tenant's defence under Section 13(6) of the said Act for non-compliance of Section 13(1) of the M.P. Accommodation Control Act, 1961 ?2. Short facts, material for the decision of this reference may be stated, in brief, thus ; The respondent, a retired Government servant, who is covered under Section 23-J as a landlord for the purpose of Chap. II1-A, filed an application under Section 23-A of the M.P. Accommodation Control Act, 1961 against the petitioners, as tenants before the Rent Controlling Authority, Indore on 15-3-1985 seeking ejectment on the ground that he bona fide required the residential part of the suit accommodation for his own residence and the non-r...
Commissioner of Sales Tax Vs. Himalaya Chatni Bhandar
Court: Madhya Pradesh
Decided on: Aug-16-1988
Reported in: [1989]74STC8(MP)
ORDERG.G. Sohani, Ag. C.J.1. The order in this case will also govern the disposal of Misc. Civil Case No. 289 of 1985 as common question of law is involved in both these cases.2. By these references under Section 44(1) of the M.P. General Sales Tax Act, 1958 (hereinafter referred to as 'the Act'), the Board of Revenue has referred the following question of law to this Court for its opinion :Whether, in the facts and circumstances of the case, the Board of Revenue was justified in holding that the sale of 'sewai' is taxable at the rate of 2 per cent as a form of cereal vide entry No. 4 of Part IV of Schedule II of the M.P. General Sales Tax Act, 1958, instead of 8 per cent vide entry No. 1 of Part VI of Schedule II of the M.P. General Sales Tax Act, 1958 3. The material facts giving rise to these references, briefly, are as follows:The assessee is engaged in the manufacture of chatnis, condiments, 'sewai', etc. The assessment years in question are 1977-78 and 1978-79. While framing asse...
Himalaya Chatni Bhandar Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Aug-16-1988
Reported in: [1989]73STC84(MP)
ORDERG.G. Sohani, Ag. C.J.1. The order in this case will also govern the disposal of Miscellaneous Civil Cases Nos. 293, 294 and 295, all of 1985, between the same parties.2. By these references under Section 44(1) of the M.P. General Sales Tax Act, 1968 (hereinafter referred to as 'the Act'), the Board of Revenue has referred the following question of law to this Court for its opinion:Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that irrespective of the fact that the packing material was purchased from the registered dealers after payment of tax at the full rate, the assessee was not entitled to a deduction from his turnover under Section 2(r)(ii) of the M.P. General Sales Tax Act, 1958, in respect of sales of packing material along with the goods contained therein, in view of the explanation occurring in Section 2(o) of the Act ?3. The material facts giving rise to these references, briefly, are as follows:The assessee is engaged in th...
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