Court : Madhya Pradesh
Reported in : 2004CriLJ62; 2003(4)MPHT78
Dipak Misra, J.1. This writ petition preferred under Article 226 of the Constitution of India was instituted at the instance of the petitioner who has been convicted under Section 20(b)(ii) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short 'the NDPS Act') and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/-, in default, to suffer further rigorous imprisonment for a period of three years in Special Case No. 6/99% by the learned Special Judge, NDPS, Indore. Being aggrieved by the said judgment of conviction he has preferred a Criminal Appeal No. 151/2000 in the High Court at Indore Bench which is pending for disposal. While suffering incarceration he sent the present application challenging the constitutional validity of Section 41 of the NDPS (Amendment) Act, 2001 (Act No. 9 of 2001). As the writ petition was instituted on the basis of the application received from the convict from jail we thought it appropriate to...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP34; [1967]63ITR689(MP)
Dixit, C.J. 1. By this application under Article 226 of the Constitution, the petitioner Straw Products Ltd. a public company incorporated in the former State of Bhopal, prays that the Taxation Laws (Merged States) (Removal of Difficulties. Amendment Order, 1962, be declared ultra vires, inoperative and of no effect whatsoever, and seeks a writ of certiorari for quashing assessments of income-tax made on it on 4-3-1958 for the years 1952-53 and 1953-54, as also the assessments made for the assessment years 1954-55 to 1960-61. The petitioner also seeks a direction restraining the respondents from proceeding with the assessments for the assessment years 1961-62 to 1965-66. 2. The matter arises thus. The petitioner is a public limited company engaged in the manufacture of straw-boards and other allied products. It was incorporated in the quondam State of Bhopal in 1938. Under an agreement concluded between the Company and the Government of the Bhopal State, the Company was exempted from p...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463
Dipak Misra, J.1. The term 'Law' is applied and taken recourse to herald the incandescent attributes of civilisation with stupendous felicity and the advancement of society is conditioned by the appropriate legal evolution. Sometimes the law is conceived as 'jus naturale', at times as 'jus civile' and some other times it is equated with 'jus honorarium'. But the term 'jus' is always important. 'Jus' should never succumb to 'Joss'. That is why it has been said that the law is not the study of words alone but a penetration into the study of nature within and nature without which are projected through words that have the moving power of life. For that Simon pure reason William Shakespeare spoke : 'The Law hath not been dead, though it hath slept'. We have embarked upon the subject with the aforesaid prefatory note as our essay and venture is to find out whether by substitution of Section 100A of the code of Civil Procedure, 1908 (in short 'the Code') the Legislature by taking recourse to ...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. The appellant/defendant has directed this appeal under Section 100 of the CPC being aggrieved by the judgment and decree dated 16.4.2010 passed by Ist Additional District Judge Harda, in regular civil appeal No.1-A/2010 whereby, upholding the judgment and decree dated 19.7.06 passed by II Civil Judge Class-II Harda in original civil suit No. 417-A/2004, decreeing the suit of the respondents against him for eviction under the provisions of Transfer of Property Act, his appeal has been dismissed.2. It is undisputed legal position that the provisions of M.P. Accommodation Control Act, 1961 are not made applicable to town Timarni, District Harda where the disputed premises is situated.3. The facts giving rise to this appeal in short are that one Madhusudan Agarwal, the father of respondent No.1 to 4, being deaf and dumb person, aged about 80 years, filed the impugned suit for eviction against the appellant through his son and general power of attorney holder, Lavkush Agarwal, contending...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP171
1. This is a Letters Patent Appeal against the order of Kotval J., in Miscellaneous Petition No. 466 of 1955.2. The appellant used to carry on business in the State of Nandgaon and did so during the years 1946-47, 1947-48 and 1948-49. At that time, the provisions of the Indian Income-tax Act, 1922, were applicable to the Nandgaon State on account of the extension of that Act to the State in the year 1942. The appellant was assessed to income-tax for the above years under the said act by three separate orders of the Income-tax Officer, dated respectively 29-12-1947, 9-1-1948 and 29-3-1949, and the tax was duly realised by the State authorities.The State merged with Madhya Pradesh with effect from ]st August 1949 by the State Merger (Governors' Provinces) Order, 1849, end by the Taxation Laws (Extension to Merged States and Amendment) Act 1949 (hereinafter referred to in the judgment as the Taxation Laws Act) the Indian Income-tax Act was extended to the State of Nandgaon with effect fro...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. This appeal is directed on behalf of the appellant defendant under Section 100 of CPC being aggrieved by the judgment and decree dated 28.7.06 passed by Ist Additional District Judge, to the court of Ist Additional District Judge, Satna in Civil Regular Appeal No. 10-A/06 dismissing his appeal by affirming the judgment and decree dated 6.1.03 passed by IInd Civil Judge, Class-II, Satna in Civil Original Suit No. 289-A/99 decreeing the suit of the respondent against him for eviction on the ground enumerated under Section 12 (1) (a), 12 (1) (b), 12 (1) ( c) and 12 (1) (f) of the M.P. Accommodation Control Act 1961, in short "The Act".2. Facts giving rise to this appeal in short are that the predecessor in title of the respondent herein namely Mahadai, wife of Laxmi Chand Safadiya filed a suit for eviction against the appellant with respect of the premises situated at house no. 849/5 in ward no. 15 of Subhash Chowk, Satna contending that the appellant being her monthly tenant @ Rs.300/...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1992)DMC263
B.M. Lal, J.1. Applicant Smt. Yashoda Sharma filed a matrimonial suit against her husband non-applicant Suryabali Yadav under Section 11 of the Hindu Marriage Act, hereinafter called the Act. She also filed an application for amendment of the plaint introducing that house bearing No. MIG-4 Bodabag Colony, Rewa is her property and her husband non-applicant Suryabali Yadav be restrained from interfering with her lawful possession. This application of amendment was rejected by the trial Court by the impugned order dated 4.10.986 holding that the proposed amendment changes the nature of the original suit as framed and filed under Section 11 of the Act.2. It appears that while passing the order, the trial Court has escaped the attention of the provisions of Section 27 of the Act. The provisions of Section 27 of the Act extends jurisdiction to the Matrimonial Court that in any proceedings under the Hindu Marriage Act, the Court may make such provisions as it deems just and proper with respec...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(4)MPHT360; 2002(3)MPLJ504
S.S. Jha, J.1. This Letters Patent Appeal is filed against the judgment and decree passed in First Appeal No. 10 of 1982 arising out of the judgment and decree dated 19-6-82 passed by Third Additional Judge to the Court of District Judge, Gwalior.2. Objection is raised by the respondents as to maintainability. The appeal was finally heard and decided on 4-9-96 [1997(1) Vidhi Bhasvar 255]. After its decision an application for restoration was filed as some of the respondents were not served and appeal came up for hearing. After restoration of appeal the case was listed again and objection is raised that in view of amendment in Section 100A of Code of Civil Procedure this appeal is not maintainable. This appeal is filed against that order.3. It is to be examined whether the appeal is now maintainable in view of amended Section 100A of Code of Civil Procedure came into force w.e.f. 1st July, 2002. Section 100A is reproduced below:--'100A. No further appeal in certain cases.-- Notwithstand...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP161; [1964]15STC128(MP)
Dixit, C.J. 1. By this application under Articles 226 and 227 of the Constitution, the petitioner questions the legality of the assessment to sales tax made against a partnership firm doing business under the name and style of M/s Chhotalal Keshaoram and Co., Rajanandgaon, by an order passed by the Sales Tax Officer, Raipur, on 20th July 1954. By that order the taxable turnover of the firm for the period from 17th February 1950 to 30th November 1951 was determined at Rs. 1,96,000/-and the amount of sales tax payable by the firm was found to be Rs. 6,125/-. The petitioner also challenges the legality of the notices issued to the' firm in Form XII on 8th December 1952, 23rd October 1953, 6th May 1954 and 24th May 1954, under Section 11(5) of the Central Provinces and Berar Sales Tax Act, 1947, (here, inafter referred to as the Act), pursuant to which the impugned assessment was made. He prays that the said notices, the assessment order made by the Sales Tax Officer, Raipur, the demand no...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP78
Newaskar, J.1. This second appeal arises out of execution proceedings and raises the question regarding competency of execution of an ex parte decree passed by the Bombay High Court as a Court in British India against the defendants who were residing in the State of Barwani which was one of the Indian Princely States.2. The Court of first instance held such a petition incompetent. But on appeal the learned District Judge Nimar-Barwani reversed that decision and held it to be competeat. This is a judgment-debtors' second appeal.3. Material facts necessary for consideration of this question are as follows:M/s. Bhagwanji Tejmal of Bombay obtained an ex parte decree from the original side of the Bombay High Court against the appellants in Civil Original Suit No. 55 of 1943 for Rs. 4761-7-0 inclusive of costs of 22nd of June 1943. The decretal amount carried interest at Annas eight per cent per month from the date of the decree till realisation.4. The plaintiff decrees-holder applied for tr...
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