Court : Madhya Pradesh
Decided on : Oct-16-1963
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
Decided on : Apr-30-1963
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...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-25-1963
Reported in : AIR1965MP170
Dixit, C.J. 1. This order will also govern the disposal of Miscellaneous Petitions Nos. 390, 391, 392, 393 and 394 all of 1962. 2. By these six petitions under Article 226 of the Constitution, the petitioner, Rustomji Jail of Mhow, challenges the validity of notices under Section 34 of the Indian Income-tax Act, 1922, (hereinafter referred to as the Act), served on him in respect of escaped income for the years ending on 31st March 1941, 31st March 1942, 31st March 1943, 31st March 1944, 31st March 1945, and 31st March 1946. He prays for the issue of writs for quashing these notices and for a writ of mandamus restraining the opponent in each case from taking any steps or proceedings in pursuance of the notices. 3. The relevant facts are these. The petitioner is a resident of Mhow, which was formerly a yart of the quondam Holkar State. In or about 1934 he began interesting himself in business activities in the then British India and acquired a textile mill, known as the new Premier Mill...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-11-1963
Reported in : AIR1965MP122; 1965CriLJ704
Shiv Dayal, J.1. Gangaram, who appears to be a lad of 13 or 14 years, has been convicted of the offence under Section 302 of the Penal Code, by the Additional Sessions, Judge, Jagdalpur. 2. Gangaram appellant and Ghanshyam, the deceased, were nearly of the same age, both residents of village Bhanbeda. On November 1, 1961, they both went out from Bhanbeda village together. At that time the accused had a Pharsi, while the deceased had a Tangia. They did not return to their village that night, but stayed at the house of Cherku (P. W. 7) in village Dabkatta. Next day, Cherku asked Itwari (P. W. 5) to reach the boys to their village. On their way, the two boys slipped away. On the evening of Thursday, Gangaram accused alone returned to the village. When he was asked about Ghanshyam, he stated that he and Ghanshyam had been lifted in a truck by some Dandukaranyawalas, but he (Gangaram) could manage to jump out of the truck. This answer was not satisfactory. Raghunath (P. W. 3), father of the...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-07-1963
Reported in : AIR1966MP171
P.K. Tare, J.1. This appeal shall also govern the disposal of Second Appeal No. 104 of 1963 which had been filed by the present respondent as a cross objection, but which was directed to be registered as a separate appeal. The present appeal is by the tenant, while the connected cross appeal is by the landlord,2. The tenant's appeal is against the decree, dated, 17-10-1962 passed by Shri P. C. Gupta, Third Additional District Judge, Indore in Civil Appeal No. 29 of 1960 reversing the decree, dated, 29-2-1960, passed by Shri G. K. Sharrna, Additional Civil Judge Class I, Mhow in Civil Suit No. 12 of 1957, wherein the tenant challenges the decree for eviction mainly on the ground that the decree is not on any of the grounds mentioned in Section 12 of the M.P. Accommodation Control Act, 1961. In the connected cross appeal filed by the respondent-landlord his relief is for mesne profits or damages for use and occupation from the date of the suit to the date of delivery of possession,3. At ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-24-1963
Reported in : AIR1964MP118
Dixit, C. J.1. In this application under Article 226 of the constitution of India by a private limited company engaged in the business of manufacture, production and sale of sugar, the petitioner claims a declaration that the Sugarcane Cess (Validation) Act, 1961 (XXXVIII of 1961). (here-matter referred to as to the Act) passed by Parliament 4s beyond the constitutional powers of Parliament and is, therefore, invalid, and prays for the issue to a writ or certiorari for quashing a notice dated 17th March 1962 given to it by the collector of Ratlam calling noon it to pay a total amount of Rs. 6,33,917.52 ape. as due from it on account of cane cess and cane commission tinder the Act and the Madhya Pradesh Sugarcate (Regulation to Supply and purcnase) Act, 1958, (hereinafter referred to as the local Act).2. in order to appreciate the merits to the controversy arising in this case it is necessary to reier first to the local Act by which a cuss on sugarcane entering into an area specified in...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-15-1963
Reported in : AIR1966MP261; 1966CriLJ1012
Krishnan, J. 1. The two appeals relate to the same matter as the death reference, one memorandum being sent from jail and the other filed by counsel in Court. The appellant had been put on trial along with two others--his brother-in-law, Kaluji Gujar, and his nephew, Samandar Gujar son of Kaluji--under different sections including 302, 302 read with 34 and 452 I. P. C. the allegation being that the present appellant, condemned man, trespassed into the house in which Amarji was resting, and killed him by hitting him on the head several times with a weapon that has been described as 'pasliwali lohangi' and causing a number of incised wounds including one which fractured the skull and damaged the brain. This is said to have happened at about 2.00 p.m., on 7-11-1902 when Amarji had come to his brother Balaji's house after an earlier incident at the fields between half and one mile away, where Kaluji and his sun are said to have hit him with lathis. They were all jointly committed as the en...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-22-1963
Reported in : AIR1963MP316; 1963MPLJ614
Dixit, C.J.1. This is an appeal under Section 116A of the Representation of the People Act, 1951, (hereinafter referred to as the Act) from a decision of the Election Tribunal, Rajnandgaon, declaring the election of the appellant Satya Prakash to the House of the People from Bilaspur parliamentary Constituency void on the ground that the respondent Bashir Ahmed's nomination had been improperly and illegally rejected.2. The material facts are not in dispute. The appellant Satya Prakash, the respondent Bashir Ahmed ana three other persons were candidates for election to the House of the People from the Bilaspur Parliamentary Constituency. On 22nd January 1962, the date fixed for the scrutiny of nomination papers, one Ramashankar Tiwari, who had proposed the appellant, raised the objection that the respondent Bashir Ahmed's nomination was not valid as he was a shareholder in 'The Combined Transport Services (Pvt.) Ltd., Bilaspur,' (hereinafter referred to as the Company), which had entere...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-29-1963
Reported in : AIR1966MP136
Newaskar, J. 1. This petition under Article 226 of the Constitution is submitted by an examinee at the IIIrd year B.Sc. (Mechanical Engineering) examination held by the Vikram University Ujjain in the year 1962. The petitioner is named Rajendra Kumar and his Roll Number was 228. The petitioner seeks to quash the order issued pursuant to the resolution No. 10 dated 9-5-1962 passed by the Results Committee of the University, consisting of the Vice Chancellor as the Chairman and other two members, cancelling the examination of the petitioner for the year 1962 and debarring him from appearing at the examination to be held in the year 1963 and 1964.2. The petitioner was a student of Govindram Seksaria Technological Institute. Indore. He appeared at the IIIrd year Mechanical Engineering B.Sc. Examination held by the Vikram University for the year 1962. While the examination was in progress and the petitioner was solving his paper No. 32 M (Electrical Engineering) on 25-4-1962 the Superintend...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-16-1963
Reported in : AIR1963MP339
Dixit, C.J.1. This order will also govern Misc. Petitions Nos. 271, 301 and 320, all of 1962.2. These are four petitions under Article 226 of the Constitution of India by private limited companies engaged in the business of plying stage carriages challenging the vires of Sections 2 and 4 of the Madhya Pradesh Motor Vehicles (Taxation of Passengers) Amendment and Validation Act, 1962 (hereinafter referred to as the Validating Act). The petitioners seek a declaration that the said provisions are constitutionally invalid, ultra vires and unenforceable, and pray that a suitable direction be issued to the opponents forbearing them from giving effect to those provisions in any manner whatsoever.3. The matter arises thus. In 1959 the Madhya Pradesh Motor Vehicles (Taxation of Passengers) Act, 1959, (hereinafter referred to as the principal Act) was enacted. It came into force on 1st February 1961. By Section 3(1) of the Principal Act, it was provided that on the commencement of that Act 'ther...
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