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Judgment Search Results Home > Cases Phrase: trade marks Sorted by: recent Court: madhya pradesh Year: 1970 Page 1 of about 17 results (0.050 seconds)

Dec 24 1970 (HC)

Ramlal Puri Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Dec-24-1970

Reported in : AIR1971MP152; 1971CriLJ1026

tare, j. 1. this order shall also govern the disposal of all the cases mentioned above. shri ramlal puri is the printer and publisher of a book, by name, 'agni pareeksha', written by acharya shri tulsi, head of the tera-panthi school of shwetambar jain sect. the petitioner in the other connected case, namely, misc. criminal case no. 468 of 1970, is the jain shwetambar terapanthi mahasabha, which had sponsored the publication of the book. an acknowledgment of that fact is made in the book itself. the petitioners in the last named petition namely amar-chand and others are the followers of jain religion belonging to the terapanthi sect of shwetambar cult. as followers of the said sect they claimed that they have a right to read the book and to recite the poems on religious occasions or even otherwise. 2. these are petitions filed by three different sects of person claiming interest in the book, 'agni pareeksha' under section 99-b of the code of criminal procedure, wherein the order of the state government, dated 28-9-1970, published in the madhya pradesh gazette, dated 28-9-1970, at page 1656, passed under section 99-a of the code of criminal procedure, forfeiting to the government all copies of the book 'agni pareeksha', is challenged on various grounds. presently we shall have occasion to deal with those grounds. 3. it may be appropriate at this stage to reproduce the entire notification, which is as follows.-'bhopal the 28th september, 1970, no. 4581-6014-i-k-70, whereas it .....

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Dec 14 1970 (HC)

The Swadeshi Cotton and Flour Mills Ltd. Vs. T.S. Paraskar and anr.

Court : Madhya Pradesh

Decided on : Dec-14-1970

Reported in : AIR1971MP177; 1971MPLJ338

bhargava, j.1. this order shall govern the disposal of m. p. nos. 12/67, 17/67, 18/67, 619/66 and 620/66 also.2. the petitioners in these petitions are incorporated companies owning textile mills at indore wherein the petitioners carry on the business of manufacture of cotton-textile goods. by these petitions the petitioners have challenged the orders passed by the first respondent shri t. s. paraskar who has been appointed the assessing officer under the indore industrial tax rules, 1927, and the indore excess profits duty order, 1944. by the orders impugned in these petitions, the petitioners were held liable to pay interest on the arrears of industrial tax and excess profits duty and have been called upon to pay the said amount.3. feeling aggrieved, the petitioners have filed these petitions under articles 226 and 227 of the constitution praying for the issue of a writ of certiorari for quashing the impugned orders and for restraining the state government-from recovering interest from the petitioners.4. in the year 1927, the government of his highness maharaja holkar promulgated rules known as 'indore industrial tax rules, 1927.' the said rules were duly published in the holkar government gazette. the rules, inter alia, provided for the levy of industrial tax in respect of profits or gains of the cotton mills industry carried on by any assessee in the holkar state. rule 18 of the said rules conferred powers on the government to amend the said rules and such amendments were .....

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Sep 09 1970 (HC)

Johrilal and anr. Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

Decided on : Sep-09-1970

Reported in : AIR1971MP116; 1971CriLJ814; 1971MPLJ64

shiv dayal, j.1. the appellants have been convicted for two offences under section 302, read with section 34, of the penal code, and each has been sentenced to suffer rigorous imprisonment for life for each of the two murders. the sentences have been ordered to run consecutively in case of each of the appellants.2. the accused and the deceased were related thus:-- _____________________________________________________ | | | |babulal gangaprasad shambhudayal nokhelal (killed) (accused) | | johrilal gendlal (accused) (killed)there was some dispute regarding land between gangaprasad and babulal. gangaprasad had filed a suit against babulal for possession. in that suit, shambhudayal and johrilal were also joined as defendants. a decree for possession was passed in favour of gangaprasad. they are residents of village gowari. on may 10, 1967, the marriage of one khushaliram's daughter was to be celebrated at village kudodobri. gangaprasad and gendlal went there to attend the marriage. at about 8 p. m. on that date, when gangaprasad was sitting in the 'manda' in front of khushaliram's house, both the accused shambhudayal and johrilal suddenly appeared there and johrilal dealt a blow with his axe on the neck of gangaprasad. shambhudayal also struck him with his lathi. gendlal rushed to rescue his father, whereupon a fight ensued between them and gendlal. the accused johrilal managed to give another blow with his axe on the shoulder and neck of gendlal. both father and son fell dead. .....

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Jul 30 1970 (HC)

The State of Madhya Pradesh Vs. Khan Bahadur H.H.D.H. Bhiwandiwala and ...

Court : Madhya Pradesh

Decided on : Jul-30-1970

Reported in : AIR1971MP65; 1970MPLJ805

a.p. sen, j.1. this appeal, filed by the defendant, is directed against a judgment and decree of the third additional district judge, bhopal, dated 29th november 1966, decreeing the plaintiff's suit for declaration simpliciter.2. the material facts, shortly stated, are these. the dispute relates to rent of the distillery buildings including office and residential quarters at jahangirabad, bhopal. on 26th march 1958, the plaintiff was granted a distillery contract for the wholesale supply of country spirit for the districts of raisen and sehore on the terms and conditions contained in the licence. it was permitted to occupy the distillery building for the manufacture of country liquor in terms of clauses 8 and 46 of the licence. the licence was in renewal of distillery contracts which the plaintiff had from the erstwhile bhopal state right from the year 1916 onwards. for all these years, the then government allowed the plaintiff to occupy the distillery building for execution of its excise contracts on payment of rent. the rent initially charged was rs. 250/- per month and was finally enhanced to rs. 392.62 with certain additions and alterations to the building. when the distillery contract was granted to the plaintiff by the state of madhya pradesh, the pre-existing rent of rupees 392.62 was not adopted to be the basis for occupation of the distillery building. the renewal of the licence was subject to the condition that the plaintiff would be liable to pay such rent as was .....

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Apr 17 1970 (HC)

Commissioner of Sales Tax Vs. New Bhopal Textile Limited

Court : Madhya Pradesh

Decided on : Apr-17-1970

Reported in : 1970MPLJ607; [1970]26STC306(MP)

ordershiv dayal, j.1. this is a reference under section 44 of the m.p. general sales tax act, 1958 (hereinafter called the act), at the instance of the commissioner of sales tax, m. p. the questions referred for our decision are:-(1) whether hessian cloth is 'cloth' and is covered by entry no. 6 of schedule i of the madhya pradesh general sales tax act, 1958? (2) whether the penalty of rs. 1,500 in the assessment under the state law and rs. 500 in the assessment under the central law for non-submission of returns was properly and legally imposed ?2. m/s. new bhopal textile ltd., bhopal (hereinafter referred to as the assessee) is a registered dealer engaged in the business of manufacture and sale of textiles. for the period 1st april, 1963, to 31st march, 1964, the gross turnover of the assessee was determined at rs. 1,33,90,060.95 and the taxable turnover at rs. 14,54,985.35. according to the assessment order of the assistant commissioner, sales tax, bhopal, the total value of hessian sold was rs. 60,000. by his assessment order under section 19(4) of the act, he assessed sale at rs. 15,000 and imposed a sales tax of rs. 7,105.58 and also under section 8(1) of the central sales tax act, he assessed sale at rs. 45,000 and imposed sales tax of rs. 17,593.27. he further imposed a penalty of rs. 1,500 under the state law and rs. 500 under the central law.3. the assessee preferred two appeals, one under the state law and the other under the central law. both the appeals were .....

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Dec 24 1970 (HC)

Orient Paper Mills Ltd. Vs. the State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Decided on : Dec-24-1970

Reported in : 1971MPLJ560; [1971]28STC532(MP)

..... is a long one spreading over many years but, as shown, in effect it operated every year only on two coupes, one of bamboos and another of salai wood, ear-marked and allotted by the forest department for the purpose of extraction of ripe material. for all these reasons, we are of the view that the transaction in this case was ..... , in any given year, only one of these coupes. thus, every year it could operate only on the exploitable bamboos and salai wood ear-marked and allotted for the purpose by the forest department, for which, as already indicated, it had to make annual payments in four instalments, calculated at an agreed rate per ton ..... divided into felling series. each one of these was to be further sub-divided into 4 annual coupes and the petitioner could work in any given year only one coupe marked by forest department for the purpose. similarly, each one of the felling series of salai wood forests was to be divided into 20 annual coupes and the petitioner could work .....

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Nov 18 1970 (HC)

Budhulal Shankarlal Vs. an Infant-child (Not Named) and ors.

Court : Madhya Pradesh

Decided on : Nov-18-1970

Reported in : AIR1971MP235; 1971CriLJ1566; 1971MPLJ32

shiv dayal, j.1. this is a petition under section 491, criminal procedure code, for release of an infant (not yet named) aged about three months from the custody of kallu and smt. tarabai (respondents 2 and 3 respectively).2. it is, alleged in the petition that the petitioner is the father of the child. the child was born on august 18, 1970. almost immediately after the delivery, the child's mother (the petitioner's wife) died. as the petitioner had to perform the last rites of his wife, he handed over the custody of the child to kallu and his wife, tarabai, (hereinafter called the respondents) at the lady elgin hospital for temporary care. these respondents are friends of the petitioner. there was an understanding between the petitioner and the respondents that the child would be restored to the petitioner as soon as the last rites were completed. it is then alleged in para 5 of the petition as follows:--'that after finishing the last rites, the petitioner demanded back the custody of respondent no. 1. respondent nos. 2 and 3 refused to hand over the custody of respondent no. 1 to the petitioner.'it is further alleged that the petitioner lodged a report in ranjhi police station house on november 7, 1970. the petitioner is a government employee and has sufficient means to bring up the child.3. in the return filed by kallu and his wife, it is admitted that the petitioner is the natural father of the boy. it is, however, alleged that when the petitioner's wife died on the .....

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Nov 06 1970 (HC)

Govind Prasad Agrawal Vs. Administrator of the City of Jabalpur and or ...

Court : Madhya Pradesh

Decided on : Nov-06-1970

Reported in : AIR1971MP216; 1971MPLJ215

bishambhar dayal, c.j.1. the petitioner shri govind prasad aaarwal has filed this petition under articles 226 and 227 of the constitution for quashing the order of the respondents disallowing his application for approval of the site for erection of a cinema building and the notices dated 21st november 1967 and 8th december 1967 issued under section 302 of the m. p. municipal corporation act for stopping further constructions and demolishing the constructions already made.2. the allegation of the petitioner on which he has asked for these reliefs is that he is the owner of plot no. 810, sheet no. 250, napier town, bhortal, jabalpur. he, intending to construct a cinema house on that plot, applied on 30th december 1965 to the respondents for approval of the site and for sanctioning the plan of the construction. no orders were passed on his application within 30 days as required by section 295 (3) of the act and, consequently, assuming that he must be deemed to have been permitted to make the constructions he proceeded with the construction. however, on 22nd february 1966, when more than 30 days had passed, an order rejecting his application seems to have been passed and was served on him. as a matter of abundant precaution he filed an appeal against this order on 16th may 1966. but while this appeal was pending, notices dated 21st november 1967 and 8th december 1967 were successively served on him asking him to demolish the constructions already made and not to proceed with .....

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Oct 07 1970 (HC)

Smt. Vraj Kuwar Bai and ors. Vs. Kunjbiharilal Krishnachandra and ors.

Court : Madhya Pradesh

Decided on : Oct-07-1970

Reported in : AIR1971MP109; 1971MPLJ44

..... . 34 of 1963.2. these letters patent appeals arise out of a suit for specific performance filed by kunjbeharilal against three partners bechar bhai, rupchand and brijdas of firm diamond trading company, raipur. the case of the plaintiff was that the partners of the firm, on behalf of the firm, agreed to sell malik makbuza rights in half share of certain .....

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Oct 07 1970 (HC)

Madhya Pradesh State Road Transport Corporation Vs. the Regional Trans ...

Court : Madhya Pradesh

Decided on : Oct-07-1970

Reported in : AIR1971MP76

bishambhar dayal, c.j. 1. this is a petition by the madhya pradesh state road transport corporation against an order of the regional transport authority refusing to grant temporary permits to the petitioner. the relevant facts are that scheme no. 60 was sanctioned and published in december, 1965, and it came into operation from 19th march 1966. among other routes, the one route which is now in dispute is from jagdalpur to bailadilla. a portion of this route from gedam to bailadilla was to be of conjoint operation with other while the routes from jagdalpur to bhopalpattnam and jagdalpur to sukmakotma were routes of exclusive operation by the corporation. in paragraph 10 of this scheme there was a provision as follows:--'facilities of extra buses to clear extra traffic on the route during peak season or during fairs and festivals will be provided to avoid any inconvenience to the travelling public.'on the strength of this provision in the scheme the corporation made an application on 22nd may 1968 for the grant of temporary permits under section 68-f (1) of the motor vehicles act, 1939. the regional transport authority did not consider that there was any temporary need existing and, therefore, passed an order rejecting the application on that ground.2. the contention of the corporation is that the transport authority had no jurisdiction to enter into the question of the existence or non-existence of the necessity for the grant of a temporarypermit and since the applications had .....

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