Madhya Pradesh Court October 1957 Judgments
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Surajmal Arjundas Vaidya Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Oct-09-1957
Reported in: AIR1958MP103
M. Hidayatullah, C.J.1. The following question has been referred for the opinion of the Full Bench :'Can a writ of this High Court under Article 226 of the Constitution be issued to bind the Central Government in a case in which' under the Mineral Concession Rules, 1949 the Central Government has declined to review an order passed by the State Government?'2. The reference came to be made under the following circumstances. The appellant Seth Surajmal applied for a mining lease in respect of 20.45 acres in village Botejhari, tahsil Waraseoni, district Balaghat. The application of Seth Surajmal was dismissed by the State Government and the State Government's decision was communicated to Seth Surajmal by the Deputy Commissioner, Balaghat, in memorandum No. 1381-7438-7-kh dated 27-12-1954 under endorsement No. K. Kh. Li. dated 19th January 1955. I reproduce the memorandum here:'20.45 acres. area thrown open vide notification in C. P Gazette part 3, page 8,dated 7-1-55. Application to be rec...
General Manager, Gwalior Sugar Co. Vs. Srilal
Court: Madhya Pradesh
Decided on: Oct-09-1957
Reported in: AIR1958MP133; (1958)IILLJ89MP
ORDERA.H. Khan, J. 1. Under Section 27 of the Workmen's Compensation Act, the Commissioner for Compensation has referred this case to the High Court. The facts leading to this reference in brief are that Shrilal, a workman, in the Gwalior Sugar Co. Ltd., Debra, died on 23-1-1956 of the injuries he sustained when the Boiler of the Company accidentally got burst. The Company admits its liability and has deposited Rs. 1500/-for being given to the heir of the deceased if any. A notification was published calling applications from persons who were the dependants of the deceased and entitled to compensation.2. First of all one Dhani Ram applied, but his claim was rejected by the Commissioner. Thereafter, the present applicant Bhawani, a minor brother of the deceased under the guardianship of Chironji, put in his claim for compensation. From the evidence that was produced in this connection, it appeared that Bhawani was a uterine brother of the deceased Shrilal, i.e., the mother of Bhawani an...
Laxman Hirway Vs. State of Madhya Bharat
Court: Madhya Pradesh
Decided on: Oct-08-1957
Reported in: AIR1958MP135
A.H. Khan, J.1. This is a writ under Article 226 of the Constitution of India for the issue of writs of mandamus and prohibition against the State of Madhya Bharat and now against the successor Government, the Government of Madhya Pradesh.2. The facts giving rise to this petition are that the petitioner L. P. Hirway entered the service of the Gwalior State as a Judicial Officer in 1940; in 1946 he was dismissed by the Gwalior Government on account of- a frivolous prosecution launched against him, which was eventually withdrawal by the Government, He represented his case to the Gwalior Government, taut in the mean time the State of Gwalior merged in Madhya Bharat. The efforts of the petitioner to press his representation continued and it seems that on 2-11-49, the petitioner was appointed Judge, Labour Court (Madhya Bharat) on a temporary and provisional basis for sis months. He continued in this capacity beyond six months and while he was continuing as Labour Judge, his representation,...
Abid Mohammad Khan Vs. the State
Court: Madhya Pradesh
Decided on: Oct-01-1957
Reported in: AIR1958MP44; (1958)IILLJ425MP
Dixit, J.1. By this petition under Article 226 of the Constitution of India, the applicant Abid Mohammad Khan seeks a writ to quash an order dated 3rd January 1956, for the former Madhya Bharat Government placing him under suspension with effect from 31st January 1954 and a direction to restrain the Government from enforcing it.2. The petitioner was a Sub-Inspector in the Customs and Excise Department of the former State of Madhya Bharat. By an order dated 11th January 1954, he was suspended pending investigation into certain charges against him. In pursuance of the order of suspension, he handed over charge of his office on 31st January 1954. As a result of the enquiry, he was ultimately dismissed from service by an order passed by the Commissioner of Customs and Excise on 7th July 1954.That order of dismissal was quashed on 16th November 1955, by the Madhya Bharat High Court in a petition under Article 226 of, the Constitution, Abid Mohammad Khan v. State of Madhya Bharat (Civil Misc...
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