Madhya Pradesh Court April 1961 Judgments
Rubab Bai W/O Sharaf Ali and ors. Vs. Asst. Custodian of Evacuee Prope ...
Court: Madhya Pradesh
Decided on: Apr-29-1961
Reported in: AIR1962MP38; 1962MPLJ53
Newaskar, J. 1. This is a petition under Article 226 of the Constitution and is directed against the Custodian 'and Assistant Custodian, Evacuee Property, Indore. 2. The petitioners are four in number, Petitioners Nos. 1, 3 and 4 claim to be the joint owners of House No. 1/163 situated in Kasaiwada and No. 689, Chowk Bazar of Shajapur while petitioner No. 2 claims to have an interest of a mortgagee thereon. The circumstances in which the petitioners seek to quash the orders of the opponents with reference to the above mentioned house tire as under: The house initially belonged to one Sharafali who died leaving behind his widow, daughters and sons. Three of his sons namely Alimohammad, Abbas and Fida Hussain were, on Credible information, believed to have migrated to Pakistan. Notices were issued by the Assistant Custodian Evacuee Property under Section 7 of the Administration of Evacuee Property Act on 1-4-1955. The petitioners objected to the declaration of the said property as evacue...
Tag this Judgment!The Collector Vs. Chaturbhuj Panda and ors.
Court: Madhya Pradesh
Decided on: Apr-28-1961
Reported in: AIR1964MP196
Shrivastava, J. 1. This appeal by the Collector, Raigarh, under Section 54 of the Land Acquisition Act (hereinafter referred to as the Act) is directed against the award of the 2nd Additional District Judge, Rai-garh, in Misc. Judicial Cases Nos. 13 and 14 of 1958. The award was made on a reference under Section 18 of the Act by the Collector, Raigarh, in Land Acquisition cases relating to village Ren-galpali, Tahsil Raigarh, District Raigarh. The respondents have filed a cross-objection requesting for raising the compensation awarded to them by the 2nd Additional District Judge. This judgment governs the disposal of both the appeal and the cross-objection.2. The Orissa Government has constructed an irrigation tank under the Hirakund Dam Project. Several villages of the Raigarh Tahsil have been fully or partly submerged under water of the tank. At the instance of the Orissa Government, the State Government of Madhya Pradesh issued notifications under Sections A and 6 of the Act for acq...
Tag this Judgment!Jagdish NaraIn Babulal Jaiswal Vs. Collector and ors.
Court: Madhya Pradesh
Decided on: Apr-25-1961
Reported in: AIR1962MP146
Naik, J. 1. My opinion in this case shall also govern the disposal of Miscellaneous Petitions Nos. 144, 145 and 154 of 1960.2. All these petitions raise a common question of law, were heard together and can be disposed of by a common order. They are all directed against the orders of the Collector, Damoh, requisitioning the godowns of the petitioners for what he alleged was 'a public Purpose', viz., for storage of Government foodgrains. The orders have been passed in exercise of the powers conferred on all the Collectors under Section 3 of the Madhya Pradesh Accommodation (Requisition) Act (No. LXIII of 1948) (hereinafter called the Act), read with Section 14 thereof by the State Government vide Home (General) Department Notification No. 2866/II-A (3), dated the 3rd July, 1959. The petitions seek to get the said orders quashed by a writ of certiorari or by any other appropriate writ, order or direction, inter alia, on the following grounds, which are being considered first as they are ...
Tag this Judgment!The State Vs. Dalu Maya Ram
Court: Madhya Pradesh
Decided on: Apr-21-1961
Reported in: 1962CriLJ343
ORDERN.M. Golvalker, J.1. This is a reference under Section 438, Criminal Procedure Code, by the Sessions Judge, Hoshangabad, recommending that the order of the Judge Magistrate, Harda, dated 17.12.1960 in Criminal Case No. 866 of 1960, discharging the accused under Section 207A(6), Criminal Procedure Code, without further deciding to try the accused under Section 354, Indian Penal Code, with which he was already charged, be set aside and he be directed to try the accused to the said charge.2. Briefly stated the circumstances leading to this reference are these. The accused Dalu was charge-sheeted by the police for having committed the offence punishable under Section 354, Indian Penal Code. The chalan was presented in the Court of Magistrate 2nd Class, Harda, In due course a charge under Section 354, Indian Penal Code, was framed against the accused and the Magistrate proceeded to try him on that charge. However as the evidence of the prosecutrix disclosed an offence punishable under ...
Tag this Judgment!Roopsingh Devisingh Vs. Sanchalak Panchayat and Samaj Sewa and anr.
Court: Madhya Pradesh
Decided on: Apr-20-1961
Reported in: AIR1962MP50
Krishnan, J.1. The petitioner, who had been temporarily appointed as the Secretary, Kendra Panchayat, Makdone, in District Ujjain, was removed from service by the order of the Director, Panchayat and Samaj Sewa, dated 19-10-1957. He addressed the Government what he describes as 'a revision application' and got on 20-2-1959, that is, about a year and a half after the removal, an unfavourable reply, after it, he took some months to obtain certain certified copies and ultimately filed this petition in October 1959. His allegation is that the authority that dismissed him is not the authority that appointed him and, further that it is subordinate; the requirements of Article 311 of the Constitution have not been fulfilled; and again, that in regard to some of the grounds of removal, he had not been called upon or provided an Opportunity to explain or show cause.The questions for decision are, firstly, as a preliminary point, whether a delay of about sixteen months spent in seeking relief in...
Tag this Judgment!Public Transport Co. Vs. State Transport Authority and ors.
Court: Madhya Pradesh
Decided on: Apr-19-1961
Reported in: AIR1962MP1
Pandey, J. 1. This petition under Articles 226 and 227 of the Constitution is directed against two orders, one passed by the Regional Transport Authority Jabalpur (respondent 2) on 20th August 1957 rejecting the petitioner's application for a stage carriage permit for the Chhindwara-Balaghat Via Seoni route (hereinafter called the route) for want of scope and the other passed in appeal by the State Transport Appellate Authority (respondent 1) on 26th March 1960 affirming the earlier order.2. The petitioner, which is an association of persons providing transport facilities by road, applied as usual for a stage carriage permit for the route. The application was duly published. On 20th August 1957, the respondent 2 passed the following order:'This route is adequately covered by a large number of services and, on the Seoni Gondia portion, the applicant himself has been granted a permit in a previous meeting. As the route is overcrowded and there is no scope, the application is rejected. Or...
Tag this Judgment!Ramanlal Manakchand Maheshwari and ors. Vs. Municipal Committee and or ...
Court: Madhya Pradesh
Decided on: Apr-18-1961
Reported in: AIR1963MP134
Shrivastava, J. 1. This order governs the disposal of Miscellaneous Petition No. 274 of 1960 also.2. This petition under Article 226 of the Constitution is directed against the Municipal Committee, Piparia, the Collector, Hoshangabad, and the Sub-Divisional Officer, Sohagpur. The connected petition is directed against the Municipal Committee, Piparia, only.3. The petitioners in these two petitions are dealers in grain and they also do the business of commission agents in the town of Piparia. 'The Municipal Committee, Piparia, resolved on 15-9-1960 to close the existing market and shift it to another site with effect from 15-10-1960 (An-nexures t and II). The Municipal Committee intimated the petitioners that they can carry on the business of selling and purchasing grain and practise as commission agents only within the limits of the new market and threatened to cancel their licenses to practise as brokers or adhtiyas if they continue to carry on business in the old market. The petition...
Tag this Judgment!Daudayal Onkarlal Vs. Gulabchand Shankerlal and ors.
Court: Madhya Pradesh
Decided on: Apr-17-1961
Reported in: AIR1962MP47
Newaskar, J. 1. Short question which arises for consideration in this petition under Article 226 of the Constitution is whether 'The Life Insurance Corporation' can be called a 'local authority' For the purpose of Section 14 (1) (f) of the Madhya Bharat Municipalities Act No. 1 of 1954. 2. The question arose for consideration under the following circumstances. 3. On 26-4-1959 election to the Khachrod Municipality took place under the provision of the Madhya Bharat Municipalities Act and the Rules made thereunder. Four Candidates had been nominated for the purpose of this election including the petitioner and the opponents. On 1-4-59 the nomination papers in respect of each of the aforesaid four candidates were scrutinized. At that time opponent Gulabchand objected to the nomination of the petitioner on the ground that he was disqualified by reason of his being in the service of the Life Insurance Corporation, which according to him, was a local authority within the meaning of the term ...
Tag this Judgment!Satish Kumar Sahu Manmohanlal Sahu Vs. State of Madhya Pradesh and ors ...
Court: Madhya Pradesh
Decided on: Apr-17-1961
Reported in: AIR1961MP280
Dixit, C.J.1. This is a petition challenging the constitutionality of the Land Acquisition (Madhya Pradesh Amendment) Act, 1959 (Act No. 5 of 1959), hereinafter referred to as the Act. It came into force on 1st April 1959. By Section 3 of the Act the Land Acquisition Act, 1894, in its application to Bhopal area, was amended as follows;(1) After Clause (g) of Section 3 of the Act of 1894 a new clause was added defining 'Bhopal area'. (2) A new section, Section 17A, was inserted in the Land Acquisition Act, 1894, giving to the Government the power to issue a direction to the Collector that it is urgently necessary to acquire immediate possession of any building site situated in Bhopal area, and providing that upon the issue of such a direction the provisions of Section 17 would in all respects apply in the case of such site as they apply in the case ot waste or arable land. (3) A new proviso was added to the first clause of Section 23(1). The proviso runs thus: 'Provided that when the ma...
Tag this Judgment!Suganmal Nandlal Bhandari Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-15-1961
Reported in: AIR1962MP10
Dixit, C.J. 1. The petitioner in this case is the Managing Proprietor of Messrs. Bhandari Iron and Steel Company, Indore, engaged in the business of mechanical engineering, iron and brass foundry, and steel re-rolling. During the years 1939 to 1948 the Government of the former Holkar State recovered from the Company Rs. 1,75,722-5-2 as industrial tax. The tax was levied and recovered under the Indore Industrial Tax Rules, 1927. The Company's appeals against the assessment for those years were allowed by the Appellate Authority under the Rules in 1955. The assessment orders under the demand notices for each year were set aside. No direction was, however, made in any appeal with regard to the refund of the tax amount recovered from the Company.After the setting aside of the orders of assessment the petitioner made a demand on the Government for the refund of the industrial tax amount which had been recovered from the Company. A sum of Rs. 74,961-9-0 was refunded to the applicant. A furth...
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