Madhya Pradesh Court November 1962 Judgments
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Ramratan Balchand Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Nov-12-1962
Reported in: AIR1964MP114; 1963MPLJ20
Pandey, J.1. This petition under Article 226 of the Constitutionis directed against the dismissal of the petitioner fromservice as a result of a departmental enquiry which washeld against him.2. Before 1st November 1956, the petitioner was a Sub-Inspector of Police serving at Sironj in the state or Rajas than. As a consequence of Reorganisation of states, the Sironi region became a part of the new State of Mannya Pradesh and the services of the petitioner were allotrea to that State. In the year 1960, a departmental enquiry was held against the petitioner on the following charge.'That the petitioner had accepted Rs. 20/- each as illegal gratification from Ganpat son of Doongaji, Rupe, son. of Bhairao and Nathu son of Kesar, all residents of village Mowdia, Police Station Agar, on 10-5-1960 under the Pretext that all these three persons have stolen Batassas the departmental enquiry was conducted by Shri Balmukund paliwal, Deputy Superintendent of ponce, who submittea his report dated 11...
Kaliyanchand Devilal Vs. Kanchanbai Butilal and ors.
Court: Madhya Pradesh
Decided on: Nov-09-1962
Reported in: AIR1963MP220; 1963MPLJ745
Krishnan, J.1. This is a petition Under Article 227 of the Constitution by one of the parties to a dispute regarding the apportionment of compensation granted by the Collector in a land acquisition case. The ground is that the Court to which an application for reference by the opposite party was forwarded by the Collector should have held that the application to the Collector being timebarred under Section 18(2) of the Land Acquisition Act, he was not competent to entertain the reference. Actually, it rejected the petitioner's prayer to this effect, holding that once the reference had been made by the Collector it was not competent to consider its propriety or validity, but should straightway proceed to determine, after noticing the parties, the objection raised in the application.2. Without going into the merits of the contentions of the parties for and against 'limitation' of the opposite party's application under Section 18 of the Land Acquisition Act before the Collector, we have h...
Chhotibai Vs. Ganeshlal and ors.
Court: Madhya Pradesh
Decided on: Nov-07-1962
Reported in: AIR1964MP302
Tare, J. 1. This appeal is by the plaintiff against the decree, dated 10-5-1958 by Shri N.R. Ithape, Additional District Judge, Indore in Civil Suit No. 20 of 1953, dismissing the appellant's claim for possession of property left by her deceased father, Harilal, who died on 6-2-1951. 2. The appellant claimed possession of the property in her capacity as the natural heir of the deceased Harilal, she being his daughter. On the other hand, the first respondent, Ganeshlal claimed? to be the adopted son of Harilal. The second and the third respondents, namely, Mst. Mirabai and Ramrao were added as defendants, as they were found to be in possession of some items of the property. The second and the third respondents did not raise any defence and, therefore, the contest was mainly centred round the question of adoption of the first respondent. 3. The trial Judge framed only two issues, one whether the first- defendant had proved his adoption; and secondly -- whether the plaintiff bn account of...
Anand NaraIn Son of Ram Krishna Shukla Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Nov-07-1962
Reported in: AIR1964MP318; 1963MPLJ21
K.L. Pandey, J. 1. By an order dated 1 May 1961, the State Government directed that the petitioner, who was employed as Superintendent, Colonisation Department, Gwalior, and who was found guilty of misconduct and breach of Government Servants' Conduct Rules, be reduced in rank and posted as an. Upper Division Clerk in the same department. Insupersession of this order, the 'State Government passed another order dated 30th May 1961 whereby he was permanently reduced to the rank of an Upper Division Clerk with a maximum salary of Rs. 150/- and the period, of his suspension, was not treated as on duty except for purposes of pension. By this petition under Article. 226, of the Constitution, he has challenged these two orders. (2) On 12th March 1959, the petitioner was suspended with immediate effect and thereafter a departmental enquiry was ordered against him on the following charges: (i) He got an application dated 26th May 1952 made by his minor son for the allotment of the land of one S...
Sakinabai W/O. Hatimbhai Vs. Sakinabai W/O. Ibrahimbhai Bohra and anr.
Court: Madhya Pradesh
Decided on: Nov-07-1962
Reported in: AIR1963MP286
Newaskar, J. 1. These two appeals Nos. 4 and 3 of 1958 arise out of two several suits filed by plaintiff Sakinabai W/o Hatimbhai against Sakinabai and her husband Ibrahim for the enforcement of two different mortgages first dated 7-4-1952 and, the second dated 23-12-1952. Amount sought to be recovered under the first mortgage was Rs. 6408-1-0 and that under the second was Rs. 8680/-. Plaintiff sought to recover these amounts by the sale of mortgaged property.2. Plaintiff alleged that the mortgage-deeds in question had been executed by the husband of the defendant Sakinabai in his capacity as her Am Mukhtyar. He also had got them registered. Controversy is as to the validity of registration at his instance. 'Under the first deed dated 7-4-1952 Rs. 5500/- were borrowed at Annas 12 per cent per month as interest and under the second Rs. 7000/- were borrowed at Rupee one per cent per month. Both the deeds, according to the plaintiff, had been attested by two attesting witnesses.3. Principa...
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