Madhya Pradesh Court March 1963 Judgments
Rajendra Kumar Vs. Vice Chancellor, Vikram University and ors.
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!State of Madhya Pradesh Vs. Sarman Baldeo
Court: Madhya Pradesh
Decided on: Mar-29-1963
Reported in: 1965CriLJ511; 1964MPLJ367
ORDERT.P. Naik, J.1. This order shall govern the disposal or Criminal Revision No. 520 of 1962 also, as the point involved in both the revisions is the same.2. The accused-non-applicants Sarman and Nanne were convicted by the Additional District Magistrate, Chhatarpur, respectively under Sections 34(a) and (34)(f) of the Madhya Pradesh Excise Act, and sentenced to simple Imprisonment till the rising of the Court, together with a fine of Rs. 10/- each. On revision, the Sessions Judge, Chhatarpur, has reported the case to this Court under Section 438 of the Code of Criminal Procedure recommending that In view of the Madhya Pradesh Excise (Amendment) Act No. 4 of 1961, the minimum sentence, which should have been passed against the accused-non-applicants, was one month's imprisonment and a line of Rs. 100/- each, because there were no special and adequate reasons to the contrary mentioned in the Judgment of the Court.3. On 13.8.1962, at village Katarwara, Tahsil and district Chhatarpur, t...
Tag this Judgment!Mariambai and anr. Vs. Hanifabai and anr.
Court: Madhya Pradesh
Decided on: Mar-26-1963
Reported in: AIR1967MP107
Pandey, J.1. This case comes before me on a difference between Newaskar. J. and Tare, J. on the question whether, in the circumstances of this case, there is sufficient cause within the meaning of Section 5 of the Limitation Act for extension of the time prescribed for filing this appeal.2. The value of the suit, out of which this appeal arises, is admittedly over Rs. 5,000. It was decided by the Civil Judge, Class I, Khargone, on 24 February 1958 and a decree in pursuance thereof was passed on 26th February 1968. The defendants, who had obtained certified copies of the judgment and decree on 27th February 1958, filed this appeal in the Court of the District Judge, Mandleshwar on 24th March 1958. Thereafter, on 80th June 1958, the defendants applied to that Court for return of the memorandum of appeal for presentation to the proper Court and, having thus obtained it on 8th July 1958, they presented it in this Court on 9 July 1958.3. All that is said about the existence of sufficient ca...
Tag this Judgment!In Re: Kanhaiyalal Daulatramji
Court: Madhya Pradesh
Decided on: Mar-19-1963
Reported in: AIR1965MP53; 1965CriLJ298
ORDERS.B. Sen, J.1. This is a peculiar case. One Nilkanth, a Dy. Collector was driving his car through market in Jhabua when a dog Was run over and killed. One Kanhyalal stopped his ear and made an attempt to pull him out and intimidated. A report of this was made to the Police on the same day.2. After investigation the police forwarded a report to the Addl. District Magistrate Jhabua recommending that the case be dropped. Nilkanth was sent for by the Addl. District Magistrate. He raised certain objections to the investigation by the police and submitted that the inquiry was not proper and a fresh inquiry should be made. The Addl. District Magistrate considered that further inquiry was necessary and transferred the case to the Magistrate Ist Class Thandla to inquire into the matter further.3. The case thereupon went on transfer along with the policy record to the Magistrate First Class Thandla who made preliminary investigation under Section 202 Cri. Pro. Code and found that there was ...
Tag this Judgment!Bishambar Nath Agarwal S/O Devki Nandan Agarwal Vs. Ganesh NaraIn Kale ...
Court: Madhya Pradesh
Decided on: Mar-19-1963
Reported in: AIR1963MP255; 1963CriLJ165; 1963MPLJ671
Sharma, J.1. This petition under Articles 226 and 227 of the Constitution of India is directed against the order dated the 3rd of February, 1961 passed by the Legal Authority under the Payment of Wages Act, Gwalior in Case No. 15 of 1959.2. The petitioner is an Advocate in the Madhya Pradesh High Court and has office at Naya Bajar Lashkar. The opponent No. 1 Ganesh Narain Kalekar was engaged as a clerk by the petitioner on a fixed salary of Rs. 100/- per month to work in his office. On the 5th of November, 1959 the opponent No. 1 submitted an application--to the Legal Authority under the Payment of Wages Actswherein he claimed arrears of his salary till 14-10-1959. The said application was moved under Section 30 of the Madhya Pradesh Shops and Establishment Act, 1958 read with Section 15 of the Payment of Wages Act.3. A preliminary objection was raised by the present petitioner to the maintainability of the application on the ground that the Shops and Establishment Act can nave no appl...
Tag this Judgment!State of Madhya Pradesh Vs. Narayan Prasad Jaiswal
Court: Madhya Pradesh
Decided on: Mar-16-1963
Reported in: AIR1963MP276; 1963CriLJ375; 1963MPLJ420
P.V. Dixit, C.J.1. This reference arises out of a revision petition against an order dated 21st September 1962 of the Additional District Magistrate of Seoni upholding an order of the first class Magistrate, Seoni, granting anticipatory bail to Narayan Prasad Jaiswal in a case registered against him in respect of offences under Sections 324, 452, 294, and 506 (second part) I.P.C. on a report made in Seoni - Poilce Station by one Komal Singh on 19th July 1962.2. The report of Komal Singh was to the effect that a few days prior to 19th July 1962 he had accompanied the Excise Sub-Inspector when he seized some liquor from a jeep-car of Narayan Prasad; and that on account of this Narayan Prasad bore a grudge against him and on 19th July 1962 caught hold of him in the Mahakoshal Garailthily abused him, attacked him with a dagger and alsothreatened to kill him. On 21st July 1962, Narayan Prasad presented an application before the Second Class Magistrate styling it as one 'in the matter of gra...
Tag this Judgment!Virji Lalji Patel and Co. Vs. State of Madhya Pradesh Through Secretar ...
Court: Madhya Pradesh
Decided on: Mar-15-1963
Reported in: AIR1965MP211; 1965MPLJ541
Newaskar, J. 1. By this petition under Articles 226 and 227 of the Constitution the petitioner seeks to assail the vires of the Regulation No. 4660 published in the Madhya Pradesh Raj Patra Part IV-Ga dated 23-6-1961. The impugned rules are made by the State Government in pursuance of its powers under Section 41 of the Indian Forest Act.2. The material circumstances Riving rise In the present petition are as follows:--The petitioner is the proprietor of a sawmill situated on the Nagpur road in Jabalpurwhere he carries on business of sawing timberin rafters etc. The petitioner is a forest contractor and has taken Government forest on leasein 5 Forest Divisions-South and North-Mandla-Divisions, Chhindwara Division, Sagar Division, and Seoul Division. Accordingto him he extracts timber from the aforesaidForest Divisions which pertain to his contractin the shape of logs bearing hammer-markassigned to them by the Forest Officers. Thetimber is moved out of the Forest and is checked by the Fo...
Tag this Judgment!Employees' State Insurance Corporation Vs. Madhya Pradesh Government a ...
Court: Madhya Pradesh
Decided on: Mar-12-1963
Reported in: AIR1964MP75; [1963(7)FLR171]; (1963)IILLJ230MP; 1963MPLJ444
Dixit, C.J.1. In this appeal under Clause 10 of the Letters Patent from a decision of Sharma J., the question for determination is as to the vires of Rule 17 of the Madhya Pradesh Employees' Insurance Courts Rules, 1953, prescribing the period of limitation for an application to the Employees' Insurance Court constituted under Section 74 of the Employees State Insurance Act, 1948, (hereinafter referred to as the Act).2. The appellant, Employees' State Insurance Corporation, made an application under Section 75 of the Act for recovery of Rs. 11,712/-, with interest thereon, from the respondents on account of the contribution payable by them under Section 40 of the Act in respect of the employees of the Government Ayurvedic Pharmacy. The application was rejected by the Insurance Court on the ground that it had been filed more than twelve months after the accrual of the cause of action and was therefore, barred by time under Rule 17. TheCorporation then preferred an appeal in this Court. ...
Tag this Judgment!Public Works Department Through Chief Engineer, P.W.D. Vs. Smt. Kausa
Court: Madhya Pradesh
Decided on: Mar-02-1963
Reported in: AIR1966MP297; [1967(14)FLR150]; (1967)ILLJ340MP
P.R. Sharma, J.1. This appeal has been preferred by the State Government against the order dated the 13th of March, 1962 passed by the Commissioner for Workmen's Compensation Gwalior in Case No. 7 of 1959.2. The opponent Mt. Kausa had presented an application on 2-6-1959 under Section 22 of the Workmen's Compensation Act (hereinafter referred to as the Act) against present appellant alleging that her husband Gokul who was working as a gang-jamadar in connection with the repair work on the Sakhya Vilash Road was murdered by certain persons of whom some were gangmen.3. The learned Commissioner has held that the deceased was killed while he was performing his duty as a gangman by certain miscreants. He has, however, not held that any of the miscreants were members of the gang which was working on the said road. P.W 1, Mr. Khetwani, P.W.D. Overseer, stated that the work of repairs was being done on the 8th furlong of the 6th mile from Gwalior on the Gwalior-Jhansi Road; whereas Gokul was f...
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