Madhya Pradesh Court April 1963 Judgments
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Krishna Chandra Gupta Son of Rajaram Gupta Vs. Registrar, Co-operative ...
Court: Madhya Pradesh
Decided on: Apr-17-1963
Reported in: AIR1963MP298; [1963(7)FLR324]; 1963MPLJ631
Dixit, C. J. 1. By this application under Articles 226 and 227 of the Constitution of India, the petitioner, who was employed in the Dubey Co-operative Commercial Bank Limited, as Assistant Manager-cum-Accountant, prays for the issue of a writ of 'certiorari' for quashing an order of the respondent No. 3, the Board of Directors of the said Bank, dismissing him from service.2. The applicant was appointed to the post of Assistant Manager-cum-Accountant on 16th June 1959 by an order passed by the Chairman of the Board of Directors. He was appointed on a fixed salary of Rs. 200/- p. m. and placed on probation for a period of twelve months. Some months after his appointment, when certain mistakes and irregularities committed by the petitioner were brought to the notice of the Board of Directors, the petitioner was cautioned to be careful in the maintenance of accounts. In March 1960, Bhagwat Prasad, a peon of the Bank, made a complaint to the chairman that the petitioner had abused him and ...
Madhya Pradesh Transport Co. (Pvt.) Ltd. and ors. Vs. State of Madhya ...
Court: Madhya Pradesh
Decided on: Apr-16-1963
Reported in: AIR1963MP339
Dixit, C.J.1. This order will also govern Misc. Petitions Nos. 271, 301 and 320, all of 1962.2. These are four petitions under Article 226 of the Constitution of India by private limited companies engaged in the business of plying stage carriages challenging the vires of Sections 2 and 4 of the Madhya Pradesh Motor Vehicles (Taxation of Passengers) Amendment and Validation Act, 1962 (hereinafter referred to as the Validating Act). The petitioners seek a declaration that the said provisions are constitutionally invalid, ultra vires and unenforceable, and pray that a suitable direction be issued to the opponents forbearing them from giving effect to those provisions in any manner whatsoever.3. The matter arises thus. In 1959 the Madhya Pradesh Motor Vehicles (Taxation of Passengers) Act, 1959, (hereinafter referred to as the principal Act) was enacted. It came into force on 1st February 1961. By Section 3(1) of the Principal Act, it was provided that on the commencement of that Act 'ther...
In Re: Lachman Nanda
Court: Madhya Pradesh
Decided on: Apr-15-1963
Reported in: AIR1966MP261; 1966CriLJ1012
Krishnan, J. 1. The two appeals relate to the same matter as the death reference, one memorandum being sent from jail and the other filed by counsel in Court. The appellant had been put on trial along with two others--his brother-in-law, Kaluji Gujar, and his nephew, Samandar Gujar son of Kaluji--under different sections including 302, 302 read with 34 and 452 I. P. C. the allegation being that the present appellant, condemned man, trespassed into the house in which Amarji was resting, and killed him by hitting him on the head several times with a weapon that has been described as 'pasliwali lohangi' and causing a number of incised wounds including one which fractured the skull and damaged the brain. This is said to have happened at about 2.00 p.m., on 7-11-1902 when Amarji had come to his brother Balaji's house after an earlier incident at the fields between half and one mile away, where Kaluji and his sun are said to have hit him with lathis. They were all jointly committed as the en...
Shrimati Nanhibai Vs. the Excise Commissioner and ors.
Court: Madhya Pradesh
Decided on: Apr-12-1963
Reported in: AIR1963MP352; 1963MPLJ526
Dixit, C. J.1. The petitioner in this case prays for the issue of a writ of mandamus directing the opponents to treat the bid offered by her in the sum of Rs. 85,000/- at the auction sale of Gorakhpur liquor shop (located in Jabalpur) held on 27th February 1963 for the year commencing on 1st April 1963, as final and binding under the Madhya Pradesh Excise Act, 1915 (hereinafter referred to as the Act) and the rules thereunder. She has also sought a direction restraining the opponents from re-auctioning the liquor shop. 2. The facts are, that the said shop is for the retail sale of country spirit. The auction of the privilege of selling country liquor at the shop was conducted by the Collector, Jabalpur, on 27th February 1963. The petitioner, who held the privilege of the sale of country liquor at the shop for the year ending on 31st March 1963 and was given a licence for that purpose, offered a bid in the sum of Rs. 85,000/-. She was declared the highest bidder. The petitioner says tha...
Durg Transport Co. Private Ltd. Vs. Regional Transport Authority and o ...
Court: Madhya Pradesh
Decided on: Apr-11-1963
Reported in: AIR1965MP142; 1965MPLJ417
Dixit, C.J.1. The circumstances in which thisapplication under Articles 226 and 227 of the Constitution of India has been filed are that the petitioner-company held stage carriage permits forthree routes, namely, (1) Administration Office ofBhilai Steel Constructions to Sambalpur, via Durg.Balod; (2) Balod-Dhamtari via Gurur and Karhibadar; and (3) Durg-Raipur. When these permitswere about to expire in 1962, the petitioner filedapplications for their renewal before the RegionalTransport Authority, Raipur. The respondent No. 3.Janata Motor Transport Co-operative Society Ltd.,Durg (hereinafter referred to as the Society) alsoapplied for the grant of fresh permits to it inrespect of the routes (1) and (2) mentioned abovein lieu of the permits held by the petitioner company. The applicant-company preferred objections to the grant of permits to the respondent-society, Both the renewal applications of the petitioner and the applications of the respondent No. 3 were taken up for consideration...
Ramrao Govindrao Akolkar Vs. Pahumal Peshuram Sindhi
Court: Madhya Pradesh
Decided on: Apr-08-1963
Reported in: AIR1963MP296
Shivdayal, J.1. The main question in this Letters patent Appeal is whether a tenant who accepts from his landlord a pure usufructuary mortgage of the same house, in which he is the tenant, is entitled to continue in its possession even after the mortgage is redeemed. The learned single Judge has answered this question in the affirmative.2. Rama Rao appellant mortgaged the suit house on September 8, 1951 in favour of Pahumal. This was a pure usufructurary mortgage. Pahumal was already in possession of the suit house as Rama Rao's tenant. The present sun was resisted by Rama Rao for redemption. (It is not necessary to state the facts relating to proceedings under Section 83 of the Transfer of Property Act, prior to the suit). In the present suit a decree for redemption has been passed in favour of Rama Rao, but at the same time it has been directed that the defendant Pahumal would continue in possession as tenant, in as much as his tenancy has revived simultaneously with the redemption.3...
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