Madhya Pradesh Court September 1963 Judgments
Habib Bhai Vs. Pyarelal and ors.
Court: Madhya Pradesh
Decided on: Sep-26-1963
Reported in: AIR1964MP62; 1963MPLJ891
Bhargava, J.1. This appeal under Section 116A of the Representation of the People Act, 1951, (hereinafter described as the ' Act') arises out of an election petition filed by the appellant-petitioner Habib Bhai challenging the validity of the election of the first respondent Pyarelal on several grounds. The appellant is an elector in the Barpali Constituency and the election which had led to the-present petition was held in the month of February 1962 for the Madhya Pradesh Legislative Assembly from the said Constituency. As a result of the election, the first respondent was declared: duly elected. He secured 5,671 votes. On recounting of votes made under the direction of the Tribunal, he was found to have secured 5,662 votes. The third respondent Banwarilal was his nearest rival. He was declared to have got 4,716 votes. On recounting, this number increased by five votes. The result remained unchanged.2. The appellant's case is that the election of the first respondent Pyarelai was inva...
Tag this Judgment!idol Shri Madhavnarayanji Temple Madanmohanlalji Vs. Narayandas Shriki ...
Court: Madhya Pradesh
Decided on: Sep-25-1963
Reported in: AIR1966MP79
V.R. Newaskar, J.1. The only question involved in this second appeal is, whether an appeal, in which one of the respondents dies and some of his legal representatives are already on record whereas the rest of them have not been brought on record within the time-limit allowed by law, the appeal abates as against the latter legal-representatives and consequently abates as a whole. The learned Second Additional District Judge, Ujjain, answered this question in the affirmative and dismissed the appeal in its entirety. The propriety of the view taken by the learned Judge is assailed before this Court.2. It is contended by Mr. Bhalerao for the appellant that since all the sons of the deceased respondent were already on record and the appeal was sought to be proceeded with by seeking to strike out the name of the deceased respondent without impleading the widow and the daughters of that respondent the estate was substantially represented and consequently there could not have been an abatement...
Tag this Judgment!State of Madhya Pradesh Vs. Baital Nahar Singh
Court: Madhya Pradesh
Decided on: Sep-24-1963
Reported in: AIR1966MP5; 1966CriLJ33
Sharma, J.1. This appeal has been preferred by the State Govt. against the judgment dated the 12th of February, 1962 passed by the Magistrate First Class Morena, whereby he acquitted the present respondent Baital of an offence under Section 7 of the Essential Commodities Act, 1955 read with Clause 3(c) of the M. P. Food Grains (Restriction on Border Movement) Order 1958 2. The case for the prosecution was that the present respondent was on the 20th April, 1960 at about 5 P. M. found carrying 3 bags of wheat in a bullock-cart from the border of Madhya Pradesh to a place called Gholpura in Rajasthan.3. The trial Court held that the evidence on record established the guilt of the accused for contravention of Clause 3(c) of the aforesaid Order, which was made punishable under Section 7 of the Essential Commodities Act, 1955. It, however, acquitted the accused on the sole ground that the police had, instead of submitting 'a report in writing of the facts constituting such offence' as requir...
Tag this Judgment!Joara Sugar Mills Private Ltd. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-24-1963
Reported in: AIR1964MP118
Dixit, C. J.1. In this application under Article 226 of the constitution of India by a private limited company engaged in the business of manufacture, production and sale of sugar, the petitioner claims a declaration that the Sugarcane Cess (Validation) Act, 1961 (XXXVIII of 1961). (here-matter referred to as to the Act) passed by Parliament 4s beyond the constitutional powers of Parliament and is, therefore, invalid, and prays for the issue to a writ or certiorari for quashing a notice dated 17th March 1962 given to it by the collector of Ratlam calling noon it to pay a total amount of Rs. 6,33,917.52 ape. as due from it on account of cane cess and cane commission tinder the Act and the Madhya Pradesh Sugarcate (Regulation to Supply and purcnase) Act, 1958, (hereinafter referred to as the local Act).2. in order to appreciate the merits to the controversy arising in this case it is necessary to reier first to the local Act by which a cuss on sugarcane entering into an area specified in...
Tag this Judgment!Hargovind Sharma Vs. Divisional Engineer Railway Administration South ...
Court: Madhya Pradesh
Decided on: Sep-19-1963
Reported in: AIR1966MP7
ORDERS.P. Bhargava, J.1. The applicant has filed this revision petition under Section 115 of. the Code of Civil Procedure praying that the order, dated 20-3-1963, of ejectment of the appellant-applicant from the suit premises which was initially passed by the Estate Officer. South Eastern Railway, Bilaspur. and which was, on appeal, confirmed by the District Judge. Raigarh, be set aside, and the Estate Officer be directed to proceed with the case according to law 2. Briefly stated, the facts are that the applicant Hargovind Sharma who carries on his business under the name and style of 'Ramavtar Hargovind Sharma' was given a tea stall contract at Kharasia railway station, from 1-1-1961 for a term of three years. On account of extension of the railway platform, the land on which the tea stall originally was to be located could not be given to the applicant and he was given some other land behind the railway station He was put in occupation of that land under the orders of the Assistant ...
Tag this Judgment!Kanhaiyalal Vs. Ramkishan and ors.
Court: Madhya Pradesh
Decided on: Sep-18-1963
Reported in: AIR1966MP340
V.R. Newaskar, J. 1. This appeal is directed against the order of remand passed by the IVth Additional District Judge, Ujjain under Order 41, Rule 23, C. P. C., and the only question raised in this appeal is that the appeal in the Court below should not have been entertained as the same was barred by limitation. 2. Facts material for consideration of the question thus raised are as follows : 3. Appellant Kanhaiyalal filed Civil Suit No. 44 of 1937 and obtained a decree declaring his right to certain properties and also granting injunction against Madanlal and his son Ramchandra which was ultimately confirmed by the Indore High Court in Civil Second Appeal No. 116 of 1939. This decree was put into execution. In the course of the execution of that decree the judgment-debtors Madanlal and his son Ramchandra raised the contention that the decree did not include the land which is the subject-matter of the present suit. This contention was ultimately rejected in Civil Second Appeal No. 291 o...
Tag this Judgment!Bhikibai Vs. Mangtibai and anr.
Court: Madhya Pradesh
Decided on: Sep-12-1963
Reported in: AIR1967MP3
ORDERV.R. Newaskar, J. 1. This order will dispose of Civil Misc. Appeal No. 58 of 1968 and Civil Revl-lion No. 526 of 1962. Material facts are as follows. 2. A decree for possession of land was passed jointly in favour of two widows Bhiklbai and Mangatibai in Civil Suit No. 182 of 1969 at the stage of first appeal on 12-2-1962 against the defendant Gaila. Bhiklbai alone thereupon filed an execution application for enforcement of the decree against Galla. The decree, it is said, was satisfied by delivery of possession of the property on 18-3-1962 to Bhikibai alone. Five days before this on 13-3-1962 Mangatibai had applied stating that she had obtained possession from Gaila out of Court and that satisfaction might be entered on the decree. The learned Civil Judge thereupon discovered that the decree had not been executed as per its terms and as ordered by him. He thereupon directed fresh warrant to be issued for delivery of possession to both the widows 3. Bhikibai preferred appeal again...
Tag this Judgment!Mathuradas Regular Motor Services and ors. Vs. State Transport Authori ...
Court: Madhya Pradesh
Decided on: Sep-11-1963
Reported in: AIR1963MP361; 1963MPLJ787
Dixit, C.J.1. This order will also govern the disposal of M. P. No. 193 of 1963.2. The circumstances in which these two applications under Articles 226 and 227 of the Constitution have been filed are that in response to a notification issued by the Regional Transport Authority, Bhopal, inviting applications for the grant of stage carriage permits on Paratwada-Chicholi via Bhainsdehi and Betul route, the two petitioners and the third respondent in each petition, namely, Balwant Regular Motor Service of Amaraoti, made applications for grant of permits' to the Regional Transport Authority, Bhopal. The route in question is an inter-State route. The major portion of the route lies in this State and the other in the State of Maharashtra. Under an agreement concluded between the State of Maharashtra and the State of Madhya Pradesh permits for the route are granted by the Regional Transport Authority concerned of the State of Madhya Pradesh. The petitioners' applications were rejected by the R...
Tag this Judgment!L.J. Patel and Co. Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Sep-11-1963
Reported in: 1963MPLJ33; [1964]15STC18(MP)
ORDERP.V. Dixit, C.J.1. In this reference Under Section 44 of the Madhya Pradesh General Sales Tax Act, 1958, at the instance of the assessee' the questions which have been propounded for our decision are-(1) Whether in the facts and circumstances of the case, there was valid notice on the applicant under the C.P. and Berar Sales Tax Act, 1947, for the assessment for period 19th January, 1950, to 26th November, 1954 ?(2) Whether the assessment for the period 19th January, 1950, to 26th November, 1954, was barred by limitation, in whole or in part, Under Section 11(5) of the C.P. and Berar Sales Tax Act, 1947 ?2. The material facts are that the assessee, Messrs L. J. Patel & Co., having failed to apply for registration as a dealer Under Section 8 of the Central Provinces and Berar Sales Tax Act, 1947 (hereinafter referred to as the Act), a notice in Form XII was given to the assessee Under Section 11(5) of the Act in respect of the period from 19th January, 1950, to 26th October, 1953. ...
Tag this Judgment!Narottamdas Harjiwandas Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-05-1963
Reported in: AIR1964MP45; [1963(7)FLR426]; 1964MPLJ43
Dixit, C. J. 1. This order will also govern Miscellaneous Petitions Nos. 281, 300 and 305, all of 1962.2. The petitioners in these four cases under Article 226 of the Constitution challenge the vires-of the Madhya Pradesh Minimum Wages Fixation Act, 1962, (hereinafter referred to as the Act), and seek a declaration that the Act is invalid, ultra vires and unenforceable and pray that the opponents be restrained by a suitable direction from putting the Act into operation.3. Two of the petitioners are manufacturers of Bidis. The other petitioners carry on the business of running transport services. By notifications Nos. 306 to 309 XVI-58, dated the 30th December 1958, issued under the Minimum Wages Act, 1948, (hereinafter referred to as the Central Act), the Government fixed rates of minimum wages for certain employments including Bidi-mak-ing manufactory and public motor transport. The rates of minimum wages set out in the notifications were brought into force from 1st January, 1959.Thes...
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