Madhya Pradesh Court January 1964 Judgments
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Management of the Burhanpur Tapti Mill Ltd. Vs. Industrial Court and a ...
Court: Madhya Pradesh
Decided on: Jan-15-1964
Reported in: AIR1965MP43; [1964(8)FLR436]
Dixit, C. J. 1. In this application under Articles 226 and 227 of the Constitution, the petitioner seeks a writ of certiorari for quashing an award made in two parts by the State Industrial Court overruling the petitioner's objections to the jurisdiction of the Industrial Court to entertain and decide an industrial dispute referred to the Industrial Court of the old Central Provinces and Berar by a notification, dated the 22nd August 1955 under Section 39 of the C.P. and Berar Industrial Disputes Settlement Act, 1947, issued by the Government of the old C.P. and Berar. The petitioner also prays that the Industrial Court be restrained by the issue of a suitable direction from proceeding with the reference in any manner. 2. The matter arises thus : On 22nd August 3055, the C. P. and Berar Government issued under Section 39 of the C.P. and Berar Industrial Disputes Settlement Act, 1947, referring to the arbitration of the State Industrial Court a dispute between eleven textile mills, enum...
Firm Harpaldas Jairamdas Vs. the Sales Tax Officer and ors.
Court: Madhya Pradesh
Decided on: Jan-09-1964
Reported in: AIR1964MP214; 1964MPLJ419; [1964]15STC233(MP)
Dixit, C.J. 1. This order will also govern the disposal of Miscellaneous Petitions Nos. 312 and 323 of 1963. 2. The petitioners in these three applications under Articles 226 and 227 of the Constitution of India challenge the validity of notices issued to them under Section 22 (4) (a) of the Madhy a Pradesh General Sales-Tax Act, 1958 (hereinafter referred to as the Act), calling upon them to deposit in the Government Treasury, Bilaspur, within 30 days of ths receipt of the notices by them, the amounts of sales tax specified in the notices, and seek writ of certiorari for quashing those notices. 3. The material facts are that the petitioners, who are registered dealers under the Act, filed with their returns for certain quarters treasury challans in respect of the payment of tax due from them according to the returns submitted by them as required by Rule 15 of the Madhya Pradesh General Sales Tax Rules, 1959 (hereinafter referred to as the Rules). In due course, assessment orders for t...
Abdul Karim S/O Abdul Hakim and anr. Vs. State of Madhya Pradesh Throu ...
Court: Madhya Pradesh
Decided on: Jan-07-1964
Reported in: AIR1964MP171
Dixit, C.J.1. This is a Letters Patent appeal from a decision of Shiv Dayal, J. in an appeal arising out of reference proceedings under Section 18 of the Land Acquisition Act, 1894, (hereinafter referred to as the Act), initiated at the instance of one Abdul Hakim whose land had been acquired along with certain lands belonging to other persons. After the making of the reference by the Collector of Bilaspur and during its pendency Abdul Hakimdied on 26th July 1960. On 22nd February 1961 his sons, Abdul Karim and Abdul Majid, applied for being brought on record. This application was dismissed by the Additional District Judge, Bilaspur, holding that it was barred by time and the application not having been filed within 90 days of the date of death of Abdul Hakim as required by Article 176 of the Limitation Act, the proceedings abated. Abdul Karim and Abdul Majid then filed . another application on 12th March 1962 for setting aside the abatement oi the proceedings together with an applicat...
Shri Mahadeoji Idol at Bandhaiyapura and anr. Vs. Dasai S/O MatadIn an ...
Court: Madhya Pradesh
Decided on: Jan-02-1964
Reported in: AIR1964MP207
Dixit, C.J. 1. This Letters Patent appeal from a decision of Golvalker, J. arises out of a suit filed by the appellants for the recovery of possession of three fields from the respondent No. 1 Dasai and for mesne profits thereof for the years 1955 to 1958. The suit was dismissed by the Civil Judge, Class II, Jabalpur, who tried it. On the said plaintiffs' appealing, the learned Additional District Judge, Jabalpur, gave to them a decree for possession of two fields, namely, khasra Nos. 254 and 265 situated in Jabalpur tashil and for mesne profits amounting to Rs. 750/-. The plaintiffs' claim with regard to the third field, namely, khasra No. 263, which the defendant Dasai said was not in his possession, was dismissed by the learned Additional District Judge, Jabalpur. In the second appeal preferred by the respondent Dasai in this Court, the learned Single Judge dismissed the plaintiffs' claim in toto. 2. The plaintiffs' case was that Shri Mahadeoji idol of Bandhaiyapura, Gohalpur, was t...
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