Madhya Pradesh Court March 1964 Judgments
Ramsingh and ors. Vs. Ramkaran and ors.
Court: Madhya Pradesh
Decided on: Mar-30-1964
Reported in: AIR1965MP264
S.P. Bhargava, J. 1. By its order, dated 7-9-1962, the Board of Revenue reversed the order of the Courts below and rejected the prayer of the petitioners for execution of their decree by delivery of possession of the land in suit. It held that the decree in favour of the petitioners for delivery of possession of the suit land had become inexecutable on the Madhya Bharat Zamindari Abolition Act, Samvat 2008 (No. 13 of 1951) (hereinafter called the Abolition Act) coming into force on 2-10-1951. This petition under Articles 226 and 227 of the Constitution challenges the validity of the said order and seeks to have it set aside. 2. The relevant facts, briefly stated, are as follows: Nirbhaisingh, who was the predecessor-in-interest of the applicants, and the 7th respondent Mehtabsingh, had instituted a Revenue Case No. 100 of samvat 2001 in the year 1944 under Sections 326 and 329 of the Qanoon Mal of the erstwhile Gwalior State against Ghasiram, Dharsingh, Prabhulal and deceased Uttamsing...
Tag this Judgment!Surajmal Mehta Vs. Authority Under Payment of Wages Act and anr.
Court: Madhya Pradesh
Decided on: Mar-25-1964
Reported in: AIR1964MP312; [1965(11)FLR215]; (1965)ILLJ274MP; 1964MPLJ470
Dixit, C.J.1. This is an application under Articles 226 and 227 of the Constitution for the issue of a writ of certiorari for quashing an order dated 21st May 1963 of the Authority for Ujjain under the Payment of Wages Act, 1936, (hereinafter referred to as the Authority) overruling the petitioner's objection as to its jurisdiction, and for the issue of a writ of prohibition restraining the said Authority from entertaining and investigating an application filed under Section 15 of the Act for a direction to the petitioner to pay to certain workers compensation under Section 25-FF of the Industrial Disputes Act, 1947.2. The matter arises thus. The Badnagar Electric Supply and Industrial Co., Ltd., Badnagar, having secured a licence from the Government of the quondam Gwalior State, was doing business in the distribution of electric energy in that place. The Company's licence was revoked by the Madhya Pradesh Government and the undertaking was taken over by the M. P. Electricity Board on ...
Tag this Judgment!Fajale HussaIn Vs. Authority Under Payment of Wages Act
Court: Madhya Pradesh
Decided on: Mar-25-1964
Reported in: (1966)ILLJ361MP
ORDERP.V. Dixit, C.J.1. This is an application under Article 226 of the Constitution for the issue of writs of certiorari for quashing the orders made by the authority for Ujjain constituted under the Payment of Wages Act, 1936, on 11 April 1960, directing the petitioners to pay certain workers of K.S. Nazarali Mills, Ujjain, compensation under Section 25FPF of the Industrial Disputes Act. The orders of the Payment of Wages Authority, which were made on the applications filed by the Payment of Wages Inspector under Section 5 of the Payment of Wages Act, 1936, were upheld in appeal toy the Fourth Additional District Judge of Ujjain. The petitioners pray that the decisions of the Additional District Judge, Ujjain, affirming the orders of the Payment of Wages Authority toe also quashed by the issue of writs of certiorari.2. The petitioners contested the claims made by the Payment of Wages Inspector inter alia on the ground that the authority had no jurisdiction to determine whether the pe...
Tag this Judgment!inder Narayan Vs. Rupnarayan Pandit and anr.
Court: Madhya Pradesh
Decided on: Mar-24-1964
Reported in: AIR1965MP107
1. This is an appeal by the plaintiff in a partition suit, from the judgment of dismissal on the ground that some 15 year before the suit there was already a severance of the status of jointness between the plaintiff on the one side and the rest of the joint family, i.e., his father and brother (defendant No. 1), on the other. Accordingly, the trial Court held that defendant No. 1 continued in a state of jointness and excluded the plaintiff, who on the date of his father's death was separate. Besides defendant-respondent No. 1, the only other successor to the estate of their father, the plaintiff has also impleaded the defendant-respondent No. 2, wife of defendant No. 1, because ha claims that the sum of Rs. 50,000 gifted by his rather to her some months before his death was really no gift but a holding in benami, which must accordingly be treated as part of the property to be partitioned.2. The suit as well as the appeal have been fought elaborately, with the unrelenting keenness of a...
Tag this Judgment!Abdul Mohi Siddiqui Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-19-1964
Reported in: AIR1964MP255
Dixit, C.J.1. This order will also govern the disposal of M. P. Nos. 18 and 32, both of 1964.2. The identical question raised in these three petitions is as regards the validity of the rules made by the Government under Section 68 of the Motor Vehicles Act, 1939, (hereinafter called the Act) for the constitution of State Transport Appellate Authorities for the various regions of the State of Madhya Pradesh and, in particular of the rule authorising the Chairman of the State Trainsport Appellate Authority to constitute Benches 'consisting of a single membar or two or more members' for performing or discharging the powers and functions of the Appellate Authority.3. The petitioner in each case obtained from the Regional Transport Authority, Bhopal, permits for the running of stage carriages on certain routes. The unsucesssful applicants, being dissatisfied with the grants made by the Regional Transport Authority, have preferred appeals before the State Transport Appellate Authority. The p...
Tag this Judgment!Smt. Chameli Devi Vs. Mataprasad Prabhudayal and ors.
Court: Madhya Pradesh
Decided on: Mar-09-1964
Reported in: AIR1964MP234
P.R. Sharma, J.1. These appeals arise out of a suit for partition of joint Hindu family property filed originally by Prabhudayal and others against Girwarlal, Payarelal and others, Prabudayal having died is represented by respondents Nos. 1 to 12. The defendant Pyarelal died on 3-6-1948 during the pendency of the suit and was substituted by his widow Mst. Draupadibai. Later on Draupadi-bai also died and she was substituted by Mst. Chamelibai d/o Girwarlal. Girwarlal also died on 11-6-1952 during the pendency of an appeal before the High Court. Draupadibai and Kaushilyadevi were by the order dated 10-2-1953 of the High Court impleaded as legal representatives of Girwarlal. Girwarlal's widow Mst. Lado having died (sic) 1953 Mst. Chamelibai, the appellant in Civil First Appeal No. 25 of 1960 before us, applied to the High Court for her name to be brought on record in place of Mst. Ladobai. This prayer was allowed by the High Court by its order dated 9-2-1953.2. By their application dated ...
Tag this Judgment!C.P. Timber Works Vs. Commissioner of Sales Tax and ors.
Court: Madhya Pradesh
Decided on: Mar-06-1964
Reported in: [1964]15STC602(MP)
ORDERP.V. Dixit, C.J.1. This is an application under Articles 226 and 227 of the Constitution for the issue of a writ of certiorari for quashing an order passed by the Sales Tax Officer, Jabalpur, on 1lth March, 1955, assessing the petitioner-firm to sales tax in the sum of Rs. 8,868-12-0 for the period from 1st January, 1952, to 31st December, 1952, the decision dated 22nd February, 1959, of the Appellate Assistant Commissioner of Sales Tax upholding in appeal the order of the Sales Tax Officer, and the decision dated 30th November, 1962, of the Commissioner of Sales Tax, affirming the order of the Appellate Assistant Commissioner.2. The petitioner-firm, which has its head office at Kanpur and a branch in the State of Madhya Pradesh at Mandla, carried on the business of supply of timber. During the course of its business, it entered into a contract with the Director-General of Stores, Supplies and Disposals, Government of India, New Delhi (hereinafter called the Director) for the supp...
Tag this Judgment!Devisahai Premraj Mahajan Vs. Govindrao Balwantrao and ors.
Court: Madhya Pradesh
Decided on: Mar-05-1964
Reported in: AIR1965MP275
P.K. Tare, J. 1. This appeal is by the defendant against the decree, dated 10-1-1959, passed by Shri S.L. Sharma, Second Additional District Judge, indore, in Civil Suit No. 14 of 1961, decreeing the first respondent's suit for redemption of it mortgage, dated 26-11-1929 which he had executed in favour of the appellant, Devisahai. 2. The first respondent, Sardar Govindrao is owner of the suit house. He executed a possessory mortgage in favour of the appellant on 26-11-1929 for a consideration of Rs. 10,000/-. Subsequent to the mortgage, certain other developments have taken place on the strength of which the appellant contests the mortgagor's right to redeem. According to the appellant, the mortgagor had agreed to sell the mortgaged properly to him for a consideration of Rs. 50,000/-; and in pursuance of the same, a sale deed was actually executed and duly signed on 10-10-1950. But before presentation of the sale deed for registration, the mortgagor changed his mind; and by using the o...
Tag this Judgment!Abdul Hafeez Khan, Abdul Gafoor Khan Vs. Government of Madhya Pradesh ...
Court: Madhya Pradesh
Decided on: Mar-04-1964
Reported in: AIR1965MP48
Dixit, C.J. 1. In this application under Article 226 of the Constitution the petitioner prays for the issue of a writ of certiorari for quashing a resolution dated 4th April 1963 of the Standing Committee of the Municipal Council, Bhopal, and the order dated 24th April 1963 made by the Municipal Council pursuant to that resolution reverting the petitioner from the Post of Octroi Superintendent to the post of Octroi Inspector.2. The applicant was first appointed to officiate as 'Octroi Superintendent by an order made toy the President of the Municipal Board on 15th February 1960. On 28th February 1961 the President passed an order confirming the applicant's appointment as Superintendent, Octroi. Thereafter, the petitioner continued to hold the post of Octroi Superintendent on a permanent basis in the pay-scale of Rs. 175-25-300 besides allowances. It appears that the respondent No. 4 Anwarul Haque, a bead-clerk in the Municipal Council, filed a representation to the Government against t...
Tag this Judgment!Mazhar HussaIn Vs. Madhya Pradesh State Road Transport Corporation (by ...
Court: Madhya Pradesh
Decided on: Mar-03-1964
Reported in: (1968)IILLJ287MP
ORDERK.L. Pandey, J.1. This is a petition under Article 226 of the Constitution to call up and quash by certiorari the departmental enquiry proceedings drawn up against the petitioner, including the final order therein passed on 4 February 1963 whereby he was dismissed from the service of the Madhya Pradesh State Road Transport Corporation.2. The facts of the case are these. The petitioner was employed as an assistant traffic inspector under the Central Provinces Transport Services, which was a State-owned transport undertaking, till 1 June 1962 when the Madhya Pradesh State Road Transport Corporation constituted under Section 3 of the Road Transport Corporation Act, 1950 (64 of 1950), took it over. The petitioner agreed to his services being transferred to the corporation on the following conditions:(i) His existing pay and scale and the conditions of his service will not be affected by the transfer.(ii) The transfer of his service will not be treated as an interruption of his service...
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