Madhya Pradesh Court March 1964 Judgments
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State of Madhya Pradesh Vs. Pt. Lalita Shankar
Court: Madhya Pradesh
Decided on: Mar-03-1964
Reported in: AIR1966MP327; (1966)IILLJ871MP
ORDERH.R. Krishnan, J. 1. This is an application in revision by the State of Madhya Pradesh from a decision on a preliminary issue by the trial Court. However, the issue goes to the root of the suit and is of very considerable importance. The question is, whether a retired Government servant can in the civil court sue for the pension, part or whole, or ask for a decree directing Government to pay Shim a larger sum as pension than what it has decided, at all events, when the pension had accrued before the commencement of the Constitution and in the absence of any pension rules made under Article 309 of the Constitution or any corresponding pre-existent statutory provision. 2. Another question has been suggested by the plaintiff (pensioner) to the effect that he has made an alternative pleading and whether, even if it is found that in these circumstances his claim for the pension is non-justiciable by the civil courts, he should be still allowed to proceed with the suit for the alternati...
Tolaram and anr. Vs. Ayaldas
Court: Madhya Pradesh
Decided on: Mar-02-1964
Reported in: AIR1965MP140
T.P. Naik, J. 1. The only question that arises for consideration in this second appeal is whether the notice to quit (Ex. P-6) served by the plaintiffs-landlords on the defendant-tenant on 1-7-1960 under Section 106 of the Transfer of Property Act, calling upon him to vacate the suit premises on 31-7-1960, in respect of a monthly tenancy commencing on the 1st--an English Calendar month--was an invalid notice, as it did not expire with the end of the month of the tenancy. 2. Under Section 106 of the Transfer of Property Act, so far as is relevant for our purpose, in the absence of a contract or local law or usage to the contrary, a lease of immovable property from month to month is 'terminable, on the part of either lessor or lessee, by fifteen days' notice 'expiring with the end of a month of the tenancy''. (Underlining (here into ' ') is mine). The Judicial Committee of the Privy Council in Harihar Banerji v. Ramshashi Roy, ILR 46 Cal 458 at p. 472: (AIR 1918 PC 102 at p. 107), has po...
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