Madhya Pradesh Court April 1964 Judgments
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i.N. Saksena Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-30-1964
Reported in: AIR1964MP248; 1964MPLJ713
Dixit, C.J.1. By this application under Art. 226 of the Constitution of India the petitioner seeks a writ of certiorari for quashing an order made by the Government on 11th September 1963 retiring him from service with effect from 31st December 1963. The petitioner further prays that the State Government be restrained by a suitable direction from giving effect to the aforesaid order of the Government and it be declared that he is still in service.2. The relevant facts are that the applicant was born on 22nd August 1908. He entered the Judicial Service of the old Central Provinces and Berar in 1935 as a Subordinate Judge. About a year after the formation ef the new State of Madhya Pradesh the petitioner was appointed as a District and Sessions judge in November 1957 and was confirmed in that post in April 1962. In accordance with Fundamental Rule 56 as it stood until 1st March 1963 fixing the age of 55 years as the age of superannuation, the applicant would have retired from service on ...
Firm Bhagwandas Shobhalal Jain, a Registered Firm and anr. Vs. State o ...
Court: Madhya Pradesh
Decided on: Apr-29-1964
Reported in: AIR1966MP95
Naik, J. 1. This is a first appeal by the plaintiff, whose suit for damages for a breach of contract assessed by him at Rs. 1,80,000/-against the State of Madhya Pradesh has been dismissed by the Additional District Judge, Rewa.2. The suit of the plaintiff was inter alia, based on the following allegations: that the plaintiff was a registered partnership firm with Bhagwandas and Shobhalal as its managing partners, carrying on business of manufacture and sale of bidis at Mohalla Chameli Chauk, Sagar; that the plaintiffs were a lessee of the then Charkhari State for collecting tendu leaves from its Isanagar Pargana for the period ending 30-9-1949; that after Independence, the State of Charkhari merged with the neighbouring States of Bundelkhand and Baghel-khand to form a United State of Vindhya Pradesh under a popular Government; that on 4-12-1948 the plaintiffs applied to the Minister for Commerce and Industries for extension of the period of the aforesaid lease by another five years on...
The State of Madhya Pradesh Vs. Mahant Kamal Puri
Court: Madhya Pradesh
Decided on: Apr-29-1964
Reported in: AIR1965MP183
Pandey, J. 1. This case comes before me on a difference of opinion between Khan. J. and Shiv Dayal, J. on the construction of Section 30 of Riyasat Gwalior Ki Paristishgabori Aur Mazhabi Aukaf Ki Imdad Aur Niggrani Ka Quanoon of Samvat 1983 (hereinafter called the Gwalior Act) and the interpretation of the Durbar Order, dated 10th August 1939. 2. The facts of the case, briefly stated, arc these. There is a temple of Kali Mata at village Basaiya in Morena district which is famous as Basaiya Mata Temple. It was established in the year 1903 by Mahant Rajpuri who, upon his death, was succeeded by his Chela Kundanpuri. On the death of Kundanpuri in 1919, his Chela Tejpuri succeeded him as the Mahant, Since there were disputes between him and the Pujaris of the temple, he made on 1st July 1930 an application requesting that, as in the case of the Nagardevla Temple, the administration of the Basaiya Mata Temple be taken over by the Gwalior Government. By an order, dated 1st December 1932 (Ex....
P.K. Roy, Asst. Engineer, Govt. of M.P., P.W.D. and ors. Vs. State of ...
Court: Madhya Pradesh
Decided on: Apr-29-1964
Reported in: AIR1964MP307; 1965MPLJ252
Naik, J. 1. The petitioners, who are all Assistant Engineers in the Public Works Department of the Government of Madhya Pradesh, have filed this petition, under Article 226 of the Constitution for an appropriate writ, order or direction, including a writ of certiorari for quashing the Madhya Pradesh Government, General Administration (Integration) Department, Notification No. 782-557-I-Integ., dated 6-4-1962 (Annexure 1), publishing the final gradation list of, the establishment of Buildings and Roads and Irrigation (excepting that relating to Category I to Category V of Civil Section already published under General Administration (Integration) Department's Notification No. 336-557-I-Integ., dated the 7th January, 1962 in the extraordinary issue dated the 8th February 1962 of the Gazette) in the Public Works Department, and a writ of mandamus prohibiting the State Government from giving effect to the said final gradation list, inter alia, on the following grounds: (1) That it was not m...
Krishi Upaj Vyavasai Mandal and ors. Vs. the State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Apr-28-1964
Reported in: AIR1965MP6
ORDER1. This petition under Article 226 of the Constitution mainly calls in question the validity of the Madhya, Pradesh Agricultural Produce Markets (Validation) ordinance, 1962 (2 of 1962) and the Madhya Pradesh Agricultural Produce Markets (Validation) Act, 1962 (12 of 1962). 2. The facts giving rise to this petition, which are some what involved, may be stated as briefly as possible Before the, formation of the United State of Madhya Bharat in the year 1948, the city of Ujjain formed part of the erstwhile princely State of Gwalior where the Qawaid Mand Hai Gwalior (Samvat 1986) (hereinafter called the Qawaid) was in force. By virtus of Section 4 of Act 1 of 1948, the laws in force in all the covenanting states were continued in force until duly amended or repealed. In the year 1952, the Madhya Bharat Agricultural Produce Markets Act, 1952 (hereinafter called the Madhya Bharat Act) was placed on the statute book. By Section 31 of that Act, the corresponding laws in force in various ...
Smt. Comolata Dutta Vs. Ishwar Industries Ltd. and ors.
Court: Madhya Pradesh
Decided on: Apr-28-1964
Reported in: AIR1966MP169
Bhargava, J.1. Smt. Comolata Dutta widow of late Waller Dutta filed a suit claiming a declaration that the sale of the suit property in execution of the decree passed in Civil Suit No. 11-A of 1947 of the Court of the first Additional District Judge, Jabalpur, in favour of the Ishwari Industries Limited (defendant No. 1) or in favour of Rajendranath Bhaskar (defendant No-4) did not confer on the purchaser any right, title or interest in the suit property and as such, the purchaser was not entitled to lake possession of the same in pursuance to the sale. The second relief sought in the plaint was for a decree for perpetual injunction restraining the defendants 1 and 4 from disturbing the possession of the plaintiff. She valued the claim for the declarator relief at Rs. 20,000/- and paid court-fee of Rs. 20/-. She further valued the relief of injunction at Rs. 200/- and paid for this a court-fee of Rs. 20/-.2. Defendant No. 4 in his written statement contended that the plaintiff's suit i...
State of Madhya Pradesh Vs. Man Mohan Swaroop
Court: Madhya Pradesh
Decided on: Apr-27-1964
Reported in: AIR1966MP270
1. This first appeal arises out of an order passed on 19-10-1962 by the learned Additional District Judge, Gwalior, awarding compensation to the respondent, as amended further by the order, dated 7-2 1963, awarding interest on the amount of compensation, on a reference made under Section 18 of the Land Acquisition Act (hereinafter called the Act).2. The land acquired measures 3 bighas and 15 bishwas situated at Dabra. The respondent held this land (bearing khasra Nos. 660 and 661) in pucca tenancy rights. The land was acquired for the public purpose of constructing a police station. Notification under Section 4 of the Act was issued and duly published on 11-2-1951. The Collector made the award on 6-2-1968 for payment of compensation to the respondent amounting to Rs. 802.50 Np. only. The respondent unsuccessfully filed a review application before him. He, however, withdrew the amount of compensation under protest. 3. The respondent had made an application for reference being made to Ci...
Prabhulal Patiram and Co. Vs. Industrial Tribunal
Court: Madhya Pradesh
Decided on: Apr-27-1964
Reported in: (1966)IILLJ206MP; 1965MPLJ781
ORDERP.V. Dixit, C.J.1. The four petitioners In this case, who carry on the business of manufacture and sale of bidis, seek a writ of certiorari for quashing the award made by the industrial tribunal on 3 July 1963 in an industrial dispute between them and their workmen which was referred to the tribunal for adjudication under Section 10 (1)(d) of the Industrial Disputes Act, 1947.2. The material facts are that by a notification issued on 30 December 1958 under the Minimum Wages Act, 1948, the Government fixed the minimum rates of wages in bid industry in Raipur division at the rate of Rs. 1.62 per 1,000 bidis rolled. Before the issue of this notification a bidi-worker used to get only Rs. 1,37 for 1,000 bidis rolled. The notification issued in 1958 was struck down by this Court as invalid and inoperative in Narottamdas v. P.B. Gowarikar 1961-I L.L.J. 4421. Thereafter, the bid manufacturers again started making payment to their workers at the rate of Rs. 1.37. The State then enacted th...
Ram Kishan Oil Mills Vs. Commissioner of Income-tax, U. P.
Court: Madhya Pradesh
Decided on: Apr-21-1964
Reported in: [1965]56ITR186(MP)
DIXIT C.J. - In this reference under section 66(1) of the Indian Income-tax Act, 1922, at the instance of the assessee, the questions that have been placed by the Tribunal before us for decision are :'Whether interest paid towards a loan raised for acquiring the assessees brothers interest in the family business on partition of the family assets, is in the nature of a capital payment and not allowable under section 10(2)(iii) ?2. Whether, in the circumstances of the case, the Income-tax Officers action in reopening the case under section 34(1)(b) for the years 1953-54 and 1954-55 was justified ?'The material facts are that in a partition of a joint family property between the assessee, Gangadharrao, who is the proprietor of the firm, Messrs. Ram Kishan Oil Mills, Lashkar, and his brother, Narayanrao, according to an order dated 5th August, 1946, of the Maharaja of Gwalior, Gangadharrao was required to pay Rs. 10,000 to his brother in lieu of Narayanraos share in certain item of propert...
Dwarka Prasad Mishra Vs. KamalnaraIn Sharma and ors.
Court: Madhya Pradesh
Decided on: Apr-15-1964
Reported in: AIR1964MP273
Dixit, C.J.1. In this application under Articles 226 and 227 of the Constitution, the question for consideration arises, upon what the Election Tribunal, Raipur, determined in regard to a preliminary objection of the petitioner to the election petition filed by the respondent No. 1 challenging the petitioner's election to the State Legislative Assembly from Kasdol constituency.2. The relevant facts are these. The petitioner was; duly etected to the M. P. State Legislative Assembly at a bye-election held in May rg63 from Kasdol constituency. The respondent No. 1, who was defeated at the election, filed an election petition praying that the petitioner's election be declared void as the petitioner was guilty inter alia of having committed certain corrupt practices enumerated in the petition. To support the allegations of corrupt practices and the particulars thereof the respondent No. 1 filed an 'affidavit' along with the election petition. In his reply to the petition, the. applicant rai...