Court : Madhya Pradesh
Reported in : AIR1966MP199
Dixit, C.J.1. In this application under Article 226 of the Constitution of India which has come up before me on a reference by a Division Bench, the petitioner challenges the validity of the appointment of the respondent No. 4 Shrimati Nirmala Rani Potdar as a notary for the Indore civil district and seeks a writ of certiorari for quashing an order passed by the Government in June 1963 with regard to her appointment as notary.2. The matter arises thus. The appointment of notaries is regulated by the Notaries Act, 1952, and the Rules made thereunder Section 3 of the Act gives to the Stale Government the power to appoint any legal practitioners or other persons possessing the prescribed qualifications as notaries for the whole or any part of the State. Section 15 gives to the Central Government the power to make rules providing, inter alia, for the qualifications of a notary, the form and manner in which applications for appointment as a notary may be made and the disposal of such applic...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP255
Naik, J. 1. This is an appeal under Section 116A of the Representation of the People Act. 1951 (hereinafter called 'the Act') against the order, dated 20-10-1964, of the Election Tribunal, Bhind, setting aside the election of the appellant to the Madhya Pradesh Legislative Assembly from the Morena Constituency on the around that he and his election agent Sumati Chand Shastri were guilty of the corrupt pratice of bribery within the meaning of Section 123(1) of the Act. 2. The allegation of the respondent (petitioner) was that the appellant, returned candidate and Sumati Chand Shaslri, who were the Chairman of the Standing Committee and the President, respectively, of the Municipal Council of Morena City at the relevant time, had by grossly abusing their status and power in the said Municipality and without lawful authority, mala fide with the sole aim and purpose of unduly influencing voters to vote in favour of the appellant, laid water lines and opened a few new public fountains withi...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP88; [1966(12)FLR301]; (1966)ILLJ117MP
Dixit, C.J. 1. This is an application under Articles 226 and 227 of the Constitution by the Kymore Cement Mazdoor Congress, Kymore, for the issue of a writ of certiorari for quashing a decision dated 24 August 1964 of the Industrial Court setting aside an order of the Labour Court, Jabalpur, made in circumstances to be presently stated, directing the Associated Cement Companies Ltd., Kymore (hereinafter referred to as the Company) to reinstate in its service one Hafiz Mohammad, who was employed as a blacksmith in the workshop department and awarding him Rs. 1,000 as compensation.2. On 31 July 1961 the Company intimated to Hafiz Mohammad that according to the Company's records he would be attaining the age of 60 years on 1 January 1962 and according to the sixty years' rule of retirement, in force in the company enforceable on him he would be retired from that date. Some time after receiving this intimation, Hafiz Mohammad informed the Company that according to an entry in the Register ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP131
Dixit, C.J.1. This order will also govern the disposal of Misc. Petition No. 269 of 1965.2. By these two applications under Article 226 of the Constitution the petitioners who ply trucks under Public Carriers Permits issued to them under the Motor Vehicles Act, 1939, challenge the validity of Act No. XV of 1965, namely, the Madhya Pradesh Motor Vehicles Taxation (Amendment) Act, 1965, (hereinafter called the Amending Act), and pray that it be declared that the Amending Act is ultra vires and invalid and they 'are not required to pay the tax (under the Madhya Pradesh Motor Vehicles Taxation Act, 1947) for the quarter during which they do not keep the vehicle in use or for use.'They also seek writs of certiorari for quashing the memoranda issued to them intimating them that they should deposit tax in respect of their vehicles within the time mentioned in the memoranda.3. The matter arises thus. By Section 3(1) of the Madhya Pradesh Motor Vehicles Taxation Act, 1947 (hereinafter referred ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP151
Dixit, C.J. 1. In this application under Article 226 of the Constitution the question raised is as regards the validity of the election of the respondents Ramniklal Trivedi, Vasantrao Kelkar and Kodumal as the President and two Vice-Presidents respectively of the Balaghat Municipal Council. The petitioners, one of whom was elected to the Council at the General Election and the other was selected as a councillor under Section 19 of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act), pray for the issue of a writ of certiorari for quashing the proceedings of the meeting at which the three respondents were elected as the President and the Vice-Presidents, and a writ in the nature of quo warranto against them for ousting them from the office they hold. 2. By Section 3(8) of the Act a council has been defined as meaning 'Municipal Council constituted by or under the Act'. The preceding clause of Section 3(8) says that 'Councillor' means a person who is legally a...
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