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Madhya Pradesh Court January 1966 Judgments

Jan 31 1966

Surguja Raigarh Roadways (P) Ltd. Vs. Regional Transport Authority and ...

Court: Madhya Pradesh

Decided on: Jan-31-1966

Reported in: AIR1967MP5

Pandey, J. 1. This is a petition under Articles 226 and 227 of the Constitution to call up and quash by certiorari-(i) an order dated 29th November 1966 whereby the Regional Transport Authority, Bilaspur (respondent 1) decided to grant to Durga Motor Service (respondent 2) a temporary permit for the Ambikapur-Ramanujganj route; and (ii) the temporary permit issued in pursuance of the aforesaid order. 2. The facts giving rise io this petition are these. The petitioner and other operators held several permits for the Ambikapur-Ramanujganj route. One such permit was granted to me Janta Transport Co-operative Society Ltd. but, upon its expiry, it was not renewed. The Regional Transport Authority, Bilaspur, therefore invited applications for granting instead a new permit. Several persons, including the Durga Motor Service (respondent 2), applied for the permit. It transpired that, on 21 November 1965, the Secretary, Regional Transport Authority, Bilaspur (respondent 3), recorded a note to...

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Jan 31 1966

Association of Medical Representatives (M and V) Vs. the Industrial Tr ...

Court: Madhya Pradesh

Decided on: Jan-31-1966

Reported in: AIR1967MP114; [1967(15)FLR18]; (1966)ILLJ614MP

Dixit, C.J.1. By this application under Article 226 of the Constitution the petitioners seek a writ of certiorari for quashing the determination of the Industrial Tribunal, Madhya Pradesh in a reference made to it by the Madhya Pradesh State Government under Section 10(1) of the Industrial Disputes Act, 1947 (hereinafter called the Act) holding that as the State Government was not the appropriate Government for making the reference it was incompetent and consequently the Tribunal had no jurisdiction to entertain the reference. They also pray that a direction be issued to the Tribunal to entertain the reference and adjudicate on the merits of the dispute referred to it.2. The matter arises thus. The second petitioner D'Silva was employed by the respondent No. 2, Messrs. Sarabhai Chemicals Karamchand Premchand Private Ltd., (herein-after referred to as the Company) as a medical representative or a 'detailer' for distribution and sale of the Company's products in Jabalpur, Sagar and Damoh...

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Jan 21 1966

Baldeo Singh Raghuraj Singh Vs. Gopal Singh Raghuraj Singh and ors.

Court: Madhya Pradesh

Decided on: Jan-21-1966

Reported in: AIR1967MP221

Naik, J.1. The plaintiff-appellant, a minor, filed, a suit, through his next friend Durga Vinod Singh, for a declaration that the sale-deed, dated 28-8-1959, executed by his eldest brother, Gopal Singh (respondent No. 1) as the karta of the joint Family, consisting of himself and his brothers, viz., Raj Bahadur Singh and the minor plaintiff Baldeo Singh, was void, as it was not executed for legal necessity or for the benefit of the estate. It was also averred in the plaint that the suit property in respect of which the declaration was sought was in possession of tenants, who had not yet attorned to the vendees; nor had the defendants-vendees been able to obtain possession of the suit property from the tenants in any other way. It was also pleaded, in the alternative, that as the plaintiff was a minor and as the permission of the Court had not been obtained in accordance with the Hindu Minority and Guardianship Act, 1956, the sale-deed in question was void in any case to the extent of t...

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Jan 21 1966

Ras Bihari Pandey Vs. Municipal Corporation and ors.

Court: Madhya Pradesh

Decided on: Jan-21-1966

Reported in: (1967)IILLJ234MP

P.V. Dixit, C.J.1. By this application under Articles 226 and 227 of the Constitution, the petitioner questions the legality of the appointment by respondent 4, the standing committee of the Municipal Corporation, Jabalpur, of respondent 3, Ramakrishna Upadhyay, as lecturer In Economics in L. N. Yadav Higher Secondary School, Jabalpur, alleges that he Is usurping the office of lectureship, and contends that he, that is the petitioner, himself should have been appointed to the post. The applicant prays that a writ in the nature of quo warranto be issued against respondent 3 to show cause as to by what autherity he is functioning and acting as lecturer In Economics In the aforesaid school, that the resolutions passed by respondent 4, the standing committee, with regard to the appointment of respondent 3 be quashed by writs of certiorari, and respondent 3 be restrained from functioning and acting as lecturer, and further that a direction be issued to the Municipal Corporation, Jabalpur, a...

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Jan 06 1966

Abdul Haque Naseem Vs. Board of Secondary Education and ors.

Court: Madhya Pradesh

Decided on: Jan-06-1966

Reported in: AIR1966MP228

Dixit, C.J.1. By this application under Article 226 of the Constitution the petitioner challenges the validity of an order passed by the respondent No. 2, the Controller of Examinations, Board of Secondary Education, Bhopal, hearing the date 2nd July 1965 (sic) cancelling the petitioner's result at the Higher Secondary School Certificate 'A' course Examination held in March 1965 and debarring him from appearing at the examination for the ensuing year 1966.2. The petitioner appeared at the Higher Secondary School Certificate 'A' course examination of 1965 (hereinafter referred to as the examination) as a student of Saifia Higher Secondary School, Bhopal. The examination commenced on 8th March 1965 and ended on 27th March 1965. On the last date of the examination while he was answering 'Urdu Second Paper' he was found by the invigilator Shri Shamim Akram talking with other examinees. The invigilator warned him repeatedly but he paid no heed to the warnings. It appears that at the close o...

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