Madhya Pradesh Court April 1967 Judgments
Mineral Mining Co. Private Ltd. Vs. State of Madhya Pradesh, Natural R ...
Court: Madhya Pradesh
Decided on: Apr-28-1967
Reported in: AIR1968MP17
Bhave, J. 1. The petitioner was granted a prospecting licence for soap-stone, dolomitp and quartz in respect of Khasra No. 68. area 64.12 acres, in village Chita Dhana, District Narsimhapur, under a deed dated 28th February 1963 for a period of two years. The petitioner thereafter applied for a mining lease for whole of the area covered under the prospecting licence by its application dated 22nd April 1964 The State Government by Memo dated 13th October, 1964 directed the petitioner to indicate which block of 20 acres was desired by the petitioner, indicating thereby that the State Government was prepared to grant the lease for that area only. By letters dated 23rd October 1964 and 26th October 1964 the petitioner represented to the State Government that the petitioner was entitled to get a lease for whole of the area and that in view of the enormous expenditure incurred by the petitioner in prospecting the area, there was no justification for reducing the area On the insistence of the...
Tag this Judgment!Pema Bhavsingh Vs. Dhanya Salam
Court: Madhya Pradesh
Decided on: Apr-25-1967
Reported in: AIR1972MP211; 1972MPLJ378
ORDERH.R. Krishnan, J.1. This is an application by the decree-holder in a title suit from an order of the trial Court refusing to correct in exercise of its powers under Section 152, Civil P. C. the decree in one particular, namely, the name of the village in which the suit land is located. The facts are very simple and the obvious requirement of justice is that the correction should be made; but the argument has been as to whether this can be done properly under Section 152. Civil P. C.2. There is no doubt that the naming of the wrong village was an accidental slip on the part of the plaintiff at the first instance which has naturally been carried over into the judgment and the decree. But the question is whether the clerical or arithmetical mistakes and accidental slips and omissions mentioned in Section 152 are only those for which the Court is solely responsible, or include those where a party having committed a mistake it has been brought into the Court's orders; two other inciden...
Tag this Judgment!Raju Narayan Vs. Chogalal Bhagirath and anr.
Court: Madhya Pradesh
Decided on: Apr-24-1967
Reported in: AIR1972MP223; 1972MPLJ329
H.R. Krishnan, J. 1. This appellant was knocked down by the motor car owned by respondent No. 1 and driven at that time by respondent No. 2. Probably because the appellant was unable to find put whether or not the vehicle had been insured against third-party claims he has not impleaded any insurance company. The Motor Accidents Claims Tribunal to which this case is going back may. it is suggested, usefully investigate whether the vehicle had been insured, and if it has not been whether any action is called for against the owner; but that is another matter. 2. The accident was on 17-2-1964 and the claim was presented before the tribunal on 8-5-1964, in other words, after 80 days. Since, however, only 60 days are allowed, the tribunal held that the claim was time barred. Certainly the claimant wanted condonation of the delay for 'sufficient' cause which the Motor Vehicles Act itself has envisaged by providing that the time limit could be relaxed where the tribunal is satisfied of suffici...
Tag this Judgment!Smt. Jagrani Vs. Jorawal
Court: Madhya Pradesh
Decided on: Apr-18-1967
Reported in: AIR1968MP24
Shiv Dayal, J.1. This second appeal arises from a proceeding under Section 10 of the M P Accommodation Control Act. 1961 for assessment of standard rent by increasing it bv 70 per cent The appellant's husband. Mathura Prasad. made an application for fixation of fair rent to the Rent Con-troller in the year 1954 The Rent Controller fixed Rs 22-50 as the fair rent of the suit accommodation. In the present proceedings the appellant claimed an increase by 70 per cent under the provisions ot the M. P. Ac-commodation Control Act, 1961. (section 7), The tenant resisted the application on the ground that no further increase was permissible. The Rent Controller allowed the landlord's application and Increased the rent to Rs. 38-25, that is, by 70 per cent the accommodation being non residential. The tenant appealed. The learned District Judge has held that the landlord did not disclose all material facts which would have enabled the Rent Controlling Authority to fix standard rent under Section ...
Tag this Judgment!Bhagwati Dhar Bajpai Vs. Jabalpur University and ors.
Court: Madhya Pradesh
Decided on: Apr-18-1967
Reported in: AIR1967MP239
Bhargava, J.1. The petitioner Shri Bhagwati Dhar Bajpai has filed this petition under Article 226 of the Constitution of India against the Jabalpur University (respondent No. 1), Dr. Dhirendra Verma, Vice-Chancellor of the said University (respondent No. 2). Shri B. L. Pande, Reotor of the said University (respondent No 3), Shri S. C. Seth. Registrar of the said University (respondent No. 4) and Shri V. G. Pathak. Assistant Registrar of the said University (respondent No 5). praying that the ruling given at the meeting of the University Court on 25-1-1967 by the third respondent to the effect that the presentation of the notice by the petitioner to the fifth respondent, Shri V. G. Pathak on 34-1-1967 was not proper as the said notice had not been delivered to the Registrar according to the requirements of Section 18(1) of the Jabalpur University Act (hereinafter called the Act) be quashed The petitioner further seeks a writ of mandamus to be issued to the third respondent who was Chair...
Tag this Judgment!Gurusharansingh Brijbhusansingh Vs. Manager, Rewa Transport Services a ...
Court: Madhya Pradesh
Decided on: Apr-05-1967
Reported in: AIR1968MP10; [1968(17)FLR4]; (1968)ILLJ143MP
Bhave, J. 1. The petitioner is working as a conductor with the Rewa Transport Services. Rewa (respondent No. 1). The petitioner's application for recovery of overtime wages was dismissed by the Authority appointed under the Payment of Wages Act by order dated 19th September 1964. An appeal preferred by the petitioner was also dismissed by the Industrial Court M. P., by its order dated 2nd March 1966. The petitioner by this petition under Article 226 of the Constitution seeks a writ of certiorarifor quashing the said two orders and for issuance of a suitable direction to the Authority under the Payment of Wages Act to determine the overtime wages and to direct the payment thereof. 2. Motor transport is a 'scheduled industry', and the minimum wages for the workers in the industry have been fixed by the State of Madhya Pradesh under the M. P. Minimum Wages Fixation Act, 1962. Section 4 of the Act has made Section 4A, Section 5 & Sections 12 to 30A of the Minimum Wages Act, 1948, and the R...
Tag this Judgment!Bherusingh Vs. Ramgopal
Court: Madhya Pradesh
Decided on: Apr-04-1967
Reported in: AIR1972MP217; 1972MPLJ347
H.R. Krishnan, J.1. This is a second appeal in execution by the judgment-debtor in a mortgage decree for a sum of the order of 2000/-. from. the concurrent judgments that the executing Court is rot competent at this stage to go behind the decree and hold it to be illegal and inoperative. The only question is whether at this stage the decree is found to be so patently illegal for want of jurisdiction or for some other reason that the executing Court can refuse to execute it.2. The facts of the case are simple. The appellant, who is a cultivator, borrowed money and mortgaged some of his agricultural lands. The loan not being repaid there was a suit; in the trial Court all that the debtor wanted was accommodation for payment by instalments. which was refused and a decree was made expressly described as one with a mortgage on the lands mentioned there. When it was being put into execution the judgment-debtor made out that the decree was bad as a mortgage decree because he had mortgaged his...
Tag this Judgment!Commissioner of Sales Tax Vs. Anil Iron Works
Court: Madhya Pradesh
Decided on: Apr-03-1967
Reported in: 1968MPLJ909; [1968]21STC496(MP)
ORDER1. At the instance of the Commissioner of Sales Tax, Madhya Pradesh, the Sales Tax Tribunal (Board of Revenue) has referred the following question for our decision :Whether or not item No. 1 hoes (all kinds) in S.R.D's Notification No. 736-3694-V-SR dated the 1st April, 1959, covers the implement commonly known as 'phawada' in Hindi and is thus an agricultural implement which is exempt from sales tax under entry No. 1 of Schedule I of the M.P. General Sales Tax Act, 1958 ?2. The non-applicant-firm manufactures certain implements popularly known in this part of the country as 'Bombay type of phawadas'. This implement is made out of a square or oblong iron plate with an eye at the top through which a wooden handle is inserted. The phawadas are generally used by building contractors and by road builders for collecting earth or other material as also for mixing sand, cement, lime etc. with boulders or gitti. These implements are also used in mines for collecting ore that is dug out as...
Tag this Judgment!- ‹ Prev
- Next ›