Madhya Pradesh Court July 1968 Judgments
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Madhya Pradesh State Road Transport Corporation, Jabalpur Vs. Jahiram ...
Court: Madhya Pradesh
Decided on: Jul-30-1968
Reported in: AIR1969MP89
Sen, J.1. The Madhya Pradesh State Road Transport Corporation (hereinafter referred to as the 'MPSRTC'), has filed this appeal under Section 110-D of the Motor Vehicles Act (Act 4 of 1939),against an award of the Claims Tribunal, Rewa, dated 30th June 1966, awarding a sum of Rs. 20,000/- as compensation to one Jahiram, for bodily injuries resulting from a road accident.2. The facts giving rise to this appeal, so far as necessary, may be briefly stated. On 21st November 1962, a bus MPJ 2434 owned by the MPSRTC, while on its way from Rewa to Satna, met with an accident when it collided with a truck on a culvert of a river, near Mouja Rampur. As a result of the accident, the MPSRTC bus, together with all its passengers, fell beneath the culvert. The claimant, who was a passenger in the ill-fated bus, sustained serious injuries on his person and became unconscious as a result of the injuries sustained by him. He was brought back to Rewa and admitted in Gandhi Memorial Hospital, Rewa. An X-...
Jagdish Mitra Sharma Vs. Jiyajee Rao Cotton Mills Ltd. and ors.
Court: Madhya Pradesh
Decided on: Jul-30-1968
Reported in: (1970)ILLJ129MP
ORDERP.V. Dixit, C.J.1. This order will govern the disposal of Miscellaneous Petition No. 68 of 1967.2. The circumstances in which these two applications under Articles 226 and 227 of the Constitution have been filed are that Jagdish Mitra Sharma, the petitioner in Miscellaneous Petition No. 48 of 1967, was employed as a textile designing tracer by the Jiyajee Rao Cotton Mills, Ltd., Gwalior (hereinafter referred to as the mills), the petitioner in Miscellaneous Petition No. 68 of 1967. The employment commenced on 5 July 1963 and was made subject to certain terms and conditions agreed to by the parties in writing. One of the conditions was that Jagdish Mitra Sharma would be on probation ' till six months '; the other was that during the period of probation the employee's services would be liable to termination at any time without notice. On 3 May 1965 the factory manager of the mills addressed a letter to Sharma terminating his services with effect from 23 May 1965 saying that his serv...
Farooki (A.R.) Vs. Industrial Court
Court: Madhya Pradesh
Decided on: Jul-29-1968
Reported in: (1969)ILLJ704MP
ORDERP.V. Dixit, C.J.1. By this application under Article. 226 and 227 of the Constitution the petitioner seeks a direction to the industrial court commanding it to entertain and dispose of an appeal which the petitioner had filed under Section 11 of the Indian Trade Unions Act, 1926, against an order of the Registrar cancelling the registration of a trade union of which the petitioner claims to be the president.2. This application must be granted. The industrial court rejected the petitioner's appeal on the ground that under Section 11 of the Indian Trade Unions Act, 1926, no appeal lay to the industrial court against an order of the Registrar cancelling the certificate of a trade union. In reaching this conclusion the president of the industrial court altogether overlooked the fact that the Indian Trade Unions Act, 1926, was amended by Madhya Pradesh Act 28 of 1960, in its application to Madhya Pradesh. Section 3 of the Indian Trade Unions (Madhya Pradesh Amendment) Act, 1960 (Madhya...
Sheokumar Tiwari Vs. Janapada Sabha and ors.
Court: Madhya Pradesh
Decided on: Jul-24-1968
Reported in: (1970)ILLJ534MP; 1968MPLJ754
ORDERP.V. Dixit, C.J.1. The petitioner in this case seeks a writ of certiorari for quashing an order passed by the Chief Executive Officer of the Janapada Sabha Lakhnadon, on 14 June 1864 reducing him from the post of head clerk to the post of upper grade cierk and censuring him.2. The impugned order was passed as a sequel to a departmental enquiry held against the petitioner on as many as fourteen charges. The enquiry was conducted by the Deputy chief Executive Officer. Of the fourteen charges, he found that four charges had not been proved ; the other charges he found to be prima fade established. Accordingly he made a report to the Chief Executive Officer. On a consideration of the report the Chief Executive Officer found all the charges to be prima facie established. He therefore, issued a notice to the petitioner to show cause against the punishments proposed by him in his provisional order finding the charges to be prima facie established. A copy of the provisional order of the C...
Shiva Nand Jha (Dr.) Vs. State of Madhya Pradesh (Through Chief Secret ...
Court: Madhya Pradesh
Decided on: Jul-20-1968
Reported in: (1970)ILLJ530MP
ORDERP.V. Dixit, C.J.1. The petitioner in this application under Article 226 of the Constitution was on 1 December 1964, Professor of Economics, Agriculture College, Rewa. On 1 October 1963, the JawaharlalNehru Krishi Vishwa Vidyalaya Act, 1963, enacted for the establishment and incorporation of the Viahwa Vidyalaya came into force. By virtue of Section 55 of the Jawaharlal Nehru Krishi Vishwa Vidyalaya Act, 1963 (hereinafter called the Act), the Agriculture College, Rewa, stood transferred to the Vishwa Vidyalaya. The Government employees, who were working in or were attached to the college and its research section,became the employees of the Vishwa Vidyalaya from 1 December 1964. These employees were treated as on deputation to the Vishwa Vidyalaya for a period of two years from 1 December 1964, as provided by Section 56(2)(aa) of the Act as amended by the Jawaharlal Nehru Krishi Vishwa Vidyalaya (Amendment) Act, 1965. The amended Section 55(2)(a) gave to the Government employees, wh...
N.H. Ozha and Co. (Pvt.) Ltd., Jamkunda Colliery Vs. Union of India (U ...
Court: Madhya Pradesh
Decided on: Jul-19-1968
Reported in: AIR1969MP141; 1968MPLJ782
G.P. Singh, J. 1. This petition is by a company which held a coal mining lease of certain lands in tahsil and district Chhindwara. The company made defaults in payment of royalty and dead rent and the Director of Geology and Mining issued notices calling upon the company to pay the dues within sixty days from the receipt of the notices and intimating that if the dues were not paid within that period the lease would be terminated. In all six such notices were issued. As regards the first five notices, last of which was issued on 19th October 1964, the company in each case paid the dues beyond sixty days from the receipt of the notice. As regards the sixth notice, which was issued on 21st May 1965, the company fully complied with its terms and deposited all the dues on 16th July 1965 within sixty days. In the meantime by an order passed on 29th June 1965, the Government acting under Rule 27 (5) of the Mineral Concession Rules 1960 cancelled the petitioner's lease and forfeited the securi...
Bhilai Hindi Primary School Teachers Association, Bhilai and anr. Vs. ...
Court: Madhya Pradesh
Decided on: Jul-18-1968
Reported in: AIR1969MP43; (1969)ILLJ711MP; 1968MPLJ753
Dixit, C.J.1. This application under Article 226 of the Constitution is by the Union of Primary School Teachers in Hindi employed in Schools run by the Bhilai Steel Project and by a teacher in Hindi in one of the Schools.2. The petitioners' grievance is that in the Primary Schools run by the Bhilai Steel Project the scales of pay of teachers and headmasters of Hindi Primary Schools are lower than the scales of pay of teachers and head masters employed in the English Primary Schools. Their contention is that this difference is violative of Article 14 of the Constitution and they pray that a direction be issued to the respondents commanding them to give to the teachers and headmasters of Hindi Primary Schools the same scales of pay as are given to the teachers and headmasters in English Primary Schools.3. Having heard learned counsel for the parties we have reached the conclusion that this application must be dismissed. It is not necessary to enter into an examination of the relative com...
Central India Electric Supply Co. Ltd. Vs. Presiding Officer, District ...
Court: Madhya Pradesh
Decided on: Jul-16-1968
Reported in: AIR1969MP196; [1969(18)FLR22]; (1969)ILLJ840MP
Singh, J.1. This petition by the Central India Electric Supply Co. Ltd. under Articles 226 and 227 of the Constitution is directed against an order of the Labour Court Jabalpur passed on 28th April 1966 by which 96 workmen of the company who are impleaded in this petition as respondents 2 to 97 have been awarded full retrenchment compensation under Section 25F of the Industrial Disputes Act, 1947.2. The company was a licensee under the Electricity Act 1910 for supplying electrical energy and ran a power house at Katni. On the expiration of the license this undertaking at Katni was purchased by the Madhya Pradesh State Electricity Board under Section 10 of the Electricity Act and all the assets were taken over with effect from 4th May 1964. The company thereafter terminated the services of the 96 workmen and paid them three months average pay as compensation under the proviso to Section 25FFF(1) of the Industrial Disputes Act. The workmen then made separate applications to the Labour Co...
Mansingh-ka Oil Mills Ltd. Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Jul-12-1968
Reported in: 1968MPLJ735; [1968]22STC503(MP)
P.V. Dixit, C.J.1. This judgment will also govern the disposal of M.C.C. No. 105 of 1967.2. These two references under Section 44 of the Madhya Pradesh General Sales Tax Act, 1958, arise out of sales tax assessment proceedings against the assessee M/s. Mansingh-ka-Oil Mills Ltd., Khandwa, for the period from 1st July, 1949, to 30th June, 1950 (referred to as the first period by the Board of Revenue), and for the period from 1st July, 1950, to 30th June, 1951 (referred to as the second period by the Board of Revenue). The common question posed for our decision in both these references is-Whether or not the turnover of Rs. 7,70,446-5-6 pies in the first period and of Rs. 3,39,076-10-6 pies in the second period representing the value of the transactions with the parties residing outside the Madhya Pradesh on the basis of price stipulated F.O.R. Khandwa and of payment against railway receipts are assessable to sales tax in Madhya Pradesh as sales which took place within Madhya Pradesh ?3. ...
The State of Madhya Pradesh Vs. Rukman and ors.
Court: Madhya Pradesh
Decided on: Jul-05-1968
Reported in: 1969CriLJ80; 1968MPLJ700
Surajbhan, J.1. All the accused reapondents, residents of village Kasdol, police station Tamnar, were prosecuted by the police for offences under Sections 148, 324 and 325, Indian Penal Code. The learned Magistrate First Class, Raigarh, charged accused Rukman with the offences under Sections 149, 324 and 325/149, Indian Penal Code, and the rest of the accused with the offenses of rioting, hurt and grievous hurt with the common object of beating the complainant Karunasindhu under Sections 147, 323 and 325 read with Section 149, Indian Penal Code, All the accused pleaded not guilty to the charges framed against them. After the close of evidence of the prosecution and the defence an application was filed by the complainant on 23.3.1964 for permission to com. pound the offences under Sections 324 and 325, Indian Penal Code and the learned Magistrate granted the same by his order dated 4.5.1964 and in consequence an order of acquittal was passed in respect of the charges framed against the ...
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