Madhya Pradesh Court August 1968 Judgments
Shankerlal Maheshwari and ors. Vs. State of Madhya Pradesh, Hrough Sec ...
Court: Madhya Pradesh
Decided on: Aug-30-1968
Reported in: (1970)ILLJ716MP
ORDERG.P. Singh, J.1. The petitioners who are six in number are employees of the municipal council, Sagar, and are employed as lecturers and teachers in Municipal Higher Secondary Schools of Sagar. By orders of the State Government issued in June 1968, which are exhibited as annexure C.D. and E the petitioner have been transferred from Sagar to different places in schools belonging to other municipal councils. The petitioners are aggrieved by these transfers and have filed this petition under Article 226 of the Constitution for issuance of proper writs to have the orders of transfers quashed.2. The only point argued by the learned Counsel for the petitioners is that the State Government has no power of transferring lecturers and teachers of one municipal council to another municipal council. In reply the learned Government Advocate has supported the orders under Section 94(7) of the Madhya Pradesh Municipalities Act, 1961.8. Section 91 in so far as it is relevant for the present case r...
Tag this Judgment!J.K. Pal Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Aug-26-1968
Reported in: AIR1969MP143; (1970)ILLJ136MP; 1968MPLJ833
Pandey, J.1. This is a petition under Articles 220 and 227 of the Constitution to call up and quash by certiorari-(i) an order dated 22 March 1961, whereby the petitioner's pay was fixed at Rs. 133/- on a new time scale of payintroduced retrospectively from 17 November 1954; (ii) another consequential order dated 2 December 1961 by which directions were given for recovery of Rs. 132.15 from the salary of the petitioner on account of over-payments made to him since 6 June 1959; and (iii) an order dated 1 December 1964 by which the petitioner was given an opportunity for election exercisable under Rules 4 and 6 of the Madhya Pradesh Unification of Pay Scales and Fixation of Pay on Absorption Rules, 1959. The petitioner further prayed for a writ of mandamus prohibiting the authorities from giving effect to the aforesaid orders. 2. The facts giving rise to this petition, shortly stated, are these. The petitioner was employed as a clerk in the Public Works Department of the old State of Ma...
Tag this Judgment!State of Madhya Pradesh Vs. Khoda Bhai Lallubhai Patel and ors.
Court: Madhya Pradesh
Decided on: Aug-26-1968
Reported in: AIR1971MP254; 1971MPLJ858
ORDER1. In this revision petition which has come up before us on a reference made by one of us the question raised is whether the non-applicants suit for refund of sales tax on tobacco recovered from them under the Madhya Bharat Sales Tax Act, 1950, is maintainable. The levy of the tax of which refund is sought by the non-applicants was declared by this Court to be illegal as offending Article 301 of the Constitution in Bhailal Bhai v. State of Madhya Pradesh, 1960 MPLJ 601. The decision of this Court was later confirmed on this point in State of M.P. v. Bhailal Bhai, (1964) 6 SCR 261 = (AIR 1964 SC 1006). The plaintiff-non-applicants contend that the tax was illegally collected from them being against the constitutionalprohibition in Article 301 and they are, therefore, entitled to get back the amount paid by them. 2. Before the Civil Judge, Class I, Mandsaur, who is trying the suit an objection was raised on behalf of the State on the authority of a Division Bench decision of this Co...
Tag this Judgment!Sagar Motor Transport Karmchari Union, Sagar Vs. Amar Kamgar Passenger ...
Court: Madhya Pradesh
Decided on: Aug-14-1968
Reported in: AIR1969MP46; [1969(18)FLR27]; (1969)ILLJ708MP; 1968MPLJ837
Dixit, C.J.1. By this application under Articles 226 and 227 of the Constitution, the petitioner seeks a writ of certiorari for quashing a determination of the Presiding Officer of the Labour Court, Jabalpur, holding that the references of two disputes made to the Labour Court by the State Government under Section 10(1) of the Industrial Disputes Act 1947, are illegal and without jurisdiction.2. The matter arises thus. Two persons, Ramdas and Abdul Latif, were in the employment of the non-applicant No. 1, the Amar Kamgar Passenger Transport Company Co-operative Society, Sagar, registered as a Co-operative Society under the M. P. Co-operative Societies Act, 1960, (hereinafter called the Act). The services of these two employees were terminated by the respondent-Society. The two employees and the petitioner, a union of employees engaged in motor transport industry at Sagar, feeling aggrieved by the action of the respondent-Society in terminating the services of Ramdas and Abdul Latif, ra...
Tag this Judgment!The State of Madhya Pradesh Vs. K.K. Shivhare
Court: Madhya Pradesh
Decided on: Aug-08-1968
Reported in: 1968CriLJ1373; 1969MPLJ34
1. This is an appeal against acquittal of the respondent Krishna Kumar Shivhare or K.K. Shivhare alias K.K. Gupta of the offences punishable under Sections 417 and 471, Penal Code. The trial Court convicted him of both these offences and sentenced him to suffer rigorous imprisonment for six months and one year respectively. The appellate Court acquitted him.2. Case for the prosecution was that in July 1960, the accused secured admission to the L.L.B. (Previous) Class of the Hamidia College, Bhopal, by representing to the College authorities that he had obtained the degree of Bachelor of Arts from the Agra University, and the degree of Master of Arts from the Punjab University, and by producing a false copy purporting to ha of the degree of Master of Articles In fact, the accused had not passed any of these examinations and did not possess either of these degrees. When suspicion arose about the eligibility of the accused for admission to the L.L.B. (Previous) Class, he approached the Pr...
Tag this Judgment!B.S. Birthare Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-07-1968
Reported in: AIR1969MP60; (1970)ILLJ140MP; 1968MPLJ757
Pandey, J. 1. This petition under Article 226 of the Constitution is directed against two orders, one dated 31st October 1964 whereby the Inspector General of Prisons terminated the petitioner's services as an assistant jailor and another dated. 10th November 1964 by which the Divisional Forest Officer declined to take him back as a lower division clerk on the ground that he had no lien on that post.2. The material facts giving rise to this petition may be shortly stated. By an order dated 30 August 1954, the petitioner was appointed a lower division clerk in the office of the Chief Conservator of Forests, Indore. By another order dated 26 July 1956, he was confirmed on that post with effect from the same day. In course of time, he was transferred to the office of the Divisional Forest Officer, Indore, where he was working as Camp Clerk. While he was so employed, he was allowed to apply for the post of an assistant jailor. Afterthe usual interview, he was selected for the post and appo...
Tag this Judgment!- ‹ Prev
- Next ›