Madhya Pradesh Court November 1969 Judgments
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A. Laxmandas and ors. Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Nov-28-1969
Reported in: AIR1970MP189; 1970MPLJ168
Pandey, J.1. This petition under Article 226 of the Constitution is mainly directed against the promotion of R. K. Subramaniam (respondent 2) and K. B. Shah (respondent 3) as Superintending Engineers. Accordingly, the petitioners have prayed for a writ of mandamus requiring the State Government (i) to revise the aforesaid orders of promotion of respondents 2 and 3; (ii) to deal with the appointments and promotions of those two respondents and all other members of the technical personnel of the Chambal Project so as not to assign to them in the gradation list any place above the last confirmed Assistant Engineer in the Public Works Department (Irrigation Branch) and (iii) to conduct itself in accordance with the rules and principles of justice and fair-play in the matter of promotions in that Department.2. The material facts giving rise to this petition may be shortly stated. In the new State of Madhya Pradesh formed in accordance with the provisions of the States Reorganization Act, 19...
Santosh Kumar Agrawal Vs. State of Madhya Pradesh Through Secretary to ...
Court: Madhya Pradesh
Decided on: Nov-25-1969
Reported in: AIR1970MP226
Pandey, J. 1. The petitioner has passed the Intermediate Examination (New Pattern) held by the Board of Secondary Education of Madhya Pradesh In the year 1969. He had offered for the examination the subjects of the science group, namely, physics, chemistry and biology. He was placed in the first division and he obtained 65.8 per cent of marks in the aggregate in science group subjects. He applied for admission to one of the medical colleges of this State. He was not, however, selected though candidates who had passed the B.Sc. (Part I) university examination with Subjects of the science group and secured in those subjects a lesser percentage of marks in the aggregate were selected by the committee appointed for the purpose. He had challenged the selection made mainly on the ground that it offends Article 14 of the Constitution because likes were not treated alike. He has accordingly prayed for a writ in the nature of mandamus requiring that he should be treated at par with the candidat...
State of Madhya Pradesh Vs. Shri Tulsiram
Court: Madhya Pradesh
Decided on: Nov-18-1969
Reported in: AIR1970MP123; 1970CriLJ972; 1970MPLJ177
Tare, J. 1. This judgment shall also govern the disposal of Criminal Appeal No. 683 of 1966 (The State of M.P. v. Kishanaji s/o Bapu). These appeals arise out of different cases unconnected with each other. But, as we happened to hear them on the same day and as they involved the same question of law, we thought it necessary to dispose them of by a common judgment. The only common thing in both the cases is that the same Food Inspector, Shri R.P. Shrivastava, had taken the samples of milk from the respective respondents on 26-5-1965 at village Manpur, where the respondents had gone to sell the milk. However, we propose to deal with the facts of each case separately. 2. The Food Inspector, Shri R.P. Shrivastava, (P.W. 1) had taken the sample of milk from Tulsiram on 26-5-1965. All formalities had been done by the Food Inspector and he put one drop of formalin for each ounce of milk in the bottles which were duly sealed in the presence of attesting witnesses. One sample bottle was sent t...
Gopaldas Khimji Trading Company Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Nov-17-1969
Reported in: 1970MPLJ570; [1970]26STC575(MP)
K.L. Pandey, J.1. At the instance of the assessee, the Sales Tax Tribunal has, acting under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter called the new Act) referred to this court for its opinion the following question of law :Whether, in the facts and the circumstances of this case, the applicant had the right to file a second appeal before the Tribunal under the provisions of the M. P. General Sales Tax Act, 19582. The material facts giving rise to this reference lie within a narrow compass and may be shortly stated. The applicant is a registered dealer which carries on business at Ujjain. The relevant turnover of sales made by the applicant related to the period 1st April, 1957 to 31st March, 1958. During that period, the Madhya Bharat Sales Tax Act, Satnvat 2007, was in force. It was, however, repealed by the new Act which came into force on 1st April, 1959. That turnover was actually assessed to tax on 18th December, 1962, though, as found by the Tr...
The State of M.P. Vs. S.P. Mathur and anr.
Court: Madhya Pradesh
Decided on: Nov-06-1969
Reported in: 1970CriLJ922; 1970MPLJ171
1. This is an appeal by the State Government, Madhya Pradesh, against the order of acquittal dated 14-3-1966 of the Court of the Magistrate First Class, Katghora, The respondents S. P. Mathur and K. K. Sharma, Agent and Manager, respectively, of the Banki Colliery, were prosecuted for contravention of Regulations 89 (i) (c), 87 (3) (c), 87. (9) (b), 113 and 168 read with Regulation 190 of the Coal Mines Regulations of 1957, and it was alleged against them that the said contraventions constituted offences punishable under Section 72(c), A. and C. of the Mines Act, 1952.2. The prosecution case was that on 17-11-64 two loaded tubs were hauled up without attaching a drag or other proper contrivance behind the last tub. When these tubs were hauled up the haulage plane to some distance, the second tub got uncoupled and ran down the plane and struck the buffer provided on the haulage track. As a result of the impact, the said buffer along with its ground stone in which it was fixed and its pr...
Mangilal Vs. Parasram and ors.
Court: Madhya Pradesh
Decided on: Nov-03-1969
Reported in: AIR1971MP5; 1970MPLJ1
Shiv Dayal, J. 1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939, (hereinafter called the Act), from an award of the Motor Accidents Claims Tribunal, Indore. 2. On April 26, 1963, at about 4 p. m., Rajendra Kumar, a boy of 7 years, was sitting on the pathway a few yards away from the highway, on the outskirts of village Jamli, where he lived with his father, Parasram (respondent No. 1). The boy was answering the call of nature. In the meantime, a passenger bus, M. P. E. 3564, belonging to Mangilal (appellant) and driven by Kale Khan (respondent No. 2) came on the wrong side of the road and ran over the boy causing severe injuries to him, which resulted in his instantaneous death. 3. Parasram lodged a claim for Rupees 20,000/- before the Claims Tribunal constituted under Section 110 of the Act against Mangilal, Kale Khan and the Indian Merchantile Insurance Co. Ltd., (respondent No. 3, hereinafter called the insurer) on the allegation that the bus was driven at a ...
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