Madhya Pradesh Court February 1973 Judgments
Dilip Construction Company Vs. Hindustan Steel Ltd.
Court: Madhya Pradesh
Decided on: Feb-28-1973
Reported in: AIR1973MP261
Sen, J.1. This is an appeal under Section 39(1)(vi) of the Arbitration Act, 1940, preferred by M/s. Dilip Construction Co. from an order of the District Judge, Durg at Rajnandgaon, setting aside an award of the umpire in its favour, directing the payment of a sum of Rs. 8,65,000/- by the Hindustan Steel Ltd.2. The material facts, shortly stated, are these. By a contract dated 26th February, 1960, the appellant was employed by the respondent for winning and raising 45,00,000 Cft. of BF grade lime-stone ore from its Nandini Mines, and for transporting and loading the same into wagons at the railway siding of the mines. The deed of contract contained an arbitration clause, and it reads thus:'61. If at any time any question, dispute or difference whatsoever shall arise between the Employer and the Contractor upon or in relation to or in connection with the contract either party forthwith give to the other notice in writing of the existence of such question, dispute or difference and the sa...
Tag this Judgment!Phoolchand JaIn and ors. Vs. Registrar, Public Trusts, Satna, M.P. and ...
Court: Madhya Pradesh
Decided on: Feb-22-1973
Reported in: AIR1974MP55; 1973MPLJ658
Tare, C.J. 1. This is a petition under Articles 226 and 227 of the Constitution of India, against the order, dated 2-5-1972 (Petitioner's Annexure-C). passed by the Sub-Divisional Officer. Raghurajnagar, appointing trustees in place of other trustees and imposing a fine of Rs. 250/-, purporting to act under Section 33(2) of the Madhya Pradesh Public Trusts Act, 1951, for an alleged contravention of Section 25 (2) of the said Act. The petitioners challenged the said order mainly on the grounds that the Sub-Divisional Officer. Raghurajnagar, had no jurisdiction to exercise the powers of the Collector as Registrar of Public Trusts and secondly, he had no territorial jurisdiction, which according to the petitioners, vested in the Sub-Divisional Officer, Nagod. The further ground urged on behalf of the petitioners is that the power to remove the trustees did not vest in the Registrar of Public Trusts, but the same could be exercised by the District Court only and, in any case, no fine could...
Tag this Judgment!Firm Sitaram Shyamsunder Vs. Ganpatlal Sharma and anr.
Court: Madhya Pradesh
Decided on: Feb-19-1973
Reported in: AIR1973MP233
Tare, C.J.1. This Is a revision by the second defendant against the order, dated 21-4-1972. passed by the District Judge. Bilaspur, setting aside the order of the trial Court dated 21-8-1971. passed in Civil Suit No. 32-A of 1971. The trial Judge had held that the Court at Bilaspur had no jurisdiction to try the suit and, therefore, the plaint was directed to be returned for presentation to proper Court, namely, the Court at Janjgir, where both the parties reside. On an appeal, the learned District Judge, however, set aside that order and held that the Court at Bilaspur had jurisdiction to try the suit as the notice under S. 80 of the Code of Civil Procedure being a part of the cause of action, furnished the Bilaspur Court jurisdiction to try the suit as the notice had been served on the Collector, Bilaspur, who accepted it on behalf of the State of Madhya Pradesh. That view of the learned District Judge was based on the view of Sharma, J. in State v. Prem Narayan Gupta Civil Revn. No,...
Tag this Judgment!Gajanan Saw Mill Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-13-1973
Reported in: AIR1973MP235
Tare, C.J.1. This order shall govern the disposal of all the Writ petitions mentioned above. We propose to deal with these Writ petitions in two groups. In one group will be Writ Petition No. 684 of 1972-- Babulal & Co. v. The State of M. P. and Ors. In the other group will be all other Writ 'petitions in which facts are similar. The only distinction between these two groups is that in the case of Babulal & Co. v. The State of M. P. (M. P. No. 684 of 1972), the forest authorities had communicated to the petitioner. Babulal. acceptance of his highest bid and he was delivered possession of the coupe and it is his allegation that work had already been started and subsequently he was asked to stop the work and hand back possession to the forest department. In all other cases either no orders were passed regarding acceptance of the highest bids or in some cases orders had been passed by the proper authorities and the same had been communicated to the subordinate forestofficers. But. such or...
Tag this Judgment!Pannalal Vs. Income-tax Officer, B-ward and ors.
Court: Madhya Pradesh
Decided on: Feb-13-1973
Reported in: [1974]93ITR480(MP); 1973MPLJ866
G.P. Singh, J.1. This is a petition under Article 226 of the Constitution and is directed against a seizure of currency notes of the value of Rs. 2,02,500 by the Income-tax Officer, B-Ward, Chhindwara, under Section 132 of the Income-tax Act, 1961. 2. The petitioner No. 2 firm, Messrs. Chunnilal Nahta, is a firm carrying on business in gold and the petitioner No. 1, Pannalal, is a partner of that firm. On 15th October, 1971, the shop and residential premises of the petitioners were searched by the Collector of Customs and Central Excise, M.P. and Vidavbha, and the Central Excise Officers of Nagpur, under the authority of a search warrant. In the search currency notes of Rs. 2,02,500 and gold coins, sikkas, and ornaments weighing 812.400 gms. were seized by the Central Excise authorities. By an order passed on 18th December, 1973, the Collector of Customs and Central Excise held that the currency notes of Rs. 2,02,500 and the gold ornaments weighing 361*450 gms. had not offended any pro...
Tag this Judgment!Abdul Majid Vs. State Transport Authority, M.P., Gwalior and ors.
Court: Madhya Pradesh
Decided on: Feb-07-1973
Reported in: AIR1973MP213; 1973MPLJ544
Tankha, J.1. This is a writ petition filed by petitioner Abdul Majid for issue of a writ of certiorari for the purpose of quashing the order dated 5-10-1972 passed by the Secretary. State Transport Authority, Madhya Pradesh, in favour of respondent No. 4 of the inter-State route Mahoba-Jhansi.2. The petitioner is the holder of a stage carriage permit for Jhansi-Mahoba route as nominee of Uttar Pradesh; while respondent No. 4 is holding a permit for Mahoba-Jhansi route as nominee of Madhya Pradesh. They are operating their services on the basis of a reciprocal agreement entered into between the State of Madhya Pradesh and the State of Uttar Pradesh. The permit of respondent No. 4 was valid upto 21-10-1972. He applied for grant of renewal of his permit on 26-6-1972 under Section 58 of the Motor Vehicles Act 1939 (hereinafter referred to as the Act) to the State Transport Authority which had granted the said permit. No application for renewal of counter-signature of the permit was made ei...
Tag this Judgment!Bipatlal Jaiswal Vs. Regional Transport Authority, Jabalpur and ors.
Court: Madhya Pradesh
Decided on: Feb-05-1973
Reported in: AIR1973MP209; 1973MPLJ451
Raina, J.1. This a petition under Articles 226 and 227 of the Constitution 2. The petitioner is a passenger transport operator and had applied for a stage carriage permit for Mandla-Dindori route in lieu of permit No. 19/61 of National Transport Service Co-operative Society, Limited, Jabalpur. The permit was valid up to 19-4-1970. On 25-2-1970 the petitioner filed an application for grant of stage carriage permit for the Mandla-Dindori route in lieu of renewal of the permit. Three more applications were submitted by the following operators for grant of stage carriage permit for the said route.Name of the applicantsDate of application(i) Jabalpur Transport Development Co Jabalpur.3-3-1970(ii)Dalbir Singh s/o Tara Singh Jabalpur.4-3-1970(iii) Gourishanker Rawat5-3-19703. The application of the petitioner along with the above 3 applications was published in the Madhya Pradesh Rajpatra dated 10-4-1970 in accordance with the provisions of Sub-section (3) of Section 57 of the Motor Vehicles ...
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