Madhya Pradesh Court July 1973 Judgments
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Bhagwat Narayan Dwivedi Vs. Kasturi D/O Ramdayal, A.N.M., Civil Dispen ...
Court: Madhya Pradesh
Decided on: Jul-31-1973
Reported in: AIR1974MP26; 1973MPLJ899
Shiv Dayal, J.1. This Bench has been constituted to hear this revision on a reference made by Mr. Justice Raina, because, in his opinion, the following question deserves to be decided by a Division Bench.'Whether the executing Court is bound to consider the application of a person in possession where he was not a party to the decree before he is dispossessed ?' 2. Facts material for this reference are that Kasturibai (respondent No. 1) obtained an ex parte decree for arrears of rent and ejectment against Yuvraj Singh (respondent No. 2) in respect of a house. To execute the warrants for possession and attachment, the Nazir went to the house on August 22, 1972. He could not deliver possession and made a report to the Court complaining, inter alia, that one Bhagwat Narayan claimed to be in possession of the house and refused to vacate it, unless there was an order against him. He claimed to be the tenant of one Sushilabai. When the decree-holder was asked to take possession, Bhagwat Naray...
Laxminarayan Vs. State of Madhya Pradesh, Bhopal and ors.
Court: Madhya Pradesh
Decided on: Jul-27-1973
Reported in: AIR1975MP71
Sen, J.1. This is a petition by Shri L.N. Trivedi, under Article 226 of the Constitution, directed against an order of the State Government dated the 25th June, 1970, for his removal as a councillor of the Municipal Council, Mahidpur, under the provisions of Section 41 (2) of the Madhya Pradesh Municipalities Act, 1961.2. Shortly stated, the facts are these: The petitioner is an Advocate of this Court, practising at Mahidpur. He was appearing as counsel against the Municipal Council in a suit wherein the plaintiff had claimed the relief of perpetual injunction against the Council. That suit was eventually decreed and the petitioner, as counsel, had put the decree into execution. He was elected as a councillor in December, 1968. Despite his election as councillor, he continued to appear as a counsel for the decree-holder in the execution proceedings. These proceedings were taken by the decree-holder under the provisions of Order 21, Rule 32 of the Code of Civil Procedure. Meanwhile the ...
Bhagwansingh Vs. Babu Shiv Prasad and anr.
Court: Madhya Pradesh
Decided on: Jul-13-1973
Reported in: AIR1974MP12; 1973MPLJ1059
Tankha, J. 1. The appellant-plaintiff has preferred this appeal against an order dated 10th May, 1972 passed by the Second Additional District Judge, Sagar, in Misc. Civil Appeal No. 21 of 1969.2. Brief facts of this appeal are that the appellant Bhagwansingh along with two others had filed Civil Suit No. 23-A of 1951 against the present two respondents with nine others for partition of certain agricultural lands which were held by them jointly. After the trial of the suit, the trial Court vide its order dated 24-1-1955 passed a preliminary decree for partition with the direction that the decree shall be transferred to the Collector under Section 54, read with Order XX, Rule 18 (1) of the Code of Civil Procedure for effecting the partition. It is an admitted fact that after the Collector partitioned the property, a final decree for partition was passed by the CivilCourt on 25-1-1960 in accordance with its decision. As it appears from the record that khasra No. 520/1 was allotted to the...
Than Singh and ors. Vs. Barelal and anr.
Court: Madhya Pradesh
Decided on: Jul-13-1973
Reported in: AIR1974MP24; 1974MPLJ145
Oza, J.1. This appeal has been filed by the plaintiff-appellants against the judgment passed by the Addl. District Judge, Vidisha, in Original Suit No. 2-A of 1968 wherein the plaintiff-appellants' suit was dismissed. The plaintiff-appellants filed the present suit for specific performance of contract for sale in respect of immovable property. The contract initially was executed by Prembai (since deceased) sister of respondent No. 1 and this contract was in favour of appellant No. 1 minor through next friend hislather appellant No. 2. The properties in-cluded agricultural land and a house for Rs. 11,000/-, out of which Rs. 2,000/- were paid in advance and Rs. 9,000/- were to be paid at the time of the sale. This contract was executed in writing and was registered on 25th October 1966. After the suit was filed the respondent defendants contested the suit on the ground that there was no privity of contract between him and the minor, but this plea raised by the defendant-respondent was in...
Ramlal Babulal Chaurasia Vs. the Collector, Satna and ors.
Court: Madhya Pradesh
Decided on: Jul-12-1973
Reported in: AIR1974MP38; 1973MPLJ907
Malik, J. 1. Petitioner Ramlal seeks a writ of certiorari to quash the calling of the meeting of the Municipal Council on 26-5-1973 for election of the President and Vice Presidents by the Sub-Divisional Officer, Maihar, vide Annexure 'A' and to quash the notification of the Collector. Annexure 'B' in so far it defines the term of office of the petitioner as President till 20th May, 1973.2. The facts may be briefly stated. General election of the Municipal Council. Maihar, was held on 20-7-1970. Election of the President and the two vice-Presidents took place on 11-5-1971. The petitioner was elected President and the appointment was notified on 21-5-1971. The petitioner entered upon his office from the date of this notification.The rival candidate Laxmi Narayan Saxena challenged the election of the petitioner as President before the District Judge having jurisdiction. His petition was dismissed. He came up in revision to this Court which was partly allowed. One ballot paper was held in...
Dr. H.N. Bhargava Vs. University of Sagar and anr.
Court: Madhya Pradesh
Decided on: Jul-09-1973
Reported in: AIR1974MP40; 1973MPLJ977
Malik, J. 1. This is a petition under Articles 226 and 227 of the Constitution praying that the resolution dated the 18th February, 1973, passed by the Executive Council of the University of Sagar appointing Dr. R. S, Saini (respondent No. 2) as professor of Zoology (Annexure 'B') be quashed.2. The relevant facts may be stated. Dr. H. N. Bhargava, the petitioner, and Dr. Saini, the respondent No. 2, are in the teaching staff of the University of Sagar. Dr. Bhargava was the senior Reader and Head of the department of Zoology and Dr. Saini was the Reader in the same department when the post of Professor was advertised in August, 1971. Both applied for the post. There were three more applicants. The selection and appointment of the teachers of the University was then governed by Section 47-A of the University of Sagar Act. 1946 (Central Provinces and Berar Act No. XVI of 1946) which now stands repealed by the Madhya Pradesh Vishwavidvalaya Adhiniyam. 1973 (Act No. 22 of 1973). The new Act...
The Madhya Pradesh State Road Transport Corpn. Vs. State Transport App ...
Court: Madhya Pradesh
Decided on: Jul-05-1973
Reported in: AIR1974MP44; 1974MPLJ160
Tare, C.J.1. This order shall also govern the disposal of Misc. Petition No. 159 of 1971 (The M. P. State Road Transport Corporation, through its General Manager. Bairagarh, Bhopal v. 1 State Transport Authority. Gwalior, and 2-M/s. Pahlairai Naraindas). Misc. Petition No. 307 of 1972 M/S (Pahlairai Naraindas v. Assistant Secretary, State Transport Authority. Gwailor and M. P. State Road Transport Corporation, through its General Manager. Bairagarh, Bhopal) and Misc. Petition No. 403 of 1967 -- (M/S. Prahlad Rai Naraindas v. State Transport Appellate Authority, M. P., Gwalior and three others).2. The facts leading to the filing of the Present petitions are as follows: In pursuance of an approved scheme for an inter-State nationalised route, there was a reciprocal agreement, entered into between the States of Madhya Pradesh and Uttar Pradesh for six trips on Mirjapur-Rewa via Hanumana route, which are to be operated by the nominees of the States of Madhya Pradesh and Uttar Pradesh. Prio...
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