Madhya Pradesh Court July 1974 Judgments
Deepchand and anr. Vs. Land Acquisition Officer, Collector Rajgarh and ...
Court: Madhya Pradesh
Decided on: Jul-30-1974
Reported in: AIR1975MP55
Sohani, J.1. This appeal is directed against an order dated 29th April 1969 passed by the Additional District Judge Rajgarh in Civil Miscellaneous Judicial Case No. 3 of 1965.2. The facts giving rise to this appeal briefly are as follows: the Land Acquisition Officer Rajgarh made a reference under the second proviso to Sub-section (1) of Section 49 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) for determination of the question as to whether the land in question, which was being acquired by the Land Acquisition Officer for the Municipal Committee Biora, formed an integral part of the appellants' factory and Office buildings. The learned Additional District Judge Rajgarh by his order dated 29th April 1969 held that the land proposed to be acquired did not form an integral part of the appellants' factory and office buildings. Aggrieved by this decision the appellants have preferred this appeal.3. When this appeal came up for hearing a preliminary objection was rai...
Tag this Judgment!The Oudh Sugar Mills Ltd. Vs. the State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Jul-29-1974
Reported in: AIR1975MP125; 1974MPLJ877
Tare, C.J.1. This is a petition under Articles 226 and 227 of the Constitution of India, seeking to have the order of the second respondent, Collector, Jabalpur, dated 6-9-1973 (Petitioner's An-nexure O) quashed as also the prosecution launched against the petitioner quashed on the grounds that the seizure of Van-sada (vegetable oil) tins by the Collector was illegal inasmuch as the petitioner being a producer, did not at all require a licence under the Madhya Pradesh Hydrogenated Vegetable Oil Dealers' Licensing Order, 1966.2. The petitioner in the amended petition has prayed for the following reliefs :(a) declare by an appropriate writ, order or direction the provisions of the Madhya Pradesh Hydrogenated Vegetable Oil Dealers' Licensing Order, 1968, as ultra vires and illegal, by further quashing all actions taken by the respondents either by themselves or through their agents, employees, servants against the petitioner and their employees in pursuance thereof; (b) quash by an approp...
Tag this Judgment!Narsoo Vs. Madan Lal and ors.
Court: Madhya Pradesh
Decided on: Jul-25-1974
Reported in: AIR1975MP185
Bhave, J. 1. In the Letters Patent Appeal there was difference of opinion be- tween Justice Shiv Dayal and Justice Singh who heard the apoeal. The case has, therefore, been referred to me. 2. In the village in question Khasra No. 165 is a village tank, bounded on all sides by embankments. Immediately to the southern side of this tank is situate Khasra No. 164, belonging to the defendant. In an area of 3.32 acres which is sort of a depression rain water used to collect. This portion has no embankment. The excess rain water in this area used to flow in the tank Khasra No. 165. This area of Khasra No. 164 is known as 'Munda tank', not having embankments on all its sides. In the village papers it is recorded that the cultivators having their fields towards the eastern side of the tank Khasra No. 165 and the Munda tank in Khasra No. 164 have a right to use the water collected in those tanks for irrigating their fields. The natural slope in the village is from west to east, As a result of th...
Tag this Judgment!Smt. Satyabhamadevi Choubey Vs. Ramkishore Pandey
Court: Madhya Pradesh
Decided on: Jul-11-1974
Reported in: AIR1975MP115
Raina, J. 1. This is a Letters Patent Appeal against the decision of the learned Single Judge (G. P. Singh, J.) in Second Appeal No. 1015 of 1973 arising out of a suit for ejectment, arrears of rent and mesne profits.2. This case has evoked considerable interest since senior Advocates of this Court are arrayed on either side. The plaintiff-appellant is the wife of Shri A. R. Choubey, a senior Advocate of this Court, while the defendant Shri R. K. Pandey is also an equally senior Advocate of this Court, In order to avoid bitterness and to promote good relations between the two, the learned Single Judge made a sincere effort to settle the dispute amicably; but his efforts bore no fruit. This Bench too made a suggestion in this connection; but it gained no ground.3. The material facts of this case, which give rise to this appeal, are as follows :4. The defendant has been occupying the house in suit bearing No. 1716, Napier Town, Jabalpur, as a tenant since 1959 on a monthly rent of Rs. 15...
Tag this Judgment!Santoshchandra and ors. Vs. Smt. Gyansundarbai and ors.
Court: Madhya Pradesh
Decided on: Jul-01-1974
Reported in: AIR1975MP193; 1974MPLJ679
Raina, J. 1. This is an appeal by the plaintiffs from the judgment and decree of the Court of Additional District Judge, Betul dismissing their suit for a declaration and injunction. 2. The plaintiffs are the sons of Tekchand respondent No. 2. Tekchand was the adopted son of Jethmal. Mst. Jhunnobai, who was the original defendant No. 1 was the widow of Jethmal. Jhunnobai died during the pendency of the suit and on her death her daughter Mst. Gyansundarbai respondent No. 1 was brought on record as her legal representative. Mst. Tarabai, defendant-respondent No. 3 is the wife of Tekchand. 3. Jethmal died in the year 1947. During his lifetime he had acquired 3 houses. Out of them one was sold by him. So far the facts are not in dispute. The case of the plaintiffs is that the relations between Tekchand and Smt. Jhunnobai being strained, Jethmal made a family arrangement in June, 1946. Under this arrangement he gave a sum of Rs. 12,000/- to Mst. Jhunnobai and she was also given right of res...
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