Madhya Pradesh Court April 1979 Judgments
Onkarmal Radhakishan Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-25-1979
Reported in: AIR1979MP133; 1979MPLJ538
B.C. Varma, J.1. By this writ petition under Article 226 of the Constitution of India, the petitioner, which is a partnership firm, challenges the levy and collection of fee by the Krishi Upaj Mandi Samiti, Rajnandgaon (respondent No. 2) on the groundnut oil imported by the petitioner within the market area of that. Krishi Upai Mandi.2. The petitioner trades in pulses, oil-seeds and oil in Rajnandgaon within the market area of Krishi Upai Mandi, Rajnandgaon. It imported and sold ground nut oil within the market area of the Krishi Upaj Mandi. Consequently, respondent No. 2 levied fee under Section 20 of the Madhya Pradesh Agricultural Produce Markets Act, 1960, on the groundnut oil brought and sold by the petitioner within the market area for the period between 1-4-1971 to 31-12-1971. The petitioner objected to this levy of fee. The objection was rejected by respondent No. 2, vide its order, dated 26-12-1972. Thereupon, respondent No. 3, who is In-charge Recoveries of Krishi Upaj Mandi ...
Tag this Judgment!Mrs. Tara Malik Vs. the State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Apr-21-1979
Reported in: AIR1979MP188; 1979MPLJ555
G. P. Singh, C.J. 1. This order shall also dispose of Misc. Petns. Nos. 181 and 192 both of 1974.2. The petitioner in Misc. Petn. No. 40 of 1973 is the owner of Block No. JFG HI forming part of Bungalow No. 9 of Kings-way situated within the limits of the Jabalpur Cantonment. The petitioners in Misc. Petn. No. 181 of 1974 are owners of the building known as Navneet Talkies which is also situated within the limits of the said Cantonment. The petitioners in Misc. Petn. No. 192 of 1974 are owners of the plot of land over which Navneet Talkies stands and which was leased out by them for construction of the cinema building. The petitioners in all these petitions which are filed under Articles 226 and 227 of the Constitution, pray that the extension of the Madhya Pradesh Nagariya Sthawar Sampatti Kar Adhiniyam, 1964, to Cantonment areas be declared ultra vires of the Constitution.3. The Adhiniyam was enacted by the Madhya Pradesh State Legislature and it came into force on 1st April 1964. Se...
Tag this Judgment!Ramibai and anr. Vs. Harchand and ors.
Court: Madhya Pradesh
Decided on: Apr-19-1979
Reported in: AIR1980MP75
G.L. Oza, J. 1. This second appeal has been filed by the appellants against the Judgment and decree passed by Civil Judge Class II Narayangarh and maintained on appeal by the Additional District Judge, Mandsaur. 2. The appellant-defendants submitted an application before the Tehsildar Malhargarh under Section 131 of the Madhya Pradesh Land Revenue Code (hereinafter referred to as 'the Land Revenue Code') for a right of way to approach the agricultural lands in their possession. The Tehsildar, after examining the evidence and also visiting the spot and hearing the parties, by his order dated 30-3-1966 allowed the application of the appellants and granted them way through the lands of the plaintiff-respondents. This order passed toy the Tehsildar was ultimatelyaffirmed by the Board of Revenue, Thereafter the respondents filed the present suit seeking an injunction restraining the appellants from using the right of way granted by the revenue tribunals. It was alleged in the plaint that th...
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