Court : Madhya Pradesh
Decided on : Dec-16-1975
Reported in : AIR1976MP175
Singh, J.1. This judgment shall also govern the disposal of First Appeals Nos. 31, 32, 33, 34 and 35 all of 1972. All these appeals have been preferred by the State of Madhya Pradesh and they arise out of six suits filed against the State by six excise contractors for damages for non-supply of country liquor.2. The plaintiffs in these suits were granted licences for the retail sale of country liquor under the supply system for shops in Balaghat District for the year 1967-68. The grant of licences was preceded by auction and the plaintiffs were the successful bidders as a result of which they received the licences. The plaintiffs were to pay the licence fee mentioned in the licences. The plaintiffs were to receive supply of liquor from the Government Warehouse on payment of price at issue rates mentioned in the licences and they were required to sell the same at the selling rates also mentioned in the licences. The case of the plaintiffs was that because of shortage of liquor in the war...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-10-1975
Reported in : AIR1975MP196
A.P. Sen, J. 1. This appeal, filedby the plaintiff Durga Prasad, is directed against the Judgment and decree of the Additional District Judge, Chhind-wara, dated 25-7-1970, decreeing his claim for damages for Rs. 36,000/- for wrongful extraction and sale of about 1,800 tons of manganese ore against the defendant No. 1, Mst. Parveen Foujdar, together with interest at 4% per annum thereon from the date of the decree i.e., from 25-7-70 till realisation, as against his claim fox recovery of damages amounting to Rupees 50,000/- for loss of profits due to wrongful extraction and sale of manganese ore, and dismising his suit against the other defendants, including the defendant No. 3, the State of Madhya Pradesh.By the appeal, the plaintiff seeks a modification of the decree, and prays that the dismissal of the suit against the defendant No. 3, the State of Madhya Pradesh be set aside, and a decree for Rupees 50,000/- as damages be passed against the defendants Nos. 1 and 3. There is no appea...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-27-1975
Reported in : AIR1976MP216
Shiv Dayal, J.1. At the instance of Mandir Shri Laxminarain, respondent No. 1 (hereinafter called the respondent-Mandir), proceeding started on July 27, 1964, in the court of the Sub-Divisional Officer, Sabalgarh, district Morena, under Section 168(4) of the M. P. Land Revenue Code, 1959, (hereinafter called the Code) for the ejectment of Fosuram, who died during the pendency of these proceedings, and whose legal representatives are the petitioners, Ramhet and Raghu-nandan alias Raghunath. The applicants' case was that the non-applicant Fosuram was a sub-lessee. By notice, he was asked to desist from culivation from July 1, 1964 after cutting the Rabi crop. The application was resisted by the non-applicants.2. The Sub-Divisional Officer, by his order dated December 6, 1966 directed ejectment of the non-applicants. They appealed. By his order dated June 22, 1966. the Collector allowed the appeal and dismissed the application. The respondent-Mandir preferred a second appeal, which was al...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-31-1975
Reported in : AIR1977MP112
S.M.N. Raina, J.1. This is an appeal arising out of an execution case.2. The respondents had filed a suit against the appellant for ejectment and arrears of rent. In the said suit a com-promise decree was passed on 1-9-1971-Under the said decree, the appellant was to pay Rs. 10,596/- to the respondents in instalments as under:Amount.Dateof Payment.1.Rs.3,000/-30-1-19722.Rs.1,667/-30-4-19723.Rs.1,977/-30-1-19734.Rs.1,976/-30-1-1974Total--Rs.10,596/-(sic)It was further agreed that from 1-5-1972 the appellant shall pay a sum of Rupees 127/- per month to the respondents on account of damages for use and occupation of the accommodation in his occupation and in case he paid the instalments and monthly amount of damages as specified in the decree, he shall be entitled to continue as tenant of the accommodation on the old rate of rent; but if he committed any default in the payment of any of the instalment or the monthly amount of damages, he shall deliver possession of the accommodation to th...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-09-1975
Reported in : AIR1976MP55
Shiv Dayal, J.1. 'Whether a transferee of part of the property leased can terminate the lease with respect to the part transferred to him by giving quit notice to the tenant.'2. The plaintiff, Dr. Riyazuddin, averred in the plaint that he purchased a portion of Nazul Plot No. 40/2, measuring 89' x 108', from its previous owner E. Ashok Rao and others, by a registered deed of sale, The vendors simultaneously delivered possession of the plot. The suit plot had been taken on lease by B. P. Pathak (defendant No. 1) from the plaintiffs predecessor-in-title for storing coal, etc. on a monthly rent of Rs. 5/-, when he worked as a coal contractor. Later on, B. P. Pathak unauthorisedly erected temporary structures and sublet the same to defendants Nos. 2 and 3 for being used for residential purposes, keeping a portion for himself. The remaining portion of the land is being used for growing vegetables by defendant No. 4, at the instance of defendant No. 1. The occupation of defendants Nos. 2 and...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-17-1975
Reported in : AIR1976MP76
J.S. Verma, J.1. The petitioner seeks a writ for quashing the notification dated 8-12-1972 (Annexure A) under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the Act) on the ground that it does not satisfy the require ments of the provision and consequently the entire requisition proceedings. The petition came up for hearing before a Division Bench and reliance was placed on behalf pf the petitioner on the decision of a Division Bench (Oza and Muley JJ.) in Deva v. State of M. P. (Misc. Petn. No. 63 of 1974 (Indore) decided on 29-9-1975) to contend that a valid notification under Section 4(1) of the Act requires the particular survey number of each land to bespecified therein and mention of the locality alone without specifying the survey numbers was insufficient. Tne Division Bench itself noticed the conflict between the decision in Deva's case (supra) and that of another Division Bench in Christian Fellowship (Hospital) Bajanandgaon v. State of M. P. (1973 MPLJ 1...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-07-1975
Reported in : AIR1975MP212
Malik, J.1. These three petitions were heard together. The petitioners in these petitions have been affected by the implementation of the nationalization scheme No. 24. Their permits have either been curtailed or cancelled and, therefore, they have come to this Court seeking a writ of certiorari for the purpose of quashing the orders of the Regional Transport Authority affecting them,To begin with Gulabchand Gupta, he seeks a writ of certiorari to quash the order of the Secretary, Regional Transport Authority, Rewa (his Annexure 'D') dated the 14th July, 1970, whereby his permit has been curtailed, and that of the Regional Transport Authority dated the 19th October, 1972 (His Annexure 'G'), whereby the renewal of permit for the whole route has been refused, The Regional Transport Authority has instead renewed the permit for the curtailed route.2. The petitioner, Gulab Chand Gupta, held a stage carriage permit on Mou-ganj Sonouri route via Deotabab-Garh-Sohagi-Teonthar-Sohagi-Chak as in...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-17-1975
Reported in : AIR1976MP208
J.S. Verma, J.1. This first appeal is by defendant No. 1 against the judgment and decree dated 18-1-1965, passed by the Additional District Judge, Shajapur, in Regular Civil Suit No. 2-B of 1962.2. The suit is to recover damages for personal injuries sustained by the plaintiff in a motor accident on 4-5-1961 at about 4 P.M. near the Dak Bungalow at Shajapur, when a jeep MPZ 1020 belonging to defendant No. 1 and driven by defendant No. 2 Yusufkhan collided headlong with the Ambassador car BMS 5800 owned by the plaintiff in which the plaintiff was travelling on his way from Bombay to Calcutta. The collision took place about 40 feet outside the gate of the Dak Bungalow when the plaintiff's car was going to the Dak Bungalow and the Jeep was coming out of it. The plaintiff alleges that the Jeep was being driven rashly and negligently by its driver and it came out abruptly from the gate of the Dak Bungalow giving no opportunity to the car driver to avert the collision. Injuries were sustaine...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-22-1975
Reported in : AIR1975MP209
Oza, J.1. This petition has been filed by the petitioners against an order dated 29-10-1971 passed by a Member, Board of Revenue, exercising powers under Section 56 of the Indian Stamp Act.2. The facts giving rise to the present petition are that on 19-4-1957 Krishna Ginning Factory including the land situated at Zinga Khoh, Agar, Tehsil Agar, District Shajapur, was mortgaged by the Joint Hindu family of Munshiram Gopalji Vithaldasji through its 'Kartas' Shri Shankar Bhan Das S/o Munshiram Gopal and Purushottamdas S/o Munshiram Vithaldasji with Shri Ram-kishan Gopilal Goyal. Then Shri Ramkishan Goyal gave this factory on lease to Messrs Jain Brothers, a registered partnership firm of Agar of which respondents Nos. 4 5, 6 and 7 are partners. The lease was given with the consent of the mortgagor and possession of the factory was also delivered to M/s Jain Brothers. On 6-5-66, 'Kartas' of the Hindu Undivided family Munshiram Gopal Vitthaldas created a subsequent mort-gage of the said fact...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-03-1975
Reported in : AIR1975MP223
Singh, J. 1. The petitioner by this petition under Articles 226 and 227 of the Constitution challenges the validity of Section 7 of the Madhya Pradesh Nirashriton Ki Sahayata Adhiniyam (Act 12 of 1970), hereinafter referred to as the Act, which authorises a local authority to levy a cess on lands and buildings within its local area. The petitioner also challenges the imposition and assessment of the cess and the bills issued to him for payment of tax on various grounds, An earlier challenge to the Act was negatived by this Court in Bhagwandas v. State of M. P., 1972 MPLJ 568 = (AIR 1972 Madh Pra 95). Grounds of challenge covered by that decision have not been repeated before us. 2. The petitioner is the owner of house No. 97, situated within the limits of the Municipal Corporation, Indore. The In-dore Corporation was superseded by the State Government on 10th July 1970 and since then the Administrator appointed by the State Government carries on the duties of the Corporation. The Admin...
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