Court : Madhya Pradesh
Decided on : Feb-17-1977
Reported in : AIR1977MP199
Sharma, J.1. The Division Bench hearing this appeal felt that the Full Bench decision of this Court in Ratan-chand Firm v. Rajendra Kumar, 1969 MPLJ 672 : (AIR 1970 Madh Pra 1 (FB)) required further consideration. The question formulated for opinion is as follows:--'In appeal by the landlord against the dismissal of his suit for eviction under Sub-section (5) of Section 13 of the Act, is the landlord entitled to succeed if the tenant commits any default in the payment or deposit of current rent during the pendency of the appeal, even though the suit was rightly dismissed, as the tenant had fully complied with the provisions of Sub-section (1) of Section 13 of the Act upto the date of dismissal of the suit?'2. The plaintiffs-appellants had filed a suit for recovery of arrears of rent, damages, notice charges and ejectment from the suit premises against the respondent-defendant. This suit admittedly was on the ground provided in Section 12 (1) fa) of the M. P. Accommodation Control Act, ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-10-1977
Reported in : AIR1978MP218; 1978MPLJ562
..... of plots by public auction and also the cost incurred in developing the land (annex. e).36. some reference was made before us to the standards for determining compensation under section 45 of the gwalior state town improvement act; prescribed rates were between 0 ..... with my aforesaid opinion for its final decision according to clause 26 of the letters patent.final order 84. in accordance with the opinion of the third judge, the petition is allowed. the award dated april 27, 1970, of the land acquisition officer is quashed. the matter shall be remitted to the land acquisition ..... amount received by the town improvement trust as the value of the land acquired, is arrived at rupees 36,002.21 p.39. i, however, notice that per annexure f, the improvement trust sold six plots to the president, pratap education society, lashkar ..... bada, which is in naya bazar, one of the most prominent and flourishing localities of gwalior. the distance of the plot from the main road is hardly 150 feet.32. furthermore, on one side of the land in question, there was a nala, to be developed. the land was uneven, about 2 feet below ..... section 18. therefore such a party would not be entitled to challenge the same proceedings indirectly in a writ petition.'12. in view of what has been stated above the petitioner is not entitled to any relief in this petition. consequently, this petition fails and is hereby dismissed. in the circumstances, we shall leave the parties to bear their own costs. the amount of security .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-20-1977
Reported in : AIR1978MP22; 1977MPLJ816
Singh, J. 1. The petitioner was holder of permit No. 29 of 1972 for the route Guna-Sironj. The permit was valid up to 27th May 1975. The petitioner applied for renewal of his permit on 26th August 1574. This application was published in the Gazette dated 18th Oct., 1974. The Gazette publication contained a footnote inviting fresh applications for the route within 30 days. Respondents 3 and 4 made applications for the grant of permit on the said route on 9th and 12th Nov., 1974 respectively. Their applications were published in the Gazette in March 1975 inviting objections within 30 days. The petitioner then filed this petition under Article 226 of the Constitution in April 1975. The petitioner's contention in this petition is that the Regional Transport Authority should not have invited applications for fresh permit and that the Authority should be restrained from considering the applications of respondents 3 and 4 along with the application of the petitioner. 2. Learned counsel for th...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-16-1977
Reported in : AIR1978MP86; 1978MPLJ172
Shiv Dayal, C.J.1. The petitioner appeared in the LL.B. (Part-I) examination of the Awadhesh Pratap Singh Vishwavidyalaya, Rewa (hereinafter called the 'Rewa University') held in the month of April 1976. The University has not declared his result but has withheld it on the ground that he was not eligible to appear in the examination and his admission card was cancelled and consequently his examination has been cancelled. The petitioner seeks a writ of mandamus directing the University to declare his result.2. The petitioner appeared in the examination as an ex-student candidate. According to the University he was not eligible to appear as an ex-student candidate and, therefore, the admission card, which was issued to him was by mistake and consequently it was cancelled.3. The petitioner was a regular student of LL.B. (Part-I) in 1967 in the teaching department of the Saugor University. He did not succeed in the examination. In October 1975, he applied to the Registrar for permission to...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-15-1977
Reported in : AIR1978MP201; 1978MPLJ433
N.C. Dwivedi, J.1. This is an appeal by Smt. Yuvrani Tank Rajeshwari Devi, the petitioner against the decision of the District Judge, Bilaspur, in Misc. Judicial Case No. 2 of 1970 decided on 24th Dec. 1971 whereby her petition under Section 263 of the Indian Succession Act was dismissed.2. Late Raja Bahadur Leeladhar Singh was the ex-ruler of Sakti and left behind him his widow Smt. Indumati Devi respondent No. 2, Smt. Rajkumari Gyanda Devi respondent No. 5 is the daughter of late Raja Bahadur Leeladhar Singh. Yuraj Jivendranath Bahadur Singh was the pre-deceased son of late Raja Bahadur Leeladhar Singh. He left behind him his two sons. Surendra Nath Bahadur Singh and Pushpendra Nath Bahadur Singh, respondents 3 and 4 respectively and the petitioner his widow.3. Respondent No. 1 had filed a petition in the Court of District Judge, Bilaspur for obtaining a probate in respect of a will executed by late Raja Bahadur Leeladhar Singh. This was registered as Civil Suit No. 3-A of 1965. The ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-09-1977
Reported in : AIR1978MP122
G.P. Singh, J. 1. In this petition under Article 226 of the Constitution, one of the points raised is that Section 19 (c) (2) of the Madhya Pradesh Cooperative Societies Act, 1960, is ultra vires for two reasons: First, that it offends Article 19(1)(c) of the Constitution; and secondly, that it suffers from excessive delegation. When the petition came up for admission before a Division Bench (K. K. Dubey and R. K. Tankha, JJ.), the learned Judges referred the petition to a Bench of five Judges. It was also impliedly indicated that the Bench of five Judges would first consider the question whether, when in a petition the constitutional validity of a State law is raised, the petition can be placed before a Bench of two Judges for purposes of admission in view of Article 228A of the Constitution. It is on this question that we have heard arguments and it is this question which. I proceed to decide by this order. 2. Under the rules of the High Court made in exercise of the powers conferred...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-21-1977
Reported in : AIR1978MP24; 1977MPLJ311
Dwivedi, J. 1. This is a petition by the two petitioners Shrimati Usha Devi Dixit and Raviprakash Dixit, mother and father respectively, for a writ of habeas corpus directing the respondents to produce their son Manish Dixit alias Babloo aged about 41/2 years and for his custody to them. 2. The petitioners' case is this: They were married according to Hindu rites at Kanpur on 3-7-1971. Out of their wedlock, Manish Dixit was born on 17-6-1972 and was living with the petitioners. Respondents 1 and 2 are the father and uncle of petitioner No. 2 who is living separate from them since 1967. The petitioners are living with Reva-shanker Dixit at Sehora since 20-6-1967. On 8-11-1976, at 8.30 p.m., the respondents, armed with lathis, entered inside the house of the petitioners and forcibly took away their son Manish Dixit alias Babloo in spite of their protests and against their wishes. Since then, their minor son is living with the respondents. The petitioners approached the police and the Sub...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-03-1977
Reported in : 1978MPLJ21; [1978]41STC330(MP)
ORDERC.M. Lodha, J.1. By this petition under Article 226 of the Constitution of India, the petitioner has challenged the correctness of the order dated 10th December, 1973, passed by the Assistant Sales Tax Officer, Gwalior and the order dated 7th April, 1975, passed in revision by the Divisional Deputy Commissioner, Sales Tax, Gwalior, upholding the order of the Assistant Sales Tax Officer dated 10th December, 1973.2. The petitioner deals in industrial gas. While assessing his turnover for the year 1970-71, i. e., from 1st April, 1970, to 31st March, 1971, the Assistant Sales Tax Officer (who will hereinafter be referred to as the assessing authority) included Rs. 8,223.30 purporting to be the forwarding charges in the sale price and charged sales tax over it. The petitioner had a right to go in appeal against this order under Section 38(1) of the M.P. General Sales Tax Act, 1958 (which will hereinafter be referred to as the Act). He had also the remedy by way of second appeal to the ...
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