Court : Madhya Pradesh
Decided on : Feb-06-1975
Reported in : AIR1975MP132
Tare, C.J.1. This case was refer-red by a Single Bench to consider thequestion whether during the pendency of a stay order passed by the High Court in a Civil Revision, the trial Court could Pass an order of attachment before judgment under Order 38, Rule 5 of the Code of Civil Procedure.2. The facts leading to the present reference are as follows. The respondent is the land-lady and the petitioner is her tenant. The respondent filed a suit for eviction and for recovery of arrears of rent, which is registered as Civil Suit No. 210-A of 1970. The trial Judge passed an order, dated 16-2-1971, striking out the defence of the present petitioner on the ground mentioned in Section 13 (2) read with Section 13 (6) of the M. P. Accommodation Control Act, 1961. Against that order, the defendant filed a revision in this Court, which was registered as Civil Revision No. 312 of 1971. This Court, by its order, dated 24-9-1971, allowed the revision and remanded the case to the trial Court for a fresh...
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 : Mar-06-1975
Reported in : AIR1976MP18
Tankha, J. 1. The petitioner by this writ petition under Articles 226 and 227 of the Constitution is seeking a prayer for the quashing of the order dated 6-6-1970 (Annexure-A) passed by the Regional Transport Authority, Jabalpur (respondent No. 2) and the order dated 21-5-1973 (Annexure-E) passed by the State Transport Appellate Authority, Gwalior (respondent No. 1).2. Brief facts leading to the present petition are that the Regional Transport Authority, Jabalpur (respondent No. 2) after determination of the scope for the grant of one return trip permanent stage carriage permit for Balaghat Lanji via Rajegaon and Kirnapur route invited applications for the purpose under Section 57(2) of the Motor Vehicles Act (hereinafter referred to as 'the Act'). It may be mentioned here that the said route is intra-regional lying wholly within the State of Madhya Pradesh. In pursuance of the notification, the petitioner and two others applied for the fresh grant and their applications were published...
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 : 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...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-21-1975
Reported in : (1977)IILLJ444MP
ORDERG.P. Singh, J.1. By this petition under Article 226 of the Constitution the petitioner challenges an order dated 1lth October, 1974 passed by the Inspector General of Prisons, dismissing the petitioner from service.2. The petitioner, at the relevant time, was in service of the Government of Madhya Pradesh as a Deputy Jailor. He was incharge Jailor of Alirajpur jail. On 1st June, 1972, twenty six prisoners were able to make good their escape from the jail between 12 noon and 1 p.m.. There was a departmental enquiry against the petitioner. Three charges were levelled against him in that enquiry. The first charge was that there was failure to discharge his duties as incharge Jailor including lack of supervision leading to laxity in observance of Security Rule. The second charge was that the petitioner never checked and verified that the gates of the jail ware locked in accordance with the Rules. The third charge was that the petitioner sent Guard Jairam, who was on duty at the gate, ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-11-1975
Reported in : AIR1976MP11
Raina, J.1. This is a petition for a writ of habeas corpus under Article 226 of the Constitution.2. The petitioner carries on the. business of embroidery at Naya Sarafa, Lashkar, Gwalior. On 29-10-1974, the District Magistrate, Gwalior, passed an order of detention against tbe petitioner under Sub-clause (ii) of Clause (a) of Sub-section (1) of Section 3 of the Maintenance of Internal Security Act, 1971 (hereinafter referred to as 'the Act') vide An-nexnre P-1. On 29-10-74, the petitioner was furnished with the grounds of detention vide Annexure P-2, He submitted a representation against the order of detention to the Government. Thereupon, the case of the petitioner was referred to the Advisory Board. The Board approved the order of detention and, after considering the report of the Advisory Board, the State Government confirmed the order of detention. So far, the facts are not in dispute.3. The petitioner has challenged the order of detention on a number of grounds in this petition an...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-01-1975
Reported in : AIR1976MP35
Bajpai, J. 1. This petition has been heard along with M. P. No. 1169 of 1974 (Sardar Bahu and another v. The State of Madhya Pradesh and 2 others), since both the petitions are based on similar facts and common grounds and are against the common notifications under Sections 4 and 6 of the Land Acquisition Act. Shri S. L. Jain, learned counsel appearing for the petitioners, in both the cases, had also made the statement that the arguments put forth in this petition will also be adopted for the other petition, i.e. M. P. No. 1169/ 74. Under these circumstances, the order passed in this case will also govern the disposal of M. P. No, 1169/74.2. Certain agricultural lands belonging to the petitioners in both the cases have been acquired in accordance with the provisions of the Land Acquisition Act for the purposes of establishing industry in Sagar district and the said purpose has been declared as public purpose for which acquisition has been made by the State Government Notifications unde...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-12-1975
Reported in : AIR1976MP119
Shiv Dayal, J. 1. By this petition under Arts. 226 and 227 of the Constitution the petitioner, Col. Sardar Angre, has sought a writ of certiorari to quash the order of the Commissioner dated Dec. 14, 1962, and the order of the Board of Revenue, dated Sep. 22, 1969, and a writ of mandamus directing the State of Madhya Pradesh and the Commissioner not to deduct the amount of Rs. 1,33,897/8/3 from the amount of compensation payable to him under the M. B. Abolition of Jagirs Act, 1951, and to enhance the compensation to the extent of Rs. 3,738/- (being 7 times of Rs. 534/- representing the Tanka of village Bhaisakhedi).2. The petitioner Col. Sardar Angre was a Jagirdar of Tahsil Nevri Bhorasa and Panbihar in the erstwhile Gwalior State. In 1948, by merger of several princely State, a new State of Madhya Bharat was constituted. Under the Madhya Bharat Abolition of Jagirs Act, 1951, (hereinafter referred to as the Abolition Act), the petitioner's Jagir was resumed on December 4, 1952, under ...
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