Court : Madhya Pradesh
Reported in : AIR1976MP199
A.P. Sen, J.1. This appeal, preferred by the Union of India and the Chief Administrator, Dandakaranya Project, is directed against the judgment of the First Addl. District Judge, Raipur, decreeing the plaintiff's suit for recovery of Rupees 42,500 as damages for breach of a contract.2. The facts shortly stated are as follows. In 1964, the Dandakaranya Project was in immediate need of about 5,000 wooden poles for laying electric Transmission lines to the Mana Camp. The plaintiff had evidently approached the Chief Administrator in that connection. On 14-4-1964, whale Shri F. A. Lahiri, Conservator of Forests, Dandakaranya Project, was camping at Raipur, the plaintiff made a written offer, Ex. D-3, to the Chief Administrator, Dandakaranya Project for supply of 2,000 sal Electric Transmission poles at the rate of Rs. 40 per pole F.O.R. Kurud.The Conservator of Forests after obtaining the approval of the Chief Administrator by his memo. No. CF-64/1284, dated 18-4-1964, Ex. P-1, placed an or...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP146
Naik, J. 1. My opinion in this case shall also govern the disposal of Miscellaneous Petitions Nos. 144, 145 and 154 of 1960.2. All these petitions raise a common question of law, were heard together and can be disposed of by a common order. They are all directed against the orders of the Collector, Damoh, requisitioning the godowns of the petitioners for what he alleged was 'a public Purpose', viz., for storage of Government foodgrains. The orders have been passed in exercise of the powers conferred on all the Collectors under Section 3 of the Madhya Pradesh Accommodation (Requisition) Act (No. LXIII of 1948) (hereinafter called the Act), read with Section 14 thereof by the State Government vide Home (General) Department Notification No. 2866/II-A (3), dated the 3rd July, 1959. The petitions seek to get the said orders quashed by a writ of certiorari or by any other appropriate writ, order or direction, inter alia, on the following grounds, which are being considered first as they are ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1974]35STC242(MP)
P.K. Tare, C.J. and S.S. Sharma, J.1. The Board of Revenue, Madhya Pradesh, at the instance of the Commissioner of Sales Tax, Madhya Pradesh, has in this reference under Section 44(1) of the Madhya Pradesh Genera) Sales Tax Act, 1958, referred the following questions for the opinion of this court:(1) Whether, under the facts and circumstances of the case, the limitation for initiating the proceedings under Section 19(1) expired on 31st October, 1964, or on 31st December, 1964, ignoring the amendment by M. P. Act No. 20 of 1964 ?(2) Whether, in view of the facts and circumstances of the case, the period of limitation will extend to 31st December, 1967, in view of the aforesaid amendment made by Section 8 of M. P. Act No. 20 of 1964?2. The present reference arises on the following facts : The respondent, a trader liable to pay sales tax, was being assessed for the period from 1st April, 1959, to 31st October, 1959. The order of assessment was passed on 9th July, 1962. The department furt...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP135
A.H. Khan, J.1. This is a writ under Article 226 of the Constitution of India for the issue of writs of mandamus and prohibition against the State of Madhya Bharat and now against the successor Government, the Government of Madhya Pradesh.2. The facts giving rise to this petition are that the petitioner L. P. Hirway entered the service of the Gwalior State as a Judicial Officer in 1940; in 1946 he was dismissed by the Gwalior Government on account of- a frivolous prosecution launched against him, which was eventually withdrawal by the Government, He represented his case to the Gwalior Government, taut in the mean time the State of Gwalior merged in Madhya Bharat. The efforts of the petitioner to press his representation continued and it seems that on 2-11-49, the petitioner was appointed Judge, Labour Court (Madhya Bharat) on a temporary and provisional basis for sis months. He continued in this capacity beyond six months and while he was continuing as Labour Judge, his representation,...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1978MP218; 1978MPLJ562
Sharma, J.1. This is a petitionunder Articles 226 and 227 of the Constitution of India for issuance of a writ setting aside the Award, dated 27-4-1970, given by Land Acquisition Officer, Gwalior in Land Acquisition Case No. 8/56/23/7 (Annexure-B). The petitioner has also challenged Section 50 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') as being unconstitutional.2. The case of' the petitioner, a body corporate constituted under the Town Improvement Trust Act is that in the city of Gwalior near Jinsinala an open piece of land, commonly known as Garud Saheb ka Bada, 3 bigas and 5 biswas in area, was acquired for Housing Development Scheme. The petitioner has referred to the different notifications issued under Sections 4, 6 and 17 of the Act. Tahsildar, Gwalior obtained possession over the land and handed it over to the petitioner on 29-11-1957.3. Notification under Section 9 was also issued in the proceedings relating to the acquisition. Some persons, as have...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1965MP237; 1965MPLJ238
Newaskar, J.1. The question referred to the Full Bench is, whether it is competent for the Board of Revenue to revise an order passed by the Collector in exercise of his appellate powers under Section 28 of the Abolition of Jagirs Act. A Division Bench of this Court in Bondar v. Ganpat, 1960 MP LJ 1278 had taken the view that notwithstanding the provision in Section 28 referred to above the Collector's decision is open to revision by the Board of Revenue. This question again came up for consideration before the Division Bench consisting of myself and Krishnan, J. It was contended before us that although in the absence of any statutory provision the principle laid down in the case of National Telephone Co. Ltd. v. Post Master General, (1913) A. C. 546 and approved by the Supreme Court in AIR 1953 SC 357, National Sewing Thread Co. Ltd. v. James Chadwick and Bros., Ltd. will apply. Section 34 (2) of the Madhya Bharat Abolition of Jagirs Act clearly negatives such power of revision in the...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP205; 1961CriLJ114
Krishnan, J. 1. This is an appeal by Purushottam Vijay, Editor of the daily called 'Indore Samachar' from a conviction under Section 500 I. P. C. with a sentence of fine of Rs. 500/- with imprisonment in default for one month. The offending article was a longish editorial on the 3rd August 1955, entitled, 'This delay in the appointment of the I. G. Police,' charging the Government of Madhya Bharat and one of the Ministers, Shri Narsingh Rao Dikshit, of regionalism (Pradeshikata). The case, probably the first in the State of Madhya Bharat, lias been tried under the new Section 198-B of the Criminal Procedure Code, by the Sessions Judge, Indore.2. Actually two complaints were filed and were tried jointly; one in regard to the leading article of 3-8-1955; and the other in regard to a news-item published in the same pacer on the 30th July. However, the appellant has been acquitted of the charge relating to this latter item. In addition to this appeal, there is an application by the State f...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2007MP214; [2007(4)JCR580(MP)]; 2007(2)MPLJ594
A.K. Patnaik, C.J.1. This is a reference made to this Bench by the Full Bench on the question whether Madhya Pradesh Co-operative Dairy Federation Limited (for short 'the Federation') is 'State' under Article 12 of the Constitution of India.2. The background facts leading to this reference briefly are that the employees of the Federation are governed by the Service Regulations of the Federation. Regulation 13 of the Service Regulations of the Federation provided for compulsory retirement of an employee of the Federation on attaining the age of 55 years or on completion of 25 years of service. The Registrar of Co-operative Societies in exercise of his powers under Section 55(1) of Madhya Pradesh Co-operative Societies Act, 1960 (for short 'the Act') amended Regulation 13 w.e.f. 24-12-2001 providing for compulsory retirement of an employee of the Federation on attaining the age of 50 years or completion of 20 years of service. In accordance with the amended Regulation 13 of the Service R...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990MPLJ799
ORDERT.N. Singh, J.1. Six petitioners have made a common cause staking their claim to admission in the State Engineering Colleges for the academic session 1989-90. They all appeared in the Entrance Test of 1989, conducted by the Professional Examination Board, Madhya Pradesh (hereinafter, 'Board', third respondent) and secured marks in the range of 47 to 48.7 percent. When hearing of the petition was taken up on 3-5-1990, it appeared that there was conflict between two Division Bench decisions of this Court and it was also found that the two views were irreconcilable. This is how this larger Bench has taken seisin of the matter.2. We may immediately refer, therefore, to those decisions. Indeed, we may observe also that the petitioners relied on the decision rendered by the Division Bench at the Main Seat on 24-4-1990 in the case of the Manoj Verma and Ors. v. State of Madhya Pradesh, M. P. No. 4916 of 1989, and submitted that their case being same as that of the petitioners in that cas...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ343
ORDERU.L. Bhat, C.J.1. The petitioner challenges sub-rule (4) of Rule 14C of the M. P. General Sales Tax Rules, 1959 (hereinafter referred to as the Rules for short) framed under the M. P. General Sales Tax Act, 1956 (hereinafter referred to as the Act for short) as ultra vires and beyond the rule making power of the State Government and to quash Annexure P-9, the notice, dated 22-12-1993 requiring the petitioner to show cause why the recognition certificate granted to it should not be cancelled.2. Return has been filed on behalf of the second respondent.3. The petitioner is a registered firm running a re-rolling mill as a small scale industry unit in village Tedesara, District Rajnandgaon. It is stated that subsequently, processing of iron and steel scrap was also started in the mill. The unit is registered as a small scale industry unit as per registration certificate dated 5-2-1988 registered under the Act and the Central Sales Tax Act, 1958, for manufacturing round angle, M.S. roun...
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