DIPAK MISRA, S.K.KULSHRESTHA, K.K.LAHOTI
Sakhi Gopal Agrawal – Appellant
Versus
State of M. P. – Respondent
Misra, J. -- 1. Expressing the view that the issues involved are of immense significance and placing reliance on the decisions rendered in the cases of Abdul Taiyab Abbasbhai Malik and others v. The Union of India and others, 1976 JLJ 706 = AIR 1977 MP 116 and Balkrishan Das v. Harnarayan, 1979 JLJ 745 = 1979 MPLJ 644, wherein it has been herd that the existence of two earlier conflicting decisions on the same point is not a condition precedent to make a reference for a decision of a question by a Larger Bench, the Division Bench referred the matter in entirety to be adjudicated by a Larger Bench and that is how the batch of cases has been placed before us.
2. The bunch of matters can be categorised into two compartments: in one batch, assail is to certain provisions and rules of the M.P. Municipal Corporation Act, 1956 (for brevity 'the Act') as ultra vires and, in the other, challenge is to the certain provisions of M.P. Municipalities Act, 1961 (in short 'the Municipalities Act') and the rules framed for carrying out the purposes of the said statute. As the assail and attack is to the constitutional validity of such provisions in both the enactments relating to the impositio
1. Abdul Taiyab Abbasbhai Malik and others v. The Union of India and others, = 1976 JLJ 706
2. Balkrishan Das v. Harnarayan, = 1979 JLJ 745
3. Municipal Corporation, Indore and others v. Smt. Ratnaprabha and others, = 1977 JLJ 101
6. Banarsi Das v. State of M.P. = AIR 1958 SC 909
7. D.S. Garewal v. The State of Punjab and another = AIR 1959 SC 512
8. The Corporation of Calcutta and another v. Liberty Cinema = AIR 1965 SC 1107
9. The Municipal Corporation of Delhi v. Birla Cotton, Spinning and Weaving Mills
10. State of Mysore and others v. M.L. Nagade and Gadag and others = (1983) 3 SCC 253
11. Darshanlal Mehra and others v. Union of India and others = (1992) 4 SCC 28
12. Almitra H. Patel and another v. Union of India and others = (1998) 2 SCC 416
14. Shahid Hussain Zahind Hussain v. Municipal Council, Sewda and others = 1994 JLJ 619
15. Meera Khandelwal v. State of M.P. and others = 1997(1)JLJ 402
16. A.N. Parasuraman v. State of Tamil Nadu = AIR 1990 SC 40
17. I.N. Saksena v. State of Madhya Pradesh = AIR 1976 SC 2250
19. M/s. Utkal Contractors & Joinery (P) Ltd. and others v. State of Orissa = AIR 1987 SC 2310
20. Bhubaneshwar Singh and another v. Union of India and others = (1994) 6 SCC 77
21. State of T.N. v. Arooran Sugars Ltd. = (1997) 1 SCC 326
22. West Ramanad Electric Distribution Co. Ltd. v. State of Madras = AIR 1962 SC 1753
24. Hindustan Gum & Chemicals Ltd. v. State of Haryana
25. East India Commercial Co. Pvt. Ltd. v. Corporation of Calcutta = (1998) 4 SCC 368
26. Dewan Daulat Raj Kapoor v. New Delhi Municipal Committee = 1980(1) SCC 685
27. Corporation of Calcutta v. Padma Debi = AIR 1962 SC 151
28. Guntur Municipal Council v. Guntur Town Rate Payers Asson. = (1970) 2 SCC 803
29. Balbir Singh (Dr.) v. M.C.D. = (1985) 1 SCC 167
30. Morvi Municipality v. State of Gujarat = (1993) 2 SCC 520
31. Bhagwant Rai v. State of Punjab = (1995) 5 SCC 440
33. Asstt. General Manager Central Bank of India and others v. Commissioner
34. Commissioner v. Griha Yajamanula Samkhya and others = (2001) 5 SCC 651
35. East India Commercial Co. (P) Ltd. v. Corporation of Calcutta = (1998) 4 SCC 368
36. Corpn. of Calcutta v. LIC of India = (1970) 2 SCC 44
37. India Automobiles (1960) Ltd. v. Calcutta Municipal Corporation and another = (2002) 3 SCC 388
39. Twyford Tea Co. Ltd. v. State of Kerala = AIR 1970 SC 1133
40. State of Maharashtra v. M.B. Badiya = AIR 1988 SC 2062
43. R.K. Garg v. Union of India = (1981) 4 SCC 675
45. State of M.P. and others v. Bharat Heavy Electricals = (1997) 7 SCC 1
32. New Delhi Municipal Committee v. M.N. Soi = (1976) 4 SCC 535
44. J & K v. Triloki Nath Khosa = (1974) 1 SCC 19
5. Western India Theatres Ltd. v. Municipal Corporation of the City of Poona = AIR 1959 SC 586
13. Gopal Narain v. State of U.P. = (1964) 4 SCR 869; AIR 1964 SC 370
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