T.N.SINGH, SHACHEENDRA DWIVEDI
Mahesh Chandra Gupta – Appellant
Versus
State of M. P. – Respondent
Dr. T.N. Singh, J. -- 1. Petitioner was registered as A-II Class Contractor in the Irrigation Department on 4.10.1985. His registration is valid for five years. He had done some work for the Department and in that connection, he raised a "dispute" claiming Rs.3,60,214/- from the Department by way of a reference made to the Tribunal constituted under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, for short, 'the Adhiniyam'. He did not pay the requisite court-fee, but made an application that he be treated as an indigent person and allowed to pursue the reference application without payment of court-fee. By order dated 10.7.1990, his prayer being rejected by the Tribunal, he has challenged that order before us on the writ side.
2. Although in the impugned order, the Tribunal has found that the applicant/petitioner was possessed of sufficient means to pay the requisite court-fee of Rs.11,942/-, in this Court, the legal plea forcefully pressed by Government Advocate, Shri S.B. Mishra, is that provisions of order 33, CPC being not applicable to the proceedings before the Tribunal and otherwise too, there being no inherent jurisdiction vested in that forum to entertain a
1. Sarmania Bai v. M.P. Rajya Parivahan Nigam = (1990 JLJ D86-1990 MPLJ 387)
2. (See Cotton Corporation, = AIR 1983 SC 1272; Manoharlal
4. D.N. Tanreja v. Khajanlal = (1988) 3 SCC 26
5. Kiran Singh = (AIR 1954 SC 340)
8. Bengal Immunity Co. v. S/Bihar = (AIR 1955 SC 661)
9. CIT v. Badilal = (AIR 1973 SC 1016)
12. See, Champsey Bhara v. The Jivraj Ballo Spg. & Wvg. Mills
14. Indian Oil Corporation v. Indian Carbon
15. Food Corporation of India v. Great Eastern Shipping Co. = AIR 1988 SC 1198)
16. Mangilals case = (1970 JLJ 140-1970 MPLJ 1)
17. I. T.O. v. Mohd. Kunhi = (AIR 1969 SC 430)
18. (See, in this connection, Raja Ram Kumar Bhargava v. Union of India
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