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Oct 25 1957

Manoolal Balchand Vs. Kaluram Gulabchand

Court : Madhya Pradesh

Decided on : Oct-25-1957

Subject : PropertyCivil

Acts : Easements Act, 1882 - Sections 52, 56, 59 and 60

Reported in : AIR1958MP343

Advocate for Appellant : M. Adhikari, Adv.

B.K. Chaturvedi, J.1. This is plaintiff's second appeal against a decree dated 27-8-1952 of the 2nd Additional District Judge, Hoshangabad, reversing a decree of the Civil Judge, Class II, Hoshangabad. The plaintiff's case is that on...

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Sep 09 1957

Nathoolal Vs. Ganpatprasad

Court : Madhya Pradesh

Decided on : Sep-09-1957

Subject : PropertyContract

Acts : Specific Relief Act, 1877 - Sections 25; Evidence Act, 1872 - Sections 115

Reported in : AIR1958MP84

Advocate for Appellant : P.K. Tare and ;P.S. Pultamkar, Advs.

1. This appeal comes before the Division Bench on a reference by one of us (Chief Justice) because it involves an important question of law requiring authoritative decision. 2. The facts of this case are interesting...

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Apr 18 1957

Harakchand Patni Vs. Union of India (Uoi)

Court : Madhya Pradesh

Decided on : Apr-18-1957

Subject : Civil

Acts : Railways Act, 1890 - Sections 13

Reported in : AIR1958MP93

Advocate for Appellant : P.K. Tare, Adv.

1. This is a first appeal filed by the plaintiff against the judgment of Civil Judge, Class I, Chhindwara in civil suit No. 5-B of 1950 dismissing the suit. 2. The plaintiff owned a truck which...

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Sep 09 1957

Hari Vishnu Kamath Vs. Election Tribunal and anr.

Court : Madhya Pradesh

Decided on : Sep-09-1957

Subject : Election

Acts : Representation of the People Act, 1951 - Sections 83, 83(1), 85, 90, 90(1), 90(3) and 90(5); Representation of the People (Amendment) Act, 1956; Code of Civil Procedure (CPC) , 1908 - Sections 2(2) - Order 6, Rule 16; Code of Criminal Procedure (CrPC) , 1898 - Sections 4(1); Constitution of India - Articles 226 and 227

Reported in : AIR1958MP168

Advocate for Appellant : B.R. Mandlekar and ;P.K. Tare, Advs.

ORDER1. This petition by one Shri Hari Vishnu Kamath is directed against an order passed by the Election Tribunal, Jabalpur, presided over by Shri M.V. Bhide, on 12-8-1957, in an election petition filed by the petitioner...

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Apr 18 1957

Birsingh Baldeosingh Gond and anr. Vs. Madhya Pradesh Government Throu ...

Court : Madhya Pradesh

Decided on : Apr-18-1957

Subject : Commercial

Acts : Forest Act, 1927 - Sections 68; Contract Act, 1872 - Sections 13; Evidence Act, 1872 - Sections 115

Reported in : AIR1957MP169; 1957CriLJ1146

Advocate for Appellant : P.K. Tare, Adv.

1. This is a first appeal filed by the plaintiffs against the dismissal of their suit C. S. No. 2-B of 1952 by the Additional District Judge, Rajnandgaon.2. The undisputed facts in this case are --,...

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Jul 31 1957

Lalchand Agarwal Vs. Keshaorao JamThe and ors.

Court : Madhya Pradesh

Decided on : Jul-31-1957

Subject : Civil

Acts : Central Provinces and Berar Courts Act, 1917 - Sections 20; Madhya Pradesh Central Provinces and Berar Courts (Amendment) Act, 1956 - Sections 7 and 9; Code of Civil Procedure (CPC) , 1908

Reported in : AIR1958MP197

Advocate for Appellant : P.K. Tare, Adv.

ORDER1. This is a Miscellaneous (First) Appeal against an order passed by the Civil Judge (Class I), Chhindwara, in Civil Suit No. 2-B of 1952, decided on 9-7-1956.2. The suit was filed on 14-2-1952 to recover...

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Mar 06 1957

Manoharlal and anr. Vs. Brajrajkishore and anr.

Court : Madhya Pradesh

Decided on : Mar-06-1957

Subject : Tenancy

Acts : Transfer of Property Act, 1882 - Sections 105 and 116

Reported in : AIR1957MP214

Advocate for Appellant : P.K. Tare, Adv.

Bhutt, J.1. This is plaintiffs' appeal from a decree dismissing their suit for possession.2. Dampatkishore, father of respondent No. 1, Brajrajkishore and husband of respondent No. 2, Premwatibai, was the malguzar and lambardar of mouza Silari...

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Mar 21 1957

Sheshrao and ors. Vs. Sheshrao and ors.

Court : Madhya Pradesh

Decided on : Mar-21-1957

Subject : FamilyProperty

Acts : Hindu Law

Reported in : AIR1958MP411

Advocate for Appellant : P.K. Tare, Adv.

B.K. Choudhuri, J. 1. This appeal is filed by theplaintiffs against a decree passed by the Additional District Judge, Betul in Civil Appeal No. 6-A of 1951 reversing the decree of the trial court in civil...

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Oct 30 1957

Jugalkishore Kabra and ors. Vs. Municipal Committee and ors.

Court : Madhya Pradesh

Decided on : Oct-30-1957

Subject : Civil

Acts : Central Province and Berar Municipalities Act, 1922 - Sections 42, 44A, 47, 48, 49 and 49(3); Code of Civil Procedure (CPC) , 1908 - Sections 9 and 80; Evidence Act, 1872 - Sections 115; Specific Relief Act, 1877 - Sections 45

Reported in : AIR1958MP393

Advocate for Appellant : R.S. Dabir and ;P.K. Tare, Advs.

B.K. Chaturvedi, J.1. This is plaintiffs' second appeal from a decree dated 27-3-1952 passed by the Additional District Judge, Narsimhapur, affirming the, decree dated 16-4-1951 of the Civil Judge (Class II), Sohagpur at Narsimhapur, dismissing the...

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May 30 2007

Amar Singh and ors. Etc. Etc. Vs. the State of Bihar and ors. Etc. Etc ...

Court : Patna

Decided on : May-30-2007

Subject : Tenancy

Acts : Bihar Tenancy Act, 1885 - Sections 1(3), 3(4), 3(5), 3(9), 3(16), 3(17), 6, 21A, 23, 23(2), 23(4), 24, 26A to 26O, 27, 28, 30, 40(1), 53 to 67, 72 to 75, 120 and 189; Bihar Tenancy (Amendment) Act, 1993 - Sections 23(1), 23(2), 23(3) and 23(4); Bihar Tenancy (Amendment) Act 1934; Bihar and Orissa Municipal Act, 1922; Madras Urban Land Tax Act - Sections 6; Bihar Rent Refixation Rules, 1995; Settled Land Act, 1925; Trust Act, 1925; Land Registration Act, 1925; Land Charges Act, 1925; Administration of Estates Act, 1925; Copyhold Act, 1841; Government of India Act, 1935; Code of Civil Procedure (CPC) , 1908 - Order 41; Bihar Rent Refixation Rules, 1995 - Rules 3, 3(1), 3(2), 3(3), 4, 4(2), 5, 6, 7 and 9; Constitution of India - Articles 13, 13(2), 14, 19, 19(1), 21, 32, 226 and 300A

Advocate for Appellant : K.N. Choubey, Abhay Kumar Singh, Sidheshwari Pd. Sinha and Y.V. Giri, Sr. Advs., Basant Kr. Choudhary, Anil Jaiswal, S.D. Sanjay, Mahendra Pd. Gupta, Jyoti Saran, S.K. Mishra, Sushila Mishra, Kundam

Shiva Kirti Singh, J.1. All the writ petitions covered by this common judgment have been heard together on the admitted premise that they seek to challenge the constitutionality, legality and vires of Sub-section (4) of Section...

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