Madhya Pradesh Court November 1950 Judgments
Khunni Chhanua and ors. Vs. State
Court: Madhya Pradesh
Decided on: Nov-28-1950
Reported in: 1951CriLJ666
ORDERShinde, J.1. This is a petn. in revision by Khunni, Motiram Sukha, Satwan Bedrya Phaili & Hukma against the order of the flea. J. at Morena who dismissing their appeal, confirmed the conviction of the accused under Sections 315/135, Gwalior Penal Code & sentence of fine of Rs. 200 each passed by the Addl. Dist;. Mag, Morena. The story of the prosecution is that on 31-8-1916 at about 10 A. M. Jangi was grazing his cows in his field. The cows strayed in the field of Khunni. After abusing Jangi, Khunni went to the village & brought some persona with him. Eight persona assailed Jangi & Udesingh & caused injuries. The first information report was lodged on the same day at 7-80 P. M. by Jangi at police station, Morena, which is about six miles from the place of occurrence. After investigation the police challaned eight accused under Section 815 read with Section 185, Gwalior Penal Code. One Salka was given benefit of doubt & the remaining 7 accused were convicted & sentenced as stated a...
Tag this Judgment!Bhagwandas Babulal Vs. the State
Court: Madhya Pradesh
Decided on: Nov-22-1950
Reported in: 1954CriLJ337
ORDERShinde, J.1. This is an application under Section 561A, Criminal p. C. The applicants filed a petition in revision in this Court, which was rejected on 31-7-1950 as no good ground was shown to interfere with the decision of the lower Court. They have now submitted this application under Section 561A for the consideration of sentence.2. On 31-7-1950 when the application in revision came up for admission it was argued on behalf of the applicants that the offence was of a trivial nature and hence the applicants were entitled to get the benefit of Section 95, Indian Penal Code and that the railway Magistrate was wrong in trying the case summarily under Section 260, Criminal P. C. Both these grounds were held by me to be inadequate to interfere with the decision of the lower Court. It was, however, not argued on that occasion that the applicants deserve the benefit of Section 562, Criminal P. C. Hence when the present application was submitted I issued notice as I thought, prima facie,...
Tag this Judgment!Bhagwandas Vs. Dhannulal
Court: Madhya Pradesh
Decided on: Nov-22-1950
Reported in: 1951CriLJ560
ORDERShinde, J.1. This is reference by the Ses. J. Guna, under Section 438, Cr. P.C. The facts of the case are as follows:2. On 31-5-60, Dhannalal submitted an appln. in the Ct. of the Dist. Mag. Shivpuri under Section 144, Cr. P.C. praying, that he has been dispossessed of a Kotha by Bhagwandaa & hence possession be restored, to him. The Dist. Mag. ordered the police to restore possession to the appct. Dhunnalal. In compliance with this order the police restored possession of the Kotha to Dhannalal on 2.6.50. On 3.7 50 the Dist. Mag. set aside his order passed on 1-6-50. On 8 7-50 Bhagwandas submitted an appln, praying that as the appln. under Section 144, Cr. P.C. has been dismissed, possession which had been given to Dhannalal be restored to him. On this the Diet, Mag. ordered that as the appln. had finally been disposed of no deficiency can be corracted thereafter. Bhagwandas filed an appln. in revu. in the Ct. of the Ses. Judge who being of the opinion that the order of the Diet. ...
Tag this Judgment!State Through Customs and Excise Department Vs. Darshanlal Surajmal an ...
Court: Madhya Pradesh
Decided on: Nov-22-1950
Reported in: 1951CriLJ625
ORDERShinde, J.1. This is a petn. in revision on behalf of the Customs & Excise Department, Madhya Bharat State, against the order of the Sea. J, who dismissing the appeal confirmed the order of the trial Ct. Darshanlal, Ramswaroop, Lachhman, Dharamji, Surendrapratap & Munirkhan were arrested on 17-3-1949 for possessing opium under Section 6, Opium Act Samvat 1980. On 18-3-1949, the Police Shivpuri released them on bail. One Dhannulal stood surety for the appearance of the accused & executed a security bond to the total amount of Rs. 4000. As the accused did not appear on 25-4-1949 & again on 2-6-1949 the Superintendent Customs & Excise Department, Dist. Shivpuri made a report under Section 58, Gwalior Excise Act, to the Mag., second class Shivpuri for the forfeiture of the security bond. The trial Ct. held that the appln. of the Customs Department was not entertainable as there is no procedure under Section 58, Excise Act, for the forfeiture of the security alone. The same order was c...
Tag this Judgment!Chandrakant Nathubhai Vs. Hiralal Narottomdas Shah
Court: Madhya Pradesh
Decided on: Nov-13-1950
Reported in: 1954CriLJ572
ORDERMehta, J.1. This is an application under Section 431, Criminal P. C. by one Chandrakant N. Randeria of Bombay for the custody of his minor son Vijay born on 14-7-1947. His allegation is that his son aged 3 years is unlawfully detained at Indore by one Hiralal Shah, opponent who is the grand father (mother's father) of the minor Vijay. The petitioner Randeria was married to opponent's daughter Damayanti at Broach in the month of May 1948. After the marriage the petitioner lived happily with his wife at Bombay and that during the said marriage one son and one daughter were born out of the lawful wedlock of the petitioner and Damayanti.2. The petitioner's wife Damayanti died about the end of October 1949 at Bombay. Soon after the death of Damayanti, the opponent Hiralal Shah and his wife, the father and mother of the deceased, came to Bombay on a condolence visit. Hiralal and his wife stayed with the petitioner for 3 days at Bombay and at the time of his departure for Indore, the opp...
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