Madhya Pradesh Court July 1951 Judgments
Baldeo Singh Vs. the State
Court: Madhya Pradesh
Decided on: Jul-30-1951
Reported in: 1951CriLJ1467
Dixit, J.1. This is a second appeal by an accused who has been found guilty by the Additional Ses. J. of Indore under Section 302, I. P.C. & sentenced to death. The sentence of death was confirmed & an appeal preferred by the accused against the conviction & sentence was rejected on 16-5-51 by a Division Bench of this Court consisting of My Lord the Chief Justice & my brother Mehta. This appeal is against the decision of the Division Bench. It is purported to have been filed under Section 25, High Court of Judicature Act, (Act No. 8 of 1949).2. A preliminary objection has been taken by Mr. Shiv Dayal on behalf of the State that the appeal is incompetent. The objection is that Section 25, High Court Act, was amended on 25-1-60 by Ordinance No. l of 1950 & that the amendment took away the right of appeal from any judgment, decree, order & sentence passed or made after the promulgation of that Ordinance by a Division Bench & deprived this Court of the jurisdiction to hear & determine any ...
Tag this Judgment!Hasanand Vs. the State
Court: Madhya Pradesh
Decided on: Jul-24-1951
Reported in: 1951CriLJ1487
ORDERDixit, J.1. The petitioner Hasanand has been convicted by the City Magistrate, Lashkar under Section 8, Madhya Bharat Essential Supplies Act Samvat 2005 (Act III [8] of 1948) read with Clause 15 (1), Madhya Bharat Cotton Textile (Control) Order, 1948 and sentenced to three months rigorous imprisonment and to a fine of Rs. SO in default rigorous imprisonment for one month The appeal of the accused against the conviction and the sentence was rejected by Sessions Judge Gwalior. He has now filed this petition against the decision of the Sessions Judge, Gwalior.2. The case against the accused was that on 14-ll-1949 he sold to one Earn Chandra a sari manufactured by the Vivekanand Mills and bearing No. 44607 for Rs. 5-14-0 whereas the Control price was Rs. 5-7-0. The prosecution case was sought to be established by the evidence mainly of Mr. Kalgaonkar, Inspector Civil Supplies and Mr, Mehta, Regional Controller, Civil Supplies who deposed that on 14-11-1949 they went to Jayaji Should M...
Tag this Judgment!State Vs. Shyamlal and ors.
Court: Madhya Pradesh
Decided on: Jul-20-1951
Reported in: 1953CriLJ102
ORDERShinde, J.1. This is a reference under Section 438 of the Code of Criminal Procedure. The facts of the case out of which this reference has arisen are briefly as follows:Hirachand and others presented applications to the railway magistrate, Lashkar, that they had come to know that the police were trying to implicate them in some false case and arrest them. Hence, explanation be asked for from police and the applicants be admitted to bail. The railway magistrate asked for explanation from the police and released all the three applicants on bail of Rs. 2,000/-, with a surety of Rs. 4,000/- each. Against this order a revision was filed by the Government in the court of the sessions judge, Gwalior. The learned Sessions judge being of the opinion that the order of the lower court was improper has made this reference to set aside the order.2. The question for consideration in this case is whether a person, who is not under any restraint, can apply for what is known as anticipatory bail....
Tag this Judgment!Mahadeo Prasad Chhote Lal Vs. Vindhya Pradesh Government
Court: Madhya Pradesh
Decided on: Jul-13-1951
Reported in: 1953CriLJ70
Krishnan, C.J.1. The applicant has been convicted and sentenced for transporting sugar out of Vindhya Pradesh in contravention of Section 8 of the Vindhya Pradesh Sugar (Control) Order, 1950. The appeal having been dismissed, he has come up in revision.2. The proved facts of this case are the following: On the evening of 1.6.1950 the applicant was found in the Saugor District of the Madhya Pradesh just outside the boundary of the Vindhya Pradesh, in a lorry with two bags of sugar. The evidence was that they had been brought from the applicant's shop at Pawai within the Vindhya Pradesh. Admittedly the applicant did not have the proper permit for this.3. In this Court the applicant has taken three grounds. Firstly, that he was not 'transporting' the sugar but was 'dealing' in it without license. This was an offence only after the 1st June 1951, and the prosecution has not proved that the act was completed before that date. The second ground is that the Chief Commissioner made the order u...
Tag this Judgment!Dayabhai Poonambhai Patel Vs. the Regional Transport Authority and anr ...
Court: Madhya Pradesh
Decided on: Jul-13-1951
Reported in: 1951CriLJ1305
Kaul, C.J.1. This is an application purporting; to be made under Article 226 of the Constitution. The applicant Dayabhai Poonambhai Patel is a resident of Barwani. Prior to its integration with Madhya Bharat Barwani was an independent State governed by its Ruler styled His Highness the Maharana of Barwani. According to the applicant by an agreement dated 30-11-1947 His Highness the Maharana granted to him for the value of a consideration, a monopoly (sole right) for transport of passengers by motor buses within the State. One of the terms of the agreement was that no other buses or taxies except chose of the applicant would be allowed to ply on hire within (the State territory. That on 29-6-1948 the State of Barwani was merged in & became a part of the union of Madhya Bharat. This was effected in pursuance of a Covenant entered into on 22-4-1948 between the Ruler of Barwani & the Rulers of a number of other States in Central India This had the sanction of the then Govt. of India. The U...
Tag this Judgment!Kanhiayalal Vs. State
Court: Madhya Pradesh
Decided on: Jul-03-1951
Reported in: 1952CriLJ946
Sathaye, J.C.1. The appellant Kanhaiyalal Brahmin of Mouza Sunheti, aged about 50 years has been convicted of an offence under Section 302, Indian Penal Code, by the Sessions Judge, Bhopal for having committed the murder of Mst. Gangabai Nain aged about 25 years of the same village, in the afternoon of the 5th of October 1950, at her house by a gunshot and is sentenced to death. The learned Sessions Judge has also made a reference under Section 374, Criminal P.C. for confirmation of the sentence. This judgment will dispose of both the appeal and the reference.2. The case for the prosecution in brief was as follows: The appellant, his father, brother and son were residing in the family house, at mouza Sunheti, in separate portions. The appellant was not on cordial terms with the patelan of the village with whom he was at one time in service. His relations with the deceased Gangabai Nain were also pot cordial as she was a partisan of the patelan. The appellant therefore did not like his ...
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