Madhya Pradesh Court August 1951 Judgments
Harbilas Vs. the State
Court: Madhya Pradesh
Decided on: Aug-13-1951
Reported in: 1952CriLJ142
ORDERDixit, J.1. This is an application in revision against the order of the District Magistrate of Morena, confirming an order of the Sub-Divisional Magistrate, Joura, directing the recovery of money forfeited by the petitioner who stood surety for the appearance of Jahar Singh and Punit Ram accused of the offence under Section 302, I.P.C.2. On behalf of the applicant Mr. Anand first contended that the surety bond executed by the applicant was not valid in that it did not mention the time and place for the attendance of the accused persons. There is no force in this contention. It is quite true that the surety bond executed by the applicant does not mention the exact time and the place for the attendance of the accused. But the terms of the bond are: 'I shall produce the accused wherever and whenever called upon to do so by the Court or the police until the conclusion of the case.' A reference to Form 25, Schedule 5, Criminal Procedure Code will show that in a bond for appearance, the...
Tag this Judgment!Amtubai KamruddIn Vs. Daudbhai Akbarali and ors.
Court: Madhya Pradesh
Decided on: Aug-09-1951
Reported in: AIR1959MP13
T. C. Shrivastava, J. 1. This first appeal has been filed by the plaintiff against the dismissal of his suit by the AdditionalDistrict Judge Indore on a preliminary point that it was not maintainable in view of the provisions in the Administration of the Evacuee Property Act (hereinafter referred to as the Act). 2. The property in dispute belonged to one Hakim Mohammad Hussain. He died leaving his brother's daughter Amtubai the plaintiff, his widow Mst. Allrakhi (defendant No. 6) and other relations who were impleaded as defendants 1 to 5. The suit was for partition of the estate left by Mohammad Hussain and separate possession thereof. The Deputy Custodian General of Evacuee Properties has been also impleaded as defendant No. 7 as he is in possession of suit properties on behalf of one Moulvi Taiyab Ali who claims to be a devisee under a will executed by the said Mohammad Hussain. Moulvi Tiyabali migrated to Pakistan sometime in 1947. 3. The suit was filed on 28-7-48. The property was...
Tag this Judgment!Tara Chand Vs. the State
Court: Madhya Pradesh
Decided on: Aug-04-1951
Reported in: 1951CriLJ1476
ORDERDixit, J.1. The facts of the case out of which this revision petition arises are that on 17-7-46 a complaint) was filed by one Chhabiram against) one Chandra Sen under Section 372t Gwalior Penal Code, charging him with theft in respect of certain gold and silver ornaments. The pargana Magistrate, Gohad before whom the complaint was filed directed the police to investigate the complaint. The police after investigation put up a chalan under Section 372, Gwalior Penal Code, against Chandra Sen in the Court of Pargana Magistrate. They also produced in the Court the ornaments seized by them from Chandra Sen during the investigation. Chandra Sen died during the pen-dency of the trial. The Magistrate, therefore, passed an order stating that the trial hid abated on account of the death of the accused and directing that the property seized by the police from Chandra Sen as the stolen property and produced in the Court be returned to Cbhabiram, the complainant. The learned Magistrate observ...
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