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Madhya Pradesh Court February 1952 Judgments

Feb 21 1952

Narwarsingh and ors. Vs. State

Court: Madhya Pradesh

Decided on: Feb-21-1952

Reported in: 1953CriLJ22

Dixit, J.1. In this application Thakur Narwarsingh who along with some other persons is being tried by Mr. H.B. Agarwal Special Magistrate, for offences under Sections 395, 397, 308, 120B, 460, 332, 149 and 458, I.P.C. The applicant complains that the Ruler of Zabua, under whose instigation cases relating to the above offences have been instituted against him, resides in Indore and is influencing the prosecution witnesses against him and that the witnesses which he himself wishes to produce in defence are residents of Zabua and Zaknawada which places are at a considerable distance from Indore, and further says that his trial in the Indore Central Jail premises is likely to prejudice him. On these grounds the applicant prays that his trial should be held either at Dhar at Ujjain and that in no case should it be held in the Jail premises.2. I have heard the petitioner who was present in person, and the learned Government Advocate. In my opinion the application must be refused. It is not ...

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Feb 16 1952

Zafar Mohd. Rashid Vs. General Secretary, New Bhopal Textiles Ltd.

Court: Madhya Pradesh

Decided on: Feb-16-1952

Reported in: 1953CriLJ1011

ORDERRadke, A.J.C.1. This is a reference under Section 438, Criminal P.C. by the Sessions Judge, Bhopal, recommending that the order dated 19.9.1951 passed by the Addl. District Magistrate, Bhopal, be set aside.2. An application was made to the Sessions Judge, Bhopal, complaining that the A.D.M., Bhopal, by his order dated 19.9.1951, delivered possession of a portion of the premises belonging to the mosque out of plot Nos. 185 and 180 to the New Bhopal Textiles Ltd., Bhopal, by dismantling the cistern of the mosque located in that area. The order was passed without any enquiry and without giving any opportunity to the mosque authorities to put forward their claim to the land in dispute. The action of the A.D.M. was illegal and irregular. The land forms part of the mosque promises and was all along in its possession. If the mill authorities had any manner of right to the land in dispute, they should have gone to the civil Court and claimed an adjudication on the question of their title....

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Feb 05 1952

Laxminarayan Vs. the State

Court: Madhya Pradesh

Decided on: Feb-05-1952

Reported in: 1952CriLJ1440

Shinde, C.J.1. This is an application for leave to appeal to the Supreme Court. The short facts of the case are as follows: The accused Laxminarayan was convicted under S, 292, Gwalior Penal Code, corresponding to Section 302, Penal Code, by the Sessions Judge, Gwalior, and was sentenced to 14 years' rigorous imprisonment and a fine of Re. 1. A Division Bench of this Court dismissed the appeal preferred by the accused Laxminarayan but enhanced the sentence to rigorous imprisonment for life. Against that decision, an appeal was preferred under Section 25, Madhya Bharat High Court of Judicature Act. That appeal was dismissed on 9-2-1951. After the dismissal of his appeal by the Full Bench on 9.2.1951 the accused has filed this application which is dated 7.11.1951.2. From the facts of the case given above it is clear that the application has been filed nearly nine months after the date of the final order. This delay cannot be construed as anything but inordinate. Apart from this we do not...

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