Madhya Pradesh Court January 1953 Judgments
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Pannalal Jugatmal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-29-1953
Reported in: AIR1963MP242
Shiv Dayal, J. 1. This appeal under Section 39 of the Arbitration Act is directed against the refusal to set aside an award and also against the decree which was passed in terms of the award by the Additional District Judge, Balaghat.2. Rights to collect and propagate lac in Patwari Circles No. 42 and 2 of Waraseoni Tahsil were auctioned for a period of three years on the 3rd October and the 4th October, 1951, respectively. The highest bids of Pannalal (hereinafter called the contractor) for Rs. 21000/- and Rs. 20000/- respectively were accepted. Pannalal deposited Rs. 500/- as earnest money for each contract. He also deposited Rs. 5500/- on the 15th October, and Rs. 661/- on the 21st November, on account of the first; and Rs. 6667/- on the 21st November on account of the second. However, the contractor did not work the contract. The case for the contractor is that the department did not enter into a written agreement as required by Article 299 of the Constitution, so that he rescinded...
In Re: Avadh Bihari Lal
Court: Madhya Pradesh
Decided on: Jan-24-1953
Reported in: 1953CriLJ1000
ORDERKrishnan, J.C.1. This advocate enrolled in this Court has been recently appointed Honorary Director of Backward Classes Welfare. A nominal salary of Re. 1/- p.m. has been fixed to make him a public servant for the purposes of the rules governing expenditure of public money. He has informed this Court of the appointment and has prayed that he may be allowed to continue his practice. The rule applicable hero is Rule 6, Clause (2):Any person who having been admitted as a, legal practitioner shall accept any appointment or shall enter into any trade or other business shall give notice thereof to the Judicial Commissioner's Court, which may thereupon suspend such legal practitioner from practice or pass such orders as the said Court may think fit. If such legal practitioner practises in the District Court, he shall give the notice through the District Judge.In deciding whether the practice should be suspended or be allowed to continue the main tests are whether the appointment is derog...
DIn Dayal Shrivastava Vs. the State of Vindhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-21-1953
Reported in: 1953CriLJ1218
Krishnan, J.C.1. This is an application by one of the two persons on trial in six cases (numbers 352 and 355-59) before the M.M. Tikamgarh under Section 409, Penal Code, and Sections 409/109, Penal Code, praying that these trials might be quashed as an abuse of the process of the Court; he avers that he has been tried on a charge of abetting criminal breach of trust and acquitted. The same materials and evidence have been adduced here, though ostensibly the items of payments introduced in these cases are different from those in the first case. A co-accused, Chandra Bhan Bhatnagar, was convicted in that first case under Section 409, Penal Code, as the principal offender and sentenced to 3 years rigorous imprisonment and to a fine. Though he has not made a similar application, whatever has been said by this applicant applies with great force, to him also.2. The questions for decision are, first-whether these cases come strictly within the term of Section 403, Criminal P.C.; and secondly ...
Jwalaprasad and ors. Vs. State of V.P.
Court: Madhya Pradesh
Decided on: Jan-17-1953
Reported in: 1953CriLJ985
ORDERKrishnan, C.J.1. This is a reference made by the Additional District and Sessions Judge, Rewa on an application in revision made by some of the accused in a pending case before the Magistrate of Rewa. The grounds are : Firstly, that it was illegal for the Magistrate to have called under Section 10, Public Gamoling Act, as witnesses, two of the persons found in the house during the search and brought before him as accused; secondly, that at all events in the present case, having already pleaded not guilty when examined under Section 242, Criminal P.C. they should not be called to support the prosecution; and, thirdly, even if it was legal to examine them, the proper stage was when they are produced before the Magistrate, and not later on.2. As a general principle, this Court does not approve of revision applications, or references by subordinate Courts on such matters, during pendency of a proceeding. The competency of a witness, and the admissibility into evidence of any fact, is ...
Madho Prasad Vs. State
Court: Madhya Pradesh
Decided on: Jan-13-1953
Reported in: 1953CriLJ932
ORDERDixit, J.1. This is a petition to quash the proceedings and the charge in the trial of the applicant in respect of offences under Sections 409, 466 and 477A, I.P.C. The applicant Madho Prasad was formerly a clerk and accountant in Food Department, Basoda. The prosecution case against him is that on 6.5.1952 and 17.5.1952 the applicant in his capacity as an accountant and clerk received a total amount of Rs. 250/- from two persons in respect of licences and a deposit, but that he subsequently failed to deposit the amount in the treasury & gave false receipts to the payers showing that amounts paid by them had been credited in the treasury. During the course of the trial, the applicant raised an objection that as he was a public servant, he could be prosecuted for his alleged act of dishonestly misappropriating the amounts paid to him by Bihari Lal and Babu Lai only under Section 5(2), Prevention of Corruption Act, 1947, and not under Section 409, I.P.C. and further that as the requ...
Bhagirath Singh Vs. Parmani and ors.
Court: Madhya Pradesh
Decided on: Jan-08-1953
Reported in: 1953CriLJ1725
ORDERChaturvedi, J.1. This is a reference by the learned Sessions Judge of Bhind recommending the cancellation of an order passed under Section 250, Cr.P.C. by a Second Class Magistrate of Lahar. The order was passed in proceedings under Section 107, Cr.P.C. The complainant had made an application to the Magistrate asking him to order Parmai and three others to furnish security to keep peace. A date was fixed for taking evidence, but on that date the complainant adduced no evidence, and, the Magistrate dismissed the application & ordered the complainant to pay costs to the four persons regarding them as accused. The wording of Section 250 is clear that an order for compensation can be made only in cases instituted by a 'complaint' as defined in the Code or upon information by a Police Officer to a Magistrate, where a person is accused of an offence triable by a Magistrate. A 'complaint' means an. allegation made to a Magistrate with a view to his taking action that some person has comm...
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