Madhya Pradesh Court December 1953 Judgments
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L.M. Wakhare Vs. the State
Court: Madhya Pradesh
Decided on: Dec-29-1953
Reported in: AIR1959MP208
ORDER1. This petition under Article 226 of the Constitution calls in question the validity of the Notification No. 587-1305-XXVII, dated 13-8-1953, which has been issued by the Madhya Pradesh Government prescribing the languages to be used within the State for official purposes.2. Article 345 of the Constitution empowers the Legislature of a State to adopt any one or more of the languages in use in that State or Hindi as the language or languages to be used for all or any of the official purposes of that State. Under the proviso to this article, it is directed that until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of the Constitution. This Article is subject to Articles 346 and 347 of the Constitution which, however, are not pertinent to the present case.3. The Madhya Pradesh Official Language Act, 1950 (XXIV of 1930), w...
Hiralal Neksi and anr. Vs. Agarchand Gorelal and anr.
Court: Madhya Pradesh
Decided on: Dec-14-1953
Reported in: AIR1957MP5
A.H. Khan, J.1. The facts giving rise to thin second appeal shortly stated are that the plaintiff Agar-chand and his son Kasturchand both rented a house to Hiralal and Shriram the. main defendants in this case. The plaintiff Agarchand filed this suit against Hiralal and Shriram for the recovery of rent due. The defence was that the rent had been paid to Kasturchand one of the co-owners of the house. Katsurchand the co-owner was also implead-ed as a defendant in this case and he admits that he received the rent.The trial court decreed the suit of the plaintiff and this decision was affirmed in appeal by the Additional District Judge, Bhind. Now this is defendants' second appeal.2. The short question for determination in this appeal is whether the payment of rent by the tenants to one of the two co-owners absolves them from the further responsibility of paying rent to the plaintiff. The trial court appears to have been confused by the number of rulings that were cited in this case. Secti...
Jaswantsingh Jawansingh and ors. Vs. Ranchod Nanda Dhakad
Court: Madhya Pradesh
Decided on: Dec-11-1953
Reported in: 1954CriLJ1544
ORDERSamvatsar, J.1. This is a criminal reference by the Sessions Judge Dhar under Section 438, Criminal P. C.2. The non-applicant Ranchod lodged a complaint in the Court of the Sub-Divisional Magistrate, 2nd Class Badnawar against the petitioners on 26-6-1952. It was alleged in the complaint that the petitioners had gone to the complainant's field and had taken forcible possession thereof. It was also alleged that the petitioners are about to commit breach of peace and a prayer was made for taking action against them, under Section 107, Criminal P. C.3. The learned Magistrate took up the matter for consideration and on 7-6-1952 passed a composite order purporting to be under Section 112 and Section 117(3) of the Criminal P. C. The petitioners preferred a revision application against this order and the learned Sessions Judge Dhar has made a reference to the High Court with recommendation that the order of the Sub. Divisional Magistrate be set aside,4. The parties did not put in any app...
Balwantsingh Ghasiram Vs. Baldeo Singh Thobansingh
Court: Madhya Pradesh
Decided on: Dec-07-1953
Reported in: 1954CriLJ877
ORDERShinde, C.J.1. This application in revision is directed against the judgment and order of the Sessions Judge, Guna, by which he confirmed the order of discharge passed by the Sub-Divisional Magistrate, Bhilsa. The facts relevant to the disposal of this case are that on 27-10-1952 between the hours of 3 and 4 in the afternoon one Bhaiyalal s/o Balwant Singh was shot by a gun by some person. It is alleged that Ramkunwar, a girl of 12, who was easing herself nearby, stood up and saw Bhaiyalal fall down. It is also alleged that she ran to the village and on the way met Ramkishan and Gurubux and told them the incident. One Ganesha was sent by Suratsingh who lodged the first information report at police station, Gyaraspur. In that report the name of the accused is not mentioned. Next day that is on 28-10-1952, Balwantsingh presented an application to the Additional District Magistrate, Bhilsa, stating that Baldeosingh alias Punna killed his son. The Sub-Divisional Magistrate discharged ...
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