Madhya Pradesh Court December 1956 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Dhirajkunwar Vs. Lakhansingh
Court: Madhya Pradesh
Decided on: Dec-31-1956
Reported in: AIR1957MP38
1. This is defendants' appeal from the decree of the First Additional Civil Judge, Class I, Bilaspur, in Civil Suit No. 2-A of 1950, by which a deed of gift Ex. P-9 dated 16-4-1949, executed by Mst. Bhirapkuar, appellant No. 1, in favour of Dwarkaprasad, appellant No. 2, has been held to be not binding on the plaintiff-respondent, Mannoolalsingh, now represented by his sons and widow, respondents 1(a), (b), (e) and (d).2. Prithisingh, the propositus of the family, left behind four sons, Chaitsingh, Bhawarsingh, Kanwal-singh, and Nawalsingh. Bhawarsingh was married to Mst. Akalo from whom he had a son, Tikaftsingh, who died on 24-4-1984. Tikaitsingh held -/8/- share of village Karwa, which, on his death devolved upon his widows, Dhirajkuar and Champakuar, -/5/-village share being mutated in the name of Dhirajkuar and -/3/- in that of Champakuar. Champakuar, however, remarried and left the family sometime in the year 1938 and consequently her -/3/- village share reverted to Dhirajkuar.3....
State Vs. Gangadhar
Court: Madhya Pradesh
Decided on: Dec-31-1956
Reported in: AIR1957MP54
Nevaskar, J. 1. Accused Gangadhar Sakharam Dandawate and 20 others prosecuted under Section 7 (2) of the Madhya Bharat Maintenance of Public Order Act (7 of 1949), by Police Indraganj, Lashkar, for contravention of the order dated 20-10-1052 assued by T. S. Powar, District Magistrate, District Gird Gwalior, under Section 7 (1) of the said Act as also under Section 143 of the Indian Penal Code before the Additional District Magistrate Lashkar who found them hot guilty and acquitted them. 2. This appeal is preferred against the said order of acquittal. 3. Facts material for the present appeal are as follows : On 30th April 1949 the Government of Mahya Bharat purporting to exercise its powers under Section 11 of the Madhya Bharat Maintenance of Public Order Act (7 of 1949) delegated all its powers, exercisable by it, under the Act barring the powers those imposing collective fines under Section 6 and under Section 10, to the respective Subas (Collectors) of the District. 4. In pursuance o...
Zankarsingh and ors. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Dec-31-1956
Reported in: AIR1957MP78
1. This is plaintiff's appeal against the decree passed by the Additional District Judge, Balaghat, in Civil Suit No. 15-B of 1949, dismissing his suit for recovery of damages.2. By virtue of the State Government notification No. 3814-2447-XII, the estate of the plaintiff-appellant was placed in charge of the Court of Wards with effect from 8-12-1930. Its superintendence terminated on 16-4-1946 when the estate was returned to the plaintiff. During this period, decrees were obtained against persons owing money to the estate. The case of the plaintiff was that decrees as per Schedules A and B, amounting to Rs. 11,689-10-9 were negligently allowed to be barred by limitation. He accordingly filed the suit, out of which this appeal arises, for recovery of the said amount.3. The suit was instituted principally against the State of Madhya Pradesh. The Deputy Commissioner, Balaghat, was also joined as a defendant as representing the Court of Wards. The defendants contended that the Manager, Co...
Pyarelal and ors. Vs. Modi Sikharchand
Court: Madhya Pradesh
Decided on: Dec-31-1956
Reported in: AIR1957MP89
1. This is plaintiffs' appeal against the dismissal of a part of their claim for damages by the 2nd Civil Judge, 1st CJass, Sagar, in civil suit No. 11-B of 1947.2. The suit was instituted by Pyarelal and Pan-nalal, sons of Jankiprashad, Babulal, and Narayan-dass and Bhagwandass, sons of Babu Surajdin. They were carrying on business of purchase and sale of grain as partners of a registered firm styled Durga Prashad Ganesh Dass, shortly called Durga Ganesh. They entered into a contract with the defendant on 6-7-1947 for purchase of his stock of linseed at Satna. Out of this stock, a lot of 2500 bags was lying in the godown of the defendants' commission agent, Ramchand Rampratap, which was sold to the plaintiffs. O. R. Satna at Rs. 44/13/9 per bag of 90 seers net, after packing them in new gunny bags.The lower Court has found that the defendant broke the contract and was liable in damages to the plaintiffs. It has, however, determined the damages at the rate prevailing at Satna, arid not...
Gyaniram Vs. Gangabai
Court: Madhya Pradesh
Decided on: Dec-31-1956
Reported in: AIR1957MP85
1. This is an appeal by one of the two dclendants against the final decree for sale passed by the Civil Judge, Class I, Raipur, in civil suit No. G-A of 1940.2. The appellant Gyaniram for self and as guardian of his son Babulal, respondent No. 2 executed a simple mortgage bond, dated 2-1-1936, for Rs. 6,999 in favour of Chhotelal, since deceased, father of respondent No. 1, Gangabai. Interest agreed was 11 annas p.c. p.m. with yearly rests. The mortgage debt was said to have been taken for meeting the marriage expenses of Babulal who was then a minor. Chhotelal instituted the suit, out of which this appeal arises against Gyaniram and Babulal for recovery of Rs. 9,795-5-0 inclusive of interest. The suit was contested by Babulal who denied execution of the mortgage bond and legal necessity for the debt, A preliminary decree for sale for the full amount, with costs and future interest, was, however, passed against both the defendants on 29-11-1941, and the amount due, which was found to b...
Pyarelal Shivprasad Agarwal and ors. Vs. Secretary, Indore Mill Mazdoo ...
Court: Madhya Pradesh
Decided on: Dec-27-1956
Reported in: AIR1957MP26; 1957CriLJ513
Dixit, J.1. By this petition under Article 227 of the Constitution of India directed against a common decision of the Industrial Court, Madhya Bharat, disposing of three revision petitions, the petitioners challenge the jurisdiction of the Labour Court to entertain three separate complaints filed by the opponent against the petitioners in respect of offences under Section 106(1) of the Bombay Industrial Relations Act as adapted in Madhya Bharat.2. The matter arises thus. In that part of Madhya Pradesh which was formerly Madhya Bharat, the relations of employers and employees in certain industries and the settlement of industrial disputes are regulated by the Bombay Industrial Relations Act, 1947, as adapted by Madhya Bharat Act No. 31 of 1949. Almost all industrial disputes are the outcome of a desire of change in the existing state of things as regards wages, hours of work, amenities etc.The object of the Bombay Industrial Relations Act is peaceful settlement of industrial disputes an...
Tejilal Vs. State
Court: Madhya Pradesh
Decided on: Dec-21-1956
Reported in: AIR1957MP88
ORDER1. This is an appeal against the decision of Kotwal, .J., in Miscellaneous Petition No. 437 of 1956.2. The appellant was a candidate for election to the office of the president of the Municipal Committee, Sakti. He was proposed by Kamswarup and seconded by Scwaram, who were voters bearing Nos. 36 and 66 of the electoral roll of Ward No. 4. An objection was raised by one Mageram to the nomination of the appellant as a candidate on the ground that he had taken a plot on contract from the Municipal Committee. The objection was disallowed by the Supervising Officer. The appellant was thereafter elected as President, and the result of the election was published in the Madhya Pradesh Gazette of 29th September 1956.3. Respondent No. 4 is a voter bearing No. 146 OH the electoral roll of Ward No. 7 of the Municipal Committee. He filed a petition under Article 226 of the Constitution for a writ of quo warranto directing the appellant to justify his election as President of the Municipal Com...
Jaikishan Gopikishan Vs. Commissioner, Sales-tax
Court: Madhya Pradesh
Decided on: Dec-20-1956
Reported in: AIR1957MP40; [1957]8STC286(MP)
Dixit, J.1. In this reference under Section 13 of the Madhya Bharat Sales-tax Act, 1950, by the Commissioner of Sales-tax, the question that arises for determination is of the liability of the assessee to pay sales-tax on the value of hessian cloth and iron hoops used in the baling process. Messrs. Jai-kishan Gopikishan are owners of a Cotton Ginning and Pressing Factory at Sanawad.They press cotton supplied by their clients and deliver it to them in bales covered with gunny cloth and secured by iron hoops. They charged an inclusive rate for both the gunny coverings, the iron hoops and also for the pressing. For the year 1950-51, the sales-tax authorities assessed the firm to sales-tax on the value of hessian cloth and iron hoops.The assessee claimed that the contract between him and his client was a contract of labour and work: that when he delivered the bales of pressed cotton wrapped in hessian cloth and fastened by iron hoops, there was no sale of the cloth and hoops within the mea...
Halkibai Vs. State
Court: Madhya Pradesh
Decided on: Dec-20-1956
Reported in: AIR1957MP93; 1957CriLJ853
1. This is the plaintiff's appeal from the decree of the Court of the Additional District Judge, in Civil Suit No. 10-A of 1951, dismissing her suit for declaration of her ownership in respect of certain valuables. .2. Plaintiff Haiti Bai is a child widow since 1904 A. D. Her parents-in-law also died in the year 1905 A. D. She was a teacher in a Girl's Primary School, from the year 1910 to 1947 when she retired on a monthly pension of Rs. 24-14-0. One Narhadabai was a peon in her school at Waraseoni for about a year and half before her demise on 14-4-48. The plaintiff was possessed of gold and silver ornaments detailed in Schedule A(i) of the plaint, together with Rs. 6,665-13-0 in cash. It is also not disputed that she deposited gold and silver ornaments and Rs. 1,000 with Ramnathrao and Rs. 5,565-13-0 with Rajmal Suraria, retaining Rs. 100 with herself. Proceedings in respect of these articles were however, started under Section 523 of the Code of Cr. P. C., on the suspicion that the...
Mulaimchand Vs. Municipal Committee
Court: Madhya Pradesh
Decided on: Dec-17-1956
Reported in: AIR1957MP50
ORDERChaudhary, J.1. This is an application for a writ of certiorari against the Municipal Committee, Katni (respondent No. 1) to quash its resolution No. 2 dated 15-3-1952, refusing sanction to the petitioner to construct a residential house on a plot situated in Morrisganj in the town of Katni.2. It is necessary to set out a few facts in order to understand the points raised for decision. The petitioner acquired the plot under a registered lease dated 26-3-1942 from Maharaj Kumar Shrilal Raghunath Singhju Deo of Deorajnagar. On 26-10-1950 he filed an application accompanied with the plan for sanction to construct a residential building, On 8-11-1950 a number of residents of the locality presented their objections to sanction the proposed construction. The President of the Municipal Committee rejected the application by an order dated 23-12-1950 which was communicated to the petitioner by Ittalanama (Annexure III) on 8-1-1951. The petitioner then filed an appeal against the said order...
- ‹ Prev
- 2
- Next ›
- Last »