Madhya Pradesh Court October 1957 Judgments
Hargovind Singh Vs. Vishnu Bhagwat and ors.
Court: Madhya Pradesh
Decided on: Oct-30-1957
Reported in: AIR1958MP32
ORDERAbdul Hakim Khan, J. 1. This is an application for the issue for a writ of quo warranto. 2. The petitioner has stated that on 28th October 1956, the Madhya Bharat Municipal Corporation Act (Act No. 23 of 1956) came into force, whereby the Municipality of Gwalior acquired the status of the Gwalior Corporation on 29-10-1956. According to section 444 of the Municipal Corporation Act, the Mayor and the Deputy Mayor were elected. In this petition the election of the Mayor is challenged on the ground that the election was not properly conducted and in consequence the elected Mayor is the usurper of the office. 3. Mr. Inamdar, learned counsel for the opponent No. 1 had raised a preliminary objection to the effect that according to Clause 2 Section 443 of the Corporation Act, the councillors of the Corporation were to continue in office until the expiry of one year from the date of the constitution of the Corporation. It is submitted that according to para 2 of the petition, the Corporati...
Tag this Judgment!Shamsul Haque Dastgirali Vs. the Assistant Custodian of Evacuee Proper ...
Court: Madhya Pradesh
Decided on: Oct-30-1957
Reported in: AIR1958MP82
A.H. Khan, J. 1. The facts giving rise to this writ petition in short are that the petitioner alleges that the Assistant Custodian, of Evacuee Property of Bhilsa is ejecting the petitioner under the Administration of Evacuee Property Ordinance No. 56 of 1949. The petitioner challenges the vires of the Ordinance No. 56 of 1949. But it seems that precisely on these very facts that are now being alleged in the petition, this petitioner filed a writ petition on 9-7-54, which was dismissed on 14-1-57 by a Division Bench of this High Court, and, the number of the dismissed petition is 2 of 1955. After the dismissal of the previous writ petition on 14-1-57, the petitioner has now filed the present petition on 30-7-57, alleging the same facts. The only new addition in the present petition is that he now challenges the vires of Ordinance No. 56 of 1949 and this he did not do in the previous writ petition. 2. Without considering the case on merits, I think that the writ petition should be dismis...
Tag this Judgment!Jugalkishore Kabra and ors. Vs. Municipal Committee and ors.
Court: Madhya Pradesh
Decided on: Oct-30-1957
Reported in: AIR1958MP393
B.K. Chaturvedi, J.1. This is plaintiffs' second appeal from a decree dated 27-3-1952 passed by the Additional District Judge, Narsimhapur, affirming the, decree dated 16-4-1951 of the Civil Judge (Class II), Sohagpur at Narsimhapur, dismissing the plaintiffs' Civil Suit No. 63-A of 1949.2. The three plaintiffs-appellants are taxpayers of the Municipality of Piparia. The defendants-respondents are eleven in number. Defendant-respondent 1 is the Municipal Committee of Piparia, Tahsil Sohagpur. Defendant-respondent 2 is the nominated President. Defendant-respondent 11 Shri Moolchand Bamoria is the Honorary Secretary of the Municipality.Formerly there was a Notified Area Committee, which was converted into a Municipality by Gazette Notification on 8-1-1949. Defendants-respondents 3 to 10 were nominated members of the said Municipality. The allegations in the plaint are that by a resolution dated 13-4-1949 the Municipal Committee gave its own Plot No. 39/2, area 3 acres, of mouza Deogaon P...
Tag this Judgment!Pevand Bai Holaram Sindhi Narangibai Mandir Lashkar Vs. Kishan Lachhom ...
Court: Madhya Pradesh
Decided on: Oct-29-1957
Reported in: AIR1958MP80
A.H. Khan, J. 1. Under Section 34 of the Displaced Persons Debts Adjustment Act (Act No. 70 of 1951), the appellant filed an application before the Tribunal constituted under Section 4 of the Act for the increase in her maintenance allowance from Rs. 6 per month to Rs. 15/- per month. It is alleged that originally a decree for maintenance was passed in favour of the appellant against Mst. Chanchal Bai, the mother of the respondent. The respondent as an heir to his mother obtained Rs. 8000/- as compensation for properties left in Pakistan, over which a lien was created for the appellant's maintenance. It was said that after receiving the compensation, Kishen the respondent has increased the volume of his business and that she is therefore entitled to a correspondent increase in the amount of her maintenance. The trial Court dismissed the application on the shortground that Section 34 of the Act allows only displaced debtors to apply for variation of maintenance allowance and the applica...
Tag this Judgment!Mst. Marium Bai W/O Inayat Khan Vs. Col. Kashirao Babajirao Pawar
Court: Madhya Pradesh
Decided on: Oct-29-1957
Reported in: AIR1958MP31
A.H. Khan, J. 1. The facts giving rise to this revision in short are that Mst. Marium Bai mortgaged her 8 anna share in the Zamindari village Bir Madhan with Col. Kashirao Pawar. On the abolition of the Zamindari, the village vested in the Government. According to Section 18 (2) of the Madhya Bharat Zamindari Abolition Act (Act No. 13 of 1951), Col. Kashirao Pawar filed an application before the Claims Officer, specifying the particulars of his secured debt. In the course of these proceedings Mst. Marium Eai and Col. Kashirao Pawar arrived at a compromise, the terms of which were that Mst. Marium Bai would sell her house situated in Phalke Bazar for Rs. 3500/- and that in addition to it she would pay him Rs. 1000/- out of the compensation of the mortgaged village. This compromise was recorded by the Compensation Officer on 19-8-52 and an order was passed in terms of this compromise. On the basis of this order Col. Kashirao Pawar filed an application under Section 27 of the Act on 4-12-...
Tag this Judgment!Manoolal Balchand Vs. Kaluram Gulabchand
Court: Madhya Pradesh
Decided on: Oct-25-1957
Reported in: AIR1958MP343
B.K. Chaturvedi, J.1. This is plaintiff's second appeal against a decree dated 27-8-1952 of the 2nd Additional District Judge, Hoshangabad, reversing a decree of the Civil Judge, Class II, Hoshangabad. The plaintiff's case is that on 5-2-1934 he had purchased the absolute occupancy plot Khasra No. 500/1, area 1 acre, of Patti No. 2, of village Meragaon, Tahsil and District Hoshangabad, from Abdulla Bhai and since then he has been in its possession. A license to use the site measuring 28 feet x 46 feet out of this plot for a dwelling house was granted in favour of one Babulal Kumhar. The said Babulal was paying Rs. 2/- as license fee; and he paid this fee till 1947-48. He, then, sold the house on 15-5-1948 to the defendant-respondent by a registered sale-deed without the permission or consent of the plaintiff appellant.The plaintiff sued the defendant for possession of the site after demolition of the structure and removal of material. The trial Court came to the conclusion that the pla...
Tag this Judgment!Sagarmal Onkarji Vs. Jethmal Surajmal
Court: Madhya Pradesh
Decided on: Oct-21-1957
Reported in: AIR1958MP146
V.R. Newaskar, J.1. This is an appeal against an order of remand passed by the Additional District Judge Indore under Order 41, Rule 23, C. P. C.2. The facts giving rise to this appeal are as follows :Plaintiff filed this suit for ejectment and arrears of rent amounting to Rs. 960/- on the allegation that the defendant mortgaged with him his house in Chowk Bazar Mahidpur Ward No. 1 House No. 163 on 20-4-1950 'under a deed of usufructuary mortgage duly registered for a consideration of Rs. 8000/- and delivered possession to him on that day; that out of the aforesaid property possession of the portion of the house mentioned in Para No. 1 of the plaint was actually given possession of to the plaintiff and that the remaining portion of the house was taken by the defendant on Rs. 30 P. M. as rent; that four days later i.e. on 20-4-1950 the defendant executed a rent-note in plaintiffs favour in respect of that portion; that the defendant thereafter did not pay any rent; that the plaintiff th...
Tag this Judgment!Mullaji JamaluddIn and Co. Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Oct-18-1957
Reported in: AIR1958MP220; [1958]9STC499(MP)
ORDER1. The order shall also govern the disposal of miscellaneous petition No. 441 Of 1955.2. These two petitions were filed by Messrs Mullaji Jamaluddin and Co., of Jabalpur who were assessed to slaes tax on certain sales of bidis by the Sales Tax Department. The cases referred to different assessment periods. Miscellaneous petition No. 440 of 1956 covers transactions between 22-10-1949 and 9-11-1950. The other case covers the period of assessment between 10-11-1950 and 30-10-1951.In miscellaneous petition No. 441 of 1955 the assessee got some relief by way of a first appeal, and in both the cases the second appeals of the assessee wore dismissed as out of time. We need not, however, refer to the amounts involved for the reason that the points raised are covered now by authorities and all that we have to do is to give a binding decision for future cases on, similar points.3. The tax was levied on sales in which admittedly the goods were not delivered in the State. The assessee despatc...
Tag this Judgment!Tejraj Chhogalal Gandhi and anr. Vs. State of Madhya Bharat and ors.
Court: Madhya Pradesh
Decided on: Oct-17-1957
Reported in: AIR1958MP115
ORDER1. These are two petitions under Article 226 of the Constitution of India praying for the issue of an appropriate writ or direction to the opponents for the removal of a Shivling (a representation of Hindu God) kept by them in a temple situated in Ratlam City said to be a Jain temple and known as 'Shri Shanti Nath Jain Temple' and also as 'Agarji's Temple' and for allowing the petitioners and other members of the Jain community free access to the temple for worshipping the deities installed therein according to the principles of Jain religion.2. At the close of the arguments of the learned counsel for the parties, we reached the conclusion that the action of the opponents in placing an article purporting to be a Shivling on 26th November, 1954, in the temple constituted a clear infraction of the fundamental rights of the petitioners as Jains under Article 25(1) of the Constitution to enter and worship in the temple according to the tenets of Jainism and that both these petitions o...
Tag this Judgment!Sunderlal Mannalal Vs. Nandramdas Dwarkadas and ors.
Court: Madhya Pradesh
Decided on: Oct-16-1957
Reported in: AIR1958MP260
ORDER1. This petition under Article 226 of the Constitution seeks a writ or prohibition against the Election Tribunal, Ujjain, in a matter of the trial of Election Petition No. 101 of 1957, which was dismissed on 10-9-1957 in default of the appearance of the petitioner before the Tribunal but was restored four days later. The petitioner also seeks a writ, of certiorari quashing the order of restsration passed on 14-9-1957.2. The facts of the case are simple. This case was made over to Shri Manzarali Razvi, who was appointed Election Tribunal, Ujjain, by the Election Commission. The case was listed for 10-9-1957 for hearing and was dismissed at 12-10 P.M. in default of the presence of the present respondent No. 1 or his counsel. It appears that an application for restoration supported by an affidavit was made by the counsel for respondent No. 1 on the same day at 12-30 P. M.In the affidavit it was stated by Shri B. R. Nahata, counsel for respondent No. 1, that respondent No. 1 having lo...
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