Madhya Pradesh Court March 1957 Judgments
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Shyamlal Ramkrishna Agarwal and anr. Vs. Takhatmal Bodhraj and anr.
Court: Madhya Pradesh
Decided on: Mar-12-1957
Reported in: AIR1957MP98
1. This is a Letters Patent Appealagainst a decision of Kotval J. in Miscellaneous (First) Appeal No. 44 of 1952, decided on 1st October, 1956. 2. This decision will also govern the disposal of Letters Patent Appeals Nos. 192, 198, 197, 199, 204, 212, 213 and 214 of 1956, filed by the sureties.3. Letters Patent Appeals Nos. 192, 212 and 214 arc filed by surety Shrimati Kamla Devi, Nos. 196 and 197 are filed by surety Lochan Singh, Nos. 198 and 109 are filed by sureties Shyamlal and Shrimati Sushila Devi and Nos. 204 and 213 by surety Babulal. Shri R. S. Dabir argued for sureties (1) Shrimati Kamla Dcvi, (2) Shyamlal and (3) Shrimati Sushila Devi. Shri V. K. Sanglu argued for sureties Lochan Singh and Babulal, The main, arguments are common. 4. These appeals arise from a suit (No. 9-A of 1947) filed on 26th August 1947 by Takhatmal, decree-holder, in the Court of the 1st Additional District Judge, Jabalpur, against Mulkraj Malhotra (respondent No. 2) for dissolution of partnership and r...
Mankuwar Asaram Vs. Mt. Bodhi Mukundi and ors.
Court: Madhya Pradesh
Decided on: Mar-12-1957
Reported in: AIR1957MP211
Bhutt, J.1. This is an appeal of Mst. Mankuwar against the decree of declaration.2. Asaram, the porosities, owned 4 village shares. He died on 17th January 1947, leaving his mother Mst. Bodhani, respondent 1, brother of Uderam, respondent No. 2, and widow Mst. Rambati, respondent No. 3, On his death, the Tahsildar mutated the name of the appellant, jointly with that of Mst. Rambati, as co-proprietors of the village share. Mst. Bodhani and Uderam, therefore, used them for a declaration that the appellant was not the legally married wife of Asarara and had thus no interest in his property. The Courts below allowed the suit. The lower appeal Court also added a further declaration that the order of the Tahsildar did not affect the reversionary rights of the plaintiff.3. In Dhirajkuwar v. Lakhansingh, 1957 MP LJ 137: ((S) AIR 1957 MP 38) (A), a division Bench of this Court, to which I was a party, has held that since the enactment of the Hindu Succession Act, 1956, reversionary rights as kn...
Yakoob Vs. State
Court: Madhya Pradesh
Decided on: Mar-11-1957
Reported in: AIR1958MP29; 1958CriLJ51
ORDERNevaskar, J.1. This is a reference made by the learned Additional Sessions Judge Indore.2. The facts giving rise to the present reference are as follows:Goods-truck belonging to one Ramanbhai Chhotabhai was being taken by the accused Yakoob from Indore to Julwania. This was checked near Bijalpur. The prosecution case is that the truck had no side mirror as required by Rule 129 of the Motor Vehicles Rules Samvat 2006 and it did not bear the letters R. L. W. as required by Rule 31 of the aforesaid Rules. On these facts he was prosecuted before the First Class Magistrate, Indore. The learned Magistrate found the accused guilty and convicted him under Section 112 of the Motor Vehicles Act for transgressing the aforesaid Rules and sentenced him to a fine of Rs. 2/- and 3/-respectively in respect of these two charges. 3. Accused preferred revision petition in the Court of Sessions and the learned Additional Sessions Judge who heard the matter was inclined to hold that the conviction of ...
Piyarelal Jawaharlal Vs. the State
Court: Madhya Pradesh
Decided on: Mar-09-1957
Reported in: AIR1957MP213; 1957CriLJ1403
ORDERA.H. Khan, J.1. This is a reference by the learned Additional Sessions Judge, Bhilsa, recommending that the committal order made by the First Class Magistrate, Biaora, be quashed.2. The facts giving rise to this reference are that two separate charge-sheets were put up by the Police before the Magistrate under Section 409, I. P. C., for two offences alleged to have been committed in the course of a singly year. Both the challans were consolidated and from the record put up before him, the Magistrate was satisfied that there were sufficient grounds for committing the accused to the Court of Sessions because the accused had been previously convicted of an offence under Ch. 17 of the Indian Penal Code.When the case was sent to the Additional Sessions Judge, Bhilsa, he took objection to it on the ground that the Magistrate had not complied with the formalities of Section 347, Cr. P. Code and that as such the order of committal was bad. The learned Additional Sessions Judge has undoubt...
Lal Chandra Bhan Shah Vs. Returning Officer (Deputy Commissioner) and ...
Court: Madhya Pradesh
Decided on: Mar-06-1957
Reported in: AIR1957MP142
ORDER1. This is an application under Article 226 of the Constitution by Lal Chandra Bhan Shah praying for:(i) a writ in the nature of certiorari for quashing the order passed by the Returning Officer, respondent No. 1, on 1-2-1957; (ii) a writ in the nature of mandamus to respondent No. 1 directing him to reject the nomination papers of respondents 2 to 4; (iii) a writ in the nature of quo warranto against respondents 2 to 4 directing them to forbear from contesting the election to the reserved seat of the Bhoma Double Member Constituency for the Legislative Assembly -of the State of Madhya Pradesh; and (iv) such other appropriate writs, directions and orders as the Court may deem fit. 2. The petitioner who claims to be a member of a Scheduled Tribe within the meaning of the Constitution (Scheduled Tribes) Order along with respondents 2 to 4 filed nomination papers for the ensuing General Elections for the seat reserved for Scheduled Tribes of the Bhoma Double Member Assembly Constitu...
Manoharlal and anr. Vs. Brajrajkishore and anr.
Court: Madhya Pradesh
Decided on: Mar-06-1957
Reported in: AIR1957MP214
Bhutt, J.1. This is plaintiffs' appeal from a decree dismissing their suit for possession.2. Dampatkishore, father of respondent No. 1, Brajrajkishore and husband of respondent No. 2, Premwatibai, was the malguzar and lambardar of mouza Silari in, which the fields in dispute are situate. These fields formed the absolute occupancy tenancy holding of the plaintiffs. Dampatkishore obtained three decrees for arrears of rent against the plaintiffs and in execution thereof put the fields to sale. The fields were purchased by Dampatkishore himself on 1-11-1941 but; possession thereof was not taken by him until 11-7-1946 on account of the pendency of other proceedings initiated by the plaintiffs.3. Subsequent to the sale of the fields, Dampatkishore obtained decrees for arrears of rent against the plaintiffs in civil suit Nos. 225-C of 1941 (1 of 1945) and 16-C of 1945, The former suit was for recovery of the rent which fell due on 15th January 1940, 1st May 1940, 15th January 1941 and 1st May...
Union of India (Uoi) Vs. Asharfi Devi and ors.
Court: Madhya Pradesh
Decided on: Mar-01-1957
Reported in: AIR1957MP114
1. The respondent Mithanlal, since deceased, had instituted Civil Suits Nos. 5-B and 8-B of 1948 in the Court of the 2nd Civil Judge, Class I, Sagar, against the appellant, Dominion of India, for recovery of damages. The two suits were consolidated as common questions of law and fact arose for decision. They were disposed of by a single judgment and decree. Only one appeal has, therefore, been filed against the decree which governs both the suits. It was not disputed that due to the amendment of Section 79, Civil Procedure Code, in 1950, the description of the appellant should be ''Union of India'. The necessary correction, which is only of a technical nature shall accordingly be made in the heading of the memorandum of appeal. The present respondents are the legal representatives of Mithanlal.2. Civil Suit No. 5-B of 1948 relates to the damage done to the consignment of tobacco from Naoli Railway Station on the Bombay Baroda and Central India Railway. The consignment was booked on 24-...
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