Madhya Pradesh Court April 1957 Judgments
Shaukat HussaIn and anr. Vs. Sheodayal Saksaina
Court: Madhya Pradesh
Decided on: Apr-25-1957
Reported in: 1958CriLJ1319
ORDERB.K. Chaturvedi, J.1. The applicants work a small cotton carding machine of five horse power in Mohalla Gajrat Khana Katra in the town of Rewa. The non-applicant filed an application in the Court of the Additional District Magistrate, Rewa, alleging that the small particles of cotton are blown in the air from .the machine and cause harm to breathing and that the machine also produces noise and disturbance to public peace;- so it must be stopped. This application has been granted by the Court below. The present petitioners have been asked to stop the working of the machine. The Court below has also gone beyond its jurisdiction under Section 133 of the Code of Criminal Procedure in issuing an order to the Municipality that the licence granted to the petitioners must be cancelled. The petitioners have come in revision to this Court against the order passed by the Additional District Magistrate, Rewa.2. The non-applicant raised an objection that, unless the petitioners had applied to ...
Tag this Judgment!Antulal Kudhera Ram Vs. Kunwar Pal Singh Khub Chand Singh
Court: Madhya Pradesh
Decided on: Apr-20-1957
Reported in: AIR1958MP7
Samvatsar, J.1. This is an appeal consequent upon the certificate of fitness granted by a Single Judge of the High Court of Madhya Bharat on an application under Section 23 of the Madhya Bharat High Court of Judicature Act. The appeal could be heard by a Division Bench and has been placed for disposal before us as the case stood undisposed of till that High Court was abolished.2. The question which was raised before the learned Judge was whether, when a decree for pre-emption is passed by the Trial Court fixing a certain period from the date of the decree for payment of pre-emption money and no payment is made within the period so fixed, and when in an appeal from that decree no order staying execution of the decree is passed and the decree is affirmed without any order fixing a fresh period for payment, the period for payment should be calculated from the date of the original Court's decree or from the date of the Appellate Court's decree.3. The learned Judge on consideration of the w...
Tag this Judgment!State Vs. Hiranand
Court: Madhya Pradesh
Decided on: Apr-20-1957
Reported in: AIR1958MP2; 1958CriLJ41
ORDERSamvatsar, J.1. The opponent in this case is one Hiranand s/o Hotchand, an employee of the Cantonment Board at Mhow. During the year 1953-54 he was Office Superintendent in the office of the Board. He has a son by name Gurubux, who carried on business as an insurance agent.2. Sometime in the year 1953 there were rumours that Hiranand coerced his subordinates in taking policies of the insurance company which was represented by his son and also received illegal gratifications. There were also anonymous letters received by the authorities complaining against Hiranand for mal-practices. Ramkishan, the Vice-President of the Cantonment Board and certain other persons requested the Executive Officer of the Cantonment Board by a letter dated 20-8-1953 to inquire into the conduct of Hiranand. No definite action was however taken by the Executive Officer on this letter.3. It seems that complaints against Hiranand were also received by the Anti-Corruption Police, and after making some kind o...
Tag this Judgment!State of Madhya Pradesh Vs. M. Hassonjee and Sons
Court: Madhya Pradesh
Decided on: Apr-20-1957
Reported in: AIR1957MP135
1. This is a first appeal filed by the defendant against the decision of the A. D. J. Chhindwara in C. S. No. 3-A of 1951 decided on 26th September 1952, allowing the claim of the respondent for a sum of Rs. 40,865/- and interest.2. One Haji Zehiruddin, of Bhopal, held a mining lease D/- 20-5-23 of 189.76 acres of land in Chhindwara for extracting coal. This lease was transferred on 4th September 1940 to the respondent. The respondent was anxious to acquire some land from two adjacent collieries. After protracted negotiations, the State Government agreed in 1947 to grant their consent to the transfer of the adjacent lands to respondent subject to the condition that the respondents took a consolidated lease for the whole area at an enhanced rate of royalty.The respondent agreed and executed an agreement dated llth January 1949 (Ex. P-3) by which the royalty rate was raised from Rs. 5/- per ton to Rs. 10/- per ton. The respondent started working the mines, though no formal mining lease w...
Tag this Judgment!Laxminarayan Vs. Ram Sarup
Court: Madhya Pradesh
Decided on: Apr-20-1957
Reported in: AIR1957MP173
ORDERNewaskar, J.1. This revision-petition arises out of a suit filed on behalf of plaintiff Laxminaram S/o Tulsiram minor by his mother Anandibai as his guardian against defendants Ramsarup and plaintiff's father Tulsiram under the following circumstances. There are two houses in Lashkar, which are said to be the ancestral property of plaintiff and his father. Plaintiff claimed half share in these houses. These two houses were mortgaged by plaintiff's father Tulsiram with defendant No. 1 Ramsarun and the money thus procured had been wasted for illegal and immoral purposes including gambling and not for the purposes of the family.The defendant Ramsarup later filed a suit and obtained a decree against Tulsiram and sought to sell the mortgaged property in execution of that decree. Plaintiff's case is that the decree obtained by Ramsarup was collusive & was intended to cause loss to his rights. A case was also set up in the alternative that there had been partition between him and his fat...
Tag this Judgment!Sobharam Tikaram and ors. Vs. Rajkumar Munnalal and ors.
Court: Madhya Pradesh
Decided on: Apr-19-1957
Reported in: AIR1959MP118
1. This is plaintiff's appeal from the decree of the Court of Additional District Judge, Sagar, dismissing civil suit No. 13-A of 1947 for possession.2. The appellants are the trustees of Digambar Jain Mahila Ashram, Sagar. The suit was for possession of a house situate in Katra Bazar, Sagar, and gold ornaments worth Rs. 13,282/8/-, which belonged to Kanchhedilal who died on 17th November, 1945. Rewaram, who died during the pendency of the suit, was the separated brother of Kanchhadilal. He transferred the property in dispute to the Digambar Jain Mahila Ashram by a registered deed of trust, dated 12th January, 1946, claiming to have inherited it from his deceased brother. The suit was based on the deed of trust executed by him.3. The suit was originally instituted against Manbai. On her death, during the pendency of the suit, her minor son Rajkumar and his certificated guardian Chhotelal were brought on record as her legal representatives. Their defence was that Rajkumar was the legiti...
Tag this Judgment!Pt. Krishna Chandra Sharma and ors. Vs. Pt. Ramgulam and anr.
Court: Madhya Pradesh
Decided on: Apr-19-1957
Reported in: AIR1958MP295
1. This appeal has been filed by the plaintiffs against the decision of the Civil Judge Class I, Sagar, in Civil Suit No. 13-A of 1950.2. The plaintiffs had executed a sale-deed on 1st February, 1949 (Ex. P-5) in respect of their Malik Makbuza plot No. 46/1 situated at Khurai town for Rs. 7,262/8/- which consisted of Rs. 5,000/- paid on 1st February, 1949, Rs. 2,000/- paid on 4th February, 1949 and Rs. 262/8/- future interest for five months in advance. On the same date, the defendants executed an agreement (Ex. P-6) agreeing that 'they would reconvey the plot to the plaintiffs if an amount of Rs. 7275/'- was paid by them at any time up to 1st July, 1949. The plaintiffs stated that on 24th June, 1949, 29th June 3949 and 1st July, 1949, they offered to pay the defendants the agreed amount but the defendants put oil executing reconveyance on various excuses. On 2nd July, 1949, the defendant No. 1 met the plaintiff No. 1 in the Bar Library, at Khurai and promised to execute a sale-deed it...
Tag this Judgment!Harakchand Patni Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Apr-18-1957
Reported in: AIR1958MP93
1. This is a first appeal filed by the plaintiff against the judgment of Civil Judge, Class I, Chhindwara in civil suit No. 5-B of 1950 dismissing the suit. 2. The plaintiff owned a truck which he had let out on hire to Shri D. K. Patni of Chhindwara for the year 1949. While the truck was being driven by Bipat Singh (P. W. 5) on the mid-night of 14th June 1949, it met with an accident on the level crossing between Barkuhi and Khirsadoh railway stations. A goods train was coming from Barkuhi to Khirsadoh, hit the truck while it was crossing the railway line. The suit was for recovery of damages thus caused to the truck. Another suit was filed by Bipat Singh driver for compensation for injuries sustained by him. Both these suits were tried together and have been dismissed by the lower Court. Bipat Singh has not filed any appeal against the dismissal of his suit. 3. From the spot inspection-report Ex. P-4, recorded by the lower Court and the sketch map Ex. C-1, it appears that as the trai...
Tag this Judgment!Birsingh Baldeosingh Gond and anr. Vs. Madhya Pradesh Government Throu ...
Court: Madhya Pradesh
Decided on: Apr-18-1957
Reported in: AIR1957MP169; 1957CriLJ1146
1. This is a first appeal filed by the plaintiffs against the dismissal of their suit C. S. No. 2-B of 1952 by the Additional District Judge, Rajnandgaon.2. The undisputed facts in this case are --, these. The plaintiff (1) had removed 425 logs of teak from the Government reserved forest village Kholarghat, Tahsil Khsiragarh, in the beginning of 1950. He was being prosecuted for the offence of illicit felling but the matter was compounded. The composition of the offences was made by plaintiff No. 1, Birsingh, and the plaintiff No. 2 Sugansingh Mohta had stood surety for the amount. Sugansingh Mehta (Plaintiff No. 2) deposited the price of timber, Rs. 13,225, as determined by the Forest Officer, in composition proceedings. Besides, this, a sum of RS. 150 was deposited as composition fee for three offences.3. The contention of the plaintiff was that the timber should have been valued by the Forest Officer at the rates given in Schedule 2 to the plaint, which are stated to be rates of roy...
Tag this Judgment!Kallulal and anr. Vs. Hemchand and ors.
Court: Madhya Pradesh
Decided on: Apr-17-1957
Reported in: AIR1958MP48
Chaturvedi, J.1. This is an appeal by the defendants from the decree and judgment dated 25-8-1951 of the Additional District Judge, Jabalpur, in Civil Suit No. 2-B of 1950. The appellants are owners of a house in the Lord Ganj locality of Jabalpur, the southern wall of which adjoined a highway. For several years past Thelas (cycle-wheel stalls) used to be kept on this highway near the said wall. On 25-8-1947 at 5 to 5-30 p. m., when it was raining the southern wall of the first storey of the appellants' house suddenly collapsed crushing the Thela of respondent 1 and immediately killing his son, Vijay Kumar, aged 6 1/2 years, and his daughter Suraj Bai aged 10 years, whom the respondent 1 had entrusted the Thela containing hosiery goods while going home to take his meals. These children used to help their father in his business.The police prosecuted appellants Kaloolal and Chhuttanlal under Section 304A of the Indian Penal Code, but they were acquitted. The respondent Hemchand and his w...
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