Madhya Pradesh Court April 1957 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.
Mohanlal Jagannath Vs. Tejsingh Thakur Kanyalal and anr.
Court: Madhya Pradesh
Decided on: Apr-16-1957
Reported in: AIR1958MP96
Dixit, J.1. This is an application for leave to appeal as a pauper from a judgment and decree pronounced by the Civil Judge, First Class, Ujjain, in Civil Suit No. 105 of 1951, on 14th May 1955. It was admitted by a Division Bench of the Madhya Bharat High Court on 23-11-1955 and the opponents were called upon to show cause why the petitioner should not be granted the leave prayed for. The petitioner has now made an application offering to pay the requisite court-fee and for being allowed to continue with the appeal as duly filed on 19th November 1955. 2. It is not necessary to consider whether the applicant should be allowed to pay the court-fees, and proceed with the appeal. For, whether the appeal is treated as one in forma pauperis or as one with the requisite court-fees, in either case it is barred by time. This is not disputed by the learned counsel for the applicant. But he prays that as the applicant had, through a wrong advice of his counsel, first filed an application for lea...
Arya Pratinidhi Sabha Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-16-1957
Reported in: AIR1958MP97
1. These four appeals (F. A. Nos. 181 to 184 of 1953) filed by plaintiffs arise out of the judgment and decree in civil suits 10-A to 13-A of 1952 in the Court of Civil Judge, Class I, Raipur. They have been heard together and this judgment governs the disposal of all the four appeals. 2. The following facts are not disputed : The village of Sonekhan Tahsil Baloda-bazar District Durg was held by one James Patrick Meek who got the same from the Government under a conveyance dated 4th July 1365 under Waste Land Mahal Rules in absolute rights (Jar-kharidi rights) free from the liability to pay land-revenue. The said James Patrick transferred his interests in the village to James Handersen in 1905 and James Handersen transferred them to Jaydeosingh, Dalip-singh, Tularam and Udairam. The village was divided into four Pattis and each of the plaintiffs came to own one Patti out of the four in due course. 3. In 1943, C. P. & Berar Land Revocation of Land Revenue Exemptions Act (Act 38 of 1948)...
Brijlal and anr. Vs. Dau Mohanlal
Court: Madhya Pradesh
Decided on: Apr-16-1957
Reported in: AIR1958MP200
1. This second appeal comes before us on a reference by Chaturvrdi J., who has referred the following questions for the decision of the Full Bench :'(1) Under the circumstances of the case, can this suit for joint possession be decreed?(2) After coming into force of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (No. 1 of 1951), can the suit land be considered to be the 'homefarm' of the plaintiff as well as of the defendants within the ambit of the decision of the Full Bench in Rahmatulla Khan v. Mahabirsingh, 1956 Nag LJ 1: (AIR 1956 Nag 132) (A)?'2. The facts of the case are as follows. The defendants are the appellants, against whom a decree for joint possession subject to payment of Rs. 22-8-0 by the plaintiff has been passed in respect of field No. 153/1, area 0.77 acre, which they brought under cultivation from waste land. The plaintiff as co-sharer seeks his share of the field and claims joint possession. The field is situated in...
Biharilal Vs. Ramcharan
Court: Madhya Pradesh
Decided on: Apr-15-1957
Reported in: AIR1957MP165
Hidayatullah, C.J.1. This is petition under Article 226 of the Constitution, seeking ii writ of prohibition against the District Judge, Bhind who is hearing an election petition. The facts of the case go far back and will have to be stated at some length.2. In the year 1955 in, the town of Gohad a municipal election was held. The petitioner Biharilal was a candidate in Ward No. 3, and the first three respondents were his rivals. The petitioner secured the largest number of votes and was declared elected. The first respondent filed an election petition under Section 10 of the Madhya Bharat Municipalities Act, 1954 (Act No. 1 of 1954) read with Rule 131 of the Rules framed thereunder. Before the District Judge an objection was taken to his jurisdiction to entertain the election petition, which the District Judge overruled.Against the order of the District Judge and to seek a writ of prohibition a petition was filed in the High Court of Madhya Bharat, and the High Court acting on its own ...
Union of India (Uoi) Vs. Shantilal Nanchand Jain
Court: Madhya Pradesh
Decided on: Apr-15-1957
Reported in: AIR1957MP192
Bhutt, J.1. This is an appeal by the defendant, Union of India, representing the Central Railway Administration, against the decree for damages.2. The suit, out of which the appeal arises, was instituted by the plaintiff for recovery of Rs. 925-12-0 as damages for loss of goods. Plaintiff had booked a parcel of 77 cotton sarees at Burhanpur on 27th February 1952, for delivery to self at Kurvai Kathora. The consignment reached Kurwai Kathora on 3rd March 1952, and was deposited on open platform near the verandah of the Railway Station. The parcel was stolen in the night of 6/7-3-1952. The Courts below allowed the claim to the extent of Rs. 911-11-0.3. The following points were urged:1. That the railway had taken due care of the consignment in the circumstances of the case; and2. That the railway is absolved from liability under Rule 29, Part I-A, of the Goods Tariff.4. Point 1: The parcel was kept on the open platform without entrusting it to any person. This is not the manner in which ...
Mewalal Vs. Totalal
Court: Madhya Pradesh
Decided on: Apr-15-1957
Reported in: AIR1957MP230; 1957CriLJ1413
ORDERNevaskar, J.1. In this case the only question involved is as regards the necessity of sanction under Section 197, Cr. P. Code, before the accused could be prosecuted. The charges me under Sections 500 and 504, I. P. C., and the accused is a judicial officer. The circumstances alleged are that on 24-12-1953 the complainant was being examined as a witness in a civil case, which was going on before the said judicial officer. At that time he, in temper used the expression 'Nalayak' (unfit) in relation to the complainant twice and on the third occasion, he said 'Nalayak, you will be turned out of Court-room after beating with shoes'.2. A complaint was filed on these allegations. An objection to the entertainability of this complaint was taken on the ground that it cannot proceed in the absence of sanction as required under Section 197, Cr. P. C., as the act complained of could not have been done except in the purported exercise of his official duty or in other words it lay within the s...
Ramchandra Gopalrao Vs. D.i.G. Police
Court: Madhya Pradesh
Decided on: Apr-11-1957
Reported in: AIR1957MP126; (1958)IILLJ414MP
Dixit, J.1. In this case, the petitioner Ramchandra Gopalrao Munshi has moved this Court for a writ in the nature of certiorari to quash an order dated 30th July, 1954, passed by the Deputy Inspector General of Police., Madhya Bharat, dismissing him from service.2. According to the petitioner, he was appointed as a Sub-Inspector of Police in the then Ratlam State by the Ruler of that State by Dar-bar Order No. 9494 dated 31st December, 1945, and was in the service of that State on the date when the Ratlam State merged in Madhya Bharat; that after the formation of Madhya Bharat and the merger therein of the Ratlam State, he was unpointed as a member of the Madhya Bharat Police-Force, as by virtue of Ordinance No. 30 of 1948, issued by the RajPramukh of Madhya Bharat, he was enlisted and enrolled as a Sub-Inspector and his name was included in the list of Sub-Inspectors prepared by the Inspector General of Police of Madhya Bharat and published in the Madhya Bharat Police Gazette dated 31...
Bengal Nagpur Cotton Mills Club Vs. Sales Tax Officer and anr.
Court: Madhya Pradesh
Decided on: Apr-11-1957
Reported in: [1957]8STC781(MP)
ORDER1. This is an application under Article 226 of the Constitution of India for the issuance of a writ or writs in the nature of mandamus or certiorari against the respondents ordering them to refrain from issuing any notice to the petitioner either under Section 15 or Section 10 or under any other section of the Central Provinces and Berar Sales Tax Act, 1947 (hereinafter called the Act).2. The petitioner, Bengal Nagpur Cotton Mills Club, Rajnandgaon, District Durg, claims to be a social and recreational club ; its alleged object being to arrange for the social entertainment and physical and mental recreation of its members. With a view of achieving its object, the petitioner says that it has to afford amenities in sports and indoor games to its members and has to supply cigarettes, soft drinks and foreign liquor to them. A notice under Section 15 (1) of the Act was served on the club to produce, before the Sales Tax Officer, documents and accounts of the club. The club was also ask...
The State Vs. Ramkumar Ramgopal
Court: Madhya Pradesh
Decided on: Apr-09-1957
Reported in: AIR1957MP73
A.H. Khan, J.1. The facts sought to be proved by the prosecution are that the accused Ram Kumar had some cases pending before Mr. Harak Chand, a Municipal Magistrate, Basoda, in these cases he had been granted some adjournments and he was required to appear on 30-6-1952. In order to avoid appearing before the Municipal Magistrate on the above date, he is said to have resorted to the device of sending a telegram, a day earlier, from Bhilsa to Mr. Harak Chand on behalf of Mr. Datar, who was Mr. Harak Chand's counsel in a personal case pending at Bhilsa. The telegram required the immediate presence of Mr. Harak Chand and runs thus:--'Harakchand Oswal, Basoda. Come immediately first train. Datar.' On receiving this telegram, the recipient left for Bhilsa and when he reached there, he found that his counsel was out of station. When Mr. Datar returned to Bhilsa he lodged a report with the Police on 3-7-52.2. In the course of investigation, the Police took out an application alleged to have b...
Mst. Piyajo Vs. State
Court: Madhya Pradesh
Decided on: Apr-09-1957
Reported in: AIR1958MP144; 1958CriLJ762
1. Mst. Piyajo, aged 17 years, has been convicted under Section 302 of the Indian Penal Code for the murder of her husband Nanka on 23rd September 1955 at village Raghunathpur and sentenced to imprisonment for life thereunder by the Additional Sessions Judge, Ambikapur.2. The accused Piyajo and her husband Nanka (deceased) lived in village Raghunathpur with Nanka's brother Bhudhau (P. W. 1) and their mother Mangli. Mahadeo (P. W. 2), who is the elder brother of Nanka, lives in the same village but separate from them. They belong to Korba Adiwasi tribe. The males and females of this tribe are addicted to take liquor. On 23rd September, 1955, the accused and her husband went to the liquor shop in the village which is situated outside the basti. Late in the night the accused alone returned to the village. Next morning, the two brothers of Nanka went in search of him and found his dead body lying in the mud in his field in which paddy crop was standing. He had injuries on his neck and head...