Madhya Pradesh Court July 1957 Judgments
Lalchand Agarwal Vs. Keshaorao JamThe and ors.
Court: Madhya Pradesh
Decided on: Jul-31-1957
Reported in: AIR1958MP197
ORDER1. This is a Miscellaneous (First) Appeal against an order passed by the Civil Judge (Class I), Chhindwara, in Civil Suit No. 2-B of 1952, decided on 9-7-1956.2. The suit was filed on 14-2-1952 to recover a sum of Rs. 7,000/- alleged to be due on a promissory note dated 15-2-1949 executed by the defendant. After issues were framed and some witnesses examined on commission, the parties on 6-7-1955 requested the Court to refer the dispute to arbitration. The arbitrators submitted their award which was objected to by the defendant. The objections were overruled and on 9-7-1956 a decree in terms of the award was drawn up. The present appeal was filed by the defendant in this Court under Section 39 (vi) of the Arbitration Act on 24-7-1956 and he also asked for a stay of the decree.3. In answer to a notice issued in the stay matter the plaintifis appeared and contended that the appeal was not tenable, an objection which the office had also raised and which it wasconvenient to hear in th...
Tag this Judgment!State Government Vs. Bhawanesh Kumar
Court: Madhya Pradesh
Decided on: Jul-31-1957
Reported in: AIR1958MP205
1. This is an appal against the acquittal of the respondent Bhawanesh Kumar by the Magistrate, 1st Class, Kawardha, of offences tinder Sections 304A and 338 I P. C. The charges on which he was tried were that he on or about the 13th January 1956 at Singhori village caused the deaths of Raheman Khan, Sheonarayan & Jehan by doing a rash and negligent act not amounting t0 homicide (i. e. by driving vehicle no. M. P. B. 463 rashly and negligently and without a licence, which ultimately resulted in the death of the aforesaid persons) and thereby committed an offence punishable under Section 304A of the Indian Penal Code and secondly on the same day at the same place caused grievous hurt to Sukhao by doing an act (driving truck No. M. P. B. 463) so fastly and negligently as to endanger human life or the personal safety of others and thereby committed an offence under Section 338 of the Indian Penal Code.2. The accused-respondent Bhawanesh Kumar is the Sub-Divisional. Officer (Electrical and ...
Tag this Judgment!Kabra and Co. Trading Cotton Seed Partnership Firm Vs. Union of India ...
Court: Madhya Pradesh
Decided on: Jul-31-1957
Reported in: AIR1958MP294
M. Hidayatullah, C.J.1. This appeal is against the judgment of Deo, J. in second appeal no. 672 of 1950, dated 21-1-1955.2. The short question in this appeal is whether the tariff rates existing on 27-3-1947 should have been applied to the consignments made by the appellant through the railways or the tariff rates existing after, 1-4-1947. The appellant brought his goods to the railway platform or godown on 26-3-1947 and indented for waggons presenting consignment notes and risk forms duly filled in by him. These goods were kept on the railway premises while requisition for waggons was made. The consignments were to be sent in closed waggons. The waggons were available after 1-4-1947 and the railway receipts were executed by the railway authorities on 8-4-1947, applying the new tariff rates which had then come into force. The appellant as plaintiff claims refund of the difference between the old and the new tariff rates on the allegation that his goods were accepted for consignment bef...
Tag this Judgment!Rakhadoo Issoo Kohari Vs. Narayan and ors.
Court: Madhya Pradesh
Decided on: Jul-30-1957
Reported in: AIR1959MP352
G.P. Bhutt, J. 1. This appeal arises out of Miscellaneous Judicial Case No. 72 of 1955 of the Court of Civil Judge, Class II, Balaghat. 2. The appellant had sued the respondents for redemption of a mortgage. A consent decree was ultimately passed in these terms : (a) That the defendants shall place the plaintiff in possession of the land (Kh. No. 168 area 1.42 and kh. No. 187 area 2.20, Rental Rs 12/12/- in Sir Right situated at M. Tuiyaper P. C. No. 19, Tah, Waraseoni, Dist. Balaghat) on the plaintiff's paying Rs. 1450/- to the defendants on or before 31-5-1.954. The parties will hear their own costs. (b) If the plaintiff fails to pay Rs. 1450/- on or before 31-5-54 then the plaintiff's suit shall stand dismissed and the plaintiff will pay defendants' costs.' 3. The following facts which form part of the record were not disputed before me: The Civil Courts were closed on 31-5-1954 on account of summer vacation, and reopened on 14-5-1954. The appellant brought the amount of Rs. 1450/-...
Tag this Judgment!Narayan Krishnaji Joshi and anr. Vs. Krishnaji Mahadeo Joshi
Court: Madhya Pradesh
Decided on: Jul-29-1957
Reported in: AIR1958MP86
Dixit, J. 1. This is an appeal from a decision of the District Judge of Ujjain rejecting a petition filed by the appellants for the probate of the last will and testament of one Dhondu Balaji Joshi who died at Ujjain on 25th February, 1950. The will that is set up is dated 25th February, 1950, and the appellants claim that they are the cousins of the deceased and that Under the will of which they have been appointed executors, property of the value of Rs. 10564-3-0 has been disposed of in their favour. The respondent, who also says that he is the cousin of the deceased, opposed the petition for the grant of probate on the ground that the will propounded was invalid for lack of testamentary capacity on the part of the testator and that the petitioners had obtained the will from the deceased through fraud, and undue influence. The learned District Judge came to the conclusion that the petitioners had failed to satisfy him that the instrument set up by them was the last will of a free and...
Tag this Judgment!Vimal Kumar Babulal and anr. Vs. Sanat Kumar Mathoelal and anr.
Court: Madhya Pradesh
Decided on: Jul-26-1957
Reported in: AIR1958MP287
1. This is an appeal of defendants 1 and 2 against the judgment and decree of the Court of Additional District Judge, Sagar, in civil suit No. 8-A of 1948, by which the claim of the plaintiff for declaration of his title to a house at Khurai was allowed. This judgment shall also dispose of First Appeal No. 54 of 1951, which has been filed by the plaintiffs of civil suit No. 12-A of 1948 of the Court of 2nd Civil Judge, Class II, Sagar, against the judgment and decree dismissing their claim for possession of another house at Khurai. 2. The two houses in dispute belonged to one Hate Bhaiji; on his death, they devolved on his two daughters, Nanhibai and Gangabai. Nanhibai predeceased her sister Gangabai who thereon became full owner of the houses. She died on 4-3-1936. 3. In civil suit No. 8-A of 1948, out of which the present appeal arises, Sanat Kumar, respondent No. 1, was the plaintiff, Babulal and his minor son Vimal Kumar, who are the appellants, were 'defendants Nos. 1 and 2; and G...
Tag this Judgment!Mulla Irshad Ali Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jul-26-1957
Reported in: AIR1958MP332
M. Hidayatullah, C.J.1. This is an application under section 66(2) of the Indian Income-tax Act, 1922, for calling upon the Income-tax Department to state a case.2. The facts of the case are as follows: The applicant was assessed under section 25(3) of the Bhopal Income-tax Act of 1936 (Act VIII of 1936) on a total income of Rs. 2,365/- by an order D/-20-7-1946. After the Indian Income-tax Act was applied to Bhopal, the case was reopened tinder section 34 of the Income-tax Act, inasmuch as it was found that the applicant had encashed 57 high denomination notes of Rs. 1,000/- each on 16-1-1946. A notice was issued to him on 28-3-1951 under section 40 of the Bhopal Income-tax Act, 1936, but in the order sheet section 34 of the Indian Income-tax Act was mentioned and Forms I. T. 90 and 11 were ordered to be used.3. When the applicant filed his return it was not accepted and notices under Sections 23(2) and 22(4) of the Indian Income-tax Act were ordered to be issued. The case went on and ...
Tag this Judgment!Ganeshi Lal Ranchhoddas Mahajan and anr. Vs. Satya NaraIn Tiwari and a ...
Court: Madhya Pradesh
Decided on: Jul-25-1957
Reported in: AIR1958MP39; 1958CriLJ187
ORDERSamvatsar, J. 1. Facts giving rise to this petition are that the opponent No. 1 Satyanarain lodged a report at Chhatripura Police Station on 18-1-1954 that Sadhusingh had taken from him a pair of gold Kadas weighing about 13 or 13-1/2 tolas on 13-10-1952 on the pretext that they were required by his wife for use in the marriage of one of her relatives; that Sadhusingh did not return the gold Kadas, appropriated them to himself and pledged them as his own property. 2. On this report the police registered an offence under Section 406, I. P. C,, and commenced investigation. On 19-1-1954 the police seized the gold Kadas from the petitioner Ganeshilal, proprietor of the firm Gendalal Ganpatlal, with whom Sadhusingh had pledged them for Rs. 925 on 14-10-1952. Sadhusingh could not be arrested as he was found to be absconding. Proceedings were therefore taken under Section 512, Criminal Procedure Code, and in connection with these proceedings the pair of Kadas were produced in Court by th...
Tag this Judgment!Sk. Umar Vs. Shivdansingh and ors.
Court: Madhya Pradesh
Decided on: Jul-24-1957
Reported in: AIR1958MP88
Dixit, J.1. This is an appeal from a decision of the District Judge of Ratlam dismissing the plaintiff-appellant's suit for the refund of the amount of consideration in respect of a contract, and for the recovery of the amount of expenses incurred by him in connection with the contract and the amount of damages sustained by him on account of defendant's certain actions.2. The plaintiff's case was that on 9th January 1949, the defendant granted him a lease of a forest area in his Jagir in consideration of a premium of Rs. 3,325 payable in three instalments, namely, one of Rs. 1,125 on 9th January 1949; the other of Rs. 1,100 on 9th March 1949; and the third of Rs. 1,100 in September 1949; and, that under the lease he, that is the plaintiff, was granted the right to fell trees growing in the forest area for a period of eighteen months, and to remove the wood from the area at any time at his own convenience.The plaintiff averred that he paid Rs. 1,125 to the defendant on 9th January 1949,...
Tag this Judgment!Khalle Fodalia and anr. Vs. Harnarayan Sunderlal
Court: Madhya Pradesh
Decided on: Jul-22-1957
Reported in: AIR1958MP1; 1958CriLJ40
ORDERAbdul Hakim Khan, J.1. Har Narayan lodged a complaint before the Sub-Divisional Magistrate, Moonga-wali under Section 379, Indian Penal Code, that 3,000 bricks were stolen from his klin during his absence when he had been away to see his ailing mother, who eventually died. He later on discovered that two cart-loads of bricks were taken away by the accused Khalle. The trial Court held that the facts were proved, but instead of convicting the accused under Section 379. I. P. C. for theft, the trial Court held him guilty under Section 403 for the offence of criminal misappropriation and fined him Rs. 20/-. The accused being unable to file an appeal because of the bar of Section 413, Cr. P. C., filed a revision before the Sessions Judge of Guna, who has made this reference for setting aside the conviction and sentence on the ground that since the accused was not charged under Section 403, he cannot be convicted under it.2. In expressing this view the learned Sessions Judge has followe...
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