Madhya Pradesh Court September 1957 Judgments
Abdul Rahman and anr. Vs. Hamid Ali Shah and ors.
Court: Madhya Pradesh
Decided on: Sep-30-1957
Reported in: AIR1959MP190
T.P. Naik, J. 1. The appellants are the plaintiffs. They had purchased house No. 588 situate in Jawaharganj ward of the Jabalpur town from Hamid Ali Shah (defendant No. 1) and Ahmad Ali Shah (defendant No. 2), sons of Mohammad Ali Shah, by a registered sale deed dated 2-6-1945. In pursuanceof the aforesaid sale, they also entered into its possession. The house in suit belonged to Mohamma Ali Shah, and the vendors, defendants Nos. 1 and 2, were only two of the heirs of the deceased Mohammad Ali Shah. In the year 1945 the other heirs of Mohammad Ali Shah, defendants Nos. 4 to 9 (respondents Nos. 4 to 9) filed a civil suit, No. 68-A of 1945, in the Court of the Additional Civil Judge, Class II, Jabalpur, against the plaintiffs only, claiming their share in this house No. 588 on the ground that Hamid Ali Shah and Ahmad Ali Shah, two of the heirs of the deceased Mohammad Ali Shah, had no right to alienate the shares of defendants 4 to 9 in the suit property. The appellants who were the defe...
Tag this Judgment!The State of Madhya Pradesh Vs. Mother Superior Convent School and anr ...
Court: Madhya Pradesh
Decided on: Sep-30-1957
Reported in: AIR1958MP362
M. Hidayatullah, C.J.1. The order in this petition shall also govern the disposal of Miscellaneous Petition No. 216 of 1956.2. These two petitions have been made under Articles 226 and 227 of the Constitution by the State of Madhya Pradesh. Miscellaneous Petition No. 203 of 1956 is directed against the MotherSuperior Convent School through Mother Agnes, Mall Road, Sagar, District Sagar while Miscellaneous Petition No. 216 of 1956 is directed against Roman Catholic Church, Sagar, Roman Catholic Church, Bina, Roman Catholic Church and Orphanage. Shyampura, and Rev. C. Dubbleman, Bishop House, Queen's Road, Jabalpur. In both the petitions the Registrar of Public Trusts, Sagar, has been joined.3. After the enactment of the Madhya Pradesh Public Trusts Act, 1951, these answering respondents were invited by the Registrar of Public Trusts to get the institutions under their control registered under the Act. The institutions represented to the Registrar that they were not affected by the provi...
Tag this Judgment!The State Vs. Nanda Singh Jhanda Singh
Court: Madhya Pradesh
Decided on: Sep-27-1957
Reported in: AIR1958MP54; 1958CriLJ189
A.H. Khan, J. 1. The excise Sub-Inspector, Gohad, filed a report against the accused Nanda Singh under Section 33 of the Madhya Bharat Excise Act (Act No. 14 of 1952) for the possession of illicit liquor. In the course of proceedings, the Excise Sub-Inspector, who was prosecuting the case absented himself on 10-6-55, and the trial Court in consequence dismissed the proceedings under Section 247 of the Criminal Procedure Code. The State Government has filed this appeal on the ground that the provisions of Section 247 are not applicable to a report filed by the Excise Officer, because by reason of Section 61 of the Excise Act, such a report is deemed to be a Police report filed under Section 190 of the Criminal Procedure code. 2. After hearing the arguments of the learned Government Advocate and Mr. T.N. Saksena, learned counsel for the respondent, I am of the opinion that the Government appeal must be allowed. 3. Section 61 of the Excise Act runs as follows : 'If on an investigation by ...
Tag this Judgment!State Vs. Pema Dhanna
Court: Madhya Pradesh
Decided on: Sep-27-1957
Reported in: AIR1958MP67; 1958CriLJ384
A.H. Khan, J. 1. This is an appeal filed by the State of Madhya Bharat under Section 417 of the Criminal Procedure Code, against an order of acquittal passed by the Sessions Judge, Guna, in Criminal Appeal No. 81 of 1953.2. The facts out of which this appeal arises lie within a short compass. The Additional District Magistrate, Guna, tried the respondent, Pema, son of Dhanna, under Section 171F. Indian Penal Code for having personated for one Chatru Banjara in the by-election of the Madhya Bharat Vidhan Sabha. The accused admitted his personation and was in consequence convicted and sentenced to three months rigorous imprisonment by the learned Magistrate. On appeal against his conviction and sentence, the learned Session Judge, acquitted him on the ground that before the initiation of the proceedings against him, sanction as required by Section 196 Criminal Procedure Code was not obtained by the Prosecution. Now the Government has filed this appeal and the contention of the learned Go...
Tag this Judgment!Narayansingh Rambilas Vs. Rameshwardayal Mahadeoji
Court: Madhya Pradesh
Decided on: Sep-27-1957
Reported in: AIR1958MP52
ORDERNewaskar, J. 1. The only question raised in this revision petition relates to the jurisdiction of the Small Cause Court to entertain a suit in respect of hire-charges of a loud speaker. 2. Plaintiff's case is that the defendant took on rent a loud speaker to be used for election purposes and he claimed Rs. 321-14-0 as hire-charges in respect of that loud speaker. The defence is that a suit in respect of the claim in question is not cognizable in the Court of Small Causes as it is specifically excluded under Article 8of the Provincial Small Cause Courts Act. This contention of the defendant was accepted by the learned Small Cause Judge, Indore relying upon a decision reported in Ali Hasan v. Pratap, 1950 Madh-B LR 496 (A). In that case it was held that the word 'rent' in Article 8 of Schedule II of Small Cause Courts Act means a return in money or kind for the enjoyment of specific property held by one person from or under another. The facts of the case in which the aforesaid obser...
Tag this Judgment!Mst. Jhunkaribahu Alias Katrawali W/O Laxmiprasad and anr. Vs. Phoolch ...
Court: Madhya Pradesh
Decided on: Sep-27-1957
Reported in: AIR1958MP261
1. This appeal and First Appeal No. 110 of 1954 arise out of Civil Suit No. 16A of 1951 decided by the First Additional District Judge, Jabalpur. This suit was tiled by Jhunkaribahu (appellant No. 1) and Ramdas (appellant No. 2) against the respondents for partition of the property in suit which consists of Sir and Khudkast lands invillage Padwar and a house bearing No. 395/253B in Bhaldarpura, Jabalpur.Another First Appeal No. 166 of 1951 which relates to a share in the same property has also been heard along with these appeals. This latter appeal arises out of Civil Suit No. 22A of 1950 which was filed by Girnarchand (respondent No. 1) against Phulchand (appellant) Rupchand (respondent No. 2) and Girjabai alias Rajrani (respondent No. 3). This judgment governs the disposal of all the three appeals.2. The facts which were not disputed in both the suits and are not also disputed in these appeals are these : The properties in suit belonged to one Bhaosingh, who died leaving four sons as...
Tag this Judgment!Mooljee Sicka and Co. Vs. Sardar Narharsingh
Court: Madhya Pradesh
Decided on: Sep-25-1957
Reported in: AIR1959MP351
B.K. Chaturvedi, J.1. This is plaintiff's second appeal against a decree of the 2nd Additional District Judge, Bilaspur, reversing the decree of the trial Court and dismissing the plaintiff's suit.2. The facts are that on 21-1-1949 at Bilaspur the plaintiff-firm through the Manager delivered to the defendant No. 2, the driver of a truck of the defendant No. 1, one hundred and twenty bags of tendu leaves for transport to Gondia. It is admitted that Motiram (defendant No. 2) was authorised to enter into contracts on behalf of the defendant No. 1. It was agreed that the plaintiff would pay Rs. 3/8/- per bag as the hire for the transport and Rs. 20/- were paid as advance on this account. The truck No. C.P.R. 578 of the defendant No. 1 left for Gondia loaded with 120 bags that very day, but the bags were never delivered at Gondia. At the rate of Rs. 16/- per bag, the bags of tendu leaves were worth Rs. 1920/- and a suit was filed by the plaintiff against the two defendants for Rs. 1940/-aft...
Tag this Judgment!Bhansarlal Paramsukh and ors. Vs. Navalkishor Mungalal and ors.
Court: Madhya Pradesh
Decided on: Sep-12-1957
Reported in: AIR1958MP21
Samvatsar, J.1. This is defendants' first appeal and arises out of a suit brought by the plaintiffs-respondents in the Court of the Civil Judge, First Class, Guna, to recover from them a sum of Rs. 8,000/-, The plaintiff's case as laid out in the plaint is that the defendants who are members of a joint Hindu family and carry on business in the name of Mansukhdas Khemchand, had from time to time borrowed various sums of money from the plaintiffs; that an account of these dealings, was made on 28-5-1939 when a sum of Rs. 8,000/- was found due to the plaintiffs; that the defendant No. 1, who was then the manager of the business and Karta of the joint family admitted the correctness of the balance and affixed his signature to the debit entry in plaintiffs' Bahi.It is then alleged in the plaint that on 25-4-1942 the defendant No. 3 borrowed a further sum of Rs. 125/- and signed the debit entry in the plaintiff's Bahi acknowledging receipt of this loan that on 27-5-1945 defendant No. 3 appro...
Tag this Judgment!State of Madhya Pradesh Vs. Laxmi Prasad Govind Prasad Bani
Court: Madhya Pradesh
Decided on: Sep-10-1957
Reported in: AIR1960MP372
Shrivastava, J.1. This appeal of the State of Madhya Pradesh is directed against the judgment and decree of the Court of Civil Judge, Class I, Raipur, in civil suit No. 2-A of 1950.2. By a deed of conveyance, dated 6th February 1868, Durga Prasad, grandfather of the plaintiff-respondent, acquired from the Secretary of State for India 2578 acres of waste land for a consideration of Rs. 3,600. The area that was acquired was situate at Mohrengah and Pultrakondoo and in the subsequent settlement case to be called mousa Khaolidabri. The conveyance provided that the land shall be held'for ever free from all present or future demand on account of Government Land Revenue, but subject to all general taxes or local rates, nowor hereafter to be imposed by law in respect thereof, and to all claims of the Government of India in respect of such land other than claims of Government Land Revenue.'3. After the enactment of the Central Provinces and Berar Revocation of Land Revenue Exemptions Act, 1948,...
Tag this Judgment!Nathoolal Vs. Ganpatprasad
Court: Madhya Pradesh
Decided on: Sep-09-1957
Reported in: AIR1958MP84
1. This appeal comes before the Division Bench on a reference by one of us (Chief Justice) because it involves an important question of law requiring authoritative decision. 2. The facts of this case are interesting but simple. The plaintiff, who is the respondent in this appeal, has succeeded in getting a decree for specific performance of an agreement (Ex. P-6) executed by the parties and one Mst. Chhotibai on 4th October 1938. From the terms of that exhibit we gather that Mst. Chhotibai and the present respondent Ganpat Prasad sold to the appellant Nathulal a house which Nathulal agreed to reconvey to them on their paying him Rs. 1,000/- and claiming reconveyance within ten years. It has been found as a fact that Ganpat Prasad tendered Rs. 1,000 to Nathulal within the ten years agreed upon but the latter refused to receive payment from him and hence this suit on 5th October 1948. 3. In the Court of first instance the claim was in the alternative. Ganpat Prasad sought redemption if t...
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