Madhya Pradesh Court January 1958 Judgments
Roopsingh and anr. Vs. State
Court: Madhya Pradesh
Decided on: Jan-31-1958
Reported in: AIR1958MP179; 1958CriLJ896
ORDERT.C. Shrivastava, J.1. The petitioners Roopsingh and Udesingh were tried by the Magistrate Sitamau for offences under Sections 420 and 420/109 I. P. C. and were convicted and sentenced to rigorous imprisonment for six months and a fine of Rs. 500/- each. Against this conviction they preferred an appeal to the Additional Sessions Judge, Mandsaur, who dismissed the appeal but modified the sentences. This revision petition is against the order of the Additional Sessions Judge.2. Facts alleged by the prosecution were these: The two accused along with others had conspired with one Bhaga to cheat the villagers by representing to them that whatever money they gave to them would be returned with an additional equal amount within a short time by doubling it through divine power. The modus operandi was that Bhaga installed the idol of a Goddess in the house of the applicants. Before the idol some pots were kept and people were invited to drop money in those pots and they were told that doub...
Tag this Judgment!Mt. Lukai W/O Katikram and ors. Vs. Niranjan Dayaram and ors.
Court: Madhya Pradesh
Decided on: Jan-31-1958
Reported in: AIR1958MP160
1. This second appeal is by the defendants who are respectively a widow and the transferee from that widow. The transferee, Hariram, is the father of Mst. Lukai, the first appellant. By a- registered sale deed, dated 20-5-1949, Mst. Lukai sold two fields Nos. 409 and 476, total area 4.62 acres, of mouza Kaehhar, tahsil Kharsia, district Raigarh, to Hariram out of 12 old acres of land inherited by her from her husband Katikram. The slit was brought for a declaration by the present respondents that the transfer was not binding on them after the widow's death.2. The suit had a chequered career in the Courts below, the trial Court dismissing it and the first appellate Court decreeing it. According to the first appellate Court, there was no proof of legal necessity nor was any case set up to prove it. The learned appellate Judge, therefore, decreed the plaintiffs claim. The two defendants thereupon appealed.3. During the pendency of this appeal the Hindu Succession Act, 1956 (Act No. XXX Of...
Tag this Judgment!K.C. Sharma Vs. the Election Tribunal and ors.
Court: Madhya Pradesh
Decided on: Jan-31-1958
Reported in: AIR1958MP236
ORDER1. This petition is by K. C. Sharma who challenges before us an order made by the Election Tribunal, Chhatarpur on 7th September, 1957 in election petition No. 270 of 1957. By that order the Election Tribunal partly allowed an application for amendment of particulars in the election petition filed by the present petitioner. By the present petition the petitioner challenges that portion of the order by which amendments sought to be introduced were disallowed.2. The election petition contained allegations of corrupt practices indulged by the returned candidate. It purported to set out particulars of the corrupt practices in three schedules which are numbered, A, B and C. By the application for amendment the petitioner sought to introduce details of the corrupt practices in all the three schedules.Some of these amendments were allowed and the others rejected. It is not necessary to refer to the various amendments which are quite numerous and are not capable of being briefly summarise...
Tag this Judgment!Gangadhar Dandwate Vs. Premchand Kashyap and ors.
Court: Madhya Pradesh
Decided on: Jan-30-1958
Reported in: AIR1958MP182
ORDERA.H. Khan, J.1. The petitioner, desiring to contest the election of Municipal Corporation, Gwalior, from Ward No. 2 filed his nomination paper on 13th January, 1958, through one Jagan Ku-mar Gupta, his seconder, A scrutiny was held on the 16th January, 1958, and, the Nirwachan Nirikshak (Returning Officer) rejected the nomination-paper on the ground that according to Section 23 (1) of the Rules, made under the Madhya Bharat Nagar Palika Nigam Parshad Nirwachan Niyam (hereafter referred to as the 'Niyam') the seconder had not put down the capacity in which he had signed the nomination-paper before the Nirwachan Nirikshak. According to Section 31 of the Niyam, an application was filed before the Nirwachan Padadhikari (Collector), challenging the decision of the Returning Officer. This application was rejected and now the petitioner has come up to the High Court under Article 226 and Article 227 of the Constitution of India.2. A preliminary objection raised in this case is that becau...
Tag this Judgment!Rambux Ramnath Maheshwari Vs. Madanlal Bhikalal
Court: Madhya Pradesh
Decided on: Jan-29-1958
Reported in: AIR1958MP340
ORDERP.V. Dixit, J.1. In a suit instituted by the plaintiff non-applicant Madanlal against Rambux for the recovery of the price of goods alleged to have been sold by the plaintiff, the learned Civil Judge, First Class, Neemuch, while granting the prayer of the defendant-applicant that his own statement be recorded on commission at Hyderabad, where he resided, directed the defendant to pay first to the plaintiff the expenses that he might incur in going to Hyderabad for cross-examining him. In this revision petition, the grievance of the defendant is that the Court had no power to direct the defendant to deposit the expenses of the plaintiff as a condition of the issue of commission.2. The question that is raised in this petition is whether the words 'expenses of commission which occur in Order 26, Rule 15, C. P. C. include the deposit of expenses of other party. In Namdeo v. Union of India, Civil Revision No. 385/53, 1954 Nag LJ (SN) No. 285 (A), Choudhuri, J. has, following Abdurahima...
Tag this Judgment!Shriniwas Vs. Rukmini Raman Pratap Singh and anr.
Court: Madhya Pradesh
Decided on: Jan-24-1958
Reported in: AIR1958MP243
1. The judgment in this appeal shall also govern the disposal of M. P. NO. 194 of 1957 and also the cross-objection filed by the first respondent Shri Rukmini Raman Pratap Singh in the matter of costs awarded by the Tribunal below. 2. In the recent elections to the Legislative Assembly the appellant Shriniwas was a candidate for election along with six others. Of the candidates, the first respondent Shri Rukmini Raman Pratap Singh wag elected, having polled 6,835 votes as against 3,000 odd of the next best polled. We need not mention the number of the votes obtained by the other candidates, except to say that Shrinivas obtained 3,960 votes and one Shri Manbodh Singh, who is not a party to this appeal and was also not joined in the election petition before the Tribunal below, obtained 3,819 votes. After the results were declared Shriniwas filed an election petition for the following reliefs: (a) That the election of the respondent be declared void. (b) The costs of the petition be awar...
Tag this Judgment!Gulaher Ahmad Vs. the Election Tribunal and ors.
Court: Madhya Pradesh
Decided on: Jan-23-1958
Reported in: AIR1958MP224
ORDER1. This is an application under Articles 226 and 227 of the Constitution of India directed against an order passed by the Election Tribunal, Chhalarpur in election petition no. 114 of 1957, on 28th August, 1957.2. The election out of which the election petition arose was to the legislative assembly of Madhya Pradesh from Amarpatan constituency. The tenth respondent Shri Lal Behari Singh was a candidate but he retired from the contest under Section 55A of the Representation of the People Act, 1951 (hereinafter caned the Act) on 19th February, 1957. At the election Shri Ram Hit Gupta, the second respondent was declared elected on 6th March, 1957. The petitioner, Shri Gulsher Ahmed, was also a candidate, and he filed the election petition challenging the election of Shri Ram Hit Gupta. In his petition he did not join Shri Lal Behari Singh. Before the Election Commissioner a contention was raised that the petition was liable to be dismissed in view of the non-joinder of Shri Lal Behar...
Tag this Judgment!Babulal Sharma Vs. BrijnaraIn Brajesh and ors.
Court: Madhya Pradesh
Decided on: Jan-22-1958
Reported in: AIR1958MP175
ORDER1. This petition under Articles 226 and 227 of the Constitution is directed against an order passed by the Election Tribunal, Gwalior in election petition No, 287 of 1957 on 24th September 1957.2. The petitioner Babulal Sharma is a voter and he had by the election petition challenged the election of the first respondent Brijnarain Brijesh. In the election petition he had alleged in paragraph 6 as follows :'That Shri Brijesh, respondent No. 1, and his supporters made systematic appeal to the voters to vote on the ground of caste and creed. personally the respondent No. 1 had been, appealing systematically for Brahmins' support, he being a Brahmin. For non-Brahmins, he would ask whether they were out to murder (meaning thereby to defeat) a Brahmin as against a cow-killer (meaning a member of Congress, a party which is not banning cow-slaughter in the teeth of opposition). His begging votes as a Brahmin in the above fashion told upon the simple villagers and materially furthered his ...
Tag this Judgment!The Bilaspur Central Co-operative Bank Ltd. Vs. the State of Madhya Pr ...
Court: Madhya Pradesh
Decided on: Jan-17-1958
Reported in: AIR1959MP77
1. The plaintiff is the appellant and the State of Madhya Pradesh (the defendant) is the respondent in this appeal. The suit out of which this appeal arises was filed by the plaintiff, the Bilaspur Central Co-operative Bank Ltd., against the State of Madhya Pradesh claiming Rs. 50,843-6-2 on the following facts :2. At Pendra Road, in the Bilaspur district, the Central Co-operative Bank Ltd. maintains a branch. There being no arrangement for keeping the cash of the branch, a request was made to the Inspector-General of Police for permission to keep the cash box at the end of each day in the police station house malkhana at Pendra Road.The Inspector GeneraI of Police gave his assent and every evening the cash box properly locked and sealed used to be deposited in the police station house malkhana, and a receipt thereof used to be obtained on a Dak Book. This went on from 1949 till 11th April 1950, when the cash box duly locked and sealed was deposited in the evening but was found missing...
Tag this Judgment!J.C. Mills Ltd. Vs. Deshraj Singh Bachchusingh
Court: Madhya Pradesh
Decided on: Jan-15-1958
Reported in: AIR1959MP119
A.H. Khan, J.1. The short facts leading to this appeal are that Deshraj Singh was employed by the J. C. Mills Ltd., that on 4-1-56, while he was working in the Mills, a shuttle flew from the loom and struck him in the left eye. He applied on 26-4-56 for compensation under the Workmen's Compensation Act. The claim was resisted by the Mills on the ground that the workman already suffered from old corneal opacity in the left eye, which made him blind and that the injury by the shuttle did not cause the loss of sight, which was already impaired.2. The Commissioner for Workmen's Compensation Mr. Srikishandas Shah held that the workman, was not blind before the accident and awarded Rs. 1470/- as compensation together with costs. Aggrieved by the order, the Mills has filed this appeal under Section 30(a) of Workmen's Compensation Act of 1923.3. The points urged by the appellant are two;First, that in the instant case there is no permanent partial disablement as described in Section 2(g) of th...
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