Madhya Pradesh Court December 1958 Judgments
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Ramnath Sharma Vs. State of M.B. and ors.
Court: Madhya Pradesh
Decided on: Dec-30-1958
Reported in: AIR1959MP218; (1959)ILLJ618MP
H.R. Krishnan, J. 1. This is an application under Article 226 of the Constitution, by the Manager of the Gird District Co-operative Bank Ltd., who was removed by the order of the Registrar Co-operative Societies, under Rule 52(2) of the Gwalior Co-operative Societies Rules, Sm. 1997 framed under Section 78 of the Gwalior Co-operative Societies Act, 1997, continuing at the time to be in force, as being deemed to have been made under the corresponding Section 82 of the Madhya Bharat Co-operative Societies Act, 1.955, 2. The questions for consideration are: (1) Whether, in general, the High Court will entertain applications under Article 226 of the Constitution by the employees of a Bank or a Corporation (other than a statutory corporation created by statute), (2) Whether on the principles of natural justice the High Court can insist on such a corporation following the Article 311 of the Constitution in dealing with its employees, and (3) Whether powers of executive direction given by s...
M.K. Acharya, Additional District Magistrate Vs. Revashankar Narbadapr ...
Court: Madhya Pradesh
Decided on: Dec-30-1958
Reported in: AIR1959MP238; 1959CriLJ842
V.R. Nevaskar, J. 1. The facts giving rise to the present proceedings for contempt have been discussed in the judgment of this Court prior to remand by the Hon'ble the Supreme Court and in the judgment of their Lordships of the Supreme Court remanding the same to this Court. They may briefly be stated again for the purpose of this judgment as under :2. One Gangaram, who is the husband of Chandramukhibai stated to be the landlord of the opponent Revashankar filed a suit against the latter in the Court of Additional City Civil Judge, Indore, No. 1383 of 1952 for ejectment and arrears of rent. The suit was said to be in the name of both Gangaram and his wife Chandramukhibai. In this suit one Mr. Umashankar Chaturvedi appeared on behalf of Gangaram.It was alleged that Chandramukhibai had not in fact signed the plaint filed by Gangaram butGangaram under the advice of his lawyer signed the plaint in the name of his wife. Chandramukhibai is said to have submitted an application against Gangar...
Balmik Prasad Ram Piyare Brahman Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Dec-30-1958
Reported in: AIR1959MP407
Bhutt, C.J. 1. This petition under Article 226 of the Constitution of India is directed against the order of the Collector, Rewa, respondent No. 2, removing the petitioner from the office of the Sarpanch of the Gram Panchayat, Choura,2. It appears that the petitioner recovered some donations, consisting of cash and kind, from the villagers of mauzas Sanori, Makarwat and Bara forthe purposes of erecting Bhawans and Seed Go-downs for the use of the Gram Sabha. He thus collected Rs. 67/8 from 67 subscribers and 3 khan-dis, 12 kurai and 9 kurwa grain from 64 subscribers. He brought the matter to the notice of the Gram Panchayat at its meeting dated 29-10-1957 when the Gram Panchayat passed a resolution that as the amount was small for the purpose for which it was collected, it should be deposited for expenditure on Samaj Shiksha projects, and objections should be invited to the adoption of that course.The villagers of mauzas Makarwat and Sanori did not demur to the proposal but an objectio...
Kamlabai Vs. Dhula
Court: Madhya Pradesh
Decided on: Dec-26-1958
Reported in: AIR1959MP193
ORDERP.V. Dixit, J. 1. In a suit filed by the petitioner for the recovery of the Rs. 385/- from the opponent, as the defendant could not be served personally, substituted service by the order of the court under Order 5, Rule 20, C.P.C. was made by publishing a notice in Nai Dunia, a daily Hindi paper published in Indore. The defendant did not appear in the suit in response to the notice. The suit was, therefore, decreed ex parte against him on 26-10-1956. On 12-1-1957, the defendant presented an application for setting aside the ex parta decree on the ground that the summons was not duly served on him and that ha got knowledge of the decree on or about 10-1-1957. The learned Civil Judge, Second Class, Mahidpur, accepted this plea of the defendant and set aside the ex parte decree against him. The plaintiff has now filed this revision petition against the order of the lower Court setting aside the ex parte decree. 2. Mr. Kutumbale, learned Counsel for the petitioner, urged that the defe...
Vishnu Ganesh Namjoshi Vs. Laxminarayan
Court: Madhya Pradesh
Decided on: Dec-23-1958
Reported in: AIR1959MP293
V.R. Newasker, J.1. This second appeal arises out of plaintiff's suit for ejectment and arrears of rent.2. The facts giving rise to this appeal are as follows:3. Plaintiff Vishnu Ganesh Namjoshi sued defendant Laxminarain on the allegations that the latter had taken shop premises consisting of two rooms in his house abutting on Jail Road, Indore at Rs. 75/- p. m. from 20-4-1949 but that he fell is arrears and failed to pay the same in spite of notice as required by law and that on that account his tenancy was terminated by means of a lawful notice to quit.4. The defendant by his written statement contended that he had deposited with the plaintiff Rs. 225/- being the rent for three months in advance; that although the contractual rent was Rs. 75/-per month, the fair rent was determined at his instance by the Rent Controller at Rs. 22/8/- pet month; that on receipt of plaintiff's notice dated 15-10-1953 he sent to the plaintiff the amount to cover up entire arrears after taking into acco...
Kishanlal Vs. Kothari Jethmal
Court: Madhya Pradesh
Decided on: Dec-22-1958
Reported in: AIR1959MP115
P.V. Dixit, J.1. This appeal by the judgment-debtor arises out of execution proceedings of a money decree obtained by the respondent against the appellant from the Gwalior High Court on 16-9-1948. The decree was for Rs. 15294-12-0 with interestthereon at the rate of six per cent per annum till the payment of the amount to the decree-holder. The judgment-debtor unsuccessfully appealed against that decree to the Special Appeal Committee set up by the Madhya Bharat Government.The decree holder then filed two applications for execution, one for the execution of the decree passed by the Gwalior High Court and another for the recovery of the costs awarded in the special appeal. In execution of the decree passed by the Gwalior High Court and upheld in special appeal, certain property belonging to the judgment-debtor was sold on 23-6-1950. The decree-holder himself purchased the property with the leave of the court for Rs. 24098/-.In execution proceedings, the decree-holder claimed that he was...
Smt. Ramji Raja Vs. Puncham Singh
Court: Madhya Pradesh
Decided on: Dec-18-1958
Reported in: AIR1959MP269
S.D. Shrivastava, J. 1. The question in this second ap-peal is whether the application for execution dated 20-12-1952 filed by the appellant in the Court of the Civil Judge, Second Class, Karera and registered as Execution Case No. 567 of 1952 was barred by Section 48 of the Code of Civil Procedure.2. On 24-6-1937 a decree was passed in favour of the appellant for the recovery of Rs. 2,200/- by the District Sub Judge, Narwar in suit No. 276 of Samvat 1989. It appears that costs were not awarded by the trial Judge to the plaintiff. On her appeal the District Judge, Shivpuri awarded hex costs also (Civil appeal No. 5 of Samvat 1994 decree dated 22-2-1938).3. The first application for execution was made on 16th May 1940 (Execution Case No. 955 of Samvat 1996) in the court of District Sub Judge, Shivpuri. Since the decree-holder prayed for an attachment and sale of zamindari property of the judgment-debtor the decree was transferred for execution to the Collector, Shivpuri and was register...
Har Sharan Lal Vs. Surajmal Kundanmal Oswal
Court: Madhya Pradesh
Decided on: Dec-11-1958
Reported in: AIR1959MP426
H.R. Krishnan, J.1. This is a second appeal by the mortgagor defendant from the concurrent decisions in a suit by the mortgagee plaintiff for repayment of the principal and of interest on a mortgage, and on failure for sale of the mortgaged property.2. The points for decision are the following:(i) Whether the suit is incompetent under Order 2 Rule 2, the same mortgagee having filed and obtained a decree in a suit based on a second mortgage on the same property? In this regard the controversy centres round whether by the recitals in the second deed that mortgage and the earlier one had been consolidated into a single cause of action.(ii) Whether, not having pleaded in the trial court or in the memorandum of first appeal that the plaintiff-mortgagee was barred under Section 67A Indian Transfer of Property Act (Section 74 of the Gwalior Transfer of Property Act) from bringing the present suit, it was open to the mortgagor-defendant to raise it during arguments in the first appellate court...
Gulam Mohammad AzimuddIn and ors. Vs. State
Court: Madhya Pradesh
Decided on: Dec-06-1958
Reported in: AIR1959MP147; 1959CriLJ600
ORDERP.V. Dixit, J.1. The two petitioners were arrested by the police at Ujjain on 25th November 1958 on a requisition under Section 54 (9) Criminal Procedure Code from the Deputy Superintendent of Police, Madras. The requisition stated inter alia that the applicants were charged in a case before the Additional First Class Magistrate, Trivellore, Madras State on 3rd November 1958, under Section 9(a)(b)(c) of the Indian Opium Act read with Sections 109 and 120 I. P. C. and non-bailable warrants for their arrest had been issued by the Court.After the arrest, the petitioners were produced before the City Magistrate, Ujjain on 26th November, 1958, for remand. The learned City Magistrate granted a remand until 11 A. M. of the 28th November, 1958. On this date they were again remanded till I P. M. of 1st December 1958. A further remand was granted on 1st December 1958 till 4 P. M. of 2nd December 1958. On 2-12-1953 the applicants were again produced before the City Magistrate who remanded th...
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