Madhya Pradesh Court February 1958 Judgments
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Prabhucharan Vs. Shiv Dutt
Court: Madhya Pradesh
Decided on: Feb-20-1958
Reported in: AIR1958MP299
1. This is an appeal against an order of the Election Tribunal, Chhatarpur, dated 22-11-1957, in Election Petition No. 458 of 1957.2. The matter arises Out of the parliamentary election for the Rewa constituency in this State. The present appellant was a voter for that constituency. At the election eight candidates contested for the seat and one Shiv Dutt Upadhyaya, who is the respondent in this appeal, succeeded, having rolled 41,745 votes. The present election petition as well as the appeal have been filed by the voter Prabhucharan presumably in the interest of one Smt. Rama Mitra who polled 21,318 votes.The main contention on behalf of the appellant, (which was the same in the Tribunal below), is that by the allotment of multifarious symbols to the so-called Socialist Party there was confusion in the voting and the voters were not able to cast their votes as they would otherwise have, and that it also entailed a considerable amount of propaganda work against the other parties. Me co...
Balla Munshi Bhoi Vs. the State
Court: Madhya Pradesh
Decided on: Feb-20-1958
Reported in: AIR1958MP192; 1958CriLJ902
A.H. Khan, J.1. The Additional Sessions Judge Bhilsa convieted the accused under Section 302 Indian Penal Code and sentenced him to life imprisonment. He also convicted the accused under Section 394 read with Section 397 I. P. C. and sentenced him to 7 years rigorous imprisonment. Both the sentences were to run concurrently. Aggrieved by his convictions and sentences the accused has filed this appeal.2. The victim in this case is Batton, a boy aged about 7 years. His natural father Harikrishan had given him in adoption to Halku P. W. 1. At the time of the occurrence, Battan was living with his adoptive father in village Bagri. The accused Balla was also a resident o the same village. Since the accused and the boy (Battan) be lived in the same village, they got friendly. The accused Balla owned a vegetable-farm situated on the outskirt of the village. On 24-2-57, before noon, Battan visited the field of his adoptive father, who at that time was carrying on winnowing operations. The boy ...
Manrakhan Baldeo Prasad and ors. Vs. Amir Khan Azam Khan
Court: Madhya Pradesh
Decided on: Feb-17-1958
Reported in: AIR1958MP189
H.R. Krishnan, J.1. These two second appeals arisa from the two decrees in two appeals before the Additional District Judge, Bhind from the judgment of the Civil Judge;, Second Class of Bhind allowing in part the suit of Amir Khan, who is the appellant in Civil Second Appeal No. 160 of 1956 for certain declarations and the removal of encroachment. In view of the order that is being passed, it is unnecessary to go into the basis of the concurrent findings of facts.2. But it is necessary to set out the general nature of the dispute that seems to have been going on mostly in Courts for some years, and is not without dangerous possibilities. In Bhind there is a mosque and adjoining it an Idgah, a piece of land used by the Muslims of the locality, for assembly on certain occasions.To the north of Idgah is the house of Bal-deo Prasad, whose sons were the defendants in the suit and are the appellants in Second Appeal No. 145 of 1956. To the east of Baldeo's house is a lane or passage which go...
Mata Prasad Vs. Mandal Panchayat Morena and anr.
Court: Madhya Pradesh
Decided on: Feb-17-1958
Reported in: AIR1959MP342
H.R. Krishnan, J. 1. This appeal is directed against the concurrent decisions of the lower courts dismissing the suit ad liinine on the ground that the plaintiff had not given notice to the defendant, namely, the Mandal Panchayat, under Section 80 of the Civil Procedure Code. The only question is whether such a notice was necessary.2. The suit of the plaintiff was for different reliefs. It is argued here that it was not intended to pray that the Panchayat should be restrained from levying certain rates at a mela held near a temple owned and maintained by the plaintiff. But it was intended that the defendant Panchayat should be restrained from levying rent on shopkeepers to whom the defendant was allotting plots of his land in the temple enclosure. This is not clear from the plaint and before the issues are framed it will be necessary for the plaintiff to amend his plaint. But this is not a matter directly arising in the present appeal.Under Section 21 of the Madhya Bharat Panchayat Vid...
Rukhmanibai Vs. Kishanlal Ramlal
Court: Madhya Pradesh
Decided on: Feb-05-1958
Reported in: AIR1959MP187
T.C. Shrivastava, J. 1. The respondent Kishanlal had filed an application against the appellant Rukmanibai for divorce under Section 15 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') in the Court of District Judge Indore. During the pendency of the proceedings, the appellant Rukmanibai filed an application under Section 24 of the Act for maintenance pendente lite and necessary expenses of the proceedings. This application was rejected by the Additional District Judge, Indore, on 29-8-1957 on the ground that the advantage of Section 24 of the Act is available only to a petitioner in the main proceedings. Hence this appeal.2. Shri Pande for the respondent has raised a preliminary objection to the maintainability of the present appeal. He contends that under Section 28 of the Act, an appeal against an order rejecting an application under Section 24 is not tenable inasmuch as an appeal lies according to his interpretation of the section, against only those orders wh...
Thakur Dongar Singh Vs. Krishna Kant and anr.
Court: Madhya Pradesh
Decided on: Feb-05-1958
Reported in: AIR1958MP216; 1958CriLJ1036
V.R. Nevaskar, J. 1. The appellant who is a private complainant, was granted permission by this Court under Section 417 (3) of the Criminal Procedure Code to prefer appeal against the order acquitting the respondents who are respectively the Editor anti Printer and publisher of the daily newspaper 'Nai Duniya' Indore in respect of an offence under Section 500, I. P. C. He has accordingly filed this appeal. 2. Facts material for the purpose of this appeal which are no longer in controversy areas follows: One Jagannath, a cultivator of Makdawan was found dead at Ujjain near the railway-bridge on 26-7-1950. Prior to this some dispute was going on between the cultivators of Makda-van and the complainant who is the Thakur of Makdavan. The dead body of Jagannath was taken to the cremation ground. Several reports got spread in the City of Ujjain regarding the circumstances which led to Jagannath's death. There was some commotion in the City. The Police got alert. They caused the dead body of ...
Tikaram Pratapsingh and ors. Vs. Narayansingh and ors.
Court: Madhya Pradesh
Decided on: Feb-04-1958
Reported in: AIR1958MP231
1. The judgment in this appeal shall also govern the disposal of First Appeal No. 24 of 1953.2. These two appeals arise out of a common judgment and have been filed respectively by the defendant and the plaintiffs in the suit. Arjunsingh, the original defendant, died during the pendency of both the appeals, and his legal representatives have been substituted for him in the two appeals.3. The suit was filed by Arjunsingh's three illegitimate sons, claiming arrears of maintenance for three years prior to the date of suit (16-6-1947), a declaration that they were entitled to maintenance at Rs. 200 per month, and a charge to be created upon the separate property of Arjunsingh. In the Court below the claim for maintenance was decreed, but it was ordered at the rate of Rs. 30/- per month, with arrears for three years prior to the date of the suit.Both the parties were dissatisfied with the judgment and appealed against the decree. The plaintiffs claimed maintenance at the rate of Rs. 200/- p...
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