Madhya Pradesh Court April 1958 Judgments
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Kanhai Singh Vs. Harcharanlal Gopiram and ors.
Court: Madhya Pradesh
Decided on: Apr-12-1958
Reported in: AIR1958MP233
A.H. Khan, J.1. This appeal arises out of an insolvency petition presented on 22-11-1949 by Kanhai Singh before the District Judge, Gwalior, alleging that he and his brother Ganesh Singh are members of a Joint Hindu Family, that they carry on a joint family business of farming under the name and style of 'Kannai Singh Ganesh Singh'. It was said that the joint family firm has incurred debts amounting to Rs. 24,000/- and that its assets were worth Rs. 2,460/-. Besides this, the joint family firm has to realise Rs. 7,992714/- as debts from, others. Both the brothers agree to the presentation of this petition. Since the firm is unable to meet its liability, it is prayed that the joint family firm be declared insolvent. Radha Ballabh and other creditors of the firm, resisted the petition.The other brother of the petitioner, Ganesh Singh who is said to be a member of the joint family firm, presented an application on 28-8-52 before the District Judge, saying that he has nothing to do with th...
Mohanlal Ganeshram Vs. Gajrajsingh Bhilusingh and ors.
Court: Madhya Pradesh
Decided on: Apr-08-1958
Reported in: AIR1959MP178
ORDERP.V. Dixit, J. 1. This revision petition arises out of a suit filed by the applicant to recover Rs. 600/- advanced to Bhilusingh and his son Gajrajsingh. The present opponents are the legal representatives of Bhilusingh, who is now dead. The plaintiff's case is that on 13-2-1954, at the time of the loan transaction, Bhilusingh and Gajrajsingh executed a deed in his favour promising to repay Rs. 600/- after two years and giving possession of certain land to the plaintiff for appropriating the rent and profits thereof in lieu of interest on Rs. 600/-; and that he was put in possession of the land but was dispossessed after nearly two years.One of the pleas of the opponents in their defence is that the deed dated 13-2-1954 being a mortgage deed is not admissible in evidence as it is unregistered. The Civil Judge, Second Class, Kasrawad, who is trying the suit tried the question of the admissibility of the document as a preliminary issue and held that the deed in question is a usufruc...
Her Highness Maharani Vijaya Raje ScIndia Vs. Motilal Jugal Kishore
Court: Madhya Pradesh
Decided on: Apr-07-1958
Reported in: AIR1959MP109
M. Hidayatullah, C.J. 1. This appeal has been filed by Her Highness the Maharani Vijaya Raje Scindia against an order passed by the Election Tribunal, in Election Petition No. 310 of 1957 decided on 30th November 1957, by which her election to the Guna constituency in the recent parliamentary election has been declared void. The respondent in the appeal was the proposer of one Shri Brij Narain who was also a candidate at the election. 2. The facts of the case are as follows: As many as ten candidates had filed their nomination papers for the said election. Seven of them filed the notices of withdrawal of their candidature before the appointed date, and no controversy in respect of their withdrawal exists for determination. Of the remaining candidates one other candidate, by name Shri Brij Narain, sent a notice of withdrawal under Section 37 of the Representation of the People Act (hereinafter the Act) through one Ram Swarup Verma on 3rd February 1957. The notice of withdrawal was accep...
Smt. Sonabai W/O Laxminarayan Vs. Board of Revenue and ors.
Court: Madhya Pradesh
Decided on: Apr-01-1958
Reported in: AIR1958MP368
ORDER1. This is a petition under Arts. 226 and 227 of the Constitution of India directed against an order passed by the Board of Revenue on llth January, 1.958 (Annexure 8). 2. The petitioner Sona Bai Balwate was the occupancy tenant of a field bearing khasra No. 276,-which had a garden and a bungalow upon it. The third respondent Gyarsiram made an application on 21-1-1952 under Section 40 of the C. P. Tenancy Act for a declaration that Sona Bai was habitually subletting this field and that he was thus entitledto be declared an occupancy tenant of the field. According to him, the field had been sublet for the statutory period and that he himself was the sub-tenant for the agricultural years 1949-50, 1950-51 and 1951-52. The case was sent for enquiry and report to the Naib-Tahsildar, who reported on 29-6-1953 that on the date of the application (21-1-1952) Gyarsiram was not a tenant 'but a trespasser and that he was not entitled to make an 'application under Section 40 of the C. P. Tena...
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