Madhya Pradesh Court August 1958 Judgments
Munni Bai and anr. Vs. Abdul Gani
Court: Madhya Pradesh
Decided on: Aug-28-1958
Reported in: AIR1959MP225
G.P. Bhutt, J.1. This is a letters patent appeal against the judgment in Second Appeal No. 227 of 1954 decided by Deo J.2. The appellants were mortgagees in possession of a house situate at Gobra-Nawapara Rajim, tahsil and district Raipur, by a mortgage deed, dated 24-7-1946, executed by one Mst. Dhapli for a consideration of Rs. 1000/-. Mst. Dhapli made an oral gift of the equity of redemption to the respondent on 27-10-1946. He instituted the suit, out of which this appeal arises, against the appellants for redemption. The claim was allowed by the trial court and the decree passed by it was maintained in the first and also in second appeal.3. It has been concurrently found by the Courts below that Mst. Dhapli had orally made a declaration of gift on 37-10-1946 in favour of the plaintiff who was then a minor and was living withher under her guardianship. She had at that time executed a document, Ex. P-1, in his favour, which is reproduced below : --'Mst. Dhapu wife (widow) of Suleman ...
Tag this Judgment!Dr. Daryaosingh Rao Vs. Dr. Pramilabai Bhandarkar
Court: Madhya Pradesh
Decided on: Aug-27-1958
Reported in: AIR1959MP191
P.V. Dixit, J. 1. In 1944 the appellant in the case took on a monthly rent of Rs. 21-8-0 two rooms located in the lower front portion of a house bearing No. 18 situated in Nandlalpura, Indore, from the then owner of the house. Subsequently the house was sold to the respondent Dr. Miss Bhandarkar in 1949 and thereafter the appellant became her tenant. The appellant, who belongs to the medical profession, keeps a dispensary and a laboratory in the rooms rented by him. In 1948 he applied to the Indore Electric Power House for bringing electric energy in the rooms and deposited with the Power House the requisite fee. The Power House declined to grant this without the consent of the owner of the house. Thereupon the appellant approached the respondent to give the necessary consent. When she refused, the appellant instituted a suit claiming an injunction directing the respondent to give the permission and not to obstruct him in obtaining the electric energy connection from the Power House. T...
Tag this Judgment!Mulla Maqbool HussaIn and ors. Vs. Seth Chandmal
Court: Madhya Pradesh
Decided on: Aug-26-1958
Reported in: AIR1959MP430
ORDERT.C. Shrivastava, J.1. This petition for revision has been filed by the defendant. He had objected in the Trial Court that the suit was undervalued both for the purposes of court-fee and jurisdiction. The objection was upheld by the Trial Court but on appeal that decision has been reversed by the Additional District Judge, Bhopal.2. The suit was for specific performance of a contract to lease and also delivery of possession of certain premises belonging to the defendant No. 1 and held by the defendants 2 and 3 as lessees. The allegations in the plaint are that all the three defendants had entered into an agreement withthe plaintiff that the defendants 2 and 3 would vacate the premises on 16-10-54 and the defendant No. 1 shall then lease them to the plaintiff on terms detailed in the plaint. The plaintiff valued the suit under Section 7 Clause (x) (c) of the Court-fee Act (referring to as the Act in this order) as a suit for the specific performance of a contract of lease. The defe...
Tag this Judgment!Mst. Janku and ors. Vs. Kisan
Court: Madhya Pradesh
Decided on: Aug-20-1958
Reported in: AIR1959MP1
M. Hidayatullah, C.J. 1. This appeal is by the defendants, one of whom Tilakchand died during the pendency of the civil suit and only three of the original defendants are now left. Of These, the first appellant Janku was the widow of Laxman, and she transferred 7.39 acres out of khasra No. 343/1 (left by her husband Laxman) to the other defendants by a registered sale deed dated 28 March, 1951. This transaction was challenged by the plaintiff-respondent successfully in the Court below, and he obtained a declaration that the transfer was not binding on him after the death of Mst. Janku. The present appeal is filed against that decision. 2. It may be pointed put that the learned counsel for the appellant did not challenge the decision on the ground that legal necessity had been established in the case. The findings, therefore, on the subject of legal necessity, consideration, and the genuineness of the transaction remain unaffected. The appellants have stated their case entirely under th...
Tag this Judgment!Radhakisan Naraindas, a Partnership Firm Vs. Trilokchand and ors.
Court: Madhya Pradesh
Decided on: Aug-20-1958
Reported in: AIR1959MP21
M. Hidayatullah, C. J.1. This appeal is by the plaintiff against an order refusing a temporary injunction and has been filed under Order 43, Rule 1(r) of the Code of Civil Procedure. The matter arises out of a suit for damages and permanent injunction against the respondents-defendants, who, it is alleged, are infringing a registered trade mark of the plaintiff-firm. This trade mark is affixed as a label containing the picture of a rabbit and as tissue paper (jhilli) on the bidis manufactured by the appellant. The trade mark represents the picture of a rabbit (khargosh) with the usual inscription showing who the manufacturers of the bidi are.The impugned label and 'jhilli' represent not to rabbit but a squirrel and the label is described as 'Gilhari Chhap'. The tissue paper is printed in the same ink and contains respectively the picture of a khargosh and a gilhari. The inscriptions, however, are different inasmuch as in the impugned jhilli they are in English and are placed in the for...
Tag this Judgment!Jamuna Prasad Singh Vs. Shri Ramnivas and ors.
Court: Madhya Pradesh
Decided on: Aug-20-1958
Reported in: AIR1959MP226
M. Hidayatullah, C.J. 1. This is an appeal under Section 116A read with Section 98 of the Representation of the People Act against the decision of the Election Tribunal, Morena, in Election Petition No. 247 of 1957 decided on 31 March 1958. The petition was filed by the present appellant Jamuna Prasad Singly who was an elector in the constituency. The election relates to the Legislative Assembly of the State from the Ambah single-member constituency. As many as 7 candidates contested the election, and the first respondent Shri Ramnivas was returned as elected. 2. In his petition the present appellant set out a number of grounds which were all decided against him with the result that the election petition was ordered to be dismissed. In this appeal the findings on most of the major points have been challenged before us, but the discussion of the election appeal can be dealt with under 14 distinct heads. In addition to the corrupt practices which were alleged against the returned candida...
Tag this Judgment!Kishan Chaturbhuj and anr. Vs. Arjun Shankar and anr.
Court: Madhya Pradesh
Decided on: Aug-20-1958
Reported in: AIR1959MP429
H.R. Krishnan, J.1. This second appeal by the plaintiffs is directed against the judgment and decree of the first appellate court allowing the appeal by the defendants and setting aside a decree awarded by the trial court in favour of the plaintiffs. That suit was for the declaration of title and restoration of possession of the house sold by a widow who got it as her husband's heir and to which the defendant-respondents are the reversioners. The controversy arose because on the date of sale the widow had already remarried.2. The only issue is one of law: Whether according to the Hindu Law of this region, modified, if at all, by the custom of this caste (Kirar), a widow forfeits her life interest in her husband's property in the event of her remarriage.3. The plaintiffs are the purchasers from a Kirar widow after her remarriage. The reversioners contend that in accordance with Hindu Law in force in this area and applicable to this caste, the reversion to the Husband's estate opens as s...
Tag this Judgment!Shrimant Thailendrakishoredas Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-18-1958
Reported in: AIR1959MP27
1. The judgment in this appeal shall also govern the disposal of F. A. 68 of 1954.2. This appeal arises out of Civil Suit No. 6-B of 1950 and the sister appeal out of Civil Suit No. 1-B of 1951, both decided on 14-11-1953 by the Additional District Judge, Rajnandgaon. The plaintiffs in the two suits are brothers. In F. A. 67 of 1954 the plaintiff is Shrimant Thailendra Kishore Das, the brother of the ex-Ruler of Chhuikhadan State who is the appellant in the other appeal. Both the suits were filed against the State of Madhya Pradesh for damages. In this suit the damages were placed at Rs. 30,000 and in the other case at Rs. 12,500. Both the suits were dismissed with costs and hence the present appeals.3. The facts are as follows : Mahant Rituparna Kishore Das (plaintiff in Civil Suit No. 1-B of 1951) was the Ruling Chief of Chhuikhadan State. On 15-12-1947 he entered into an agreement with the Union Government, and on 1-1-1948 there was a merger of his State with the Dominion of India. ...
Tag this Judgment!Raghunath Singh Vs. State of Madhya Bharat
Court: Madhya Pradesh
Decided on: Aug-18-1958
Reported in: AIR1959MP43; (1959)IILLJ187MP
H.R. Krishnan, J.1. This is an application by a Sub-Inspector of Police who was dismissed by the Order of the Deputy Inspector General Police, Northern Range (M. B.) after show cause notices, inquiry and report by the S. P. Guna. The gravamen of his case is that because he was appointed by the I. G. of Police of the erstwhile Gwalior State, and after the constitution of the Madhya Bharat confirmed by that Government in its services, his dismissal by the D. I. G. is illegal and in contravention of Article 311(1) of the Constitution as this authority is subordinate in rank both to the State Government and to the I. G. of Police Madhya Bharat.He has also urged that the conduct of the inquiry was in contravention of the provisions of the Punishment and Appeal Rules, the Madhya Bharat Police Act and Police Regulations (paragraph 234). Accordingly, he has prayed for issue of a writ of certiorari quashing the order of the D. I. G., and directing the grant of all consequential reliefs.2. The m...
Tag this Judgment!Eastern Automobile Syndicate Ltd. and anr. Vs. Babu Rajendrakumarsingh
Court: Madhya Pradesh
Decided on: Aug-14-1958
Reported in: AIR1959MP95
V.R. Newaskar, J.1. A preliminary objection is raised in this appeal on behalf of the respondent that since a winding-up order has been made with respect to the appellant-Company, since the filing of the present appeal in a winding-up proceeding for compulsory winding-up, it cannot be continued without the leave of the winding-up Court by reason of provisions of Section 171 of the Indian Companies Act, 1913, which applies to the present case.2. The facts leading up to the present appeal, necessary for consideration of this objection may be briefly stated:3. Respondent filed the suit out of which this appeal arises against the appellant Company and its Managing Director Thakur Ranjeetsingh for the recovery of Rs. 15,469-8-3 on the basis of a loan agreement in respect of a sum of Rs. 26,000/- on terms and conditions mentioned therein. The agreement, it was alleged, was executed by Thakur Ranjeetsingh as the Managing Director of the Company. Thakur Ranjeetsingh had personally guaranteed t...
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