Madhya Pradesh Court September 1958 Judgments
Browse smarter
Turn browsing into brief-ready notes
Open any judgment and get a structured AI Brief in seconds — plus Semantic Search when you need to hunt by meaning, not keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed — log in to pick up where you left off.
Anand Transport Co. Private Ltd. Vs. Divisional Forest Officer
Court: Madhya Pradesh
Decided on: Sep-30-1958
Reported in: AIR1959MP224
P.K. Tare, J.1. This petition under Article 226 of the Constitution of India challenges the collection from the petitioner of a fee of Re. 1/- per return trip by bus for use of the forest roads between Birgudi and Borai and between Nagari and Sankra.2. The petitioner holds stage carriage permits for operating bus services on Sihawa-Borai route, which passes via Birgudi. From Sihawa to Birgudi, there is a public highway. But from Bir-gudi to Borai, there is a forest road. Similarly he holds a permit to ply buses from Dharatari to Sankra, which goes via Gattasilli Sihawa and Nagari. The road between Nagari and Sankra is a forest road, while the rest of it is a public highway.3. The petitioner's buses were not permitted to pass through the forest roads without the sanction of the respondent On 5-12-1955, he applied for the requisite sanction. The respondent granted sanction on the following conditions.(a) that the company runs the service entirely on their own risk. (b) that they run the ...
Union of India (Uoi) and ors. Vs. Gangaji Kalyanji
Court: Madhya Pradesh
Decided on: Sep-30-1958
Reported in: AIR1959MP222
P.K. Tare, J.1. This is an appeal by the defendant representing the Eastern Railway, the Central Railway and the Northern Railway, against the judgment and decree passed by Shri G. G. Bhojraj, Civil Judge Class I, Chhindwara in Civil Suit No, 1-B of 1951, decided on 30-7-1954, decreeing the respondent's claim for Rs. 5488/12/-.2. On 11-3-1950, the plaintiff-respondent delivered a consignment of sawn timber at Chhindwara for delivery to self at New Delhi. The plaintiff alleged that he had merely authorised one Trilokinath to take the delivery of the consignment on his behalf at New Delhi. The consignment did not reach Delhi and was never delivered to the plaintiff. Therefore, he gave notices under Section 77 of the Rail-ways Act and Section 80 of the Civil Procedure Code and filed the present suit claiming Rs. 5752/-.3. The defence was that the plaintiff had assigned his rights under the railway receipt to Trilokinath. As such, Trilokinath. being the owner, was alone entitled to maintai...
Rawelsingh Ladhasingh and ors. Vs. H.D. Goil
Court: Madhya Pradesh
Decided on: Sep-30-1958
Reported in: AIR1959MP298; 1959CriLJ990; (1959)IILLJ69MP
ORDERP.V. Dixit, J. 1. This reference by the learned Sessions Judge of Indore arises out of the prosecutions of three persons Ravelsingh, G. C. Mehta and Manekchand for an offence under Sub-section (2) of Section 22 of the Minimum Wages Act 1948 in the Court of the Additional District Magistrate of Indore. The prosecutions were initiated on separate complaints filed by the Labour Inspector of the Central Government.During the course of the trial, all the accused persons raised the objection that as the building work, which they were executing for the Western Railway under a contract entered into between them and the President of India acting through the Western Railway Administration, was not a 'scheduled employment carried on by or under the authority of the Central Government,' the Labour Inspector appointed by the Central Government was not competent to make any complaint against them for offences under Section 22(2) of the Minimum Wages Act and that, therefore, the Additional Distr...
Burhanpur Tapti Mills Ltd. Vs. the State Industrial Court and ors.
Court: Madhya Pradesh
Decided on: Sep-24-1958
Reported in: AIR1959MP246; (1958)IILLJ590MP
P.K. Tare, J. 1. This petition under Article 226 of the Constitution of India has been filed by the employer forquashing the order dated 8-4-1957 passed by the Labour Commissioner, Madhya Pradesh, Indore incase No. 8 of 1957 and confirmed by Shri K. B. Kher, Presiding Officer of the State Industrial Court on 1-4-1958 in revision application No. 19 of 1957. 2. The third non-applicant, who was a jobber, in the applicant mills and is a worker of the Rashtriya Mill Mazdoor Sangh, Burhanpur, was served with a charge sheet dated 21-9-1956 (annexure A). The said charge sheet stated that on 21-9-1956 at about 7-30 in the morning when the workers in the weaving department were on duty, the said Sulemankhan (present respondent 3) instigated the workers to stop work, thereby causing an illegal strike in the mills. 3. The proceedings about the enquiry held by the manager on the said charge have not been filed in the present case, but during the course of the arguments, the detailed findings, as al...
Gauri Shanker Shastri Vs. Mayadhardas S/O Rameshwardas and ors.
Court: Madhya Pradesh
Decided on: Sep-23-1958
Reported in: AIR1959MP39
M. Hidayatullah, C. J.1. This appeal is by Gourishankar Sastri, a returned candidate to the general seat from the Charghoda double member Legislative Assembly constituency in tho Raigarh district, whose election has been set aside by an order of the Election Tribunal Raigarh, passed on 8-1-1958 in Election Petition No. 194 of 1957.2. Seven persons contested the election for the two seats. The second respondent Raja Lalit Kumar Singh was declared elected to the reserved seat. His election is no longer in dispute and no argument at the hearing was advanced against him. The appellant Gourishankar Shastri was elected to the general seat. The results of the election were declared on 9-3-1957 and the Gazette notification was issued on 1-4-1957. Though as many as 62 issues were framed in the case, the decision of the Tribunal rests upon issues nos l(a) and (b).The contention of Mayadhardas, the election petitioner, was that the nomination paper of Gourishankar Shastri was wrongly accepted ina...
Bhanu Vs. Dalmia and Co. and anr.
Court: Madhya Pradesh
Decided on: Sep-23-1958
Reported in: AIR1959MP169
ORDERP.K. Tare, J. 1. This revision under Section 115 of the Civil Procedure Code has been filed by the plaintiff against the order of Shri S. R. Tiwari, Second Civil Judge, Chhindwara rejecting, by order dated 3-5-1957, the plaintiff-applicant's prayer for further extension of time for payment of the court-fees, after his application for permission to sue in forma pauperis was rejected and 15 days' time initially granted, had already expired.2. By order dated 9-4-1957, the trial Judge dismissed the plaintiff's application for permission to sue in forma pauperis, and by the same order, the plaintiff was granted 15 days' time to pay the requisite court-fees of Rs. 100/-. The plaintiff, however, failed to pay the court-fees within the time initially granted. The plaintiff had purchased a court-fee stamp of Rs. 100/- on the 16th day of the said order dated 9-4-1957. The said stamp was filed in court by the plaintiff's counsel on 29-4-1957 i.e. on the 20th day.3. The learned trial Judge by...
Pemsingh Raghunathsingh Vs. Gajrabai W/O Dhulji and ors.
Court: Madhya Pradesh
Decided on: Sep-23-1958
Reported in: AIR1959MP327
ORDERP.V. Dixit, J. 1. The plaintiff-applicant has instituteda suit against the opponents for the recovery of Rs. 3611-1-0 alleging that there were money dealings and grain transactions between the parties; that on a certain day in Samvat 2006 Rs. 2187-7-0 were found due from the defendants Gajrabai and Sardar-bai, the purchaser-in-interest of the other defendants; that on that date Gajrabai and Sardarbai signed an acknowledgment in the plaintiff's account books about this amount being due from them; and that the acknowledgment was sufficiently stamped with one anna stamp.The learned trial judge has held that the document which the plaintiff has styled as an acknowledgment is in fact a bond and has directed the plaintiff to pay the requisite stamp duty and penalty before it can be admitted in evidence. It is against this order that the present revision petition has been filed.2. The document in question is in the following form:[kkrk ljnkjckbZ enZ j?kwukFkflag] xtjkckbZ] enZ?kwyth dks ...
Motiram Bhera Khati Vs. Sukma Bai W/O. Bhagirath Khati and ors.
Court: Madhya Pradesh
Decided on: Sep-22-1958
Reported in: AIR1960MP46
P.V. Dixit, J.1. The plaintiff-appellant's suit for a declaration that he is the validly adopted son of one Bhera and for an injunction restraining the defendant Bhuribai, the widow of Bhura, from interfering with the plaintiff's possession and enjoyment of the property left by Bhura has been dismissed by the Courts below. His case was that on 31st January, 1951 he was validly given in adoption according to custom and law by his brother to Bhuribai, the widow of Bhura; that the adoption was performed with due rites and ceremonies; that at the time of adoption the defendant Bhuribai executed a deed of adoption also; that after the adoption he became the adopted son of Bhura and as such took possession of Bhura's property and began living with his adoptive mother Bhuribai; that Bhuribai was now denying that the plaintiff had been adopted by her and had let out some houses belonging to Bhura without the plaintiff's consent; and that, therefore, he was compelled to institute the suit prayi...
Mohd. Latif Choudhry Vs. Smt. Amritkala Baveja and anr.
Court: Madhya Pradesh
Decided on: Sep-22-1958
Reported in: AIR1959MP309
ORDERP.V. Dixit, J.1. These two petitions are directed against art order of interim injunction made in appeal by the second Additional District Judge of Indore in an action brought by Amritkala against the two petitioners, for a prohibitory injunction restraining Mohammad Latif Choudhary from distributing the film 'Jivan-Sathi' anywhere in Central India territory inclusive of Bhopal and Vindya Pradesh and for a mandatory injunction directing M/S D. S. Films to deliver the prints of the said film to Amritkala, By the order sought to be revised, the second Additional District Judge of Indore has restrained Mohammad Latif Choudhary from distributing the film 'Jivan Sathi' to any other person in the Central India territory and from exhibiting it himself or through any person in the said territory, and the applicant M/S D. S. Films from handing over the prints of the film to Mohd. Latif Choudhary or to anyone else except through the plaintiff.2. The undisputed material facts are that on 19-...
Kashiram Vs. Bhagwandas Lallu Kurmi and anr.
Court: Madhya Pradesh
Decided on: Sep-15-1958
Reported in: AIR1959MP75; 1959CriLJ201
ORDERB.K. Chaturvedi, J.1. This is a revision against an order af acquittal passed by the Magistrate Second Class, Jabalpur in Criminal Case No. 330 of 1957.2. The non-applicant No. 1 Bhagwandas was charged under Section 454, Indian Penal Code, for committing theft on 4-4-1956 in the house of one Kashiram Kurmi of Barela (applicant here). The police, during the course of investigation, on suspicion, had searched the house of the accused-non-applicant No. 1 and found some ornaments, i.e., four gold mohurs in a kantha and one gold tabiz along with currency notes of Rs. 390.This property was seized and the complainant claimed it to be his own which was stolen. There was no other evidence in the case, and the success of the prosecution hinged on the question : whether the property recovered from the house of the accused non-applicant No, 1 was his own, or was that of the complainant? The complainant produced several witnesses, including a goldsmith, Parmalal (P. W. 7), to prove that the pr...
- ‹ Prev
- 2
- Next ›
- Last »