Madhya Pradesh Court September 1958 Judgments
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Jagannath Prasad Saxena Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Sep-15-1958
Reported in: AIR1959MP136; (1959)ILLJ512MP
M. Hidayatullah, C.J. 1. The petitioner Jagannath Prasad Saxena was serving as an assistant geologist in the Vindhya Pradesh State till 18th June 1956 when he received an order of the Lieutenant Governor, Vindhya Pradesh, terminating his services on payment of his salary for the period of notice admissible to him under the rules. It is this order which he questions in this petition. To understand, however, his case it is necessary to set out the facts at some length. 2. Rewa State granted him a stipend to study a course of geology at Lucknow University. Under the agreement executed by him, he was to serve the state after completing his University education for a period of five years. On 19th August 1949, having obtained the degree of M.Sc. (Geology) from the University, he was appointed as assistant geologist to that State. Annexure 1 to the petition is the order appointing him. Jagannath Prasad Saxena was to get a time scale of Rs. 300--15--450 with effect from the date he joined his ...
Bhagirath S/O Param and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-12-1958
Reported in: AIR1959MP17
1. Seven appellants, Bhagirath S/o Param, Shobha S/o Param, Bhaggi alias Bhagi-rath S/o Paltu Lodhi, Halkai S/o Bhure, Bhagirath S/o Dolu, Mullu S/o Raghunath and Girdhari S/o Nanhoo Kachhi have been convicted by the Additional Sessions Judge, Damoh, under Section 395, Indian Penal Code, and each has been sentenced to five years' rigorous imprisonment. 2. The prosecution story is that a dacoity was committed in the Taparia colony near the suburbs of village Piparia-Mishar in the jurisdiction of Batiagarh Police Station on the night between 17th and 18th December 1956 in the bouses of Ratansingh, Amansingh and Ganeshsing. On 18th December 1956 Purshottam Rao Sapre Patel of the neighbouring village Kutri sent a written report (Ex. P-l), through the kotwar Jalam (P. W. 13). A list of ornaments plundered from the three houses was also sent (Ex. P-3). During investigation it was found that the dacoits reside in villages Mangola and Kabirpur. The two villages are close to each other. Appella...
Shaikh Gafoor Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-12-1958
Reported in: AIR1959MP132; 1959CriLJ478
B.K. Chaturvedi, J. 1. The appellant Shaikh Gafoor, aged 19 years, resident of Hoshangabad, has been convitced by the Additional Sessions Judge, Hosh-angabad, of two offences (1) under Section 366 and (2) under Section 376 of the Indian Penal Code and has been sentenced to five years' rigorous imprisonment on each count. The two sentences have been ordered to run concurrently. 2. The offence under Section 366 has been tried by the Jury and the learned Judge agreed with the verdict of the Jury that the appellant is guilty for having abducted Smt. Narbadibai (P. W. 1) on 8-8-1957 at Hoshangabad to force or seduce her to illicit intercourse. The prosecution story is that the appellant and Ramkisan (P. W. 3) husband of Smt. Narbadibai (P. W. 1) were neighbours in Bala-ganj ward of Hoshangabad town. There were intimate relations between the two families. The appellant was a friend of Puran, younger brother of Ramkisan (P. W. 3), and, therefore, Smt. Narbadibai treated him as her brother-in-...
RamadIn Jitrai Rathor Vs. Gokulprasad and anr.
Court: Madhya Pradesh
Decided on: Sep-10-1958
Reported in: AIR1959MP251
G.P. Bhutt, J.1. This is plaintiff's appeal from the decree dismissing his suit No. 3A of 1952 for declaration.2. The fields in dispute are mentioned in the plaint Schedule B. They were purchased in the name of the plaintiff by sale-deeds, dated 20-5-1921, 19-4-1925, 26-10-1925, 11-1-1928, 29-3-1928 and 8-5-1935, Exs. P-9 to P-15. The case of the plaintiff was that the fields were acquired by him from his separate funds and formed his exclusive property.3. The defendants are the sons of Ramlal, younger brother of the plaintiff. The plaintiff had four more brothers, Puriram, Phudgu, Saheblal and Fulchand. The joint family property of the six brothers was divided by the Panchas by an award, dated 31-1-1921. The fields allotted to the plaintiff and Ramlal are mentioned in Schedule A of the plaint. These fields, however, were always recorded jointly in their names in the village papers. Schedule C of the plaint sets out the fields acquired by the two brothers in their joint names by sale-d...
Chetti Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-09-1958
Reported in: AIR1959MP291; 1959CriLJ989
Tare, J. 1. This application for a certificate of fitness under Article 134(1)(c) of the Constitution of India has been filed by the accused, who was convicted of an offence under Section 376, Indian Penal Code on 7-9-1957 by Shri D. D. Shrivastava, Additional Sessions Judge, Damoh, and sentenced to undergo three years' detention in the Borstal Institute, Narasimhapur. An appeal fi. e. Criminal Appeal No. 347 of 1957) filed by him was dismissed on 3-4-1958 by a Single Bench of this Court, presided over by V. R. Sen J.2. On 16-54958, the applicant filed an application for being released on probation, claiming benefit of Section 4(b)(ii) of the C. P. and Berar Probation of Offenders Act No. I of 1936. It was registered as Miscellaneous Criminal Case No. 88 of 1958. The learned Judge by order dated 14-8-1958 dismissed the application, holding that the applicant could not claim benefit of the said section, as he had been convicted of an offence, which was punishable with imprisonment for l...
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