Madhya Pradesh Court January 1959 Judgments
Bahadursingh and anr. Vs. Diwan Moujilal and ors.
Court: Madhya Pradesh
Decided on: Jan-30-1959
Reported in: AIR1960MP43
ORDERT.C. Shrivastava, J.1. This second appeal has been filed by the judgment-debtors against the decree-holders challenging the order passed by the Additional District Judge, Hoshangabad, on 26-7-1958, reversing the order of the 2nd Civil Judge, Hoshangabad, dated 6-1-1958, in an execution case.2. In this case, the decree-holders obtained a decree against the judgment-debtors 011 15-4-1943. The last execution petition was dismissed on 8-8-1953. While this application was pending the judgment-debtors filed an application under Order 21, Rule 2, Civil Procedure Code, for recording an adjustment on 9-7-1953. This petition was opposed by the decree-holders and was ultimately disallowed on 6-4-1955. The judgment-debtors went up in appeal' which was also dismissed. The decree-holders subsequently filed the present execution on 5-4-1957. It is common ground between the parties that unless the decree-holders are allowed the time during which the judgment-debtors' application for recording the...
Tag this Judgment!Mt. Hussaina Bai W/O. Mohammad HussaIn Vs. Mt. Zohra Bai W/O. Taherali
Court: Madhya Pradesh
Decided on: Jan-30-1959
Reported in: AIR1960MP60
Bhutt, C.J. 1. This is a plaintiffs appeal from the decree of the Court of the Additional District Judge, Khandwa, in civil suit No. 45-A of 1951, dismissing her claim fo possession and future mesne profits. 2. The plaintiff Hussainabai is the daughter of the defendant's sister Asmabai (P.W. 5) who is the wife of one Nomanali. The defendant was married to Shamsherali of Nagpur who had considerable property. Shamsherali had a daughter Zainabbai by his former wife but had no issues from the defendant. It appears that the defendant took fancy for the plaintiff and brought her up from her infancy. The plaintiff was married to Kadarbhai of Bombay but was divorced in the year 1946. Shamsherali died in 1944 after executing a deed of settlement dated 24th March 1944 (Exh. P. 23) by which he demised the bulk of his property to his daughter Zainabbai and gave two houses, one of Nagpur and the other of Burhanpur, to the defendant. The defendant was also given the net profits from rents of another...
Tag this Judgment!Smt. Rewati W/O Bhukan Vs. Smt. Gouribai W/O Bhuneshwar and ors.
Court: Madhya Pradesh
Decided on: Jan-30-1959
Reported in: AIR1959MP301
ORDER1. The following question has been referred to this Bench for opinion by one of us (Tare, J.) :'Whether the question whether Gunhari and Sitaram inherited the tenancy lands of their father before 1897 as tenants-iu-common or as joint tenants ought to be decided on the principle of stare decisis or according to the view of the law declared by their Lordships of the Federal Court in Re Hindu Women's Right to Property Act, 1937, AIR 1941 F. C. 72.'2. The genealogy of the parties is as under: ABINATH (died before 1897) | ___________________________________________________________ | | Gunhari Sitaram (died in 1897) (died in 1954) | | __________________________________ _____________________________________________________ | | | | | | | Sumitra Gouribai Hira Janki Deok Rewati Derhin (died) (Plff. 1) (Plff. 2) (died) (deft. 1) (deft. 2) (died) | | | ____________________ | | Firat Saradabai Salik Moti (deft. 3) (deft. 4)(Plff. 3) (Plff. 4) 3. The suit property consisting of occupancy lands...
Tag this Judgment!Samrathmal and anr. Vs. Union of India (Uoi), Ministry of Railway and ...
Court: Madhya Pradesh
Decided on: Jan-30-1959
Reported in: AIR1959MP305
Naik, J.1. This is a first appeal by the plaintiff, a joint Hindu family firm, whose suit for damages, amounting to Rs. 11,301-3-6, for the lass suffered by it on account of late delivery of goods as also their deli-very in a deteriorated condition has been dismissed by the Additional District Judge, Balaghat, on the sole ground that the notices served by it on the respondent railway companies under Section 77 of the Indian Railways Act and under Section 80 of the Code of Civil Procedure were not legal and valid for the purposes. of the claim in suit.2. Seth Samrathmal and Seth Ratanchand are real brothers and they constitute the plaintiff joint Hindu family firm which is carrying on business at Balaghat under the name and style of 'Firm Dhanraj Samrathmal, Balaghat'.3. On 3-3-1950, one Maganlal Sualal booked a consignment of 123 bags of chillies, weighing 85 maunds, at Mandsaur, a railway station on what is now known as the Western Railway (then known as the Bombay Baroda and Central ...
Tag this Judgment!Vyas Automobiles Vs. Central India Motors and ors.
Court: Madhya Pradesh
Decided on: Jan-30-1959
Reported in: AIR1959MP425
ORDERP.V. Dixit, J.1. This is a petition to revise an order of the civil judge second class, Indore, permitting, the plaintiff non-applicant M/s Central India Motors to amend the plaint in the suit so as to, convert the suit originally filed by Shri Lilaram as Karla of a joint Hindu family firm bearing the name M/s Central India Motors into one as on, behalf of M/s Central India Motors, a firm registered under the Indian Partnership Act.2. In the suit, as originally filed, the plaintiff alleged that M/s Central India Motors was a joint Hindu family firm of which the Karta was Lilaram; that the plaintiff firm sold to the defendant Govindsingh, who was the Sales Manager and representative of the defendant M/s Vyas Automobiles Nagpur, five motor car tyres and seat-covers; and that the defendant has failed to pay the price of the same. The plaintiff sued to recover the price of these goods together with sales tax and interest thereon.In its written statement the defendant petitioner raised...
Tag this Judgment!In Re: Mansingh Parma Teli
Court: Madhya Pradesh
Decided on: Jan-28-1959
Reported in: AIR1959MP267; 1959CriLJ850
S.D. Shrivastava, J. 1. The appellant was tried under Section 302, I.P.C. for causing the death of Dulareprasad. The learned Sessions Judge, Indore, found the appellant guilty of the offence under Section 304 (Part 1) LP.C. and sentenced him to suffer rigorous imprisonment for five years. Aggrieved by the conviction and sentence, this appeal has been preferred by the. appellant for his acquittal.2. The prosecution case was that in the night between 22nd and 23rd March 1958, when the appellant came to his house at about 1-30 A.M., he noticed that the doors were closed and suspected some one present inside. Getting suspicious, he chained one door from outside and tapped the other. Eventually, his wife Shamabai P. W. 12, opened the door and Dulareprasad also came cut of the house. At the sight of Dulareprasad being within his house at that hour of the night with his wife, and both being all alone, the appellant slapped his wife, and took out a bamboo with which he gave a blow on the head ...
Tag this Judgment!Smt. Leela Devi Shriwastava Vs. Manoharlal Shriwastava
Court: Madhya Pradesh
Decided on: Jan-28-1959
Reported in: AIR1959MP349
Shiv Dayal, J. 1. This is a first appeal under Section 28 of the Hindu Marriage Act, 1955. On a petition by the appellant under Sections 10(1) and 24 of the Act, the learned Additional District Judge, Shajapur has passed a decree for judicial separation but has disallowed the claim for maintenance. Aggrieved by the latter, this appeal has been preferred and the appellant claims Rs. 80/- per month for maintenance to be awarded against her husband, the respondent. 2. There is no appeal before me against the decree for judicial separation. Thus, the only questions for determination are (i) whether the appellant is entitled to maintenance and (ii) what should be the quantum. 3. Section 25 of the Hindu Marriage Act provides as follows: '25(i). Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either wife or the husband, as the case may be, order that the respondent shall, wh...
Tag this Judgment!Parwatibai Vs. Manager, Rajkumar Mills
Court: Madhya Pradesh
Decided on: Jan-16-1959
Reported in: AIR1959MP281; (1959)IILLJ65MP
P.V. Dixit, J. 1. This is an appeal against the decision of the Commissioner for Workmen's Com-pensation, rejecting the claim of the appellant Parwatibai to compensation as the widow of one Kalu who was an oilman in the employ of the respondent. 2. The appellant alleged that on 29-4-1954 Kalu was working as a substitute for a Jobber and in the course of the work he was asked to do, ho had to mount a belt on a machine and start it and that while bolting the machine he received a jerk and a shock, and fell down and shortly afterwards) died of heart failure. The appellant claimed compensation to the extent of Rs. 2,400/-. These allegations were denied by the respondent, who stated that when he was in the Mill premises Kalu complained of pain in the chest; that thereupon he was taken to the Mill Hospital for first aid and then removed to M. T. Hospital where he died; that Kalu's death was due to cardiac failure and that it was not due to any personal injury caused by any accident arising o...
Tag this Judgment!Smt. Sarla Devi W/O Dwarkaprasad Vs. Birendrasingh S/O Beni Singh and ...
Court: Madhya Pradesh
Decided on: Jan-15-1959
Reported in: AIR1961MP127
T.P. Naik, J . 1. This is on appeal under Section 116A of the Representation of the People Act, 1951 (hereinafter referr-ed to as the Act) against the order of the Election Tribunal, Jabalpur, dated 11th August, 1958, setting aside the election of the appellant, Smt. Sarla Devi Pathak, to the State Legislative Assembly of Madhya Pradesh on the ground that she was guilty of the corrupt practice of bribery as defined in Section 123(1)(b) of the Act2. The particulars of the corrupt practice, as alleged in the election petition, were as follows: 'That on 19-2-1957 Shri Maganlal Bagdi and Shrimati Sarla Devi Pathak went to village Singhpur, tahsil Narsimhapur, and addressed a public meeting there. The villagers and voters of Singhpur, i.e., Madhoprasad son of Sivo Bux Swamy, (2) Mangal son of Bootha, (3) Charkha son of Jeevan, (4) Chidami son of Kharge, and (5) Jawahardas, demanded that they need a well as there is dearth of water supply, particularly for Harijans. Shri Bagdi with several v...
Tag this Judgment!In Re: Shantilal and ors.
Court: Madhya Pradesh
Decided on: Jan-14-1959
Reported in: AIR1959MP290; 1959CriLJ988
ORDERS.D. Shrivastava, J.1. This is a reference by the learned Sessions Judge, West Nimar, Mandleshwar, recommending that the order passed by the Magistrate, First Class, Kasrawad, in Criminal Case No. 136 of 1957 on April 4, 1958, be set aside and the prosecution be allowed to furnish fresh documents in the course of that trial.2. The material facts are that Shantilal and seven others are being tried by the Magistrate, First Class, Kasrawad, who has framed a charge against each of them under Section 147 read with Section 34 I.P.C. With the police report dated October 28, 1957, certain copies were filed under Section 173 Criminal Procedure Code. These copies were supplied to the accused. On December 6, 1957, charges were framed against the accused. On March 20, 1958 the prosecution made an application to the trial Magistrate seeking leave to file two more documents, viz., (i) application dated April 9, 1957, addressed by Chunnilal (complainant) to the District Superintendent of Police,...
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