Madhya Pradesh Court October 1959 Judgments
Motilal Pannalal Vs. Kailash Narain
Court: Madhya Pradesh
Decided on: Oct-29-1959
Reported in: AIR1960MP134
Shiv Dayal, J. 1. The only question involved in this second appeal is whether a decree passed in favour of the plaintiff on the ground of personal necessity under Section 4(g) of the M. B. Control of Accommodation Act No. 23 of 1955 must be set aside if the plaintiff dies during the pendency of the appeal from that decree.2. The respondent's father Banwarjlal instituted this suit against Motilal appellant on the ground that he required that house for himself because he wanted to shift from his village Barkheda to Biaora, where the disputed house is situate. It was also alleged in the suit that the portion A, B, C, D of the house was actually let out to the defendant while he took wrongful possession of the Other portion E, F, G, H. The suit was resisted by the defendant but he has been unsuccessful in both the Courts below.3. In this second appeal the learned counsel for the defendant contends that the personal requirement must continue up to the date of the judgment in the final Court...
Tag this Judgment!Municipal Committee Vs. Shah Raisi Hirji and Co. and ors.
Court: Madhya Pradesh
Decided on: Oct-28-1959
Reported in: AIR1960MP217
Dixit, C.J. 1. By this petition under Article 226 of the Constitution of India, the petitioner seeks the issue of a writ of certiorari or any other writ, order or direction to quash a decision of the Board of Revenue, Madhya Pradesh, whereby the Board declared that the non-applicants Nos. 1 and 2 were liable to pay octroi duty on foodgrains brought by them within the limits o the Pandhurna Municipal Committee at 'the exceptional rates given in columns Nos. 2 to 10 of the Schedule to the rules make by the Municipal Committee for the imposition of the octroi duty'' and that they could not be charged octroi duty under column 13 of the Schedule and directed the refund of the excess duty paid by them. The writ of certiorari is sought on the ground that there was an error of law on the face of the record in the decision of the Board of Revenue. 2. The circumstances leading to the making of the impugned order by the Board of Revenue are that the petitioner Municipal Committee made rules in 19...
Tag this Judgment!In Re: Shri Mehra, Senior Supdt. of Post Offices and anr.
Court: Madhya Pradesh
Decided on: Oct-27-1959
Reported in: AIR1962MP72
Tare, J.1. This application for taking action against the non-applicants for contempt of court is by the Magistrate First class, Jabalpur.2. Laxman Dawande, a clerk of the Head Post office, Jabalpur is being prosecuted for an offence under Section 409, I. P. C. The case was registered on 24-11-1958 in the couri: of Shri B. C. Soni, Magistrate First Class, Jabalpur, from where it was transferred to the file of Ku. Sumitra Gandhi, Magistrate First Class, Jabalpur. After transfer, the case is registered as Criminal Case No. 36 of 1959.3. During the pendency of the said case, Shri R.B. Choudhary, Post Master, Head Post Office, Jabalpur, conducted the departmental enquiry in respect of the same mutter involving a charge of misappropriation of a sum of Rs. 8.15 N.P. He submitted a report of the departmental enquiry and on that report the first non-applicant framed a charge sheet against Dawande. Ultimately, he held Dawande guilty of a grave misconduct. Dewande filed an appeal to the Director...
Tag this Judgment!Phuluwa and ors. Vs. Laxmichand Sitabrai
Court: Madhya Pradesh
Decided on: Oct-26-1959
Reported in: AIR1960MP138
Shiv Dayal, J. 1. The respondent brought a suit against the appellants for an agricultural land on the basis of patta granted by the defendants in favour of the plaintiff o 23-1-1946. The patta was registered. The plaintiff, as advised, gave a notice to the defendants on 26-3-1946 to deliver possession to him. Since the defendants did not deliver possession to him he instituted a suit under Sees. 325 and 326 of the Qanoon Mal before the Tahsildar, Bhilsa. That matter went up to the Board of Revenue. The plaintiff did not succeed'there because it was held that he had not been given possession and as such he could not bring a suit under Sec. 326 or 325 of the Qanoon Mal.The plaintiff then brought this civil suit for possession and also claimed mosne profits. In the alternative the plaintiff claimed a decree for the return of consideration for the patta viz. Rs. 495/-. The suit was instituted on 22-10-1954. The defendants resisted the suit inter alia on the ground that the civil Court had...
Tag this Judgment!Deen Mohammad Karim Bux and anr. Vs. State and anr.
Court: Madhya Pradesh
Decided on: Oct-23-1959
Reported in: AIR1960MP381
Krishnan, J. 1. This is a petition under Article 226 of the Constitution of India by a couple who came to India on a Pakistani passport (which was visa-ed) for three months ending on 23-10-1954. Either they were successful, in concealing themselves, or the authorities forgot about them for nearly five years, but on 6-9-1959, they were served with notices by the Civil and Registration Authority of District Ujjain, to show cause why they should not be deported to Pakistan presumbly under the Foreigners Act of 1946, as amended in 1957. We have the copy of notice served on the wife, and the copy of the cause shown by the husband; but we are told by Mr. Khan, learned counsel for the petitioners that the other notice and the other cause are identical. It is urged that no order has yet been made; but they fear that it would be a final order for deportation, as indeed has been made in a number of similar cases; and that at that stage it will be physically impossible for them to seek the assist...
Tag this Judgment!Gajraj Singh Bheru Singh Rajput Vs. State of M.B. and ors.
Court: Madhya Pradesh
Decided on: Oct-22-1959
Reported in: AIR1960MP299
1. The applicant used to be since 1945, a Sub-Inspector in the Police force of Gwa-lior, having been, in fact, promoted from the post of police constable to that of Sub-Inspector by a special order of the Ruler of Gwalior. Having been provisionally taken in the Madhya Bharat police force on the formation of that State, he was, in 1952 ostensibly retrenched from service by an order of the Deputy Inspector General of Police, dated 18-11-1952, on two grounds, namely, consistently bad record and not having the minimum qualification of being a matriculate, these being grounds 2 and 7 of the pre-Constitution retrenchment rules made by the Madhya Bharat Government on 9th July 1949. An appeal to the Inspector General of Police which is provided by the rules, was dismissed on 2-1-1954, the Inspector General holding that, firstly, the service record was not of the desirable type, and secondly, the applicant was not even a matriculate. The Deputy Inspector General did not afford the applicant an ...
Tag this Judgment!Kishorilal Vs. Secy. Regional Transport Authority
Court: Madhya Pradesh
Decided on: Oct-21-1959
Reported in: AIR1962MP7
Naik, J. 1. This is an application under Article 226 of the Constitution for quashing the temporary permit, permit No. P. Tem. 808-B/1959, granted to respondent No. 2, the Central Provinces Transport Services, Jabalpur, by the Secretary, Regional Transport Authority, Rewa, in respect of route Harpal-pur-Chhatarpur for four timings, valid for the period 1st October 1959 to 23rd October 1959 for the carriage of passengers holding road-cum-rail tickets on the ground that the said grant was irregular and in complete disregard of the provisions of the Motor Vehicles Act and the rules made thereunder.2. The petitioner is a transport operator holding permanent stage carriage service permits for the same route (four return trips daily), and he also holds a contract with the postal authorities for carrying mail from Chhatarpur to Harpalpur and vice versa. Harpalpur is the railway-station for Chhatarpur and the timings and the services of the petitioner as well as other operators have been so ad...
Tag this Judgment!Jethuram Sukhra Nagbanshi Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-15-1959
Reported in: AIR1960MP242; 1960CriLJ1093a
Naik, J. 1. The appellant (accused) Jcthuram has been convicted by the Second Additional Sessions Judge, Bilaspur, under Section 302 of the Indian Penal Code for committing the murder of Mst. Bundkunwar on 11th May, 1958, and sentenced to imprisonment for life.2. It is not disputed that Mst. Bundkunwar is dead and that she died of homicidal violence. Dr. Dube (P.W. 7), who performed the post-mortem examination, found the following injuries on the person of the deceased:'(1) An incised wound 2' x 1/2', spindle shape, on the left side of the chest, 3 1/2' above the nipple at the 10 o'clock angle. 2nd and 3rd ribs cut. Pleura and lung also cut. Blood clot present. Straight in direction. (2) An incised wound 2' x 1/4' x 1/4', transverse in direction, on the upper 1/3rd of the right side of the back. (3) An incised wound 1' x 1/2' x 1/4' just above injury No. (2), transverse in direction. (4) An incised wound 3 1/2' x 1/4' on the front part of the head on the left side, just above the middl...
Tag this Judgment!Shri Orilal Motilal Vs. Mst. Kallu W/O Bharosa and anr.
Court: Madhya Pradesh
Decided on: Oct-05-1959
Reported in: AIR1960MP386; 1960CriLJ1613
Sen, J. 1. This is an appeal under Sub-section (3) of Section 417 of the Code of Criminal Procedure against the acquittal of the accused-respondents ot an offence punishable under Section 500 of the Indian Penal Code. The charge against them was that they had defamed the complainant, Orilal (P. W. 1), by making imputations concerning him that respondent No. 1 Mst. Kallo, a blind widowed daughter of respondent No. 2 Pachaiya, had conceived through him by illicit intercourse. The defence was that the respondents were protected under the Ninth Exception to Section 499 of the Indian Penal Code. 2. The complainant is a blind beggar, aged about 50 years, resident of village Panama, and his complaint was that the imputation was false and had been made and published maliciously to defame him. 3. It is not disputed that the imputation was made and published, and that unless accepted by the Ninth Exception to Section 499 of the Indian Penal Code, it was defamatory within the mean-ing of that sec...
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