Madhya Pradesh Court December 1959 Judgments
Ratanlal Bhannalal Mahajan Vs. Baboolal Hajarilal JaIn and ors.
Court: Madhya Pradesh
Decided on: Dec-23-1959
Reported in: AIR1960MP200
V.R. Newaskar, J. 1. This is a plaintiff's second appeal. His suit was for recovery of Rs. 898-2-0 as damages for loss caused to his salt-bags by the wrongful act of trespass upon the premises in possession as a sub-tenant. The alleged act of trespass is said to have occurred on 14-8-1948 and consequent the loss to the goods within two or three days of that date. The suit was filed on 13-8-1951. The claim for damages consisted of Rs. 150/- as loss due to 10 out of 102 salt-bags having been pilfered away, Rs. 98-2-0 for the loss caused due to washing away of the salt in the remaining 92 bags due to rains, Rs. 150/- as expenses in connection with a criminal complaint filed by the plaintiff against the defendants namely his own landlord, that is the principal tenant and against the primary landlords as also against their Munim and Rs. 500/- as general damages for loss of reputation etc.2. The trial court granted a decree for Rs. 548-2-0 after disallowing claim in respect of the expenses o...
Tag this Judgment!B.C. Tiwari Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-22-1959
Reported in: AIR1960MP216; [1960(1)FLR263]; (1960)IILLJ419MP
Dixit, C.J. 1. In this application under Article 226 of the Constitution of India, the petitioner states that on 1-4-1949 he entered the Madhya Pradesh Superior Forest Service in the grade of Rs. 250-250-25-400-EB-25-500-600-25-850. He was confirmed as Assistant Conservator of Forest on 21-11-1952. In 1952 he was appointed to officiate as Deputy Conservator of Forests in higher grade and posted as Divisional Forest Officer, Durg. In 1954 a departmental enquiry was held against the petitioner on charges of misconduct and inefficiency in the discharge of his duties. As a result of this enquiry the Government made an order on 18-12-1954 censuring the petitioner in regard to one of the charges and on the others reverting him to the post of Assistant Conservator of Forests 'for a period of one year' with the direction that his future promotion thereafter would depend upon 'the good reports from the Chief Conservator of Forests'. The petitioner further avers that when after 18-12-1955 the Go...
Tag this Judgment!Keshrimal Devichand Porwal Vs. Bhuwan Moda Suttar
Court: Madhya Pradesh
Decided on: Dec-22-1959
Reported in: AIR1960MP272
V.R. Newaskar, J. 1. This second appeal arises out of a suit for money and involves the question regarding limitation and particularly the effect of mentioning the debt sued upon in the petition to the Debt Conciliation Board by the debtor for conciliation of his debts under the Indore Debt Concilia Son Act. 2. The facts giving rise to the present appeal in so far as they are necessary for the consideration of this question are as follows : On Savan Badi I Samvat Year 1995 a balance of Rs. 392-3-9 was struck in the Khata of the defendant with the plaintiff. The defendant acknowledged this sum as due from him and agreed to repay it by 14 instalments of Rs. 24/- each falling due on Pous Sudi 15 and Vaisakh Sudi 15 of each year after the execution of the Khata and two instalments of Rs. 28 and Rs. 28-3-9 falling due on Pous Sudi 15 S.Y. 2002 and Jeth Sudi 15 S.Y. 2003 respectively. In default of payment of instalments agreed upon interest at Rs. 1-8-0 per cent per mensem was to be paid. T...
Tag this Judgment!Firm Dattulal Badrinarayan and ors. Vs. Siddheshwar Jagannath and ors.
Court: Madhya Pradesh
Decided on: Dec-21-1959
Reported in: AIR1960MP204
Newaskar, J. 1. This appeal is directed against an order passed by the Insolvency Court rejecting the application of the appellant for an absolute discharge.2. The circumstances leading to the order may briefly be stated as follows:--The appellant is a firm whose partners are Dattulal and Badrinarayan. This firm carried on business in silver and gold and ultimately came to grief. The debts due from the Firm got swollen to Rs. 80,155-15-9 and they were unable to discharge their obligations. An application for their adjudication was submitted by the appellants. They were accordingly adjudicated insolvents. The appellants then submitted an application for their discharge after their assets had been made over to the Official Receiver. The property, which was found with the insolvents, was an immovable property subject to mortgage and after the disposal of the property and the payments of dues of the secured creditor only Rs. 2358-9-6 were lying in the hands of the Receiver. The creditors o...
Tag this Judgment!Bhailal Bhai Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Dec-16-1959
Reported in: [1960]11STC511(MP)
ORDERP.V. Dixit, C.J.1. This order will also govern Miscellaneous Petitions Nos. 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158 and 160 all of 1958.2. In these sixteen applications under Article 226 of the Constitution of India, the petitioners challenge the validity of imposition of sales tax under the Madhya Bharat Sales Tax Act, 1950, on 'leaves of tobacco, manufactured tobacco used for eating, smoking and for snuff and tobacco chura used for the manufacture of bidis' imported by them from outside the quondam State of Madhya Bharat and sold in that State. They pray that the imposition be declared to be illegal and ultra vires the Constitution and an appropriate writ or direction be issued to the opponents to refund the tax already collected from them during the period from 1st April, 1951, to 30th September, 1957.3. All the petitioners carry on business in Ujjain (a city located in that part of the new Madhya Pradesh which was formely Madhya Bharat) as importer...
Tag this Judgment!Kamaksha Prasad Mishra Vs. Smt. Parwatibai Sitambarnath and anr.
Court: Madhya Pradesh
Decided on: Dec-14-1959
Reported in: AIR1960MP192
Dixit, C.J.1. This Letters Patent appeal is by a tenant from a decision of Golvalkar J. in second appeal No. 204 of 1959 by which the learned Single Judge, reversing the decisions of the Courts below, decreed the plaintiff respondents' claim for eviction of the appellant from a house.2. Shri S. C. Dubey, learned counsel for the appellant, first urged that after obtaining a permission from the Rent Controller under clause 13 of the C. P. and Berar Letting of Houses and Rent Control Order 1949, the plaintiff-landlords first gave a notice determining the tenancy with the end of the month of January 1956 on 4-1-1956; that thereafter the appellant continued to remain in occupation of the house and the plaintiffs demanded rent from him on 21-3-1956 for the month of February 1956 which was paid by the appellant and accepted by the respondents; and that the plaintiffs gave a second notice on 1-10-1956 terminating the tenancy as from 1-11-1956.It was said that the acceptance of rent for the mon...
Tag this Judgment!Kashiprasad Beharilal Shukla Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-14-1959
Reported in: AIR1961MP364
Dixit, C.J.1. This is an application under Article 226 of the Constitution of India by a person, who, on 17th February 1950, entered into an agreement for working certain areas in the Malguzari forest of Goura, Basera, Gouri, Mahgaon and Bhandra in Sehora Tehsil with the then proprietor thereof, Raja Harbhagat Singh. On the coming into force of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals Alienated Lands) Act, 1950, the agreement ceased to be operative as against the State.The petitioner's case is that after the enactment of the said Act he approached the State Government for recognizing his licence to work the forest areas as per the agreement concluded between him and Raja Harbhagat Singh on 17th February 1950; that on 5th January 1956 the State Government addressed him a letter saying that they had sanctioned the recognition of the forest lease granted in his favour by Raja Harbhagat Singh; and that 'thereafter he approached the forest authorities for the mark...
Tag this Judgment!Syed Hafiz Mir Vs. Abdul Nayeemkhan and ors.
Court: Madhya Pradesh
Decided on: Dec-11-1959
Reported in: AIR1960MP250
N.M. Golvalker, J.1. This is a Letters Patent appeal by defendant No. 2 against the judgment and decree in second appeal No. 674 of 1950 of Bhutt, J. (as he then was) in favour of the plaintiffs (respondents Nos. 1 to 4) reversing the dismissal of their suit by the two lower Courts. The defendants Nos. 1, 3 and 4 have been made respondents Nos. 6, 7 and 8. Plaintiff No. 5 (respondent No. 5) having died during the pendency of the appeal, her name was struck off.2. The appeal arises out of a suit for partition and possession of their share of certain fields filed by the plaintiffs (respondents Nos. 1 to 4 and the deceased respondent No. 5). The suit was contested by defendant No. 2 (the appellant in this appeal) only. Defendant No. 1 admitted the claim and defendants Nos. 3 to 5 did not file their written-statement.3. The plaintiffs claimed half share in the fields as successors of Rozukhan, the other half being with the defendants, defendant No. 1 getting one-fourth and the rest getting...
Tag this Judgment!Dukhuram Gupta Vs. Co-operative Agricultural Association Ltd. and ors.
Court: Madhya Pradesh
Decided on: Dec-09-1959
Reported in: AIR1960MP273
Dixit, C.J. 1. In this application under Articles 226 and 227 of the Constitution of India, the petitioner prays that a writ in the nature of certiorari be issued forquashing an order of the opponent No. 1, the Cooperative Agricultural Association Ltd., Kawardha, dismissing him from service. 2. According to the petitioner, he was appointed as a manager of the Co-operative Agricultural Association Ltd., Kawardha, (hereinafter referred to as the Association), on 14th March, 1952 with the approval of the Registrar under bye-law No. 38 and was confirmed in the appointment with effect from 13th October 1952; that on 19th March, 1955 the Secretary of the Association, opponent No. 2 communicated to him an order of the Assistant Registrar, Co-operative Societies, Raipur Circle, suspending him with effect from 19th March, 1955; and that at his request he was informed on 13th December, 1955 of the reasons for his suspension, which were, inter alia, that he had disobeyed an order of the Secretary...
Tag this Judgment!Choudhary Hariram and ors. Vs. Pooransingh
Court: Madhya Pradesh
Decided on: Dec-07-1959
Reported in: AIR1962MP295
S.B. Sen, J. 1. The facts of the case are very simple. The appellants had agreed to sell -/12/- share in the village for a consideration of Rs. 2100/-, out of which Rs. 1900/- remained to be paid. As there was no sale, a suit for specific performance was filed by the respondent. That Suit (Civil Suit No. 31-A of 1949) was decreed. It was ordered that the plaintiff should deposit Rs. 1900/- and on the deposit being made, the defendants should execute the sale deed and deliver possession of the property agreed to be gold. The amount was deposited by the plaintiff-respondent on 22-12-1949. As the appellants did not execute, the sale deed; the Court executed it and registered it on 30-11-1950. In the meantime, another suit was filed by the sons of the appellants, which was Civil Suit No. 62-A of 1949. In that suit, a declaration was sought by the sons of the appellants that the appellants had no right to sell -/9/6 share of the village. That suit was decreed. By that time, on 31-3-1951, th...
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