Madhya Pradesh Court March 1959 Judgments
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Ram NaraIn Vs. Trilok Hosiery Mills and anr.
Court: Madhya Pradesh
Decided on: Mar-23-1959
Reported in: AIR1959MP423
Shiv Dayal Shirvastava, J.1. This is a decree-holder's second appeal. The facts are undisputed and are these. On 13-2-1947 the appellant obtained a money decree against the respondents in the court of Munsiff of Mathura. On April 2,1947, the application for execution was made. On April 22, 1947 notice was issued to the judgment-debtors. However, on 29-10-1947 the execution was dismissed for default.2. The second application for execution was made on 18-12-1948 praying that the decree be transferred to Gwalior for execution. Third application was made on 3-1-1949. Fourth application for execution was made on 25-2-1950. All these successive application, for execution were dismissed for default one after another,3. Finally on 21-7-1950 fifth application for execution was made in the Court at Mathura. In this application the prayer was that the decree be transferred to Gwalior where the judgment-debtors reside and have properties. By its order dated 26-7-1950 that Court transferred the dec...
Bhimsen Saxena Vs. Brijnandan Bajpai
Court: Madhya Pradesh
Decided on: Mar-21-1959
Reported in: AIR1959MP401; (1960)ILLJ182MP
A.H. Khan, J.1. Miscellaneous Applications Nos. 139 and 140 of 1955 are consolidated and are being disposed of by a single order because the point for decision in both is a common one, namely, whether a worker's monthly remuneration is covered by the word 'wages' as used in the Payment of Wages Act (Act No. 4 of 1936).2. The facts giving rise to these applications are that Brijnandan Bajpai, who is getting a salary of Rs. 120/- per month, and, Har Bhajan Tiwari, who is drawing a salary of Rs. 125/- per month, were employed in the Modern Printing Press, Lashkar. Both the employees presented an application under Section 15 of the Payment of Wages Act before the Authority appointed under Section 15 of the Act complaining that some deductions have been made from their wages wrongfully. On a notice being issued to the employer, among other pleas raised by him, one was that the applicants were being paid a monthly salary and that therefore their remuneration is not wages and that the Tribuna...
Lekh Ram Sharma Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-18-1959
Reported in: AIR1959MP404
H.R. Krishnan, J.1. This and the application numbered 16 of 1957 are petitions by Sub-Inspectors of Excise dismissed from service by the orders of the State Government in similar circumstances. They had been dismissed after inquiry and punishment notices, by the Commissioner of Excise. Following a High Court judgment in what Government considered a comparable case, the order of dismissal by the Commissioner was set aside, the officer formally reinstated and simultaneously suspended, served wjth a fresh punishment notice, and now dismissed by the Government itself.2. In each of them certain general arguments have been made, applicable, from the petitioner's view point, to the other case as well. These have been considered in the judgments of the respective petitions in which the particular grounds have been especially emphasized.3. The prayer, under Article 226 of the Constitution, is for a writ on the State Government, directing it to reinstate the petitioner in his post of Sub-Inspect...
Shobha Bhatnagar Vs. State
Court: Madhya Pradesh
Decided on: Mar-16-1959
Reported in: AIR1959MP367
H.R. Krishnan, J. 1. This is an application under Article 226 of ihe Constitution by a private candidate for the Intermediate Examination to bo held in March, 1959 by the M. B. Board of Secondary Education. The Board has got full discretion in allowing or disallowing any private candidate to take the examination. But actually, this candidate has been refused permission to sit for the examination on the ground that she was disqualified under Reg, 5 in Chapter XIII of the statutory regulations of the Board :'Private candidtates who have failed to obtain promotion to the highest class of any school or Intermediate College (i.e. those who have been detained in Class IX or Class XI) shall not bo admitted to the next ensuing High School or Intermediate Examination respectively.Every year in the beginning of the session, the Heads of institutions recognised by the Board shall send to the Secretary of the Board a list of students, who have been detained in Class IX and Class XI containing the ...
Sheo Kumar Bhairo Prasad Sao Vs. N.P. Tripathi and ors.
Court: Madhya Pradesh
Decided on: Mar-13-1959
Reported in: AIR1960MP109
Bhutt, C.J. 1. This order shall also dispose of the connected Miscellaneous Petition No. 140 of 1957.2. The case of the present petitioner Sheo Kumar v. that he purchased by a registered sale deed, dated 15-1-1948, 23.10 acres of land situate in patti No. 3, mauza Gudihari, tahsil and district Raipur, from the lambardar, Chandi Prasad, respondent No. 4. This area wrongly comprised 8.49 acres of land sold previously to others and 0.62 acre of land which the petitioner had purchased from one Dukhbhajanlal by a registered sale deed, dated 4-1-1947. The land in dispute is thus 18.99 acres after exclusion of the area which was the subject of previous dispositions. That land was recorded partly as grass and partly as abadi and also comprised certain khudkasht and occupancy land, on the eve of the transfer.3. After the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act. 1950 (No. I of 1951) came into force, the petitioner made an application to the Deputy Co...
Nannhu Gobrya Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-12-1959
Reported in: AIR1960MP132; 1960CriLJ605
Bhutt, C.J. 1. This is an appeal of Nannhu, son of Gobrya, aged about 20 years, of mauza Khardhana, who has been convicted and sentenced to death for an offence under section 302 I.P.C. This judgment shall also govern the disposal of criminal reference No. 8 of 1959 for confirmation of the death sentence.2. At the relevant time the accused and his elder brother Rameshwar (P. W. 2), with their wives Mst. Saraswati (P. W. 1) and Mst. Gita respectively, were living in their hut on the field to watch the crops. On 30 December 1957 the accused was taking his mid-day-meal when he had an altercation with Mst. Gita who abused him and went towards the field where the crops were standing. Thereupon, according to the prosecution, the accused picked up a lathi (Article A) and followed her. Shortly after, Mst. Saraswati (P. W. 1) heard her cries and, when she came out of the hut, she saw the' accused giving blows to her with the lathi (Article A). She went to the spot to save Mst. Gita but the accu...
National Transport Co. Vs. the State Transport Authority and ors.
Court: Madhya Pradesh
Decided on: Mar-10-1959
Reported in: AIR1959MP320
Shrivastava, J.1. This petition under Articles 226 and 227 of the Constitution has been filed against the order of the State Transport Authority dated 1-4-1958 confirming the order of the Regional Transport Authority dated 18-6-1957.2. The petitioner and the respondent No. 3 (Public Transport Co.,) are transport operators on the Sconi-Balaghat-Gondia road. On 24-12-1956 the petitioner applied for permission to run an express service on that route. A similar application was filed by the respondent No. 3 on 11-2-1957. The respondent No. 2 acting as the Regional Transport Authority granted a permit to the respondent No. 3 and the respondent No. 1 as the State Transport Authority rejected the petitioner's appeal.3. The only ground which has been raised against the grant of the permit is given 'in para 18 of the petition wherein the petitioner says that the respondent No. 3 obtained the permit by fraud. The alleged fraud is that by mentioned in his application and represented before the Reg...
Laxman Pandharinath Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-09-1959
Reported in: AIR1959MP295
ORDER1. The order of the Court was delivered by Shrivastava J. This petition under Article 226 of the Constitution has been filed by L. P. Hirway against the order of the State Government dated 5-8-1958 by which he has been suspended with effect from 21-6-1956.2. The following facts are undisputed. The petitioner was employed in the judicial service of Gwalior State, but he was dismissed from his post in the year 1946. He represented against his dismissal. On 2-11-1949, he was appointed in a temporary post for six months, and he continued to work therein even after the expiry of that period. On 28-10-1952, the Madhya Bharat Government allowed his representation and issued a memorandum re-instating him permanently.Thereafter, the petitioner again committed some irregularities and a departmental enquiry was started against him. The enquiring officer, Shri Banwalikar submitted a report to the Government, and thereafter, on some more charges, Shri NarayanSingh, Collector, Indore, submitted...
Mst. Dewala Wife of Birsingh Vs. Rupsir W/O Sukhram and ors.
Court: Madhya Pradesh
Decided on: Mar-05-1959
Reported in: AIR1960MP35
Shrivastava, J.1. This second appeal has been filed by the plaintiff Mst. Dewala whose suit for possession against the defendants-respondents has failed in the Courts below.2. The undisputed facts of the case are that the properties in suit (i.e. lands, a house and some moveables worth Rs. 600/- as detailed in the plaint) belonged to one Dasoda, who died on 10-7-1949, leaving behind three daughters --Mst. Dewala (appellant), Rupsir (respondent No. 1) and Mst. Tejia, mother of Jhitu (respondent No. 21. The plaintiff claimed to be entitled to one-half share in the suit properties and sued for joint possession to the extent of her share.3. The respondent No. 2. Jhitu, did not. appear to contest the suit. The respondent No. 1, Mst. Rupsir, contested the claim on the ground that she was more indigent and unprovided for than the plaintiff and was, therefore, better entitled to inheritance to the properties of Mst. Dasoda than the plaintiff. She had also raised other pleas to resist the claim...
Naunihalsingh Vs. Kishorilal Paliwal and ors.
Court: Madhya Pradesh
Decided on: Mar-05-1959
Reported in: AIR1961MP84
Bhutt, C.J. 1. This appeal under Section 116A of the Representation of the People Act, 1951, (hereinafter called the Act), has been filed by Naunihalsingh, an elector, whose petition challenging the election of Kishorilal Paliwal, respondent 1, and Nabha, respondent 2, to the Madhya Pradesh Legislative Assembly from Gadarwara Double Member Constituency, for the general and reserved seat respectively, was dismissed by the Election Tribunal, Hoshangabad. The returned candidates have filed a cross-objection for costs. 2. Kishorilal Paliwal and Nabha, respondents 1 and 2, were set up as candidates for the election by the Congress party for the general and reserved seat respectively of the Gadarwara Double Member Constituency. Niranjansingh, respondent 3, and Gokul, respondent 4, were likewise set up for election to the general and reserved seat respectively, by the Praja Socialist Party, Ramgulam, respondent 5, and Ramchand Paliwal, respondent 6, were independent candidates for the general...
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