Madhya Pradesh Court April 1959 Judgments
Nirbhayadas Gangaram Vs. Rameshwar Agnibhoj
Court: Madhya Pradesh
Decided on: Apr-30-1959
Reported in: AIR1960MP115; 1960CriLJ484
Sharma, J.1. This is an application Under Section 3 of the Contempt of Courts Act by one Nirbhayadas who is an elector in the double-member constituency of Harda, District Hoshangabad. The respondent Rameshwar Agnibhoj is the husband of Smt. Gulab Bai, who has been returned as a member to the Legislative Assembly of Madhya Pradesh from the said constituency at an election held on 11-3-1957. The petitioner has filed an election petition (Annexure-B) before the Election Commission of India under the provisions of the Representation of the People Act, 1951 for an order declaring the election of Salt, Gulab Bai as well as of the other candidate Shri Laxnian Rao Naysk as void.The petition was registered as petition No. 334 of 1957 and has been referred by the Election Commission of India for trial to the District Judge, Hoshangabad who has been constituted as Election Tribunal for deciding the same. The grounds on which the election of Gulab Bai is challenged are set forth in para 7 of the ...
Tag this Judgment!Nichaldas Wadhuram Vs. Askaran Chopda
Court: Madhya Pradesh
Decided on: Apr-25-1959
Reported in: AIR1960MP127
ORDERP.K. Tare, J.1. This revision under Section 115 of the Civil Procedure Code is by the defendant against the order dated 31-1-1959 passed by Shri P. D. Saxena, Second Civil Judge, Class II, Raipur in civil suit No. 18-A of 1959 refusing to stay the trial of the suit as required by Section 170 of the M. P. Land Revenue Code, 1954 (II of 1955).2. The non-applicant holds khasra Nos. 429 and 430 in malik makbuza right. By registered lease deeds dated 25-4-1950 and 23-4-1952, the applicant took certain parcels uf land from the said fields out lease on a monthly rent of Rs. 300/-. The leases were to commence from 5-1-1951 and 5-1-1952. As the lease dated 23-4-1952 was to expire on 4-1-1955, the non-applicant wanted the applicant to vacate the plot. But, by a registered deed, dated 2-3-1955, the lease was extended upto 4-1-1957. The leases were obviously for a non-agricultural purpose as the deeds clearly show. They contained a condition that the lessee would vacate the sites and remove a...
Tag this Judgment!D.R. Patel Vs. A.S. Dimellow
Court: Madhya Pradesh
Decided on: Apr-24-1959
Reported in: AIR1961MP4
H.R. Krishnan, J. 1. This is an appeal by the plaintiff whose suit is allowed in part. Plaintiff's prayer is that the decree now passed against defendant No. 1 in the capacity of Managing Director should be converted into one against him personally, on the ground, that he was the promoter and continued to be personally liable as his liability for the plaintiff's claim was not taken over by the company after it was constituted, and has also a prayer in regard to costs, aS it was, the plaintiff claimed Rs. 45,000/- but actually got a decree for Rs. 22,614/-. The Court ordered costs and pleader's fee for each party in proportion to its success; as each won about half, the costs nearly, but not quite, cancelled mutually. The plaintiff-appellant cannot therefore make any grievance on this ground.2. There is no prayer by the plaintiff in respect of the disallowed portion of his claim, nor is there any cross appeal or cross objection by the defendant-respondent in regard to the portion of the...
Tag this Judgment!SurajdIn Laxmanlal Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Apr-24-1959
Reported in: AIR1960MP129
Shrivastava, J.1. By this petition under Article 226 of the Constitution the petitioner challenges the right of the State Government to recover certain amounts from him as arrears of land revenue.2. The facts leading to the petition arc as follows. As a result of auction, the petitioner was granted a licence to distil liquor in Kawardha in 1953 and 1954. The amount which the petitioner had to pay to the State Government was Rs. 18,100/-and Rs. 27,000/- respectively for the two years. At the time of the first auction, the State Government had intimated to the bidders that a surcharge or 7 1/2 per cent over the amount of the bid would be charged to all outstill contractors for the privilege to remove fuel and mahua from the Government forest.At the time of the second auction also, a similar condition was announced. Accordingly, the State Government sought to recover Rs. 1357-8-0 for the first year and Rs. 2032-8-0 for the second year from the petitioner. Respondents 2 to 4, who are respe...
Tag this Judgment!Hariprasad Khadaksingh Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-22-1959
Reported in: AIR1959MP343
Bhutt, C.J. 1. This petition under Articles 226 and 227 of the Constitution of India is directed against the election of the fifth respondent, Pritamchand, as Deputy Chairman of Seoni Janpada Sabha. 2. In the casual vacancy caused in the office of Deputy Chairman of Seoni Janapada Sabha, the petitioner Hariprasad, the fifth respondent Pritamchand and the sixth respondent Gourishankar were candidates for election. The meeting of the councillors convened for the purpose was held on 26-12-1958 and was presided over by the Chairman of the Sabha, respondent No. 4. One of (he 13 votes cast in favour of the petitioner was rejected by the Chairman, with the result that the fifth respondent, who had 13 votes, was declared to be elected. 3. The ballot paper in question was rejected as it had an imprint of the cross put by the voter against the name pf the petitioner. It does not appear to be disputed that the imprint was caused by the folding of the ballot paper while the ink was wet. The case o...
Tag this Judgment!Mishrilal Onkarlal Bapna and anr. Vs. Bhupraj Nathulal Nalvaya
Court: Madhya Pradesh
Decided on: Apr-22-1959
Reported in: AIR1959MP420
ORDERP.V. Dixit, J. 1. The facts and circumstances giving rise to this revision petition are that the petitioner Mishrilal effected two mortgages on certain properties belonging to him and situated in Mandsaur in favour of the non-applicant's father Nahulal. The total amount secured by these mortgages was Rs. 1,25,000/-. On 13th November 1951 the mortgagee instituted a suit against Mishrilal and his sons in the court of the district judge of Mandsaur to enforce the mortgages. In that suit a compromise decree was passed on 9th April 1952.By that decree the defendants became severally and jointly liable to pay to the mortgagee Nathulal Rs. 137437/- together with interest on Rs. 125,000/- at the rate; of ten annas per cent per month from 7th October 1951 till realisation. The decretal amount was to be paid in certain instalments. The decree further provided that till the repayment of the decretal amount, the property mortgaged with Nathulal 'shall remain attached as security for the payme...
Tag this Judgment!Jabalpur Electric Supply Company Ltd. Vs. State Industrial Court and o ...
Court: Madhya Pradesh
Decided on: Apr-22-1959
Reported in: (1959)IILLJ74MP
ORDER1. This petition under Article 226 of the Constitution of India is directed against the order of the State Industrial Court, Madhya Pradesh, respondent 1, dated 21 January 1958, holding that the coal coolies were the employees of the petitioner, the Jabalpur Electric Supply Company, Ltd., Jabalpur.2. A reference was made by the State Government under Section 39 of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947, hereinafter called the local Act to the State Industrial Court in respect of a dispute between the petitioner and its employees as regards the payment of bonus. The terms of reference were the following:-(1) what should be the principles on which payment of bonus to the employees of the said company should be determined for the years 1950-51 to 1955-56 and for future years; and(2) what should be the quantum of bonus payable to the various categories of employees of the said company for the years 1950-51 to 1955-56 The reference was heard by Sri N.H...
Tag this Judgment!Tod Singh and ors. Vs. Begum Bai
Court: Madhya Pradesh
Decided on: Apr-20-1959
Reported in: AIR1960MP64
Bhutt, C.J. 1. The appellants before us were the defendants in cavil suit No. 59 of 1954 of the Court of Civil Judge, Class II, Chhinclwara, out of which this appeal arises. The defendants had come up in second appeal against the concurrent decrees of the Courts below granting to the plaintiff-respondent Begambai possession of the property covered by the sale deed executed by Mst. Danno in their favour. That appeal was heard by Tambe, J. and was dismissed. The defendants have therefore preferred this Letters Patent Appeal against his decision. 2. The facts which are not in dispute are these : One Lalsingh had two wives, Mst. Purno and Mst. Danno. The plaintiff Begambai is the daughter of Mst. Purno. Mst. Danno had a daughter Mst. Shivrati and a son Kanhaiya. Mst. Purno died in the year 1920, Lalsingh on 11-12-1929, Kanhaiya in 1930, Mst. Danno on 9-11-1951, and Mst. Shivrati in 1952. Lalsingh left a house in mouza Loni Kala and certain fields in mouza Loni Kala and mouza Pachagaon. On ...
Tag this Judgment!Kapoor Singh Harnam Singh Vs. Union of India (Uoi) Through Secy. Defen ...
Court: Madhya Pradesh
Decided on: Apr-20-1959
Reported in: AIR1960MP119; (1960)IILLJ536MP; (1960)IILLJ536MP
P.K. Tare, J.1. This appeal is by the plaintiff, whose suit was dismissed by the two courts below. It arises out of the decree dated 31-3-1956 passed by Shri D.M. Aney, Second Additional District Judge, Jabalpur, in Civil Appeal No. 6-A of 1956, arising out of the decree dated 1-11-1954 passed by Shri L.S. Khare, First Civil Judge Class II, Jabalpur, in Civil Suit No. 204-A of 1953.2. The appellant was a supervisor in the Military Dairy, Jabalpur. Upon a report from the security staff attached to the Military Sub-area, a Court of inquiry consisting of 3 persons was constituted in order to inquire into the mal-practices, said to have been prevalent in the military dairy farm. The appellant held the post in the civilian section of the Defence Department. The court of inquiry submitted a report, in pursuance of which, a charge sheet, dated 2-4-1952 was framed against the appellant. One, Major Sarwansingh was directed by the order dated 30-10-1952 to hold an oral enquiry into the charges a...
Tag this Judgment!Govindrao Krishnarao Bhuskute and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-20-1959
Reported in: AIR1959MP339
Bhutt, C.J. 1. This order shall also dispose of Letters Patent Appeal No. 133 of 1956. Both these cases arise under the G. P. and Berar Revocation of Land Revenue Exemption Act, 1948, hereinafter called the Revocation Act. The facts alleged are as below.2. M. P. No. 325 of 1955: The petitioners are descendants of Ramchandrarao son of Ballal, who had a brother by name Naro alias Narayanrao. The two brothers took service under the Peshwas about the year 1744 A. D. and subjugated the country west of the Ganjal, which was then called the Handia Sarkar. In reward for their services, they received in 1751 A. D. a hereditary office of Sir Mandloi and Sir Kanungo in the Sirkars of Bijagarh and Handia, and the title of Bhuskute was also conferred on diem for having cleared the jungles and cultivated waste lands (Hoshangabad Gazette and pp. 97-98, Annexure XIV).In the same year, they were granted 5 villages in Nimar and 2 villages in Hoshangabad, districts, rent-free in perpetuity. Similar grant...
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