Madhya Pradesh Court August 1959 Judgments
Barelal Vs. State
Court: Madhya Pradesh
Decided on: Aug-31-1959
Reported in: AIR1960MP102
Khan, J. 1. The accused Barelal s/o. Tunda, resident of 'Stanwada has been convicted under Section 302 I. P. C. and sentenced to life imprisonment. Against his conviction and sentence, the accused has filed this appeal.2. The prosecution story shortly stated is that in the night of 13th July, 1957, the neighbours of the accused (Ratiram P. W. 2 and Patiram P. W. 3) heard a hue and cry of the wife of the accused. And when they reached the house of the accused, they saw him throw his daughter named Gyaso aged about 2 years across the wall. Thereafter the accused lifted the body of his daughter and began to run away. He was pursued and caught and kept in the village till the Police arrived. The young daughter as a result of the fall sustained injuries, and died.3. A report of this incident was made by Panchoo Chowkidar of village Stanwada at Police Station, Shivpuri in which the accused was named. The Sub-Inspector Police went to the village and found the child (Mst. Gyaso) lying dead in ...
Tag this Judgment!Samuel Bahadur Singh Vs. Smt. Roshni Singh and anr.
Court: Madhya Pradesh
Decided on: Aug-31-1959
Reported in: AIR1960MP142
Naik, J.1. The applicant Samuel Bahadur Singh has been granted a decree nisi against respondent No. 1 Roshni Singh for the dissolution of his marriage with her. He has also been granted a decree for Rs. 500/- as damages against the co-respondent Chhuttan. The proceedings have been submitted to this Court under Section 17 of the Indian Divorce Act (hereinafter referred to as the Act) for the confirmation of the decree nisi aforesaid.2. The petitioner was married to the respondent Roshni Singh at the St. Paul's Church at Jabalpur on 14-1-1953. After their marriage, they lived and co-habited at 117, Napier Town, Jabalpur, till about 16-1-1954. On or about 16-1-1954, the respondent Roshni Singh left the petitioner's house informing him that she was going to her brother's place at Mandla. She never came back to live with him thereafter. Soon after January 1954, the petitioner was transferred to Wardha where he lived for about 2 1/2 years. In the last week of November 1957, the petitioner wa...
Tag this Judgment!Mahabir Prasad RamdhIn Vs. Samaroo Kaliram
Court: Madhya Pradesh
Decided on: Aug-31-1959
Reported in: AIR1960MP165
Shrivastava, J. 1. The appellant Mahabir Prasad preferred this appeal under the Letters Patent against the decision of Tare J. in Second Appeal No. 163 of 1954.2. The dispute relates to certain occupancy fields, which were held by two brothers Kaliram and Maniram jointly. In the year 1939 they sold them by two separate sale-deeds (Ex. P-l and Ex. P-2) to the appellant for a consideration of Rs. 1,260/- and Rs. 73/- respectively. These sale-deeds are not registered. Respondent Samaroo is the son of Kaliram. After the sale to the appellant, Samaroo and Mst. Ghasin, widow of Maniram, applied to the Revenue Courts under Section 13 of the C. P. Tenancy Act, 1920, for being placed in possession of the suit lands on the allegation that the sales in question were in contravention of Section 12 ibid. Mst. Ghasin did not prosecute the proceedings, but Samaroo fought the matter upto the Board of Revenue. The Sub-Divisional Officer, the Deputy Commissioner, the Commissioner and finally the Board o...
Tag this Judgment!Mst. Bisarti W/O Lachchi Lodhi Vs. Mst. Sukarti W/O Durjan and anr.
Court: Madhya Pradesh
Decided on: Aug-31-1959
Reported in: AIR1960MP156
Shrivastava, J.1. This Letters Patent appeal is directed against the judgment in Second Appeal No. 983 of 1956, delivered on 21-8-1957.2. The appellant Mst. Bisarti was the defendant in Civil Suit No. 17-A of 1954 of the Court of the 2nd Civil Judge (Class II), Schora. That suit was instituted by the respondents (plaintiffs) for possession of a house and certain tenancy lands in village Pakaria. Tahsil Sehora, District Jabalpur. Lachchi, who was the tenant of the lands and owner of the house, died in 1949, leaving the appellant Mst. Bisarti as his widow and Mst. Ranchi as his mother. Mst. Ranchi died on 7-4-1953 and Mst. Bisarti (appellant) remarried one Pandu in churi form according to the caste custom. The respondents are the sisters of Lachchi deceased.Their suit was based on the ground that after her remarriage, Mst. Bisarti (appellant) lost her rights in her husband's property and they being the nearest rcversioners were entitled to the property. They alleged that they took posses...
Tag this Judgment!Sahakari Mitra Mandal Ltd. Vs. Suryadatta Bhairavlal Rawal and ors.
Court: Madhya Pradesh
Decided on: Aug-31-1959
Reported in: AIR1960MP213
ORDERP.V. Dixit, J. 1. The petitioner in these four revision petitions is a Society registered under the Indore Co-operative Societies Act of 1914. It obtained awards under the provisions of that Act against the opponents for different sums of money. In each case, a fresh application for execution of the award was made after twelve years from, the date of the award concerned. The judgment-debtors then raised the objection that the applications for execution were barred under Section 48 C.P.C. The objection was upheld by the Court of Small Causes, Indore. The learned Judge held that as under Rule 20 of the Indore Go-operative Societies Rules an award was executable as if it were a decree of a Court, on an application to the Civil Court having jurisdiction, Section 48 C.P.C. and Article 182 Limitation Act applied and, therefore, fresh application for execution of an award twelve years after its date was barred. He placed reliance on Anjuman Imdad Bahmi Qarza v. Imam Din, AIR 1947 Lah 269...
Tag this Judgment!Ghasiram Motiram Kulmi and ors. Vs. Smt. Nannibai Nathulal and anr.
Court: Madhya Pradesh
Decided on: Aug-31-1959
Reported in: AIR1960MP267; [1960(1)FLR366]; (1960)ILLJ789MP
V.R. Newaskar, J. 1. The appellants, who are the residents of Mouja Kodaria engaged the services of a mason named Nathulal for plastering a wall of a well. The welt had already been dug and was deeper than 20 feet below the ground level. While Nathulal was engaged in plastering a newly constructed wall of the well a portion of it fell down and he sustained injuries in that accident and died as a result. An application was thereupon submitted by the wife and the mother of the deceased for compensation under the provisions of Workmen's Compensation Act before the Commissioner appointed under the Act.The claim was opposed by the appellants on the ground that the said mason Nathulal was not a workman within the meaning of the term as used in the Act and as such the respondents were entitled to no compensation. There were other contentions raised besides this but the same are no longer material in view of the only point pressed in this appeal as to the deceased Nathulal being a workman unde...
Tag this Judgment!Berelal Vs. State
Court: Madhya Pradesh
Decided on: Aug-31-1959
Reported in: 1960CriLJ480
A.H. Khan, J.1. The accused Barelal s/o. Tunda, resident of Stanwada has been convicted Under Section 302 IPC and sentenced to life imprisonment. Against his conviction and sentence, the accused has filed this appeal.2. The prosecution story shortly stated is that k in the night of 13th July, 1957, the neighbours of the accused (Ratiram P.W. 2 and Patiram P.W. 3) heard a hue and cry of the wife of the accused, And when they reached the house of the accused, they saw him throw his daughter named Gyaso aged about 2 years across the wall. Thereafter the accused lifted the body of his daughter and began to run away. He was pursued and caught and kept in the village till the Police arrived. The young daughter as a result of the fall sustained injuries, and died.3. A report of this incident was made by Panchoo Chowkidar of village Stanwada at Police Station, Shivpuri in which the accused was named. The Sub-Inspector Police went to the village and found the child (Mst. Gyaso) lying dead in th...
Tag this Judgment!The New Bhopal Textiles Ltd. Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-31-1959
Reported in: AIR1960MP358; [1960(1)FLR499]
Krishnam, J.1. This is a Letters Patent Appeal from the judgment of the Hon'ble Single Bench, in Civil Misc. Case No. 94 of 1956, dismissing the present appellant's petition, under Articles 226 and 227 of the Constitution for the issue of a writ of certiorari, and under supervisory jurisdiction, questioning the award of the Industrial Tribunal, Bhopal, dated 23-10-1956, in the dispute between the appellant, and respondents 3 and 4.2. The crux of the application before the Single Bench was, (i) that the Tribunal had not been properly constituted; (ii) that in any case, it was bound to take the assistance of assessors; and (iii) that it was incompetent to deal with and decide by award the dispute regarding minimum wage, separately from the two other items of dispute mentioned in the reference. It was also averred that the petitioner-appellant was not estopped from raising these questions on account of its failure to raise them at the commencement of the proceedings before the Tribunal; t...
Tag this Judgment!Kanchhedilal Umrao Singh Vs. Maursi Ranjeet Kachhi
Court: Madhya Pradesh
Decided on: Aug-31-1959
Reported in: AIR1960MP140
Shiv Dayal, J.1. This appeal was filed on 3-8-1959 from the judgment and decree passed by the Additional District Judge, Bhilasa, on 30-3-1959. The office report is that it is barred by time. Copies of the judgment and decree from which this appeal has been filed were obtained on 21-7-1959 and the application for obtaining those copies was also made on that very day. Thus under Section 12 of the Limitation Act only one day can be excluded. 2. It is urged by Shri Karkare that the time spent in obtaining a copy of the judgment of the first court should also be excluded, Under the rules of this court it was not necessary to file that copy. However, that question is of no consequence because only 3 days were spent in obtaining that copy, That also does not bring this appeal within the prescribed time. The copy of the judgment of the first court is not even filed here, 3. The real point raised by Shri Karkare is that on an earlier occasion, that is, on 28-4-1959 an application was made by t...
Tag this Judgment!Shrilal Nandram and anr. Vs. R.R. Agrawal and anr.
Court: Madhya Pradesh
Decided on: Aug-29-1959
Reported in: AIR1960MP135; 1960CriLJ608
Khan, J. 1. This is an application under Section 491 of the Criminal Procedure Code for the issue of a direction in the nature of habeas corpus.2. The facts in short as stated by the counsel of the parties are that the petitioners were arrested by the Dabra Police on 7th June 1957 in connection with a murder. On 8th June the Police obtained a remand till the 14th June, The police again obtained a remand till the 19th June 1959 on the ground that the investigation was not complete and that some recoveries were still to be made. On the 19th June, the Police requested the Court to take the applicants in judicial custody and grant time for submitting the Challan. The Court took the applicants in its custdoy and it is contended by Mr. A. B. Mishra (though the order of the Court is not produced before us) that this custody is illegal custody and that the accused must be released.3. It is submitted by the learned counsel for the applicants that before the submission of a report by the Police ...
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