Madhya Pradesh Court August 1959 Judgments
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Purushottam Vs. Commissioner of Sales Tax and ors.
Court: Madhya Pradesh
Decided on: Aug-20-1959
Reported in: [1959]10STC574(MP)
ORDERK.L. Pandey, J.1. This petition under Articles 226 and 227 of the Constitution is directed against certain reassessment proceedings started under the Central Provinces Sales Tax Act, 1947 (hereinafter referred to as the Act) by the Sales Tax Officer, Chhindwara (respondent 2.)2. The facts of the case, briefly stated, are these. The petitioner is a dealer registered under the Act and resides at Pandhurna in the Chhindwara district. The Commissioner of Sales Tax (respondent 1) administers the Act with the help of several assistants including the Sales Tax Officer, Chhindwara (respondent 2).3. The Sales Tax Officer, Chhindwara, assessed the amount of sales tax due from the petitioner for the periods 22nd October, 1949, to 9th November, 1950, and 10th November, 1950, to 30th October, 1951, on 30th September, 1953, and 4th November, 1953, respectively. Thereafter, on 5th June, 1954, he seized the petitioner's account books for sambat years 2007 and 2008. On 8th and 9th January, 1957, h...
State of Madhya Pradesh Vs. Babulal
Court: Madhya Pradesh
Decided on: Aug-14-1959
Reported in: AIR1960MP155; 1960CriLJ612
ORDERS.B. Sen, J.1. This is a revision by the State of Madhya Pradesh against the order of the Additional Sessions Judge, Khandwa, setting aside the order of conviction of the non-applicant under Section 354, I.P.C., and quashing the entire proceedings as incompetent.2. The facts of the case are that on 21-8-1955 Mst Jasso (P.W. 6) was in her bada some time in the afternoon. The accused jumped over the fence and tried to seduce her for intercourse. The prosecutrix Mst. Jasso repelled his advances, which made him furious. He caught hold of her and assaulted her with a stick. He fell her down on the ground forcibly, snatched her lugda and thereby made her naked. Her cries attracted her uncle who came to the spot. On seeing him, the accused fled away.3. A report of this incident was made to the police and a challan was accordingly put up before the Magistrate, 2nd Class. The case was, however, transferred to Shri G. P. Pateriya, Judge Magistrate First Class, who convicted the accused unde...
State of Madhya Pradesh Vs. Dalchand Hardayal
Court: Madhya Pradesh
Decided on: Aug-13-1959
Reported in: AIR1960MP63; 1960CriLJ238
ORDERA.H. Khan, J. 1. The facts giving rise to this revision shortly stated are that a dacoity was committed in a village in Bhind District and several persons were arrested in that connection. On 29-9-52, accused Dalchand made a confession and on 26-11-53, he was tendered pardon and accepted it. In the course of trial, Dalchand (who had become an approver) before his examination as a witness, made an application that he was not willing to give his evidence. Thereupon the Special Judge, Bhind, passed an order that approver Dalchand would now be tried as an accused along with other accused persons in the case before him. The Special Judge also granted bail to the accused, who was at that time in the custody of the Police. Against this order the Government have filed this revision. 2. The learned Government Advocate has made three submissions: First, that according to Section 339 of the Criminal Procedure Code, accused Dalchand can not be tried without a certificate from the Public Prose...
Dr. Khusaldas Pammandas Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-12-1959
Reported in: AIR1960MP50; 1960CriLJ234
ORDERP.V. Dixit, J.1. The petitioner has been convicted by the Additional District Magistrate of Indore under Section 304A, I. P. C. and sentenced to six months' rigorous imprisonment. His appeal against the convictions and sentence was rejected by the Third Additional Sessions Judge of Indore. The accused has now preferred this revision petition.2. The facts found are that on 11th March 1957, Sub-Inspector Mohite was feeling tired and exhausted at about 6 p.m. and so he sent for the petitioner, who is a Hakim registered under Section 46 of the Madhya Bharat Indian Medicines Act, 1952. On arrival, the petitioner examined Mohite and found that he had no temperature. He, however, advised Mohite to take a Procain Penicillin injection. Mohite accepted the suggestion. The petitioner then gave a Penicillin injection to Mohite, who immediately after he was injected perspired profusely, vomitted and died.The petitioner got scared at the effect of the injection and ran to Dr. Akbarali for help....
Nathulal Nanuram and anr. Vs. Nanda Gogaji Dhobi and ors.
Court: Madhya Pradesh
Decided on: Aug-12-1959
Reported in: AIR1960MP78
H.R. Krishnan, J.1. This is a second appeal by the plaintiff, whose suit for redemption was decreed by the trial court, but which decree was set aside on first appeal by the defendants mortgagees, on the formal ground that there was a discrepancy between pleading and evidence, and the plaintiffs were making a fresh case at a later stage. The questions were, whether it is a material discrepancy whether the plaintiffs sought to make out, in evidence, a case substantially different from the one contained in the plaint, and whether the case as actually made out has been established.2. The parties come from what used to be Sitamau State. The plaintiffs averred in the plaint that a house belonging to them had been mortgaged with possession by their father for a sum of Rs. 64/- to the father and grand-father (the predecessors-in-interests) of the defendants-respondents. They further stated in the plaint that the mortgage had been given on 13-7-1914, and produced a document of that date signed...
Yakub Mohammad Shakur Mohd. Vs. Karim S/O. Mahammad and ors.
Court: Madhya Pradesh
Decided on: Aug-12-1959
Reported in: AIR1960MP191
P.V. Dixit, J.1. The appellant instituted a suit in the Court of the Munsiff, Sehore, to enforce his right of pre-emption in respect of a house situated in Sehore. That suit was decreed by the learned Munsiff. The defendant Karim, who had purchased the house from Nathobai on 5th July 1952 then preferred an appeal in the Court of the District Judge of Bhopal. That appeal was allowed by the learned District Judge and the plaintiffs suit was dismissed. The learned District Judge took the view that Section 11(6) of the Bhopal Pre-emption Act 1934 was void from 26th January 1930 by reason of Articles 13(1) and 19(1)(f) of the Constitution. The plaintiff has now preferred this second appeal.2. Mr. Dubey, learned counsel for the appellant, first contended that the judgment recorded by Mr. Gupta, the District Judge of Bhopal, and pronounced by his successor Mr. Pathak in the appeal preferred by the defendant was not valid inasmuch as when Mr. Gupta wrote out the judgment he had relinquished th...
Hema Nana Sirvi Vs. Gajanand Ramchandra and anr.
Court: Madhya Pradesh
Decided on: Aug-08-1959
Reported in: AIR1960MP1
ORDERP.V. Dixit, J.1. This appeal arises out of execution proceedings of a decree obtained by Ramchandra on 24-3-1949 from the Court of Sub-Judge, Bagod, against Hema for specific performance of a contract of sale of certain agricultural holding. After the death of Ramchandra, the respondents Gajanand and Gangadhar, as his legal representatives, initiated proceedings for the execution of the decree. In those proceedings, Hema raised the objection that the decree could not be executed as the holding in question could not be sold without the previous sanction of the Suba under Section 70 of the Madhya Bharat Land Revenue and Tenancy Act 1950 and this sanction had not been obtained.This objection found favour with the Civil Judge, second class, Burwaha, executing the decree. He held that though at the time of the passing of the decree no sanction of any authority for the sale of the land was required under the Dewas State (Senior) Land Revenue Act, after the coming into force of the Madhy...
Sharmanand Vs. Superintendent, Gun-carriage Factory and anr.
Court: Madhya Pradesh
Decided on: Aug-07-1959
Reported in: AIR1960MP178
Shrivastava, J. 1. This petition under Article 226 of the Constitution is directed against the order removing the petitioner from service. 2. The petitioner was serving in the Gun-Carriage Factory as a Turner. While he was on duty in the Machine 'A' Section on the night of 25-8-1958, there was an attempt at theft in that section. On 1-9-1958 a charge-sheet was served on the petitioner accusing him that he scaled over the walls of the Tool-Godown Shop on 25-8-1958 with the intention to commit theft and escaped through a window and that he had absented himself from work without the permission of the Supervisor. The matter was enquired into by a Court of Enquiry presided over by the Assistant Works Manager (respondent No. 2) after the petitioner gave his explanation to the charges. The enquiry commenced on 15-9-1958 and was completed on 23-9-1958. On 4-10-1958 the Superintendent of the Factory (respondent No. 1) served a notice on the petitioner to show cause why he should not be removed ...
Amir S/O. Shaikh Rustom Musalman Vs. Saidanbai W/O. Babu Alias Jan Moh ...
Court: Madhya Pradesh
Decided on: Aug-05-1959
Reported in: AIR1960MP68
P.V. Dixit, J. 1. The facts of this second appeal arising out of execution proceedings of a decree are that on 14th February, 1953 the respondent Saidanbai obtained a decree from the court of the civil judge, second class, Khargone, for recovery of Rs. 2100/- from the assets of one deceased Babu in the hands of the respondents Rahimbai and Chandibai. That decree was affirmed in appeal on 28th July 1954 by the additional civil judge, first class, Khargone. A second appeal was then preferred in the Madhya Bharat High Court by Rahimbai and Chandibai. That appeal was dismissed on 5th January, 1956. The decree passed in the second appeal declared Rahimbai and Chandibai liable for Rs. 2625-10-0 besides costs and directed that this amount shall be recoverable out of the entire assets of the deceased Babu in the hands of Rahimbai and Chandibai. During the pendency of the second appeal in the Madhya Bharat High Court, a stay of the execution of the decree of the lower court was granted on the a...
Sarbulal Vs. Vishalchand
Court: Madhya Pradesh
Decided on: Aug-05-1959
Reported in: AIR1960MP113
P.V. Dixit, J.1. This appeal arises out of a suit filed by the appellant for recovery of Rs. 2437/- and interest thereon amounting to Rs. 177/- on the basis of a promissory note said to have been executed by the respondent in his favour. The suit was decreed by the Civil Judge, Second Class, Sendhwa. On an appeal being filed by the defendant against the decision of the trial court, the learned additional Civil Judge, first class, Barwani, dismissed the plaintiffs suit.2. The plaintiff first averred in the plaint that on 14-6-1947 the defendant executed a promissory note for a consideration of Rs. 2437/-. The defendant admitted the execution of the promissory note; but pleaded that he did not receive any consideration. According to him, he and the plaintiff were partners in grain business; that when he asked the plaintiff to settle accounts of the business, the plaintiff promised that accounts would be settled soon and pressed him to give a promissory note for Rs. 2437/- assuring him th...
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