Madhya Pradesh Court October 1960 Judgments
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LaxminaraIn Mulchand Kothari Vs. Vithaldas Kanhaiyalal and ors.
Court: Madhya Pradesh
Decided on: Oct-15-1960
Reported in: AIR1962MP31
Shiv Dayal, J.1. This second appeal arises out of a suit for declaration of title and possession in respect of a Bagichi (consisting of some structure and open land). It was alleged in the plaint that this suit property together with other properties was mortgaged with the plaintiff's ancestors on May 16, 1925. The plaintiff's father resided in Bombay. His Munim Vithaldas Kothavi looked after his business at Khilchipur where the suit property is situate. The munim temporarily permitted some persons (not named in the plaint, nor made parties) to use the suit property for recreation. The plaintiffs father died on December 8, 1951, and the munim predeceased him. When the plaintiff came to Khilchipur he found the 18 defendants in possession of the suit premises. The plaintiff nor his ancestors had ever permitted any individual or corporation or institution but had given permission only to particular persons and after they ceased to exist, the permission also determined. The defendants' pos...
Prakash Chandra Nathulal JaIn Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Oct-14-1960
Reported in: AIR1962MP48
Krishnan, J.1. This is a petition of an unusual nature by an unsuccessful candidate for admission to one of the medical colleges in the Madhya Pradesh. His contention is that he has the prescribed qualification for admission, but has been refused even though certain other candidates who have secured lower marks have been admitted. Accordingly, he prays that this Court should interfere under Article 226 and issue a mandatory direction to the State of Madhya Pradesh that he should be admitted in one of the medical colleges. The petition has various other allegations and newspaper cuttings which are however, quite unnecessary for the decision of the case either way and do not really support his prayer. The sheet anchor of his case is that there are rules made by the Government on the subject of admission to medical colleges; these 'rules' have been printed and circulated to intending candidates. Under them in particular, Rule 8, the petitioner feels he is qualified and has a right to be a...
State of Madhya Pradesh Vs. Nandram
Court: Madhya Pradesh
Decided on: Oct-14-1960
Reported in: 1961CriLJ494
V.R. Nevaskar, J. 1. The only question involved in these proceedings is whether the Nyaya Panchayat Court constituted under the Madhya Bharat Panchayat Vidhan Samvat 2006 has jurisdiction to punish an accused for its contempt when the offence is committed within its view.2. In order to appreciate the two opposing views on this question it will be necessary to refer to certain provisions under Criminal Procedure Code and the Madhya Bharat Panchayat Act.3. Section 480 of the Criminal Procedure Code which deals with the power of a Court to punish a person for its contempt is as follows:When any such offence as is described in Section 175, Section 178, Section 179, Section 180 or Section 228 of the Indian Penal Code is committed in the view or presence of any Civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody and at any time before the rising of the Court on the same day may, if thinks fit, take cognizance of the offence and sentence the offender t...
Purushottam Vijay Vs. the State
Court: Madhya Pradesh
Decided on: Oct-11-1960
Reported in: AIR1961MP205; 1961CriLJ114
Krishnan, J. 1. This is an appeal by Purushottam Vijay, Editor of the daily called 'Indore Samachar' from a conviction under Section 500 I. P. C. with a sentence of fine of Rs. 500/- with imprisonment in default for one month. The offending article was a longish editorial on the 3rd August 1955, entitled, 'This delay in the appointment of the I. G. Police,' charging the Government of Madhya Bharat and one of the Ministers, Shri Narsingh Rao Dikshit, of regionalism (Pradeshikata). The case, probably the first in the State of Madhya Bharat, lias been tried under the new Section 198-B of the Criminal Procedure Code, by the Sessions Judge, Indore.2. Actually two complaints were filed and were tried jointly; one in regard to the leading article of 3-8-1955; and the other in regard to a news-item published in the same pacer on the 30th July. However, the appellant has been acquitted of the charge relating to this latter item. In addition to this appeal, there is an application by the State f...
Brejendra Narayan Ganguly and anr. Vs. Chinta Haran Sarkar and anr.
Court: Madhya Pradesh
Decided on: Oct-10-1960
Reported in: AIR1961MP173
S.P. Bhargava, J.1. This appeal arises out of an application under Section 25(1) and (2) of the Guardians and Wards Act (VIII of 1890) read with Section 6 of the Hindu Minority and Guardianship Act, 1956, made in the Court of the Second Additional District Judge, Jabalpur. The application of the applicants was rejected by the said Court. Being aggrieved by the said decision, this appeal has been preferred.2. The relevant facts of the case are that the applicants are husband and wife and belong to Bengali Brahmin community. The applicants were the parents of three children before 11-2-1956. Their 4th child was born on 11-2-1956 in some hospital at Jabalpur. This child was a girl and was named 'Mana'. It is admitted that on the 9th day after her, birth, the child was handed over to the custody and care of the non-applicants (respondents) who also are the husband and wife. The respondents belong to the Bengali Kayastha community. This is also admitted that at the time of the handing over ...
Central India Insurance Co. Ltd. Vs. Income-tax Officer 'A' Ward and A ...
Court: Madhya Pradesh
Decided on: Oct-10-1960
Reported in: AIR1962MP336
Pandey, J.1. This petition under Articles 226 and 227 of the Constitution is directed against an order dated 27 May, 1961 by which the Appellate Assistant Commissioner, Indore, rectified under Section 35 of the Indian Income-tax Act, 1922 (hereinafter called the Act), an order of his predecessor-in-office dated 29th May, 1957. By the impugned order, the losses allowed to be carried forward and set off were restricted to those incurred in the taxable territories. In this manner, the losses for the assessment year 194849 carried forward and set off were reduced from Rs. 78,123/-to Rs. 1,075/- and those for the assessment year 1949-50 were similarly reduced from Rs. 3,762/- to Rs. 123/-.2. In the assessment years 194849 and 1949-50, the petitioner, who was assessed as -a non-resident, incurred losses, for the most part in the native State of Indore, to the extent of Rs. 78,123/- and Rs. 3,762/- respectively in the life insurance business carried on by it. From 1 December 1949, the petitio...
Nawab Usmanalikhan Vs. Sagarmal
Court: Madhya Pradesh
Decided on: Oct-10-1960
Reported in: AIR1962MP320
Mewaskar, J.1. These four appeals Nos. 81 and 82 of 1957, No. 33 of 1958 and No, 13 of 1959 are between the same parties and are the outcome of an arbitration proceedings consequent upon a private reference to arbitration which resulted in a judgment and decree on the basis of an award. 2. Appeal No. 81 of 1957 is against the order refusing to set aside the award. The appeal was preferred under Section 39 of the Arbitration Act. Appeal No. 82 of 1957 is directed against the order recording the compromise between the parties after the award had been filed in court. The appeal purports to be under Order 43 (1) (m) of the Civil Procedure Code. Appeal No. 33 of 1958 is directed against the order refusing to issue process of attachment in execution against the privy purse of the defendant judgment-debtor, Nawab of Jaora who is the Ex-Ruler of one of the princely States which initially merged into Madhya Bharat and now forms part of the State of Madhya Pradesh. Appeal No. 13 of 1959 is direc...
Hiralal and ors. Vs. Firm Shriram Surajbhan and ors.
Court: Madhya Pradesh
Decided on: Oct-07-1960
Reported in: AIR1961MP172
Shiv Dayal, J.1. This is a petition under Article 133(1)(c) asking us to certify that this is a fit case for appeal to the Supreme Court.2. Firm Shriram Surajbhan (hereinafter called the creditor) made an application to the Insolvency court for adjudicating Gaya Prasad and Bansidhar (hereinafter called the debtors) as insolvents inter alia on the ground that the debtors had fraudulently transferred a house and a shop to Hiralal, Totaram and Dwarka Prasad proprietors of firm Ramchand Hiralal (hereinafer called the transferees) without consideration by executing a mortgage deed for Rs. 27,500/- and on the same day, fictitiously and without consideration by executing a deed of surrender in respect of a shop of theirs (debtors), wrongly stating that it had been constructed with the money of the transferees who were the 'real owners.3. In the insolvency proceedings the debtors appeared and filed a reply. The transferees also put in appearance and led evidence.4. The insolvency court after r...
Baboolal Gyansingh Vs. Sunderlal Munnalal
Court: Madhya Pradesh
Decided on: Oct-04-1960
Reported in: AIR1961MP152
ORDERP.K. Tare, J.1. This revision under Section 25 of the Provincial Small Cause Courts Act is by the plaintiff-against the decree, dated, 3-2-1960, passed by Shri R. K, Shukla, Second Additional District Judge. Bhopal, empowered under Section 9 of the M. P. Courts Act, 1958, in Small Cause Suit No. 145 of 1959.2. The applicant filed the present suit tor recovery of Rs. 250/- as rent for the period from 26-6-1956 to 26-7-1959, on the basis of a rent note, dated. 26-9-1955 (Ex. P-1). The plaint alleged that the rent was claimed, as the plaintiff was owner of the suit house.3. The non-applicant, in his defence, denied that the plaintiff was owner of the suit house. On the other hand, he alleged that the plaintiff was a mortgagee with possession on the strength of a registered mortgage deed dated, 26-9-1955 for aconsideration of Rs. 200/-. The rent note, in tact, was by way of interest upon the mortgage. The rate of interest agreed to in the guise of a rent note was excessive, as it was ...
Premdas Vs. Lalloo Ram and ors.
Court: Madhya Pradesh
Decided on: Oct-03-1960
Reported in: AIR1961MP143; 1961CriLJ664
ORDERC.B. Kekre, J. 1. This is petition under Section 417 (3), Criminal Procedure Code, for leave to appeal against the acquittal of the four non-applicants, Lalloo Ram, Kishandas, Kundanlal and Nanhelal, in a prosecution for offence of murder, in which these four non-applicants who were acquitted, were tried jointly with two others, Ramnath and Baijnath, who were convicted of the offence of murder.2. One Nanhelal, who was also known as Nanhelal Dadhiwala, the brother of the petitioner Premdas died as a result of beating administered to him. Two separate and almost simultaneous informations were lodged at the polite station house, Hoshanga-bad, in respect of this incident, one by Ramnath, one of the accused persons, and the other by Mathoo Kotwar. The Station House Officer, Hoshangabad, went to the spot and at the spot one Sunder made a report to him, wherein he implicated the four non-applicants, as well as Ramnath and Baijnath, as having participated in the assault, which resulted in...
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