Madhya Pradesh Court November 1960 Judgments
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Sadaram Kanhaiya and ors. Vs. Sobharam Sadaram Kalar and anr.
Court: Madhya Pradesh
Decided on: Nov-30-1960
Reported in: AIR1962MP23
Shrivastava, J. 1. This first appeal has been filed by the defendants against whom a decree for damages has been passed by the 1st Civil Judge, Chhindwara.2. On 27-11-1954, a truck (bearing No. MFC 447) was being driven by appellant No. 1 Sadaram from Bamhori towards Bhajipani. The truck belonged to appellant No. 2. The Shaw Wallace and Co. Ltd., Parasia. Appellant No. 3 is the Insurance Company with which the truck was insured. Respondents are parents of Ramsingh who came under the truck while it was crossing a culvert. As a result, Ramsingh died.3. The plaintiffs' case was that the truck was driven rashly and negligently by Sadaram at the time of the accident which resulted in the death of Ramsingh. They claimed Rs. 6,000/- as damages.4. The defendant Sadaram pleaded that the truck was bring driven carefully by him. At the time he was about to cross the culvert he saw two boys playing on the right side of the road. One of the boys ran away and the other started going towards the culv...
Mulla QamruddIn Naib Mulla Abdul Ali Vs. Brijmohandas Shrikishandas an ...
Court: Madhya Pradesh
Decided on: Nov-30-1960
Reported in: AIR1962MP25
Shrivastava, J.1. This first appeal is filed against the judgment and decree of the Additional District Judge, Bhopal, in Civil Suit No. 6 of 1954. That suit was filed by respondents 1 to 3 against respondent No. 4 Ghulam Abbas as defendant No. 1 and the appellant Qamruddin as defendant No. 2 for specific performance of a contract of sale of a house.2. The appellant and respondent No. 4 are brothers who owned half a share each in a house in Bhopal. Respondent No. 4 Ghulam Abbas contracted to sell his part of the house for Rs. 40,000/-on 5-4-1954. Rupees 3,000/- out of the consideration was paid immediately, Rs. 25,350/- was to be adjusted towards a mortgage debt and the balance was to be paid at the time of registration. The agreement was in writing, but has not been filed.The plaintiffs alleged that about a week later, Ghulam Abbas agreed to modify the agreement by contracting to sell the portion in two lots for Rs. 30,000/- and Rs. 10,000/- respectively. On 17-4-1954, a sale deed for...
The Union of India (Uoi) Representing the Eastern Rly. Vs. Raigarh Jut ...
Court: Madhya Pradesh
Decided on: Nov-30-1960
Reported in: AIR1961MP251
Bhargava, J. 1. This appeal arises out of a suit filed by the Raigarh Jute Mills, Ltd., a company incorporated under the Indian Companies Act, having its registered office at Raigarh for recovering from the Union of India owning the Bengal Nagpur Railway (now included in the Eastern Railway), Rs. 5,949/-for loss of a consignment of Jute which caught fire in transit. The original Court passed a decree in favour of the plaintiff-company for Rs. 5868/8/-with corresponding costs. Hence, this appeal. 2. Briefly stated, the facts of the case are that on 11-2-1950 the plaintiff-company consigned from Katabanji, Railway Station, 320 bales of jute booked in two wagons as per contract evidenced by Invoice No. 33 and the relative Railway Receipt of 11-2-1950 to the plaintiff at Raigarh. The said bales were booked in two wagons; in one, 162. bales were booked and these bales have been safely delivered to the plaintiff, and in the other (Wagon, No. 23127-GIP), 158 bales of jute were booked. 3. When...
Moolchand Prop. Firm Lallimal Biharilal and ors. Vs. Ram Babu Vaishya
Court: Madhya Pradesh
Decided on: Nov-25-1960
Reported in: AIR1961MP323
ORDERShiv Dayal, J.1. This revision is directed against an order of the trial Judge holding that the suit is bad for non-joinder of necessary parties and also holding that plaintiff No. 10 could not be joined in this suit.(After setting out the facts of the case, the judgment proceeded :)6. A preliminary objection is raised by Shri Kak that this revision must be taken to have been filed after 45 days inasmuch as Shri Anand did not file a power of attorney with the revision petition, but filed it later on, when the period of 45 days prescribed in the Rules of this Court had expired. In my opinion, this objection does not carry much force. It is true that Shri Anand did not file his power when he signed the revision and presented it to this Court. He thought that he could act on the basis of his power filed in the trial Court. I found that this was not correct because revision is not a continuation of the suit, but is altogether a separate proceeding. Shri Anand then filed a vakalatnama,...
New Bhopal Textiles, Ltd. Vs. Ramdutt Chaturvedi and ors.
Court: Madhya Pradesh
Decided on: Nov-25-1960
Reported in: (1961)IILLJ580MP
T.C. Shrivastava, J.1. Three suits out of which these three appeals arise were filed by the respondents Ramdutt Chaturvedi, Gourishankar Mathur and Gourishankar Shrivastava, respectively, in the Court of the Second Additional Subordinate Judge, Bhopal, for arrears of pay and for their reinstatement on posts from which they were dismissed by the appellant. The suits were dismissed by the trial Court by a common judgment. The respondents went up in appeals to the Additional District Judge, Bhopal, who allowed the appeals and decreed the claims. Against this judgment, the appellant (New Bhopal Textiles, Ltd. Bhopal) have filed three appeals, viz., Second Appeals Nos. 518, 517 and 516, all of 1858. As these appeals arise out of the same judgment and common questions are involved, this judgment governs the disposal of all the three appeals.2. It is not disputed that the three respondents were in the service of the appellant drawing a salary of Rs. 100, Rs. 115 and Rs. 99-12-0 per month, res...
Guru Narayanprasad and ors. Vs. Pt. Kedarnath Vishweshwarprasadji
Court: Madhya Pradesh
Decided on: Nov-15-1960
Reported in: AIR1961MP216
Shrivastava, J. 1. This judgment governs the disposal of two other First Appeals (Nos. 242 and 251, both of 1956) also. These three appeals have been filed by the defendants against the judgment of the Additional District Judge, Rewa, decreeing the claim of the respondent for recovery of amounts due on mortgage deeds executed by the appellants.2. The facts in all these cases are no longer in dispute. The appellants had executed the mortgage deeds for consideration in the years 1944 or 1945 in favour of the respondent. The mortgages were with possession and the property consisted of jagir villages in Vindhya Pradesh. On 1-7-1953 the jagirs were resumed under the Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, 1952 (No. XI of 1952) (hereinafter referred to as the 'Abolition Act') and the villages vested in the .State Government. The respondent's case was that on the vesting, the mortgagors became liable personally for payment of the mortgage debt and accordingly he claimed the ...
Colonel Lal Rampal Singh Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Nov-12-1960
Reported in: AIR1961MP154
Dixit, C.J.1. By this application under Articles 226 and 227 of the Constitution of India, the petitioner prays that a writ of certiorari be issued for quashing an order of the Government of the former State of Vindhya Pradesh made in 1954 about the re-fixation of his pension and that a writ of mandamus be issued to the opponent Slate for payment to the petitioner of pension in accordance with an order dated the 3rd April 1948, of the Maharaja of Rewa, which was published in an extra-ordinary Gazette of that date.2. When this petition first came up for hearing before a Division Bench consisting of Bhutt, C. J. and Sharma, J., the learned Judges felt some doubt about the correctness of the Division Bench decision of this Court in State of M.B. v. Behramji Dungaji and Co., 1958 MPC 82: (AIR 1958 Madh-Pra 71) on which strong reliance was placed bv the petitioner. Accordingly they referred the case to a Full Bench for disposal.3. The material facts are that the petitioner Lal Rampal Singh ...
Raja Lalitkumar Singh S/O Late Raja Chakradhar Singh Vs. State of Madh ...
Court: Madhya Pradesh
Decided on: Nov-12-1960
Reported in: AIR1961MP197
Pandey, J. 1. This is a petition under Articles 226 and 227 of the Constitution for a writ of certiorari to quash an application dated 4 September 1958 which the Collector of Raigarh (respondent 3) made to the District Judge, Raigarh (respondent 4), under Section 5(1)(c) of the Central Provinces Court of Wards Act, 1899 (hereinafter called the Act), and also the two orders passed in pursuance of that application by the District Judge, Raigarh, on 25 June 1959 and 16 February 1960. The petitioner has further prayed for a writ in the nature of mandamus or prohibition to restrain the respondents from giving effect to the aforesaid orders for the purpose of assuming superintendence of the estate.2. The petitioner was the Ruler of the erstwhile princely State of Raigarh before it was ceded to the Union of India on 1 January 1948. Under the covenant of merger, his privy purse was fixed at Rs. 1,72,000/- free of taxes and he was declared to be entitled to his personal privileges as well as to...
Kundanlal Malhotra Vs. Income-tax Officer, B Ward, Satna, and Another.
Court: Madhya Pradesh
Decided on: Nov-12-1960
Reported in: [1961]43ITR312(MP)
This is an application under article 226 of the Constitution for the issue of a writ of certiorari for quashing a certificate issued under the Revenue Recovery Act, 1890, by the Income-tax Officer, B-Ward, Satna, to the Collector of Chhatarpur for the recovery of the income-tax amount said to be due from the petitioner. The applicant also prays that a writ of prohibition be also issued to the opponents restraining them from taking any proceedings for the recovery of Rs. 38,980.69 nP. on account of income-tax from the applicant.The material facts, briefly stated, are that the applicant was a partner in a registered firm styled as 'Moona Lall & Sons' of Mall Road Kanpur. In the assessment of the firm for the assessment year 1950-51 the petitioners share of profits was computed at Rs. 88,878. This was on March 17, 1955. On the same date the petitioner filed a return of his income for the assessment year 1950-51. On the basis of that return he was assessed to tax in the sum of Rs. 39,429-1...
Bala Prasad Dhansukh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-07-1960
Reported in: AIR1961MP241; 1961CriLJ346
Naik, J.1. The appellant (accused), has been convicted by the Second Additional Sessions Judge, Bhopal, under Section 302 of the Indian Penal Code for committing the murder of Mulchand by striking him with a bamboo-stick on his head on 9-10-1959 at village Barkheda-Nathu, and sentenced to imprisonment for life.2. The prosecution case was that there was bad blood and enmity between the parties. On the date of. the incident, while the deceased Mulchand was in his field khasra No. 510/1 in the village, grazing cattle, the appellant suddenly came there from behind and hit him (Mulchand) on his head. The appellant hit him twice, the other blow being on the side of the chest (pasali), and then went away. The assault was witnessed by Dulichand (P. W. 6), a boy aged about ten years, who was present in the field with the deceased. On seeing the assault, Dulichand (P. W, 6), out of fright, had ran away to a distance of about 200 paces.A little later, Brij Mohan (P. W. 8) came there to whom he (D...
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