Madhya Pradesh Court March 1960 Judgments
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Ukya Goklia Vs. Kaudia Nathya Mahar and ors.
Court: Madhya Pradesh
Decided on: Mar-28-1960
Reported in: AIR1960MP259
ORDERS.B. Sen, J.1. The non-applicants were prosecuted under Sections 147 and 447 of the Indian Penal Code, on a complaint filed by the applicant, but they have been acquitted. The applicant thereupon filed a revision petition before the Additional Sessions Judge. The petition was dismissed on the ground that a revision petition was not maintainable, as under Section 417 (3) of the Code of Criminal Procedure, there is a right of appeal and, therefore, Section 439 (5) prohibits a revision petition.2. The dismissal of the revision petition is quite justified. Counsel for the applicant argued that no doubt, there is a prohibition under Section 439(5) Criminal Procedure Code, if an appeal lies, but Section 417 (3) does not confer any right of appeal. His argument is that Section 417 (3) only says that an application has got to be made for grant of special leave to appeal from an order of acquittal, and, therefore, it cannot be said that the applicant has a right of appeal. I cannot agree w...
Bherodan and ors. Vs. Murlidhar
Court: Madhya Pradesh
Decided on: Mar-26-1960
Reported in: AIR1960MP292
1. This is an appeal by the plaintiffs whose suit for redemption and possession of certain suit properties has been dismissed by the Court of the District Judge, Gwalior.2. The plaintiffs are auction-purchasers of the right of redemption in a Court auction sale. This auction sale was held in execution of a money decree of one Mahadeo Prasad against one Roshanlal, the original mortgagor. There were two mortgages in respect of the suit property both in favour of the defendant-respondent. The first was dated 9th September 1939. It was in favour of the defendant-respondent Murlidhar for a consideration of Rs. 7000/. It carried interest at 12 annas per cent per month and was redeemable after two years.The mortgage was a usufructuary mortgage. It contained a stipulation that the mortgagee shallbe entitled to recover rents and profits of the mortgaged house and if the rent of the year was insufficient to meet the liability for interest for that period, the unpaid interest shall be capitalised...
Babulal Mekulal Vs. the Principal, Govt. Engineering College and anr.
Court: Madhya Pradesh
Decided on: Mar-26-1960
Reported in: AIR1960MP294; [1960(1)FLR255]
Pandey, J. 1. This petition under Article 226 of the Constitution is directed against an order of the Principal, Government Engineering College, Jabalpur (respondent No. 1) dated 19 February 1959 by which the services of the petitioner were dispensed with from the next day. 2. By an order No. 7530 dated 27 August 1958, the petitioner, who was already working as a Farrash, in the Government Engineering College, Jabalpur, was appointed temporarily until further orders as Laboratory Attendant in the Applied Physics Department of the College. On 19 February 1959, his services were dispensed with by the following order: 'You have been found to be utterly negligent in the discharge of your duties as laboratory attendant, as during the course of these three-lour months that you have been laboratory attendant in the Applied Physics Department, there have been repeated thefts of instruments from Laboratories in that Department which you were required to look after. You have also been reported ...
Soorat Singh Phool Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-24-1960
Reported in: AIR1960MP302; 1960CriLJ1221
P.K. Tare, J.1. This appeal is by the accused against his conviction under Section 326, Indian Penal Code and the sentence of rigorous imprisonment for 3 years passed by Shri D. B. Pawday, First Additional Sessions Judge, Sagar, in Sessions Trial No. 123 of 1959, dated 31-12-1959.2. The appellant was prosecuted for an offence under Section 307, Indian Penal Code read with Section 34, Indian Penal Code along with one Harsingh in connection with an attempted murder said to have been committed on 25-4-1959-at mouza Ratona.3. The sessions trial was partly conducted by the late Shri Mehtab Ahmed, Additional Sessions Judge, Sagar. After his death, Shri D. P. Pawday, succeeded him as First Additional Sessions Judge at Sagar. The rest of the evidence was recorded by Shri Pawday and judgment was ultimately delivered by him. The learned Judge found the present appellant guilty of an offence under Section 326 Indian Penal Code and sentenced him as aforesaid.4. The learned counsel for the appellan...
Gendlal Mihilal Sahu and anr. Vs. Ratanchand JaIn and ors.
Court: Madhya Pradesh
Decided on: Mar-11-1960
Reported in: AIR1960MP255
Pandey, J. 1. This is an appeal against the dismissal of an application for probate of a will dated 1-12-1953,2. The following genealogy would show how the testator Mst Jhika was related to the appellantand the legatees : LACHCHI ________________________________________|_________________________________ | | | Daddu Mihilal Shrikrishna =Mst. Jamna | =Mst. Jhika | Gendlal (Testator) Bhaiyalal (Appellant No. 1) | | Jhadu _____________________ (Appellant) | | No. 2) Tulsiram Mohanlal (Legatee) (Legatee) 3. It is not now disputed that Daddu, husband of Mst. Jamna, and his brother Shrikrishna, husband of the testator Mst. Jhika, died long ago and thereafter the two widows, who were sisters, lived together and carried on a joint business in the course of which they acquired a small estate. It is also common ground that the ladies had executed a deed dated 18-7-1947 by which they gifted their house to the deity Shri Radha Krishnaji and placed the managers or trustees in charge of the temple o...
Bengal Nagpur Cotton Mills Ltd. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-10-1960
Reported in: AIR1960MP319; [1960(1)FLR152]; (1960)IILLJ551MP
Dixit, C.J.1. This is an application under Article 226 of the Constitution of India for quashing the certificates issued by the Labour Commissioner under Section 33C of the Industrial Disputes Act, 1947, for recovery of certain amounts said to be due from the petitioners and for quashing the notice of demand served by the Tehsildar, Rajnandgaon, on the basis of those certificates.2. The petitioner is a public limited company which has been carrying on the business of manufacturing cotton textiles at Rajnandgacn. In 1959 the management decided to close down the working of the mills on the grounds of rise in labour and manufacturing costs, uneconomic work-big, absenteeism amongst workers, and financial difficulties. Accordingly the mills were closed from 6-9-1959. The validity of the closure was upheld by the State Industrial Court by its order in Industrial Application No. 67 of 1959 dated 4-9-1959. Thereafter on applications made by certain workers and at the instance of the Rashtriya ...
Paltu Matabadal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-09-1960
Reported in: AIR1961MP5; 1961CriLJ88
ORDERP.R. Sharma, J. 1. The applicant Paltu has been convicted by the Magistrate First Class Bilaspsr under Section 34 (a) of the C.P. and Berar Excise Act and sentenced to undergo rigorous imprisonment for four months and to pay a fine of Rs. 100/- or in default to undergo further rigorous imprisonment for one month. An appeal preferred by him against his conviction and sentence was partly allowed by the First Additional Sessions Judge Bilaspur. He has now come up, in revision before this Court.2. The applicant runs a grocery shop as mouza Pendra and also holds a licence for sate of 'Ganja'. On 7-7-1957 Excise Sub-Inspector Shri D.K. Singh and Shri Jeewanlal went to the shop of the accused. On their arrival they noticed that the accused was trying to conceal sun aluminium container beneath his wooden dias. Shri Jeewanlal took the container from the hands of the accused. On being opened it was found to contain 3 tolas of foreign 'Ganja',.3. The applicant was on the facts stated above t...
Akharbhai Nazarali Vs. Md. HussaIn Bhai
Court: Madhya Pradesh
Decided on: Mar-08-1960
Reported in: AIR1961MP37; 1961CriLJ266
ORDERH.R. Krishnan, J. 1. Criminal Revision No. 177 of 1959 is a reference by the Addl. Sessions Judge, Ujjain, on an application in revision by the ProvidentFund Inspector; Criminal Revision No. 257 of 1959 is an application in revision filed in this Court by the said Inspector himself. Both arise from the orders of the Magistrate, Ujjain, dismissing three complaints by the said Inspector, on the ground that the allegations mentioned in them did not constitute the offences under the respective counts, because, the law creating them had been brought into force after the omissions had been committed, 2. The accused (non-applicants), who are the proprietors of a textile mill at Ujjan, were, in those complaints, charged under three counts: (i) Under Section 406, I. P. C., for criminal breach of trust in respect of amounts deducted during the months, January, February and March 1953, from, the wages of their employees as contribution to the Empolyees' Provident Fund, which the accused-empl...
Muhammad HussaIn Bhai and anr. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-08-1960
Reported in: (1960)IILLJ664MP
H.R. Krishnan, J.Criminal Revision No. 177 of 1959 is a reference by the Additional Sessions Judge, Ujjain, on an application in revision by the Provident Fund Inspector; Criminal Revision No. 267 of 1959 is an application in revision filed in this Court by the said inspector; himself. Both arise from the orders of the Magistrate, Ujjain, dismissing three complaints by the said inspector on the ground that the allegations mentioned in them, did not constitute the offences under the respective counts, because the law creating them had been brought into force after the omissions had been committed.2. The accused (non-applicants), who are the proprietors of a textile mill at Ujjain, were in those complaints charged under three counts:(i) Under Section 406, Indian Penal Code, for criminal breach of trust in respect of amounts deducted during the months, January, February and March 1953, from the wages of their employees as contribution to the Employees' Provident Fund, which the accused em...
Mohammad HussaIn S/O Abdul HussaIn Vs. S.S. Joshi, Asst. Custodian of ...
Court: Madhya Pradesh
Decided on: Mar-05-1960
Reported in: AIR1961MP30
ORDERV.R. Newaskar, J.1. This is a petition under Article 226 of the Constitution for quashing the notice issued for declaring petitioner's brother Kurban Hussain as evacuee and his 1/5th interest in the house properties in Jaora as evacuee properties as also for quashing the order dated 8-2-1956 passed by the Assistant Custodian Evacuee Property consequent upon the notice aforesaid and that of the Custodian dated 17-9-1956.2. Petitioner's case is that his brother Kurban Hussain had left for Rawalpindi long before 1-3-1947 after taking share of his property inherited by him from their father Abdul Hussain, that however the opponent Asstt. Custodian of Evacuee Property, Madhya Bharat, Indore after issuing notice dated 9-3-1955 under Section 7 of the Administration of Evacuee Property Act declared Houses No. 671 in Boharbakhal and No. 1240 in Bazazkhana Jaora as evacuee property, by his order dated 8-2-1956, that thereupon the petitioner preferred appeal to the Custodian challenging the ...
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