Madhya Pradesh Court October 1961 Judgments
Firm Ram Nath Sita Ram Vs. Laxmandas S/O. Govardhan Das and ors.
Court: Madhya Pradesh
Decided on: Oct-31-1961
Reported in: AIR1962MP276
ORDERP.R. Sharma, J.1. This is an appeal under section 47 of the Code of Civil Procedure against the order dated the 30th of July, 1959 pissed by the First Addl. District Judge Gwalior, whereby he dismissed the present appellant's application for execution of a decree passed in his favour on 17-9-1946 by the High Court of Bombay.2. On an application submitted by the decree-holder the Bombay High Court passed an order on the 1st of; November, 1951, for transfer of the decree for execution to the District Judge at Gwalior. It is not disputed that the defendant was at the time of the suit neither a resident of Bombay Presidency nor did he submit to the jurisdiction of the High Court at Bombay in the course of the trial of the suit. On these facts the questions which arose for consideration before the learned Addl. District Judge and which have to be determined in this appeal are (1) whether the ex parte decree passed by the Bombay High Court on 17-9-1946 could, after the coming into force...
Tag this Judgment!Punjab Soap Works Vs. Hindusthan Liver Ltd.
Court: Madhya Pradesh
Decided on: Oct-31-1961
Reported in: AIR1962MP356; 1962MPLJ240
Dixit, C.J.1. This is a Letters Patent appeal against an order of Naik )., by which the learned Single Judge dismissed an appeal against an order made by the First Additional District Judge, Jabalpur, granting an ad-interim injunction against the defendant-appellant in a suit filed by the respondent-Company for infringement of its registered trade marks and for passing off the goods of the defendant as those of the plaintiff.2. On behalf of the respondent Shri K.K. Dube raised the preliminary objection that the appeal was incompetent as the order of the learned Single Judge was not a 'judgment' under or within the meaning of Clause 10 of the Letters Patent of this Court. Relying on a Full Bench decision of this Court in Manohar v. Baliram ILR (1952) Nag 471 : (AIR 1952 Nag 357), learned counsel argued that the order in question neither affected the merits of the controversy between the parties in the suit itself, nor did it terminate or dispose of the suit on any around, and consequent...
Tag this Judgment!State of Madhya Pradesh Vs. Shantilal Dayashanker
Court: Madhya Pradesh
Decided on: Oct-31-1961
Reported in: 1962CriLJ817
P.V. Dixit, C.J.This is an appeal by special leave under Section 417(3) of the Criminal Procedure Code from an order of Shri S.R. Sharma, Additional District Magistrate, Raipur, acquitting the respondent of charges under Sections 6(1) and 15 of the Central Provinces and Berar Prohibition Act, 1988.2. The circumstances in which the order of acquittal was passed are these. On 9th July I960 a challan in respect of offences under Sections 6(1) and 15 of the Act was presented in the Court of the Additional District Magistrate, Raipur, against the respondent and one Bhagwandas. The accused persons were present in the Court on this date. Thereafter the hearing of the case was adjourned from time to time. On 14th November 1960 the Magistrate examined the accused persons and posted the case for hearing on 15th November 1960. On this date also it was adjourned to the next day, that is, 16th November 1960. On 16th November, an objection was raised on behalf of the respondent Shantilal that he was...
Tag this Judgment!Pannu Jeegania Vs. Dewi Prashad Sukh Chand
Court: Madhya Pradesh
Decided on: Oct-26-1961
Reported in: AIR1963MP15; 1962MPLJ143
Shiv Dayal, J.1. The appellant's (sic) (respondent's?) suit was based on a bond for Rs. 880/- (Ex. pl.) under which the defendant is purported to have obtained a lean of Rs. 880/- in cash. The defendant denied that any cash consideration passed. He also pleaded a repayment of Rs. 398A. The trial Judge dismissed the suit. The first appellate Court has found that no cash consideration passed from the plaintiff to the defendant on the date of the execution of the bond but on the defendant's admission he found that a decree could be passed against him.2. It is argued by Shri Gupta that there was no case in the plaint nor in the statement of the plaintiff or his witnesses that there was any previous account under which the defendant was liable to pay Rs. 880/-, the defendant's admission should either have been taken into account as a whole or should have been ignored. But the lower Court has passed a decree on this basis without taking into consideration his objection that interest at a rat...
Tag this Judgment!Madhya Pradesh Transport Co. Private Ltd. Vs. State of Madhya Pradesh ...
Court: Madhya Pradesh
Decided on: Oct-25-1961
Reported in: AIR1962MP108
Dixit, C.J. 1. This order shall also govern Miscellaneous petitions Nos. 112 and 113, both of 1961. 2. These are three petitions under Articles 226 and 227 of the Constitution of India by transport companies holding permits under the Motor Vehicles Act, 1939, challenging the validity of the Madhya Pradesh Motor Vehicles (Taxation of Passengers) Act, 1959, (hereinafter referred to as the Act), on various grounds. The petitioners pray for the issue of a writ in the nature of mandamus for restraining the respondents from giving effect to the provisions of the Act or acting in any manner by virtue of or under the said Act. Alternatively they pray that if the Act is valid, then a direction prohibiting the respondents from enforcing the Act as against them until the State Government issues a notification under Section 43 of the Motor Vehicles Act enhancing the maximum rate of fare in respect of the stage carriages run by them, be issued. 3. The impugned Act was enacted in 1959. It came into ...
Tag this Judgment!The Jabalpur Bijlighar Karmachari Panchayat Vs. the Jubbulpore Electri ...
Court: Madhya Pradesh
Decided on: Oct-25-1961
Reported in: AIR1962MP172; (1963)ILLJ606MP
Pandey, J. 1. This is a petition under Arts. 236 and 227 of the Constitution for a writ of certiorari to quasn an award of the State Industrial Court (respondent 2) dated 10th March 1961 and also for either considering the matter afresh or a direction requiring the respondent 2 to do so.2. The petitioner, which represents the employees of the Jubbulpore Electric Supply Co., Ltd. (respondent 1), served upon the Company on 4th January 1957 a notice under Section 32 (1) of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947 (hereinafter called the Act making the following demands :(i) Merger of 50 per cent of the dearness allowance in wages. (ii) Provision for a Gratuity Scheme, (iii) Revision of scales of pay. (iv) Refixation of basic wages by adding to them 50 per cent of such wages as on 1st October 1956. (v) Promotion strictly according to seniority and efficiency. (vi) Introduction, of all these changes from 1st October 1956. Since there was no settlement either ...
Tag this Judgment!Smt. Alopbai W/O Ramphal and anr. Vs. Ramphal Kunjilal and ors.
Court: Madhya Pradesh
Decided on: Oct-24-1961
Reported in: AIR1962MP211
Dixit, C.J. 1. This is a Letters Patent appeal from a decision of Tare J. upholding the judgment and decree of the Additional District Judge, Narsimhapur, giving to the respondent Ramphal a decree for restitution of conjugal rights. 2. The plaintiff's case was that he was married to the appellant Alopbai on 13th March 1950; that after the consummation of marriage the tried to bring the appellant (No. 1) to his house but respondents Nos. 2 and 3 and appellant No. 2, who were close relatives of Alopbai and with whom she was staying, did not allow Alophai to come and live with him; that on 24th May 1956 while Alopbai was on her way to the house of Todalsingh (appellant No. 2) he (the plaintiff) met her and persuaded her to come and live with him; that accordingly she came to his house and lived with him for 26, days; that thereafter Todalsingh (appellant no. 2) and Gomitibai (respondent No. 2), her mother, took her away from his house after instituting criminal proceedings; and that since...
Tag this Judgment!Shiv Prasad Ram Dayal Vs. Shyamlal Bhagirath and anr.
Court: Madhya Pradesh
Decided on: Oct-23-1961
Reported in: 1962CriLJ551; 1962MPLJ709
T.P. Naik, J.1. This is an appeal by the complainant Shiv Prasad against the acquittal of the accused-respondents Shyamlal and Jeewanlal of offences Under Section 482 of the Indian Penal Code. The accused-respondents were convicted by the Magistrate Second Class, Sihora for having used false trade mark and sentenced to pay a fine of Rs. 500/-each, or in default to undergo rigorous imprisonment for three months each. The complainant was awarded Rs. 400/- as compensation out o1 the fines realised. The Sessions Judge, Jabalpur on appeal set aside the aforesaid conviction and sentences.2. The facts necessary for the purpose of this appeal are as follows. The Firm of M/s. Udhavji Shrikishan Das are bidi manufacturer of Satna, Tahsil and District Satna, M. P. The complainant Shiv Prasad is the agent of the Firm who sells the firm's bidis in various parts of Uttar Pradesh including Gorakhpur district. The accused-respondents are the proprietors of 'Majholi Jai Hind Bidi Factory' situate at Ma...
Tag this Judgment!Laxminarayan Ramchand Mahajan Vs. Bhera Sitaram Deswali
Court: Madhya Pradesh
Decided on: Oct-20-1961
Reported in: AIR1962MP379; 1962MPLJ495
S.B. Sen, J.1. The question involved in this case is very simple but it is of some importance. The decree was passed on 20-2-1952 against one Bhera and in favour of one Madanlal. Madanlal assigned the decree to the present appellant Laxminarayan on 25-3-1953. He filed an application on 15-4-1954. No notice was issued to the transferor-decree-holder but a notice was issued to the judgment-debtor. A warrant was also issued but some how or other it was not executed. The application was dismissed on 11-4-1955. Laxminarayan again filed an application for execution on 14-1-1957. This application has been challenged as barred by time. Both the Courts held in favour of the judgment-debtor. The decree-holder has now come up in second appeal.2. The main objection is that the previous application dated 15-4-1954 was not an application according to law as no notice was issued to the transferor. It would therefore not give any limitation for filing a fresh execution petition.3. Proviso to Order 21,...
Tag this Judgment!Panchamlal Sikrilal Vs. Municipal Board and anr.
Court: Madhya Pradesh
Decided on: Oct-17-1961
Reported in: AIR1962MP105; 1962MPLJ92
Dixit, C.J. 1. This is an application under Article 226 of the Constitution of India for the issue of a writ of certiorari for quashing the resolutions and notifications of the opponents for the imposition of an octroi tax from 15th October 1959 on goods or animals brought within the limits of the Municipal Board, Rewa, for consumption or use therein and for the issue of a direction restraining the opponents from levying and collecting the octroi tax.2. The petitioner is a retail shopkeeper in Rewa town carrying on business in cloth and general merchandise. He brings cloth and other goods from various places for sale within the limits of the Rewa Municipal Board constituted under the Rewa State Municipalities Act, 1946. It was in 1954 that the Board first mooted the proposal for the imposition of octroi tax on goods and animals brought within the municipal limits in the exercise of its powers under Section 121(1)(f) of the Act. For this purpose meetings of the Board were held on 13th a...
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