Madhya Pradesh Court March 1961 Judgments
Dalsingh S/O Gulab Singh Thakur Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-31-1961
Reported in: 1961CriLJ496
ORDERN.M. Golvalker, J.1. This is a revision petition by the accused whose appeal against his conviction under Section 406, Indian Penal Code, has been dismissed by the Sessions Judge, Hoshangabad.2. The accused came to be prosecuted in these circumstances. On 8-3-1959 Shri Shukla, Naib Tahsildar, seized unsawn 1141 logs of timber from the possession of the accused at his timber stall at Pipariya. Admittedly the seizure was made as it was suspected that the seized timber had been illicitly felled about which a revenue enquiry was being made. After seizure the timber was duly hammer marked and entrusted to the accused on his executing a supratnama agreeing to produce the timber wherever and whenever called upon to do so. Later on, on 5-8-1959 the accused himself moved a petition before the Naib Tahsildar complaining of theft of 300 logs out of the logs entrusted to him. On enquiry the report of alleged theft was found to be baseless.On the contrary it was learnt that the accused had him...
Tag this Judgment!Rewaram Balwant Khati and anr. Vs. Ramratan Balwant Khatai and ors.
Court: Madhya Pradesh
Decided on: Mar-30-1961
Reported in: AIR1963MP160
V.R. Newaskar, J.1. The only question Involved in this second appeal as regards the legitimacy of the defendants.2. Plaintiffs Rewaram and Moolchand brought the pre-sent suit for a declaration that the defendants Ramratan jagannath and Bapu are not the legitimate sons of their father Balwant. The defendants denied the plaintiffs assertion and contended that they are the legitimate sons of Balwant. The controversy arose when on Balwant's death the question of mutation of the lands standing in his name arose. Rewaram and Moolchand Submitted a petition before the Revenue Court alleging that they alone are the legitimate sons of Balwant and that their names should be mutated In place of deceased Balwant. This petition of Rewaram and Moolchand was opposed by Ramratan, Jagannath and Bapu claiming themselves to be the legitimate sons of Balwant. The revenue Courts upheldthe contention of the latter three and directed the namesof all the five to be mutated. Rewaram and Moolchandfeeling aggriev...
Tag this Judgment!Manajar Allabux Vs. State
Court: Madhya Pradesh
Decided on: Mar-27-1961
Reported in: AIR1962MP244; 1962MPLJ12
Krishnan, J. 1. The appellant Manjar son of Allabux of Jaora, a young man between 20 and 25 years of age, has been convicted under Section 302, I. P. C. for killing Munna Musalman--a neighbour of his, by stabbing him five times with a knife on THE evening of 18-10-1957. Death itself followed after about 48 hours. He has been awarded for reasons given by the learned Sessions Judge, imprisonment for life. His brother Bhura Musalman was convicted under Section 323, I. P. C and sentenced to rigorous imprisonment for one year, but was acquitted of the charge under Section 302/34, I.P.C. He has not appealed. Otherwise simple, this case illustrates the tests for distinguishing between cases under Sections 302 and 304, I. P. C. 2. The common ground is that on that evening, while Munna was sitting on a platform along with some other neighbours, the appellant Manjar went to him. They began to quarrel, Manjar charging him with making false claim of money and Munna asserting for his part, that the...
Tag this Judgment!State of M.P. Vs. RamadhIn Bansdhari Kurai and ors.
Court: Madhya Pradesh
Decided on: Mar-20-1961
Reported in: 1962CriLJ550
ORDERC.B. Kekre, J.1. The Additional Sessions Judge, Jabalpur, has made this report Under Section 438, Criminal Procedure Code, for setting aside the order of Magistrate First Class, Mandla, rejecting the prayer of certain accused persons, who have been prosecuted for offence Under Section 26 of the Forest Act, for grant of copies of statements of the prosecution witnesses, recorded during investigation.2. The offences for which the accused persons, Ramadhin, Motilal and sole, are being prosecuted, are offences Under Section 26(l)(f) and (g) of the Forest Act. In respect of these very acts of the accused persons, for which they are being prosecuted, a report had been made to the police, who had held investigation, but did not put up a charge sheet. The Range Officer, Mandla, however, filed a complaint alleging commission of offences mentioned above, and it is this complaint which is being enquired into by the Magistrate First Class, Mandla.3. The accused persons applied for being grant...
Tag this Judgment!Gopalachandra and ors. Vs. Bhagwatinand Brahmanchari and ors.
Court: Madhya Pradesh
Decided on: Mar-18-1961
Reported in: AIR1962MP279
ORDERS.B. Sen, J.1. The suit under revision has been brought by Gopalchandra and his brothers against their father Ramchandra and another brother Shankarlal for a declaration that the mortgage of their ancestral house by their father and brother in favour of defendant No. 1 Bhagwatinand is not binding on them. The plaintiff-applicants alleged that the mortgage was withocut consideration, it was not for the benefit of the joint family; that there was no antecedent debt; that the transaction was immoral and that the mortgage was not binding on them as they were not parties to the same. The trial Court framed a preliminary issue regarding payment of court-fee, decided it against the plaintiffs and passed an order calling upon the plaintiffs to pay ad valorem Court-fee on the valuation of the decree which they wanted the Court to set aside. The plaintiffs have preferred this revision against the said order.2. The trial Court has relied on a case reported in AIR 1943 Nag 70, Vinayakrao v. M...
Tag this Judgment!Dr. Om Prakash Mishra Vs. National Fire and General Insurance Co. Ltd. ...
Court: Madhya Pradesh
Decided on: Mar-15-1961
Reported in: AIR1962MP19
Bhargava, J.1. This appeal arises out of a claim made by the appellant before the Motor Vehicles Claims Tribunal, Jabalpur, on the allegation that there was a collision between his car (No. MPJ 9339) and the motor bus (No. MPJ 790) belonging to the respondent, No. 2, on 13-9-1959. It was alleged that the petitioner sustained bodily injury in the accident for which damages amounting to Rs. 10,200/- were claimed. It was also alleged that in the same accident, the petitioner's car was damaged and on account of the damage to his car, Rs. 6,000/- as damages were claimed.2. The Claims Tribunal held after hearing arguments that it had no jurisdiction to try the claim in respect of damage to the car and decided issue No. 10 (a) against the appellant. It is against this order that the present appeal has been filed.3. Before we heard arguments on merits, a preliminary point was raised on behalf of the respondents challenging the tenability of this appeal. The objection is based on the provision ...
Tag this Judgment!Kamal Singh Baldeo Singh Thakur Vs. Gautam Sharma and ors.
Court: Madhya Pradesh
Decided on: Mar-14-1961
Reported in: 1961CriLJ491
ORDERA.H. Khan, J.1. This question is filed by Kamal Singh with a request that suitable action be taken against all the non-petitioners under the Contempt of Courts Act.2. The petitioner has stated that he lodged a report against one Nanne Khan under Sections 452 and 506 I.P.O. at Police Station Shivpuri, that the Police aftar arresting Nanne Khan submitted a Challan before a First Class Magistrate, Shivpuri and the case was numbered as No. 385/60. It is alleged that the Editor of Nav Prabhat, a Hindi daily paper published a news item and that the Superintendent of Police took some disciplinary action against the Sub-Inspector who challaned the case. It is contended that the news item and the action taken by the Superintendent of Police are calculated to prejudice the trial of his case.3. From the news item, mentioned in the petition, it seems that it is about a protest made by all political parties against the action of the Sub-Inspector, who paraded a teacher, with handcuffs on, in t...
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