Madhya Pradesh Court January 1962 Judgments
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Laxminarayan Sawalram Vs. Dwarkaprasad Rudmal and anr.
Court: Madhya Pradesh
Decided on: Jan-31-1962
Reported in: AIR1964MP55
Golvalker, J. 1. This appeal is directed against the order dated 20-12-1960 of the learned Single Judge, Sen, J., of this Court in Misc. Appeal No. 124 of 1958 whereby the order of the executing Court setting aside the sale of the rice mill by public auction in favour of the appellant was upheld.2. Briefly stated the facts giving rise to the sale of the rice mill are these. Appellant-decree-holder and the respondent-judgment-debtor No. 1 Dwarkaprasad had entered into a partnership on 27-12-1950. However, the appellant filed a suit on 18-4-1953 for dissolution of partnership and settlement of accounts. The claim was contested by Dwarkaprasad and evidence in the suit was to be recorded on 5-7-1955. But on that date both the parties to the suit amicably settled their disputes and in terms of their compromise a decree was passed on that date. It was one of the terms of the compromise that the partnership property be sold through a commissioner, and that out of the half share of respondent-...
The Allahabad Bank Ltd. Vs. Chaitram Choudhari and ors.
Court: Madhya Pradesh
Decided on: Jan-31-1962
Reported in: AIR1964MP226; 1963MPLJ350
Shrivastava, J.1. This is an appeal under Clause 10 of the Letters Patent against the order of the single Judge of this Court dismissing summarily the appeal filed by the appellant against the order of the Additional District Judge, Mandla, dated 11-4-1960.2. The appellant obtained a compromise decree against the respondents from the Court of the Additional District Judge, Jabalpur, which provided 'inter alia' that the decretal amount shall be a charge on 2400 shares of Muir Mills and'In the event of the decree remaining unsatisfied on or before 12th April 1959, the plaintiff Bank shall be entitled to sell the 2400 Muir Mills Ltd. shares pledged with It, and realise its dues either in whole or in part, and the decretal amount is thus created a charge on the sated shares. For the balance, if any, the defendants shall be personally liable as in (a) above'. At the request of the appellant, the Additional District Judge, Jabaipur, transferred the decree for execution to the Additional Dist...
Poonamchand Ghasiram Rathod Vs. the Regional Transport Authority, Indo ...
Court: Madhya Pradesh
Decided on: Jan-31-1962
Reported in: AIR1962MP203; 1962MPLJ528
Dixit, C.J. 1. The question raised in this petition under Article 226 of the Constitution is a short one. It is whether in proceeding, for the transfer of a permit taken under Section 59 (1) of the Motor Vehicles Act read with Rule 75 of the Madhya Bharat Motor Vehicles Rules, 1949, a person objecting to the transfer can claim the grant of the permit proposed to be transferred to himself. 2. In February, 1955, the Dhar Transport Company of Dhar addressed a letter to the Regional Transport Authority, Indore, for the transfer of a permit held by it on Dhar-Indore route to the respondent No. 3 Gendalal. On receipt of this letter the Regional Transport Authority published a notice in the Madhya Bharat Gazette dated 19th May, 1955, about the transfer of five permits held by the Dhar Transport Company including the one in question to the persons mentioned in the notice. The notice invited representations in connection with the intended transfer of permits. The Regional Transport Authority in...
Nazir Bhai Haji Ghisabhai Vs. Phoolchand Munnalal Jaiswal and ors.
Court: Madhya Pradesh
Decided on: Jan-30-1962
Reported in: AIR1962MP199; 1962MPLJ570
Pandey, J. 1. This petition under Articles 226 and 227 of the Constitution is directed against two orders, one passed by the Regional Transport Authority, Indore (respondent 3) on 30/31st January, 1958, whereby a stage carriage permit for Indore-Julwania-Barwani route was granted to phoolchand (respondent 1) in preference to other claimants including Nazirbhai (petitioner), and the other passed by the State Transport Appellate Authority (respondent 2) on 31st May, 1961, by which the appeal filed by two of the rival claimants and an objector was dismissed. 2. For a permit for the route there were as many as seven applicants many of whom also made representations against the rival claimants. In regard to the claim made by Nazirbhai the Regional Transport Authority observed: 'The applicant Nazirbhai Haji Chisabhai has two routes and a 1953 model spare passenger bus. The applicant should give to the public better transport facilities by paying special attention to the passenger buses runni...
Sitabai Nabya Kulmi Vs. Tuljabai Trimbak Kulmi and anr.
Court: Madhya Pradesh
Decided on: Jan-30-1962
Reported in: AIR1963MP322; 1963MPLJ589
Dixit C.J.1. This Letters Patent appeal from a decision of Newaskar, J., arises out of a suit filed by the appellant Sitabai for a declaration that the adoption of the respondent Sitaram by her mother Gangabai was invalid and that, therefore, she was entitled to succeed to and get possession of the entire property left by her deceased father Sukhlal. Sukhlal had two wives, namely, Gangabai and Dayabai. Sitaram is the grandson of Sukhlar being a son of his daughter Tuljabai born of Dayabai. Sitabai assailed the validity of adoption on various grounds, one of them being that the parties were governed by the Banaras School of Hindu law and accordingly it was necessary for the validity of the adoption of Sitaram by Gangabai that she should have been given express authority by the deceased Sukhlal and that she bad not any stick authority.2. The trial Court held that the parties were governed by the Banaras School of Hindu law and that Gangabai had not obtained any authority from Sukhlal for...
Bhawanilal Lachchi Ram and ors. Vs. Badri Lal and ors.
Court: Madhya Pradesh
Decided on: Jan-29-1962
Reported in: AIR1964MP153
P.R. Sharma, J.1. These three appeals, which have been preferred by the defendants, arise out of suits for recovery of money. Since they all involve common questions of fact and law and the appellants in all of them are the same, they are being disposed of by a common judgment.2. The facts material for the disposal of these appeals may briefly be stated as follows: A Cloth dealers' Association (hereinafter called 'the Association') of which the plaintiffs in these suits along with certain others, were the members, and Bhawanilal defendant No. 1 was, at the relevant time, the Chairman, was formed at Rajgarh. On a quota of cloth being allotted by the Central Government to the Association it was distributed among its members. The Association used to collect the price of the cloth from such of its members amongst whom it was to be distributed, and thereafter obtained the: cloth directly from the manufacturers. The price to be paid for the cloth as also the margin of profit chargeable there...
inayat HussaIn Vs. Employees State Insurance Corporation and ors.
Court: Madhya Pradesh
Decided on: Jan-25-1962
Reported in: AIR1963MP130; [1963(7)FLR299]; (1964)ILLJ677MP; 1963MPLJ727
Newaskar, J. 1. This is an appeal under Sub-section (2) of Section 82 of the Employee's State Insurance Act No. 34 of 1948 (hereinafter called the Act) against the order dated 1-6-1959 passed by the Employee's Insurance Court.2. The petitioner Inayat Hussain claims to be a co-owner of the land measuring 586 Bighas in Ujjain Tehsil having 1/3rd share therein. He further claimed an interest to the extent of two paisa in a rupee (i.e. 1/32) in the Nazarali Mills with compound, Madhav Cotton Press and houses located at what is called 'Bhuri Ka Adda'. The interest of the petitioner which he has admittedly claimed as a co-owner of the Mills and of the land aforesaid was attached by the Tehsildar Ujjain for realisation of the employers' and employee's contribution payable under Section 40 of the Act.3. And the short question for consideration in this appeal is whether the appellant Inayat Hussain falls in the category of Employers' as defined in the Act.4. The appellant's contention is that a...
Victor Solomon David Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-23-1962
Reported in: 1966CriLJ841
Shrivastava, J.1. Victor alias Kalloo, appellant in Criminal Appeal No. 95 of 1961, was tried along with two others Sunny and Cyril Daniel, under Section 302, read with Section 34 of the I.P.C. for having intentionally caused, the death of one Shyamlal on 8.7.1960. The appellant Kalloo was convicted under Section 304, Part I, and the other two accused were given the benefit of doubt and acquitted by the Additional Sessions Judge, Jabalpur, who tried the case. The appellant filed an appeal against his conviction and sentence. The State also filed an appeal (Criminal Appeal No. 209 of 1961) against the acquittal of the appellant under Section 302, I.P.C. Both these appeals were heard by a Division Bench of this Court consisting of Naik and Golvalker, JJ. The learned Judges have differed-Naik, J. holding that there was no right of private defence and the appellant should nave been convicted under Section 302 of the I.P.C. and Colvalker, J. holding that the appellant had a right of privatr...
Bhagwatinand Vs. Ramchandra Shivpratap and anr.
Court: Madhya Pradesh
Decided on: Jan-23-1962
Reported in: AIR1964MP211
V.R. Newaskar, J. 1. This appeal is directed againstan order refusing to appoint a receiver. 2. Material facts are that appellant Bhagwatinand alias Dudhadhari Brahmachari obtained a final mortgage decree against the respondents Ramchandra and Shankarlal in Civil Original Suit No. 12 of 1952. This decree was put into execution. The amount sought to be recovered was Rs. 32,418-14-0. After the suit was decreed in the mortgage suit the other sons of the mortgagor Ramchandra who is respondent No. 1, filed a declaratory suit for obtaining a declaration that the mortgage was not binding upon them as the same was not made for legal necessity and had been for immoral purpose. In this suit which is numbered as Civil Original Suit No. 17 of 1957, an order for temporary injunction was passed restraining the decree-holder Bhagwatinand from executing the mortgage-decree by the sale of the mortgaged property. When the decree-holder was faced with this situation he submitted an application before the...
Kundanmal Uttamchand Vs. Jwala Prasad and anr.
Court: Madhya Pradesh
Decided on: Jan-23-1962
Reported in: AIR1963MP183
ORDER1. This revision application has been preferred by the plaintiff against the order passed by the District Judge Gwalior, in Civil Misc. Appeal No. 3 of 1961, arising out of Civil Original Suit No. 295 of 1954 which was held by the Civil Judge First Class Gwalior to have abated.2. The facts material for the disposal of this petition are that the suit in the present case was filed against one Kishanchand for recovery of the price of certain goods supplied by the plaintiff to him. Kishanchand admittedly died on 10-6-1959. No application was made for bringing the legal representatives of Kishanchand on record within 90 days of the date of his death. The suit, therefore, abated on the 9th of September, 1959.The plaintiff submitted an application on 18-9-1959 in which he stated that he had on 10-9-1959 been apprised for the first time of the fact that Kishanchand had died about two months ago. He, therefore, prayed that his two sons Jawalaprasad and Meghraj be brought on record. It was ...
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