Madhya Pradesh Court August 1962 Judgments
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Ganga Prasad Jaiswal Vs. Chhotelal Jain
Court: Madhya Pradesh
Decided on: Aug-31-1962
Reported in: AIR1963MP128; 1963CriLJ445
ORDER1. Chhotelal filed a complaint in the Court of Magistrate First Class, Jabalpur, against Gangaprasad Jaiswal, Partner of Messrs. Shri Uma Shankar Oil Mills, Allahabad, under Sections 417, 420 and 500 of the Penal Code. In short the allegations were these. On November 22, 1960, Messrs. Shri Gopal Rameshwar Das, Jabalpur, entrusted to the complainant a bank draft for Rs. 15,000/- payable to Shri Uma Shankar Oil Mills, Allahabad, by handing over to the said Mills against delivery of 400 tins of mustard oil. The complainant went to Allahabad. There he met the accused Gangaprasad in the premises of the Mills and informed him of having brought the aforesaid draft with the aforesaid instructions.As the complainant was not willing to hand over the draft without delivery of the oil, the accused sent for a truck and loaded it with cans containing the requisite weight of oil. The accused instructed the driver of the truck to carry it to Jabalpur under the complainant's direction. When this w...
Jaganlal Anjordas Vs. the State
Court: Madhya Pradesh
Decided on: Aug-31-1962
Reported in: 1963CriLJ570
Shiv Dayal, J.1. Field No. 201 in Patwari Circle No. 36 of village Tegnagarh, tahsil Mungeli, was originally of Baisakhu (P.W. 2) and his brother Ramlal alias Nanki (P.W. 1). They sold it to Rungsa of village Jhulna on June 3, 1952. Rungsa was their brother-in-law (husband of their sister Chailibai). After Rungsa's death this property devolved on Chaitibai. By a sale deed dated June 3, 1960, (Ex. P-2), Chaitibai sold this land to Baisakhu (P.W. 1) and his wife Mst Jadrabai. According to the prosecution this field was in possession of Baisakhu and it was cultivated by him and his brother. The crop that was standing on November 6, 1960, had been sown by Baisakhu and his brother, it was being harvested on that day. Baisakhu (P.W. 2), Ramlal (P.W. 1) and Jaitram, husband of Baisakhia (P.W. 16) are brothers, Chaitibai was their sister.2. On November 6, I960, the crop was being harvested by Baisakhu, Ramlal, Chaitibai and their labourers. Baisakhia (P.W. 16) was also there in the field. Head...
Gowardhan Sheocharan and ors. Vs. Smt. Gangabai
Court: Madhya Pradesh
Decided on: Aug-28-1962
Reported in: AIR1964MP168
Shrivastava, J. 1. The suit out of which this first appeal arises was filed by the respondent Mst. Gangabai for (a)maintenance at Rs. 200/- per month; (b) arrearsof maintenance Rs. 6,000/- for twelve years before suit; and (c) Rs. 5,000/- cash to enable herto build a house for her residence. The trial Courtdecreed the claim at Rs. 75/- per month forfuture maintenance, Rs. 3,600/- as arrears ofmaintenance at Rs. 25/- per month and alloweda house at Mahasamund for her residence. Thedefendants have fiied this appeal praying for reduction of future maintenance to Rs. 50/- amonth, for disallowing arrears of maintenance andfor reduction of the amount from the date of suittill the filing of appeal. They have also statedthat the house in Mahasamund be not given for herseparate maintenance. The plaintiff Mst. Gangabai has filed a cross-objection for raising theamount of future maintenance to Rs. 200/- amonth and the arrears to Rs. 50/- a month. Shehas also claimed Rs. 5,000/- for a separate hou...
In Re, Siyaram Hanuman Prasad
Court: Madhya Pradesh
Decided on: Aug-28-1962
Reported in: 1963CriLJ219
Shlv Dayal, J.1. Facts material for this petition may be stated thus. A theft was committed in respect of horse-been (Urad) from the possession of M/s Laxmi-chand Badrinarayan of Rajnandgaon, within the jurisdiction of the Sub-Divisional Magistrate, Rajnandgaon. The case was registered in Police Station, Rainandgaon, (Crime No. 344/457). During the course of investigation of that crime, on 1-9-1961 S. O., Rajnandgaon seized 213 maunds 10 seers of horse-bean from one Siyaram resident of Ramsagarpare, within the jurisdiction of Additional District Magistrate, Raipur, and entrusted the commodity to M/s Sohanlal Munshilal on their undertaking to produce it on demand.2. On the 29th September Siyaram made an application to the Sub-Divisional Magistrate, Rajnandgaon, praying that the said commodity be disposed of by auction or through the registered Municipal Dalals in the Raipur market. It was stated that if the seized commodity was kept for a long period in the godown, there was every likel...
Dayaram Son of Ajitsingh and ors. Vs. Kashiram Son of Ajit Singh and o ...
Court: Madhya Pradesh
Decided on: Aug-27-1962
Reported in: AIR1964MP286
Naik, J. 1. In a suit for partition of Hindu joint family property, the appellants (plaintiffs) also challenged certain alienations of the joint family property made by the manager in favour of the defendant alienees Ratnakar Jha (respondent 12), Nandkishore Sao (respondent 13) and Smt. Sushiladevi (respondent 14) and claimed that the aforesaid alienations, not being for legal necessity, were not binding on them and that consequently the properties covered by the se alienations should be available for partition.2. The trial Court held the alienations to be for legal necessity and consequently binding on the estate. The plaintiffs have, therefore, come up in appeal.3. The alienations in question are three sales of three houses in the town of Durg made in favour of Ratnakar Jha, Nandkishore Sao and Smt. Sushiladevi on 19-6-1952, 21-6-1952 and 21-6-1952 respectively. The first was for a consideration of Rs. 8,000/-, the second for a consideration of Rs. 20,000/- and the third for a consid...
Moharsai Sukhalal Vs. State of Madaya Pradesh
Court: Madhya Pradesh
Decided on: Aug-27-1962
Reported in: 1964CriLJ596; 1962MPLJ317
Bharsava, J.1. Accused Moharsai has been convicted by the learned second Additional Sessions Judge, Bilaspur, for an offence Under Section 302 of the Penal Code and sentenced to undergo rigorous imprisonment for life. The accused has appealed to this Court against this conviction and sentence.2. the case for the prosecution is that the accused killed his wife by Inflicting blows with a Basula (a mason's sfttrp cutting tool for setting) at about 6.30 a.m. on 27-9-1960 at his house. The motive for the offence is said to b that the accused suspected the character of his wife. The relations between the couple were not very cordial and there used to be frequent quarrels between them.3. The accused denied his guilt completely.4. The evidence on which the learned lower Court has convicted the appellant consists of:(i) Circumstance of his being alone with the deceased in the house at that time of the commission of the offence;(ii) The fact of his going to the police station shortly after the c...
Rajab Ali Farishta Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Aug-24-1962
Reported in: [1963]14STC574(MP)
ORDER1. This petition under Article 226 of the Constitution is directed against two notices dated 6th November, 1961, which the Commissioner of Sales Tax, Madhya Pradesh, purported to issue under Section 39(2) of the Madhya Pradesh General Sales Tax Act, 1958, and the proceedings taken in pursuance of those notices against the petitioner.2. Although the petitioner has asked for several reliefs, when the case came up for hearing before us, his counsel Shri Dharmadhikari only pressed for a direction requiring the Commissioner to decide the preliminary objections which were argued on 1st March, 1962. For the relief just mentioned, it is necessary to state a few facts. The petitioner is a partner of the firm Rajab Ali Wali Mohammad. That firm is a registered dealer and carries on at Raipur the business of importing and selling motor tyres and tubes, kerosene oil, bicycles, parts and accessories. The Regional Assistant Commissioner of Sales Tax, Raipur, assessed the firm to tax in respect o...
Vidya Charan Shukla Vs. G.P. Tiwari and ors. Overruled
Court: Madhya Pradesh
Decided on: Aug-24-1962
Reported in: AIR1963MP356
Shiv Dayal, J.1. In the general elections held early this year Vidya Charan Shukla, the petitioner was returned to the House of the People from the Mahasamund constituency on the Congress ticket. He polled 56,664 votes. His rival candidates, Khubchand Baghel respondent No. 2 (Praja Socialist Party) secured 53,872; Indradeo Tandon respondent No. 3 (Republican Party) 9,138; Dharamjit Singh respondent No. 4 (Ram Rajya Parishad) 23,889; and Ramsingh respondent No. 5 (Jan Sangh) 14,532 votes.2. Khubchand Baghel respondent No. 2 filed an Election. Petition challenging the aforesaid election on the ground of a corrupt practice -- publication of a pamphlet published in the name of one Tikamchand Jain, allegedly containing false and defamatory statement in respect of Khubchand Baghel. For our purposes it is unnecessary to set out the allegations contained in the Election Petition. Suffice to reproduce the prayer in verbatim :The petitioner claims (i) a declaration that the election of the retur...
B.S. Lail Vs. Sardar Mal Lalwani
Court: Madhya Pradesh
Decided on: Aug-22-1962
Reported in: AIR1964MP124; 1963MPLJ79
Newaskar, J.1. This appeal is directed against the decision of the Civil Judge Bhopal holding the plaintiff's suit as incompetent by reason of Section 47 C. P. Code and dismissingthe same.2. Facts giving rise to the present appeal may be briefly stated as follows:A decree for Rs. 21,700/- was passed on the basis of an award on 13-3-1949 under the terms of which the aforesaid sum was payable by four equal instalments of Rs. 5,425/- each falling due on 1-8-1948, 1-11-1948, 1-3-1949 and 26-6-1949. The plaintiff in whose favour thatdecree was passed applied for its execution against the defendant on 16-7-1949. The defendant appeared in the execution proceedings and objected to the maintainabilly of the execution application on what according to him was the true interpretation of the award and the decree based on it. The objection did not find favour with the executing Court but was upheld by the learned Judicial Commissioner Bhopal by his decision dated 17-12-1953. It was held by him that ...
The State of Madhya Pradesh Vs. Abdul Rashid
Court: Madhya Pradesh
Decided on: Aug-20-1962
Reported in: AIR1963MP71; 1963CriLJ197; 1962MPLJ153
Shiv Dayal, J.1. This appeal is directed against the order of acquittal passed under Section 247, Cr. P. C. A complaint was filed against Abdul Rashid accused in the Court of the Sub-Divisional Magistrate, Bagum-ganj under the Motor Vehicles Act, by the Station Officer, Ghairatganj. On March 31, 1961, the Sub-Divisional Magistrate acquitted the accused just because of non-appearance of the complainant, S. O., Ghairatganj. The only question in this appeal is whether Section 247 of the Code of Criminal Procedure applies to a case where 'a complaint' is filed by a police officer.2. The operation of Section 247, Cr. P. C., is not attracted unless the case was instituted on a complaint. The word 'complaint' is, defined in Section 4 (i) (h) of the Code. That definition expressly excludes the report of a police officer. It is argued for the defence that the expression 'report of a police officer' within the meaning of that definition connotes only that report which is submitted in a cognizabl...
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