Madhya Pradesh Court August 1962 Judgments
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Prabhu Ramchandra Balai and ors. Vs. Sukha Nanda and ors.
Court: Madhya Pradesh
Decided on: Aug-20-1962
Reported in: AIR1963MP292
V.R. Newaskar, J.1. This second appeal arises out of a suit for specific performance of contract executed by defendant No. 1 Sukkha S/o. Nanda on Asad Badi 2 Samvat year 2011 (18-6-1954) in favour of the plaintiffs agreeing to sell his house for a consideration of Rs. 700/-. The case of the plaintiffs is that at the time of executing the agreement the defendant No. 1 received the entire consideration of Rs. 700/- and delivered possession to the plaintiffs and it was agreed that the vendor should secure registration of the sale-deed within a month; that however later on the defendant No. 1 changed his mind and dishonestly sold away the house to defendants Nos. 2 and 3 Tarachand and Gordhan for an apparent consideration of Rs. 800/- and executed in their favour a registered sale-deed; that at the time of this latter sale-transaction the defendants 2 and 3 were fully aware of the agreement made by Sukkha in plaintiffs' favour and that he had delivered possession of the suit house to the p...
State of M.P. Vs. Tuljaram, Managing Director M.P. Transport Co. Ltd. ...
Court: Madhya Pradesh
Decided on: Aug-18-1962
Reported in: AIR1963MP101; 1963CriLJ295; 1962MPLJ1126
ORDERShiv Dayal, J.1. This revision arises out of the order passed by the Magistrate First Glass, Raipur, refusing to proceed further with the trial on the ground that the complaint had not been filed by a competent person,2. A complaint was filed by P. K. Dave, whose designation is said to be Regional Transport Inspector (Enforce-ment), on the allegation that when he checked Bus MPR 799 there was no driving license with the driver so that offence under Section 86 (3), read with Section 112 of the Motor Vehicles Act was committed. A preliminary objection was raised by the, accused that the complaint was not competent inasmuch as P. K. Dave had no authority to file the complaint. This objection found favour with the trial Magistrate and he held that -'When the R.T.I. (Enforcement) had no authority to file a complaint or challan, what he did would be illegal and deserves no further notice. Thus, this Court is unable to take any further action on the challan under reference. It is without...
Mardansingh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-18-1962
Reported in: AIR1963MP97; 1963CriLJ292
Sharma, J.1. The facts of the case have been set out id. great detail in the orders passed by the learned-Judges who heard these appeals,2. Sukhesingh, the deceased, lived at Durga-das-ki-Gadia -- a hamlet of village Kirrainch. He had on the 20th of October, 1958 gone to attend a feast at the place of P. W. 5 -- Chet-singh. He left for his house in the company of P. W. 1 -- Gayaramsingh and P. W. 2 -- Babu-singh from Kirrainch at about 10 A.M. White these three persons were passing through a 'khand' accused Mardansingh, Yudhisthirsingh, Shivnathsingh armed with 'farsas' and Buddhe-singh, armed with a stick, were seen lying in wait on the right-hand side. It is alleged that on the opposite side 5 other persons were standing, who on seeing Sukhesingh gave a signal to the present appellants about the approach of their enemy. On hearing this Yudhisthirsingh advanced and struck a blow with a 'farsa' on Sukhesingh's head, as a result of which he fell down. Thereafter blows were showered on t...
Sheokumar Shashtri Vs. Municipal Committee
Court: Madhya Pradesh
Decided on: Aug-17-1962
Reported in: AIR1964MP195
Dixit, C.J. 1. By this application under Article 226 of the Constitution of India, the petitioner, who was the elected Vice-President of the Rajnandgaon Municipal Committee, seeks a writ of certiorari for quashing a motion of no-confidence passed against him at a meeting of the Committee held on 21st March 1962. 2. The material facts are that on 25th November1961 Gyanchand Jain, a member of the Committee, gave to the petitioner a notice under Section 18-A(1) of the Central Provinces and Berar Municipalities Act, 1922, saying that he would move a motion of no-confidence against him on the expiry of the prescribed period of ten days from the date of the receipt of notice by the petitioner. The notice also asked the petitioner, who was then officiating as President of the Municipal Committee, to convene a meeting of the Committee for the purpose. A meeting was accordingly convened on 17th January 1962. As, however, there was no quorum for the meeting, the motion of no-confidence could not...
Nanda Dayaram Jat Vs. Raja Ram Ramaji Jat
Court: Madhya Pradesh
Decided on: Aug-17-1962
Reported in: AIR1964MP261
ORDERS.B. Sen, J.1. This revision has been filed by the plaintiff who had sued the defendant in Civil Suit No. 451 of 1960. The defendant was served for appearance on 14-1-1961. That date was declared a holiday. The next date of hearing was 20-2-1961. The court on that day thought that the previous service would not be sufficient and therefore issued a summons which was affixed on the residence of the defendant. In spite of this the defendant did not appear and the Court holding the substituted service to be good passed an ex parte decree against the defendant. After obtaining the decree, the decree-holder started execution proceedings and Nazir went to the residence of the defendant for attachment. Thfs happened on. 12-8-1961. The defendant thereupon made an application on 23-8-1961 for setting aside the ex parte decree.2. The small cause court found that the defendant was not duly served and that he came to know of the decree only when Nazir went there for attachment on 12-8-1961. Th...
Khushalchand Janki Prasad Vs. Shankar Pandey Gaya Prasad
Court: Madhya Pradesh
Decided on: Aug-10-1962
Reported in: AIR1963MP126; 1963CriLJ444
ORDER1. This is a petition under Section 417(3) of the Code of Criminal Procedure. The respondents were convicted under Section 6 of the Child Marriage Act and sentenced to simple imprisonment for seven days and fine of Rs. 100/- each. On appeal the Additional Sessions Judge, Mandia, acquitted the accused.2. The only ground of acquittal is that the complainant could hot prove the fact of the marriage havingbeen celebrated within the meaning of the Hindu Law. Relying on the observations in Ganpatrao Devaji v. Emperor, AIR 1932 Nag 174, he has held that unless Kanya-dan, Vivah Hom and Saptapadi are proved it is not a marriage in the eye of law. In the course of the discussion he has pointed out that Khushalchand (P. W. 1) and Ramlal (P. W. 3) merely stated about 'Phera' ceremony, but not about Kanyadan and Viwah Hom.3. At this stage I have only to see whether the appellant's case is presentable and whether there is a possibility of the Court setting aside the order of acquittal on the gr...
Krishna Kumar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-10-1962
Reported in: 1963CriLJ686; 1962MPLJ325
Shiv Dayal, J.1. The appellant was tried by the 2nd Additional Sessions Judge, Raipur, for offence under Section 376 of the Penal Code. He was found guilty of that offence and sentenced to rigorous imprisonment for three years.2. The case for the prosecution was that Kachrabai (P.W. 1), who was residing with her father Shobha (P.W. 2) at Mahasamund, left her father's house on May 17, 1961, because she had been reprimanded by her grandmother Mst. Rambha (P.W. 17). She decided to go to her friend Mst. Savitribai who resided at Tumgaon. After she had walked on foot for about two miles, Ghasiram (P.W. 3) happened to pass that way in his bullock-cart. He gave her a lift but, instead of going to Tumgaon, Ghasiram took her to his own village, Aiang, which is in a different direction. As it had become dark, she spent the night as Ghasiram's guest. The next day (that is, on 18th May), Dayalal (P.W. 4) persuaded her to go back to her father's house and purchased a railway ticket for her (from Ar...
The Kalyanmal Mills Ltd. Vs. Volimohammed and anr.
Court: Madhya Pradesh
Decided on: Aug-07-1962
Reported in: AIR1965MP72
ORDERP.K. Tare, J. 1. This revision under Section 115 of the Civil Procedure Code is by the defendant against the order, dated, 29-8-1961, passed by Shri S. N. Chaturvedi, Additional District Judge, Indore, in Civil Suit No. 61 of 1955, holding that the present respondent, Miss Hamida was a legal representative of the original plaintiff, Wali Mohammad for the purposes of continuing the suit under Order 22, Rule 5 of the Civil Procedure Code. Wali Mohammad filed the present suit on 30-9-1955, wherein he claimed an amount of Rs. 29,651/-from the Mills, as also fixation of the bonus amount to him. 2. At this stage, we are not concerned with the merits of the defence raised by the petitioner. Wali Mohammad died on 18-9-1959 and an application for substitution was made by the present respondent Miss Hamida on 17-10-1959. That was well within time. 3. The defendant Mills contested the application on the ground that the claimant was not the real daughter of the deceased. Wall Mohammad. The qu...
Gutte S/O Raghuvar Vs. Punnoo S/O Khachara Kachhi
Court: Madhya Pradesh
Decided on: Aug-03-1962
Reported in: AIR1963MP96
A.H. Khan, J.1. Plaintiff Punnoo filed a suit against Gutte, nephew of deceased Mangli for a declaration that he is the owner of disputed land and that Mangli, uncle of the defendant, was an influential person and so he got his name wrongly entered in revenue papers. The plaintiff also prayed for pssession. The trial Court decreed the suit and this decision was upheld in appeal.2. The main defence was that although the fields were originally bought by the plaintiff Punnoo, yet at the time of purchase some fields were in the possession of Mangli, uncle of the defendant. The dispute about these fields was referred to a Panchayat by the parties. The Panchas gave an award which is Ex. D. 3, according to which the disputed fields having been already in possession of Mangli, were allowed to remain in his possession on payment of Rs. 180/-to Punnoo. This award was signed by the Panchas as well as the plaintiff and Mangli. Thereafter Mangli continued to be in possession of them and this suit h...
The Gwalior and Malwa Industries and Electric Supply Ltd. Vs. Madhya P ...
Court: Madhya Pradesh
Decided on: Aug-02-1962
Reported in: AIR1963MP1
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 a notice dated the 16th December 1961 given under Section 6 of the Indian Electricity Act, 1910, (hereinafter referred to as the Act), by the Madhya Pradesh Electricity Board, Jabalpur, to the petitioner Company requiring the Company to sell its electrical undertaking at Neemuch including the distribution lines, transmission lines and all other equipment but excluding the generating plant, to the Board by 1st January 1963 at a price to be determined in accordance with Sub-section (4) of Section 7A of the Act, and to deliver possession of the undertaking etc., to the Board on 1st January 1963.2. The petitioner is a limited liability company holding a licence for the supply of electri-city at Neemuch. The licence was granted on 8th October 1948 under the Gwalior Electricity Act, Sam vat-1995. On 2nd May 1961, the Company filed in this Court an applicatio...
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