Madhya Pradesh Court August 1962 Judgments
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Sardar Vijaysingh Rao Ghorpade Vs. Jeewan Lal Ram Das Jaiswal
Court: Madhya Pradesh
Decided on: Aug-02-1962
Reported in: AIR1963MP100
1. The facts out of which this second appeal arises in short are that Ramchandra Rao Shitole, as the next friend of Vijaysinghrao (minor) filed a suit in the Court of the Civil Judge, Gwalior alleging that the sale made by the father of the minor, of a part of a house in favour of Jeewanlal was without necessity, that the sale should be set aside and that the possession of the property in dispute be handed over to the guardian, Among other pleas raised by the defendant, one was that because the property in dispute had been sold by the natural guardian, only the minor on attaining majority could bring a suit for setting aside the sale, and that during the subsistence of the minority, the suit by the present guardian of the minor (who is, by the way, admittedly a guardian appointed by the court under Guardians and Wards Act) does not lie and the suit is therefore premature. The trial Court upheld this contention and, dismissed the suit as being premature. This decision was affirmed in ap...
Kalloo Vs. State
Court: Madhya Pradesh
Decided on: Aug-01-1962
Reported in: AIR1963MP124; 1963CriLJ442; 1962MPLJ1094
ORDERA.H. Khan, J.1. The facts giving rise to this revision in short are that on the death of one Sitaram, resident of village Jalalpur, the Patel of the village reported the matter to the Police, stating that Sitaram was possessed of both movable and immovable properties, and, that he had died without leaving an heir. The Police, acting under Section 25 of the Police Act (Act No. V of 1361), took charge of all the alleged property of the deceased as unclaimed property, and making an inventory of the property, put lip the case before the Additional District Magistrate, Morena. It was registered as Case No. 69 of 1957 (Lawaris).In the meanwhile one Kalloo, the present petitioner, objected to the taking of the property by the Police and stated that the property belonged to him. The learned Additional District Magistrate passed an order that the case be sent to the First Class Magistrate of Jora, where the property was situated, and, where Sitaram (deceased) died, but some how or other in...
Poona Vs. State
Court: Madhya Pradesh
Decided on: Aug-01-1962
Reported in: 1963CriLJ714
ORDERS.B. Sen, J.1. This is a revision against conviction of the applicant under S. 9(a) and (b) of the Opium Act.2. The applicant Poona was found to have been carrying on his cycle carrier a Tin box which was found to contain 14 seers of opium in one paper packet. On the cycle the name of one Ramgopal was engraved. The applicant ana Ramgopal Were prosecuted but Ramgopal has been acquitted, whereas the applicant convicted as stated above.3. The applicant first of all challenged the finding about possession, at least of conscious possession of the article. He suggested that while he was going he was asked to carry the article, the contents of which he did not Know. Such a story can hardly be believed. The packet contained 14 seers of contraband opium, and there is no evidence that somebody at some time asked the applicant to carry away this article. This story of the applicant has therefore been rightly rejected.4. The next point however is important, The contraband article has been hel...
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