Madhya Pradesh Court November 1964 Judgments
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Amarsingh Rajendra Singh Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Nov-28-1964
Reported in: AIR1965MP126; 1965MPLJ318
Sharma, J.1. By this petition under Section 491 (a) (b) of the Code of Criminal Procedure the petitioner challenges the legality of his brother Santokhsingh's detention under an order passed by the District Magistrate, Raipur, in exercise of the powers conferred upon him by Clause (b) of Sub-rule (1) of Rule 30 of the Defence of India Rules, 1962 read with the Government of Madhya Pradesh Home Department Order No. 33-4314/I-X(W)62, dated the 20th November, 1962.2. Although a number of grounds have been set out in the petition, the only ground which was pressed before us at the time of the hearing, was that the District Magistrate had not, at any time after the amendment of Rule 30 of the Defence of India Rules under Notification No. G. S. Rule 1818, dated 28-l2-1962, been authorised to exercise on behalf of the State Government the power to detain any person with a view to prevent him from acting in any manner prejudicial to the maintenance of supplies essential to the life of the comm...
Promod Kumar Anand Vs. Daisy Bai and anr.
Court: Madhya Pradesh
Decided on: Nov-27-1964
Reported in: AIR1965MP151; 1965MPLJ254
Shiv Dayal, J.1. This is an appeal under Section 55 of the Indian Divorce Act from a petition under Sections 10 and 34 of that Act, made by Promod Kumar Anand (appellant). The petition was dismissed by the District Judge, Raipur.2. The parties are Christians. The petitioner stated that he was married to Daisy Bai on 11 June, 1945. After the marriage, they were together for about three months. Then the wife went to her village Jora, but thereafter did not return to the petitioner and deserted him without any just or reasonable cause. Later on, it was revealed that Daisy Bai had been living in adultery with Prema Pawar (respondent 2) and was pregnant. At the time of the petition she was living openly with him as his mistress. Both the respondents denied the allegations relating to adultery and pre-conception of a child. She stated that she gave birth to a child who was conceived from her husband, Promod Kumar, after the marriage. After filing the written statement, they did not take part...
Mukundlal Agarwal Vs. Shankerlal Vishwanath Prasad
Court: Madhya Pradesh
Decided on: Nov-24-1964
Reported in: AIR1965MP185; 1965MPLJ211
Dixit, C.J. 1. This appeal has come up before us on a reference made by one of us, and arises out of proceedings initiated by the appellant Mukundlal under Section 10 of the Madhya Pradesh Accommodation Control Act, 1961, (hereinafter called the Act), for fixation of 'standard rent' of certain shop premises situated in Sarafa Ward, Jabalpur, in the occupation of the respondent Shankarlal as Mukundlal's tenant.2. The Rent Controlling Authority found that the landlord had not kept the accommodation in good and 'tenantable repairs'; that the rent as shown in the municipal assessment register for the year 1947-48 was Rs. 90/- per month; and that on 7th December 1948 fair rent had been fixed at Rupees 70/- per month in respect of the accommodation by the competent authority under the C. P. and Berar Regulation of Letting of Accommodation Act, 1946, which was then in force in Jabalpur. The authority took the view that in fixing 'standard rent', the provisions of Section 7 of the Act had to b...
BhairodIn Girdharilal and anr. Vs. Phulchand Ratanchand and anr.
Court: Madhya Pradesh
Decided on: Nov-17-1964
Reported in: AIR1967MP48
T.P.Naik, J. 1. This is a second appeal arising out of a suit for damages for assault and battery filed by the plaintiff respondent 1 in the Court of Civil Judge, Class I, Durg. He claimed Rs. 8,000-Rs. 3,000 as general damages and Rs. 5,000-as special damages under the heads: general bodily pain Rs. 1,000, fractures of the right hand finger and left hand finger Rs. 2,000, medical treatment Rs. 5,000 and vindictive damages Rs. 1,500. The trial Court decreed the suit awarding Rs. 5,100 as damages Rs. 3,000 general damages and Rs. 2,100 special damages: Rs. 1,000 for the fractures of the right hand finger and the left hand finger, Rs. 100 for medical treatment and Rs. 1,000 vindictive damages. On appeal, the judgment and decree of the trial Court were affirmed.2. In this second appeal, the learned counsel for the appellants contends that Rs. 3,000 having been decreed towards general damages, there could be no decree for damages under the heads: fractures of the right hand finger and the ...
Moolchand and ors. Vs. Kashiprasad Shukla
Court: Madhya Pradesh
Decided on: Nov-17-1964
Reported in: AIR1965MP118; 1965MPLJ294
Shiv Dayal, J.1. This appeal arises from an application for setting aside an award. The 2nd Additional District Judge, Jabalpur, allowed the objections and set aside the award. The appellants are aggrieved by that decision. 2. The parties constituted a partnership firm for supply of material to the Army. The firm existed from March, 1943 to June 1945. Certain disputes arose between the parties. On 14 April, 1047, the parties entered into an agreement to refer their disputes to arbitration. Shri S. C. Upadhaya and Shri N. M. Golvalkar, Advocates were appointed arbitrators by the parties. On the same date, the parties made an application under Section 20 of the Arbitration Act in the Court of the Additional District Judge, Jabalpur, for making a reference to the said arbitrators for decision on the disputes referred to in the agreement. A reference was accordingly made. 3. The arbitrators gave their award on 31st August, 1956. In the result they held that Kashi-prasad (respondent) was li...
Madanlal Vs. Sub-divisional Magistrate (City) and anr.
Court: Madhya Pradesh
Decided on: Nov-16-1964
Reported in: AIR1965MP128; 1965MPLJ227
Dixit, C.J.1. The petitioner in this case, who is the Manager of 'Nav Bharat', a Hindi daily newspaper published from Jabalpur, seeks a writ of certiorari for quashing an order, dated 2nd March, 1964, of the Sub-Divisional Magistrate (City), Jabalpur, rejecting his application under Section 8B of the Press and Registration of Books Act, 1867, (hereinafter referred to as the Act), for cancellation of a declaration under the Act made by the respondent No. 2, Munder Sharma, in respect of 'Nai Duniya' daily, also a newspaper published from Jabalpur. The petitioner also prays that the Sub-Divisional Magistrate (City), Jabalpur, be commanded by a direction to cancel the declaration under the Act made by the non-applicant No. 2.2. Section 5 of the Act prohibits the publication of any newspaper except in conformity with the rules laid down therein. One of the rules requires that the printer and publisher of every newspaper shall appear in person or by agent duly authorised before a Magistrate ...
Premchand Sugnichand and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Nov-16-1964
Reported in: AIR1965MP191
Pandey, J.1. This is a petition under Article 226 of the Constitution to call up and quash by certiorari the following:(i) An order dated 4th January, 1962, communicated by the Collector of Raipur whereby the State Government decided to grant to Chokhamal (respondent 3) a lease for quarrying earth and sand from Kh. Nos. 6/4, 9/1, 9/2, 11 and 376/2 of village Sarona [originally kh. No. 6/1 was, by mistake, mentioned for kh. No. 9/1, but it was subsequently corrected]. (ii) An order dated 11th January, 1963 by which the State Government declined to review its earlier order. 2. The facts giving rise to this petition may be shortly stated. Chokhamal (respondent 3) applied for the grant of lease of the five plots mentioned in the opening paragraph for extracting therefrom earth and sand. Out of these plots, he had purchased, by a sale-deed dated 8th June, 1961, kh. Nos. 9/2, 11 and 376/2. The remaining two plots, kh. Nos. 6/4 and 9/1, were owned by Ishwarlal and Govindram. In due course, th...
Mohd. Ismail Noor Mohammad Vs. Fehmada Nahid and ors.
Court: Madhya Pradesh
Decided on: Nov-13-1964
Reported in: 1966CriLJ1094
ORDERP.K. Tare, J.1. This revision under Section 439 of the Criminal P.C. is against the order, dated, 24.9.1984, passed by Shri S.R. Ghanekar, Additional Sessions Judge, Shajapur, in criminal revision No. 45 of 1964, upholding the order, dated 4.6.1964, passed by Shri N.L. Shrivastava, Additional District Magistrate, Shajapur in Misc. Criminal Cases Nos. 13, 14 and 15 of 1954 directing a seized bus to be returned to the permit holders, that is, Mst. Khatoonbi and her daughters, Fehmada Nahid, Firoza Khatoon and Gariba Sultana under Section 523, Criminal P.C.2. A permit for running a bus stands in the name of respondents 1 to 3 and 6. As the sixth respondent is a pardanashin woman and the other permit holders are all her daughters either major or minor, there was an arrangement between the sixth respondent purporting to act for herself and her minor daughters on the one hand and the present petitioner on the other hand about running of the bus service From the documents on record, it i...
Vino Chemical and Pharmaceutical Works Vs. the Sales Tax Officer and a ...
Court: Madhya Pradesh
Decided on: Nov-11-1964
Reported in: AIR1965MP115; [1966]18STC466(MP)
Dixit, C.J.1. This order will also govern the disposal of Misc. Petitions Nos. 177 and 178, both of 1964. 2. These are three applications under Articles 226 and 227 of the Constitution for the issue of writs of certiorari for quashing three separate orders of the Sales Tax Officer, Raipur, assessing the petitioner to sales tax on its turnover of the sale of medicinal preparations during the year from 1st January 1958 to 31st December 1958, and the two subsequent years. 3. In the course of assessment proceedings for the aforesaid three years, the petitioner claimed that its turnover of medicinal preparations upto 31st March 1959 was exempt from tax under Section 6 read with Entry 32 of Schedule II of the Central Provinces and Berar Sales Tax Act, 1947, and that its turnover during the period from 1st April, 1959 to 31st December, 1960 was likewise exempt from tax under Section 10(1), read with Entry 28 of Schedule I of the Madhya Pradesh General Sales Tax Act, 1958, inasmuch as it had p...
Biharilal Chaurasia Vs. Regional Transport Authority and anr.
Court: Madhya Pradesh
Decided on: Nov-11-1964
Reported in: AIR1965MP132
Dixit, C.J.1. By this application under Articles 226 and 227 of the Constitution, the petitioner Biharilal Chaurasia seeks a writ of certiorari for quashing an order made by the Regional Transport Authority, Rewa, on 17th March 1964 granting an application of the respondent No. 2, M/s. The Bundelkhand Motor Transport Co. (hereinafter called the Company), for counter-signature of a permit held by the Company in respect of the inter-regional route, Jabalpur-Chhattarpur, on its renewal by the Regional Transport Authority, Jabalpur. 2. The material facts are that the petitioner holds a permit for Chhatarpur Damoh route, which is a portion of the Jabalpur-Chhatarpur route. In 1957 a permit for Jabalpur-Chhatarpur route was granted by the Regional Transport Authority, Jabalpur, to the Company. It was renewed and countersigned by the Regional Transport Authority of Jabalpur and Rewa in 1960. The validity of the renewed permit and the counter-signature was upto 9th August 1968. On 7th June 196...
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