Madhya Pradesh Court July 1969 Judgments
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State of Madhya Pradesh Vs. Chhotekhan Nannekhan
Court: Madhya Pradesh
Decided on: Jul-31-1969
Reported in: AIR1970MP29; 1970CriLJ238; 1969MPLJ732
Pandey, J.1. This case comes before us on a reference made by Golwalkar and Bhave, JJ., for examining the correctness of the view taken by Newasker and Sen, JJ. in State of Madhya Pradesh v. Shankerlal, Cri. Appeal No. 180 of 1966, D/- 25-8-1966 (MP), which was decided along with State of Madhya Pradesh v. Abbasbhai, 1967 MP LJ 872=(1967 Cri LJ 1723). The same question is raised in Ataul Haque v. State of Madhya Pradesh, (Cri. Revn. No. 431 of 1966 (MP)), and Kundanlal v. State of Madhya Pradesh, (Cri. Revn. No. 591 of 1966 (MP)), and, therefore, these two cases also are before us for the same purpose.2. In the first case, the respondent Chhotekhan was convicted under Section 7 read with Section 16(1)(a)(ii) of the Prevention of Food Adulteration Act, 1954, for selling adulterated milk and was sentenced to rigorous imprisonment for one year and a fine of Rs. 2,000/- or, in default, to like imprisonment for a further term of six months. In appeal, the Sessions Judge acquitted Chhotekhan...
Shrikrishna Agarwal Vs. State of Madhya Pradesh Through Secy. to Govt. ...
Court: Madhya Pradesh
Decided on: Jul-30-1969
Reported in: AIR1970MP162
Raina, J.1. This is a writ petition under Articles 226 and 227 of the Constitution of India.2. The petitioner Shri Krishna Agrawal, aged about 42 years, is a Government employee. He was appointed as Computer on 20-9-1950 in the office of the Director of Land Records in the former State of Madhya Pradesh and he worked as a Crop Supervisor till 25-2-1961. On 25-2-1961 he was promoted as Assistant Statistician by an order of the State Government (vide Annexure 'A' to the petition) in the vacancy of Shri C. B. Lall who was promoted as Statistician on a vacant post. He worked as an Assistant Statistician till 31-7-1964 i.e., for about 3 years and 4 months. The case of the petitioner along with others was referred to the Public Service Commission for concurrence. The Public Service Commission did not concur in the promotion of the' petitioner on the ground that his record of service did not justify promotion (vide P.S.C. Confidential Letter dated 10-3-1964, Annexure 'B' to the Return). The p...
State of Madhya Pradesh Vs. Hukumsingh Ramprasad and ors.
Court: Madhya Pradesh
Decided on: Jul-29-1969
Reported in: AIR1970MP26; 1970CriLJ235; 1969MPLJ728
Tare, J. 1. The following questions have been referred to this Full Bench by a Division Bench of this Court by order, dated 3-3-1966:-- (1) Does an order of acquittal under Section 345(6), Criminal Procedure Code, passed on an application for leave to compound an offence under Section 323, Penal Code of which the accused was convicted by the trial Court, bar a State appeal against his acquittal of the offence under Section 307 of the Penal Code, even when such order under Section 345(6), Criminal Procedure Code, was passed without notice to the State? (2) Does such an order of acquittal bar a State appeal from his acquittal under Sections 148 and 149, Penal Code? (3) Does such an order of acquittal bar a State appeal from an order of acquittal of a co-accused under Sections 307, 325,324, 148 and 149, Penal Code? If so, to what extent? 2. The said questions arose under the following circumstances: In Sessions Trial No. 90 of 1964 of the Court of Additional Sessions Judge, Vidisha, 10 ...
Mahajan Dwarka Prasad Vs. Sub-registrar, Narsinghpur
Court: Madhya Pradesh
Decided on: Jul-23-1969
Reported in: AIR1970MP33; 1969MPLJ808
Bishambhar Dayal, C.J.1. This is a reference under the Indian Stamp Act, 1899. The questions have been referred to this Court on account of a requisition made by this Court in Miscellaneous Petition No. 331 of 1964. The questions referred are:'(1) Whether the Batwaranama dated 3rd September 1959 is a document on which a stamp duty is leviable under the provisions of the Indian Stamp Act, 1899? (2) If so, whether the document is an instrument of partition within the meaning of Section 2(15) of the Act, or an instrument of non-testamentary settlement within the meaning of Section 2(24)(b) of the Act?' 2. The facts which have been stated in the reference giving rise to the dispute are that one Dwarka Prasad executed the document in question, by which he distributed the property between himself and his sons. The sons were minor and were represented by their mother as guardian. No share was given to the mother. In the document, Dwarka Prasad stated that he had the right to partition the pro...
Narayan Chandra Mukherji Vs. State of Madhya Pradesh, Bhopal and ors.
Court: Madhya Pradesh
Decided on: Jul-21-1969
Reported in: AIR1970MP132; 1969MPLJ751
Pandey, J. 1. This is a petition under Article 226 of the Constitution to call up and quash by certiorari three orders: (i) one dated 15 May 1963 by which the State Government provisionally absorbed the petitioner as from 1 November 1956, on a post borne on the cadre of Overseers Electrical/Mechanical for purposes of the Unification of Pay Scales and Fixation of Pay on Absorption Rules, 1959; (ii) another dated 1 April, 1964 by which the petitioner was intimated that the Central Government had rejected his representation dated 29 December, 1961 against the provisional combined gradation list and (iii) the third dated 4 June, 1965 by which the gradation list was made final as published in the M. P. Rajpatra Extraordinary dated 18 June, 1965. The petitioner has further claimed a writ of mandamus or any other suitable writ or order directing that the post formerly held by him in the erstwhile State of Bhopal be equated with posts higher than those held by Overseers and his pay scale be re...
Firm, Ratanchand Darbarilal, Satna and ors. Vs. Rajendra Kumar Khoobch ...
Court: Madhya Pradesh
Decided on: Jul-16-1969
Reported in: AIR1970MP1; 1969MPLJ672
Singh J. 1. The questions of law referred to the Full Bench are:'(1) Where the landlord's suit under Section 12 of the M. P. Accommodation Control Act, 1961, is dismissed and he prefers an appeal, is such appeal governed by Section 13 of the Act? (2) Where a decree for ejectment is passed against the tenant on any of the grounds referred to in Section 12 of the Act, and the tenant prefers an appeal from that decree, is such appeal governed by Section 13 of the Act?' 2. The Madhya Pradesh Accommodation Control Act, 1961, which repealed and replaced the Madhya Pradesh Accommodation Control Act, 1955, according to its long title is 'an Act to provide forthe regulation and control of letting and rent of accommodation and the eviction of the tenants therefrom,' Restriction on eviction of tenants is imposed by Section 12 which enacts that notwithstanding anything to the contrary contained in any other law or contract, no suit shall be filed in any Civil Court against a tenant for his evictio...
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