Madhya Pradesh Court August 1969 Judgments
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Babulal Bhikaji Mandloi Vs. Dattatraya Narayan and ors.
Court: Madhya Pradesh
Decided on: Aug-28-1969
Reported in: AIR1972MP1; 1971MPLJ987
Bhargava, J.1. An election for Mandleshwar Municipality was held at Mandleshwar where the Court of the District Judge is situate for the Civil District of West Nimar, Mandleshwar is also within the Revenue District. Section 20 of the Madhya Pradesh Municipalities Act, 1961, provides for filing an election petition. The section reads as under:'20. Election petitions.-- (1) No election or selection under this Act shall be called into question except by a petition presented in accordance with the provisions of this section.(2) Such petition may be presented on one or more of the grounds specified in Section 22-- (a) .....(b)(i) .....(ii) ..... to the District Judge, where such election or selection is held within the revenue District in which the Court of the District judge is situate, and in any other case, to the Additional District Judge having the permanent seat of his Court within the revenue District in which such election or selection is held and if there be more than one such Addi...
Komalchand Beniprasad Vs. Pooranchand Moolchand
Court: Madhya Pradesh
Decided on: Aug-25-1969
Reported in: AIR1970MP199; 1969MPLJ937
Naik, J. 1. The facts giving rise to this civil revision may shortly be stated as follows;The non-applicant plaintiff Pooranchand filed a civil suit (civil suit No. 31-A of 1958) on 25-8-1958 in the Court of the III Additional District Judge Jabalpur, challenging the adoption of the applicant-defendant Komalchand as the son of one Halkoolal. The suit was dismissed for default of his appearance on 22-4-1959, presumably under Rule 8 of Order IX of the Code of Civil Procedure. On the same date an application for restoration of the suit was made by him under Rule 9 of Order 9 ibid, which was registered as Miscellaneous Judicial Case No. 3 of 1959. This application was also dismissed for default of the plaintiffs appearance on 3-9-1959.Against the aforesaid order, dated 3-9-1959, the plaintiff non-applicant on 30-11-1959 filed an appeal (Miscellaneous (First) Appeal No. 161 of 1959) in the High Court under Rule 1(c) of Order XLIII of the Code of Civil Procedure. This appeal was dismissed su...
Balkrishna Bihari Lal Vs. Board of Revenue, M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-11-1969
Reported in: AIR1970MP74; 1969MPLJ827
Shiv Dayal, J. 1. This is a reference under Section 57(l)(a) of the Stamp Act. The questions referred have arisen on the following facts. Balkrishna instituted a suit against Nimasingh in the Court of the Civil Judge, Class I, Khargone, for the recovery of Rs. 1057.50 on foot of four promissory notes executed by him on May 26, 1957, in favour of Balkrishna Biharilal, a joint family firm. By amendment of the plaint, the plaintiff averred that in 1959 there was a partition between him and his sons under which the amount to be recovered on those promissory notes was allotted to him in his share. An issue was framed on July 16, 1962, whether the plaintiff alone had the right to sue. Balkrishna (plaintiff) was examined on July 2, 1963. He produced his Rokad Bahi (cash book) for Samvat 2016 in which there is an entry dated November 5, 1959, purporting to effect a partition and showing the shares allotted to the coparceners. Balkrishna proved this document and it was marked Ex. P-5. 2. When H...
Shri Digambar JaIn and ors. Vs. Sub Registrar, Stamps, Indore
Court: Madhya Pradesh
Decided on: Aug-04-1969
Reported in: AIR1970MP23; 1969MPLJ747
A.P. Sen, J. 1. The Chief Controlling Revenue-authority, Madhya Pradesh (hereinafter referred to as 'the Revenue-authority') has stated this case under Section 55(1) of the Indore Stamp Act (No. II of 1907) (hereinafter referred to as 'the Act'), referring the following questions for the opinion of this Court:-- (1) Whether the trust-deed dated 11-9-57, as on record, is to be held to be a 'declaration of trust' of or concerning any property, or a 'conveyance' within the meaning of Section 2(9) of the Act; and (2) Whether the stamp duty leviable on the document will be governed by Article 47-A of Schedule I to the Act or by Article 17 of the Schedule. 2. The circumstances giving rise to this reference, briefly stated, are these. By a deed executed on 11th September 1957, seven persons, describing themselves as the Panchas managing the affairs of 'Shri Digambar Jain Tera Panthi Mandir of Indore' and its properties, transferred the management thereof to a committee of eleven trustees name...
Ramnarayan and ors. Vs. State of Madhya Pradesh, Bhopal
Court: Madhya Pradesh
Decided on: Aug-01-1969
Reported in: AIR1970MP102
Shiv Dayal, J.1. This is a petition under Article 226 of the Constitution and also under Section 12 (5) of the M. P. Public Security Act, 1959, (hereinafter called the Act).2. 'Swadesh' is a daily newspaper printed at and published from Indore. Shree Rewa Prakashan Ltd. (petitioner No. 3) is the owner, printer and publisher of the paper. Ramnarayan (petitioner No. 1) is the Chairman of the Board of Directors and Hiralal (Petitioner No. 2) is a member of the Board of Directors.3. Communal disturbances broke out in Indore in early June 1969.4. On July 9, 1969, in exercise of their power under Clause (i) of sub-section (1) of Section 12 of the Act, the State Government passed an order prohibiting the bringing into sale, distribution and circulation within the State of the said newspaper 'Swadesh' for a period of one month from the date of the order. The order is in these words:--'Whereas the daily newspaper 'Swadesh' Registered No. M. P. 182 published and printed by Bhalchandra Prahlad De...
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