Madhya Pradesh Court April 1971 Judgments
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Firm Kaluram Ram Narayan, Bilaspur Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Apr-22-1971
Reported in: AIR1973MP145; 1972MPLJ768
ORDERBishambhar Dayal, C.J.1. This is a revision against the judgment of the Court of Small Causes dismissing the plaintiff's suit against the Union of India representing the general Manager, South Eastern Railway. The facts are not in dispute. The plaintiff consigned certain goods on 15th July, 1968 from a station on the Western Railway. The goods were to pass through the Central Railway and were to be delivered at a station on the South Eastern Railway. When the goods reached the destination station on 25th July, 1968 they were delivered the same day. But 63 bags were found damaged and one bag was found torn and short in weight. The plaintiff has claimed a loss of Rs. 642.10 against the railway of the destination station. The Court below has found that the loss was due to negligence of Railway servants by supply of a leaking wagon and the suit would have been decreed but for the fact that the Court below was of opinion that the suit could not be decreed against the South Eastern Rail...
Union of India (Uoi) Vs. Shankerlal
Court: Madhya Pradesh
Decided on: Apr-22-1971
Reported in: AIR1972MP201; 1972MPLJ843
ORDERShiv Dayal, J. 1. This revision under Section 25 of the Small Cause Courts Act is from a decree for Rs. 117/- passed by the 1st Civil Judge, Class II, Seoni.2. On November 2, 1967, two baskets containing 30 Kgs. of betel leaves were consigned from Golanthara railway station (South Eastern Railway) to Seoni (South Eastern Railway). Actually they reached Seoni on November 6, 1967, The plaintiff's case is that there was abnormal delay owing to which the betel leaves became rotten. The plaintiff claimed Rs. 117/- as damages.3. The learned trial Judge held that the betel leaves which were booked were in good condition and the defence to the contrary could not be accepted. On the evidence of Shankarlal (P. W. 1), the plaintiff himself, a decree for Rupees 117/- was passed.4. In this revision it is contended for the defendant that the plaintiff did not prove any misconduct or negligence on the part of the railway administration without which a decree in favour of the plaintiff could not ...
Choudhri Gulabchand JaIn S/O Dayachand Bajaj Vs. Bhama S/O Balla Nayak
Court: Madhya Pradesh
Decided on: Apr-20-1971
Reported in: AIR1972MP54
Raina, J.1. This reference arises out of a revision petition filed by the plaintiff Choudhary Gulabchand Jain. He filed a suit against the defendant Bhama for the recovery of a sum of Rs. 8,187/- on the basis of an entry signed by the defendant in the account books of the plaintiff. The entry reads as follows:--8187 fglkc dj ckdh ysuk jgk eh vlkM++onh 3 la- 2O2O rk- 10&6&63 :i;k ,D;klh lkS lkklh 8187 :i;k ckdh ysukA n% ekekuk;dThe trial Court held that it was a bond within the meaning of the Stamp Act and directed the plaintiff to pay the duty and penalty which is to be charged for the bond. Aggrieved by this order the plaintiff filed the revision petition. Shivdayal. J., before whom the revision came up for hearing, referred the question whether the entry in the account books was a bond within the meaning of Section 2(5) of the Stamp Act (hereinafter referred to as the Act) in the following terms:--'Although it can be said with regard to the expression 'Baqi Dena' that it amounts to a...
Brij Mohandas Gokulchand Vs. Narsinghdas Manoharilal and ors.
Court: Madhya Pradesh
Decided on: Apr-17-1971
Reported in: AIR1971MP243
Bhave, J. 1. This is plaintiff's appeal. 2. The plaintiff's case was that he had deposited Rs. 10,500/- with Manoharilal, the original defendant, on condition that the defendant shall pay out of the said amount any sum required by the plaintiff from time to time and on the amount lying in deposit with the defendant the plaintiff shall get interest. On 2-10-1951 the defendant had sent a note of account under his own signature to the plaintiff in which it was admitted that Rs. 8,449/- were in deposit with him as also the interest due on the said sum. On 12-7-1953 the plaintiff sent a Hundi for Rs. 10000/- for being honoured by the defendant, but he failed to do so. This made the plaintiff suspicious about the intentions of the defendant. He, therefore, sent a notice dated 29-9-1954 demanding the return of the amount together with interest. In reply to that notice the defendant admitted the deposit but put forth certain objections for not satisfying the demand. The plaintiff, therefore, f...
Madanlal Kanhaiyalal Vs. Jai Narayan Gendalal Jatav
Court: Madhya Pradesh
Decided on: Apr-14-1971
Reported in: AIR1972MP9; 1971MPLJ916
Shiv Dayal, J.1. The following questions have been referred by a learned single Judge for decision by a Division Bench:--'(1) Whether it is open to the Court to proceed under Order 17, Rule 3, C. P. C., in the absence of a party?(2) Where the Court proceeds under Order 17, Rule 3 in the absence of a party and the conditions laid down in the said Rule are fulfilled, whether the order can still be construed as one under Order 17, Rule 2, merely on the ground that it was not expedient for the Court to do so?'2. The revision-petitioner filed in the Court of Small Causes a suit against the respondent for recovery of money. On October 7, 1967, which was the date for disposal of the suit, the defendant filed his written statement denying the claim. However, at the request of the plaintiff the hearing was adjourned to November 8, 1967, for evidence, subject to payment of Rs. 4/-as costs. On the last mentioned date, when the case was called on for hearing in the early hours, the plaintiff did n...
Firm Poonamchand Shankarlal and Co., Bombay Vs. Firm Deepchand Sireyma ...
Court: Madhya Pradesh
Decided on: Apr-14-1971
Reported in: AIR1972MP40
Shiv Dayal, J.1. This appeal is from the dismissal of the appellants suit for recovery of 115 bales of cotton, or, alternatively, Rs. 39,143 and paise 25 with interest at the rate of paise 50 per cent, per month against the 5 defendants.2. The plaintiff firm Poonamchand Sakarlal and Co., is a registered partnership firm carrying on business in cotton seeds, etc., at Bombay, Ladabhai (defendant No. 1) and his son Dhanji (defendant No. 2) are carrying on business as Adhatiya (commission agent) in the name and style 'Dhanji Ladhabhai at Ujjain. Dhanji was the Karta of the joint Hindu family firm Dhanji Ladhabhai. The plaintiff firm used to purchase and sell cotton and cotton seeds through Dhanji Ladhabhai after getting it ginned and baled at Ujjain. The plaintiff's case was that on being informed by defendant No. 2, Dhanji, that he had 279 bags of loose cotton in stock in balance of account and no purchaser was available at Ujjain, (Dhanji's letters dated March 3, and March 23, 1952), the...
Dilli Mukundsingh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-07-1971
Reported in: 1971CriLJ1632; 1971MPLJ667
S.P. Bhargava, J.1. This judgment shall govern the disposal of Criminal Appeal No. 686 of 1968 (State v. Mukund Singh) also.2. This appeal has been filed by the accused Dilli, son of Mukund Singh, who has been convicted by the First Additional Sessions Judge, Jabalpur, for committing the murder of one Halkai on 2-1-1968 in a field in village Gokala, Police Station Belkheda, by inflicting injuries with a tabbal on his neck which resulted in his instantaneous death. He -has been sentenced to suffer imprisonment for life for the said offence. Feeling aggrieved, he has filed this appeal.3. In the same trial, along with the accused Dilli, three other persons, Mukundsingh (father of Dilli), Puran (a brother of Dilli) and Jabba were also tried for the offence Under Section 302 read with Section 34, Indian Penal Code and Under Section 201, Indian Penal Code. These accused were acquitted of the charges for which they were tried. The State has filed an appeal against their acquittal. This appeal...
Raghubar Singh Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Apr-05-1971
Reported in: AIR1971MP209; 1971MPLJ594
P.K. Tare, J. 1. The Division Bench has referred this case to a Full Bench for decision of the Writ Petition without framing any specific question for the opinion of the Full Bench. Therefore, we propose to decide the entire matter by resolving the conflict of views as indicated in the order of reference.2. The facts loading to the present reference are as follows: In this petition under Articles 226 and 227 of the Constitution of India, the petitioner seeks a Writ of Certiorari in respect of the orders of the Revenue Courts (Exs. P/l to P/4) holding that the tanks recorded as Khasra Nos. 461 and 542 in village Gorra had vested in the State by virtue of Section 251 of the M. P. Land Revenue Code, 1950.3. Prior to the merger of the Chhattisgarh States into the old Central Provinces, the petitioner was a Gaonthia and a protected Thekedar of village Gorra and his rights were governed by the Raigarh State Wajib-ul-arz. Subsequent to the merger of the Raigarh State into the old Central Prov...
Jiwanmal Sons Private Ltd. Vs. Deputy Commissioner of Sales Tax and an ...
Court: Madhya Pradesh
Decided on: Apr-02-1971
Reported in: 1971MPLJ684; [1971]28STC247(MP)
ORDERBishambhar Dayal, C.J. 1. The order passed in this writ petition (Miscellaneous Petition No. 388 of 1970) shall also govern the disposal of the connected three writ petitions, namely, Miscellaneous Petitions Nos. 387 of 1970, 73 of 1970 and 74 of 1970, filed by the same company, M/s. Jiwanrnal Sons Private Limited, against the imposition of penalty under Section 17(3) of the Madhya Pradesh General Sales Tax Act. These four writ petitions relate to four different periods. Miscellaneous Petition No. 388 of 1970 relates to the year 1962-63, No. 387 of 1970 relates to the year 1963-64, No. 73 of 1970 relates to the year 1964-65 and No. 74 of 1970 relates to the year 1965-66. Since the material facts which have given rise to the common point in these writ petitions are the same, we are disposing of all the four petitions by one common order, giving the facts of the first case (M.P. No. 388 of 1970) which relates to the year 1962-63. The facts of the remaining three cases are materially...
Shantaram Laxmanrao Kekre Vs. Shyam Sundar and anr.
Court: Madhya Pradesh
Decided on: Apr-01-1971
Reported in: AIR1972MP17; 1971MPLJ727
Sen, J. 1. This is an appeal under Clause 10 of the Letters Patent by the tenant against a judgment of Golwalkar, J. holding that there can be no splitting of tenancy under Section 12 (1) (e) of the Madhya Pradesh Accommodation Control Act, 1961.2. The facts leading to the appeal are not in dispute and may be shortly stated. The respondents plaintiffs. Shyamsundar and Ved Bhushan, are father and son. They held the property as members of a ioint Hindu family, the demised premises of which forms a part comprising of four rooms on the ground-floor, demarcated in red lines in the plaint map. The same was demised to the appellant-defendant, Shantaram, by the plaintiff No. 1, Shyamsundar, acting as the lessor. During the subsistence of the lease, there was a partition between Shyamsundar and Ved Bhushan. As a result of the partition, two of the rooms in occupation of the defendant-tenant, marked in green lines, have fallen to the share of Shyamsundar, while the other two rooms have been allo...
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