Madhya Pradesh Court October 1974 Judgments
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Administrator, Municipal Corporation Vs. Rafique Ahmad and anr.
Court: Madhya Pradesh
Decided on: Oct-17-1974
Reported in: 1975CriLJ1637
ORDERS.M.N. Raina, J.1. This is a revision petition under Section 439 of the Code of Criminal Procedure against the order dated 28-1-1973 passed by Magistrate First Class, Bhopal in a Misc. Criminal Case.2. The non-applicant Rafique Ahmad is an employee of the Municipal Corporation, Bhopal (hereinafter referred to as 'the Corporation'). On a report made by the Corporation against the non-applicant Rafique Ahmad, the police has registered an offence under Section 409 of the Indian Penal Code for committing criminal breach of trust in respect of the funds of the Corporation. The non-applicant was arrested on 18-11-1972 and the investigation is still proceeding. No challan has, however, been filed so far by the police against the non-applicant.3. On 23-10-1972, the non-applicant was suspended by the Corporation and departmental enquiry was commenced against him. He has been served with a charge-sheet and has been called upon to explain the charges against him. On 11-1-1973 the non-applica...
Smt. ChamarIn Vs. Mst. BudhiyarIn and anr.
Court: Madhya Pradesh
Decided on: Oct-14-1974
Reported in: AIR1975MP74
Raina, J.1. The following questions have been referred to this Bench by the learned single Judge for decision:(i) Whether rejection of a plaint on grounds other than those specified in Order 7, Rule 11 of the Code of Civil Procedure amounts to a decree?(ii) Whether the dismissal of a suit for non-compliance with the provisions of Order 6, Rule 5 of the Code of Civil Procedure amounts to a decree and is as such appealable?2. The aforesaid questions arose before one of us (Raina, J.) in civil revision No. 825 of 1971 -- Mst. Chamarin v. Sukhram-- in the following circumstances. The petitioner had filed a suit against the non-applicant for a declaration that she was entitled to half share in 4.37 acres of land and for joint possession of her share. On an application filed by the defendants under Order 6, Rule 5 of the Code of Civil Procedure (hereinafter referred to as 'the Code') for better particulars an order was passed by the trial Judge on 3-7-1971 directing the petitioner to furnish...
The State of Madhya Pradesh Vs. Ramesh Nai and anr.
Court: Madhya Pradesh
Decided on: Oct-14-1974
Reported in: 1975CriLJ713
P.K. Tare, C.J.1. This order shall govern the disposal of both the cases mentioned above. These are references under Section 438 of the Code of Criminal Procedure. 1898, made bv the Fourth Additional Sessions Judge, Jabalpur, and the Fifth Additional Sessions Judge. Jabalpur. respectively recommendinp that the committal orders, dated 30-3-1973 and 21-4-1973, passed bv the Juvenile Court. Jabalpur, in Criminal Case No. 120 of 1972 and Criminal Case No. 54 of 1973, respectively, committing the respective accused to stand his trial in the Sessions Court for an alleged offence under Section 376, I. P. C, be quashed on the ground that in view of the provisions of the Madhya Pradesh Bal Adhiniyam. 1970. a Juvenile Court alone has the jurisdiction to hold an inquiry and consequently, the Sessions Court has no jurisdiction to proceed with the trial of the respective accused.2. In the present case, the two accused, Ramesh and Shivram alias Munna, who are boys aged about 14 and 11 vears respecti...
Kasinathan and anr. Vs. Ramasami Pillai and ors.
Court: Madhya Pradesh
Decided on: Oct-08-1974
Reported in: 1975CriLJ1534
ORDERK.N. Mudaliyar, J.1. The two petitioners contest the correctness of the order of the District Magistrate, Kumbakonam dated 5-7-1973 restoring possession of the house mentioned in the complaint to P. W. 1. A few dates are pertinent for appreciating the facts. P. W. 1, on 4-9-1972, filed a complaint which ended in the conviction of one of the petitioners and two others. The convictions of two accused including one of the petitioners was confirmed on 21-12-1972 by the appellate court. P. W. 1 filed an application under Section 522(1) of the Code of Criminal Procedure before the Court of the Sub-Magistrate for restoration of possession of the house. Nothing ensued. P. W. 1 again moved the court of the District Magistrate (J), Kumbakonam for an order, presumably under Section 522 (1) of the Code of Criminal Procedure. Ultimately, the District Magistrate passed an order on 5-7-1973 restoring possession of the house to P. W. 1. This present petition is directed against that order.2. Sect...
Ramgulam Shri Baijnath Prasad Vs. the Collector, District Guna and ors ...
Court: Madhya Pradesh
Decided on: Oct-04-1974
Reported in: AIR1975MP145
Oza, J.1. This petition under Article 226 of the Constitution has been filed by the petitioner against an order passed by the Naib Tahsildar dated 16-9-70, who corrected the electoral roll for ward No. 2, Chanderi Municipal Council, and allowed the inclusion of the name of respondent No. 3. The petitioner has also challenged the election of respondent No. 3 from ward No. 2 of the Chanderi Municipality as according to the petitioner the inclusion of the name of respondent No. 3 in the voters' list was beyond the powers of the Naib Taihsildar and, therefore, respondent No. 3 was not a voter in thevoters' list of Chanderi Municipality for the election held on 26-10-70. Consequently, he could not stand as a candidate for the election held on 26-10-70.2. According to the petitioner, Collector Guna under Rule 8 of the M. P. Municipalities (Preparation, Revision and Publication of Electoral Rolls, Election and Selection of Councillors) Rules, 1962, issued a notice to the effect that the elect...
Ashok Vs. Narasingh Rao and ors.
Court: Madhya Pradesh
Decided on: Oct-03-1974
Reported in: AIR1975MP39
ORDERShiv Dayal, J.1. The plaintiff is aggrieved by an order of the trial Court whereby it has been held that the plaintiff must pay proper ad valorem court-fees.2. Earlier a suit for ejectment and arrears of rent was instituted by Nara-singhrao (now defendant No. 1) against the plaintiff and defendants Nos. 2 to 8. That was Civil Suit No. 150-A/1968 in the Court of Civil Judge Class II, Gwa-lior. In that suit, the plaintiff was described as a minor and Kishan defendant No. 3 was appointed as guardian ad litem. Eventually, in that suit a compromise decree was passed. That decree is being challenged in the present suit on the ground that the plaintiff (there defendant) had attained the age of majority and further it was misrepresented in the compromise that he was under the guardianship of his mother Smt. Ramabai (defendant No. 5). It is alleged in the plaint that fraud was practised upon the court by his mother, defendant No. 5, who arrogated to herself the position of a guardian. The ...
Sureshkumar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-03-1974
Reported in: AIR1975MP30; 1974MPLJ903
ORDERShivdayal, J. 1. This revision arises from a suit which was instituted in the Court of Civil Judge Class II, Gwalior, the limit of whose pecuniary jurisdiction was Rs. 5,000/-.The trial Court passed a decree for declaration and injunction against the defendant. 2. On appeal, the learned Additional District Judge, Gwalior, found that the suit was undervalued; that on his own showing it ought to have been Rs. 10,000/-The appellate Court, therefore, set aside the judgment and decree of the trial Court and the suit was remanded to the Civil Judge Class I, Gwalior, with directions to frame all necessary issues and to try the suit afresh according to law, 3. The plaintiff has now come up in revision. The first contention is that by virtue of Section IX of the Suits Valuation Act, the decree of the trial Court could not be set aside. This contention cannot be accepted. It has been held in Kiransingh v. Chaman Paswan, AIR 1954 SC 340 that a defect of jurisdiction, whether it is pecuniary ...
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