Madhya Pradesh Court December 1975 Judgments
Union of India (Uoi) and ors. Vs. Chouthmal
Court: Madhya Pradesh
Decided on: Dec-20-1975
Reported in: AIR1976MP199
A.P. Sen, J.1. This appeal, preferred by the Union of India and the Chief Administrator, Dandakaranya Project, is directed against the judgment of the First Addl. District Judge, Raipur, decreeing the plaintiff's suit for recovery of Rupees 42,500 as damages for breach of a contract.2. The facts shortly stated are as follows. In 1964, the Dandakaranya Project was in immediate need of about 5,000 wooden poles for laying electric Transmission lines to the Mana Camp. The plaintiff had evidently approached the Chief Administrator in that connection. On 14-4-1964, whale Shri F. A. Lahiri, Conservator of Forests, Dandakaranya Project, was camping at Raipur, the plaintiff made a written offer, Ex. D-3, to the Chief Administrator, Dandakaranya Project for supply of 2,000 sal Electric Transmission poles at the rate of Rs. 40 per pole F.O.R. Kurud.The Conservator of Forests after obtaining the approval of the Chief Administrator by his memo. No. CF-64/1284, dated 18-4-1964, Ex. P-1, placed an or...
Tag this Judgment!Shiv Dayal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-19-1975
Reported in: 1977CriLJ1548
ORDERC.P. Sen, J.1. The applicant has been convicted Under Section 16(1)(a)(i) of the Prevention of food Adulteration Act, 1954, for selling adulterated milk and sentenced to rigorous imprisonment for six months and fine of Rs. 500/- or in default to undergo further rigorous imprisonment for three months.2. The facts are that on 12-9-1968, Food Inspector Jagdish Prasad (P. W. 1) stopped the applicant while he was carrying milk on his cycle for sale. After giving notice and paying the price, the Inspector purchased 660 ml of milk and divided the milk so purchased into three parts, which were kept and duly sealed in 3 bottles. One sample was given to the applicant, another was sent to Public Analyst and the third was kept by him for production in the Court. The Inspector prepared necessary documents on the spot in the presence of panchas showing that all formalities were performed properly. The Analyst certified the sample to be adulterated with 18 per cent of added water. The conviction...
Tag this Judgment!Hajari Vs. the State of M.P., Bhopal and ors.
Court: Madhya Pradesh
Decided on: Dec-17-1975
Reported in: AIR1976MP76
J.S. Verma, J.1. The petitioner seeks a writ for quashing the notification dated 8-12-1972 (Annexure A) under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the Act) on the ground that it does not satisfy the require ments of the provision and consequently the entire requisition proceedings. The petition came up for hearing before a Division Bench and reliance was placed on behalf pf the petitioner on the decision of a Division Bench (Oza and Muley JJ.) in Deva v. State of M. P. (Misc. Petn. No. 63 of 1974 (Indore) decided on 29-9-1975) to contend that a valid notification under Section 4(1) of the Act requires the particular survey number of each land to bespecified therein and mention of the locality alone without specifying the survey numbers was insufficient. Tne Division Bench itself noticed the conflict between the decision in Deva's case (supra) and that of another Division Bench in Christian Fellowship (Hospital) Bajanandgaon v. State of M. P. (1973 MPLJ 1...
Tag this Judgment!E. Nageshwar Rao Vs. Dinesh Chandra Verma
Court: Madhya Pradesh
Decided on: Dec-17-1975
Reported in: AIR1976MP205
A.P. Sen, J. 1. These two appeals, First Appeals Nos. 195 and 238 of 1974, arise out of a suit for specific performance--Appeal No. 195 by the defendant is against the judgment of the IIIrd Addl. District Judge, Bilaspur, decreeing the plaintiff's claim for specific performance, while Appeal No. 238 is by the plaintiff against disallowing of costs. 2. The relevant facts, shortly stated, are as follows. The defendant, E. Nageshwar Rao, entered into a contract with the plaintiff, to sell a plot out of the compound of his bungalow at Link Road, Bilaspur, measuring 35' X 60' @ Rs. 7 per sq. ft. The terms of the contract are embodied in writing, Ex. P-2, dated 31-1-1971. The defendant received Rs. 1,000 as earnest money in pursuance of the contract. The plaintiff brought the suit on the allegation that the sale-deed was to be executed and registered and possession of the plot delivered on 1-3-1971 but in spite of his requests the defendant did not turn up for execution of the sale-deed, tha...
Tag this Judgment!State of M.P. Vs. Pehlajrai Dwarkadas and anr.
Court: Madhya Pradesh
Decided on: Dec-17-1975
Reported in: AIR1976MP208
J.S. Verma, J.1. This first appeal is by defendant No. 1 against the judgment and decree dated 18-1-1965, passed by the Additional District Judge, Shajapur, in Regular Civil Suit No. 2-B of 1962.2. The suit is to recover damages for personal injuries sustained by the plaintiff in a motor accident on 4-5-1961 at about 4 P.M. near the Dak Bungalow at Shajapur, when a jeep MPZ 1020 belonging to defendant No. 1 and driven by defendant No. 2 Yusufkhan collided headlong with the Ambassador car BMS 5800 owned by the plaintiff in which the plaintiff was travelling on his way from Bombay to Calcutta. The collision took place about 40 feet outside the gate of the Dak Bungalow when the plaintiff's car was going to the Dak Bungalow and the Jeep was coming out of it. The plaintiff alleges that the Jeep was being driven rashly and negligently by its driver and it came out abruptly from the gate of the Dak Bungalow giving no opportunity to the car driver to avert the collision. Injuries were sustaine...
Tag this Judgment!The State of Madhya Pradesh Vs. Sunder Lal Jaiswal
Court: Madhya Pradesh
Decided on: Dec-16-1975
Reported in: AIR1976MP175
Singh, J.1. This judgment shall also govern the disposal of First Appeals Nos. 31, 32, 33, 34 and 35 all of 1972. All these appeals have been preferred by the State of Madhya Pradesh and they arise out of six suits filed against the State by six excise contractors for damages for non-supply of country liquor.2. The plaintiffs in these suits were granted licences for the retail sale of country liquor under the supply system for shops in Balaghat District for the year 1967-68. The grant of licences was preceded by auction and the plaintiffs were the successful bidders as a result of which they received the licences. The plaintiffs were to pay the licence fee mentioned in the licences. The plaintiffs were to receive supply of liquor from the Government Warehouse on payment of price at issue rates mentioned in the licences and they were required to sell the same at the selling rates also mentioned in the licences. The case of the plaintiffs was that because of shortage of liquor in the war...
Tag this Judgment!Gindan and ors. Vs. Barelal
Court: Madhya Pradesh
Decided on: Dec-05-1975
Reported in: AIR1976MP83
Tankha, J. 1. This is an appeal byappellant Mst. Gindan and four others against the judgment and decree dated 1st August, 1974 passed by the Additional District Judge, Parma, in Civil Suit No 3-A of 1973 by which the petition of the respondent, Barelal, under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights has been allowed.2. Brief facts of the case are that Mst. Gindan (appellant No. 1) was married about fifteen years back to the respondent. From the wedlock three children were born out of whom two are dead and the third male child aged about 9 months is with appellant No. 1. Appellants Nos. 3 to 5 are brothers of appellant No. 1 and appellant No. 2 is her father. According to the respondent, his wife Mst. Gindan had no reasonable excuse to withdraw herself from his society along with all the ornaments given to her by him and as such he was entitled for a decree for restitution of conjugal rights against her and a direction to other appellants to refrain f...
Tag this Judgment!Kesumal Vaparmal a Firm and ors. Vs. Bhagwandas Bhojraj
Court: Madhya Pradesh
Decided on: Dec-04-1975
Reported in: AIR1976MP123
Sen, J. 1. This appeal by the defendants is directed against a judgment of the District Judge, Raipur, dated 25th March, 1975, decreeing the plaintiff's claim for recovery of Rs. 14,365/- on the strength of three Hundis dated 9-2-1973- The Hundis are Exs. P-2, P-3 and P-4.2. The short point involved in the appeal is whether the learned District Judge had jurisdiction to entertain the suit. It is urged that the summary procedure provided by Order XXXVII of the Code of Civil Procedure, for trial of suits based on Negotiable Instruments, is not applicable to the State of Madhya Pra-desh, unless there is a notification by the State Government in that behalf, under Sub-clause (b) of Rule 1 thereof.3. The question arises under the following circumstances On 9-2-1973, tha plaintiff who is a registered money-lender, advanced a cash loan of Rs. 13.000/- to the defendant on the strength of three Sahjog Hundis, Exts. P-2, P-3 and P-4, payable after 90 days. On the due date. i. e., on 10-5-1973, t...
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