Court : Madhya Pradesh
Reported in : AIR1958MP415
..... .6. the point is whether or not this document is a delivery warrant or order answering to the definition of 'document of title to goods' in section 2(4) of the indian sale of goods act,'any document used in the ordinary course of business, purporting to authorise the possessor of the document to receive goods thereby represented.' it is not questioned .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP397
..... we hold that chandoo had retired within the period allowed by law.48. there was thus no breach of the rules sufficient to take the matter into section 100(1)(d)(iv) of the act. in any case, the result of the election, in so far as the returned candidate is concerned, was not materially affected,49. the result, ..... reached the father of chandoo and all the presiding officers. we also think, regard being had to be presumption which we are entitled to draw under section 114 of the indian evidence act, that they must have been sent to the other candidates as well. these candidates were in the interior and it is likely that the notices might ..... bishoha and churahi are no longer parties to this proceeding, and indeed the matter is not one in which it was necessary to join them under section 82 of the representation of the people act, 1951.2. at the election five persons had filed theirnomination papers, but four of them alone contestedthe election. the first respondent chandoo wasdeclared to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP31
..... policemen and also took away by force firearms and ammunition, is altogether beyond doubt. it is equally certain that whoever was in that party of raiders is guilty under section 396, i. p. c. in view of the seriousness of this outrage, the punishment should be the extreme penalty. but the question here is whether karan singh ..... death passed by the learned additional sessions judge is confirmed. the appeal and criminal reference are thus disposed of.h.r. krishnan, j.14. in this death reference under section 374 cr. p. c. by the learned additional sessions judge, gwalior, and the connected appeal by the condemned man, the only question for consideration is whether in ..... at this hour of the day, it is not so dark that one cannot recognise a person whom one already knows.6. the accused in his examination under section 342 of the criminal procedure code, while admitting that kalyan singh knew him well has stated that when kalyan singh came on transfer to the reserve police shivpuri, the subedar .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP380; 1958CriLJ1402
..... first information report is not a substantive piece of evidence and can only be used to corroborate the statement of the maker under section 157, evidence act, or to contradict it under section 145 of that act. it cannot be used as evidence against the maker at the trial if he himself becomes an accused, nor to corroborate or ..... certain 'discoveries' made on the 21st and the 22nd as a result of the statement by the accused. these were sought to be introduced in evidence under section 27, evidence act. for example in ex. p 3a hari singh is supposed to have taken the police officer and the panchas to his khala (farm) and given them a ..... essential step; failure to make it, has in this case, considerably weakened the position of the prosecution. the manner in which witnesses are confronted under section 145 of the evidence act with contradictions between their statements under section 162 cr. p. c., and those in court, is quite irregular, and at all events unhelpful. the entire statement under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP341; 1958CriLJ1316
..... against them was improper. un-fortunately however, the petitioners were prevented from taking recourse to self-help in removing the obstructions by the express provisions in section 36 o the easements act. as i have said, their remedy was to pursue the matter in a court of law. the conduct of the non-applicant has been considered by ..... ), a similar question arose for decision. there also the accused had pulled down a wall which obstructed his right of way. it was held that section 36 of the indian easements act prevented a dominant owner from abating wrongful obstruction of an easement and the accused had therefore no right to pull down the wall. it was observed ..... , the petitioners, demolished the wall. the prosecution case was that in doing so, the petitioners caused wrongful loss to the non-applicant and their act thus amounted to an offence of mischief under section 426, i. p. c.3. the first contention advanced on behalf of the petitioners is that they had a right to pull down the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP352; 1958CriLJ1398
..... of the trial court should have been accepted. 6. before i deal with the merits of the case, it is necessary to analyse the provisions of section 3 of the act. the relevant part of the section reads as follows: '3. whoever on the ground of 'untouchability' prevents any person - (a) from entering any place of public worship which is ..... no finding was recorded expressly on the point whether hindus have a right to enter the temple and have a darshan but relying on the explanation to section 3 of the act, the trial court held that all jain temples should be deemed to be hindu temples and all hindus have a right to enter such temples. the ..... be called a hindu that is the person professing sanatan dharma. his contention however is that by explanation at the foot of section 3 of the act which prescribes the penalty for the penal act dealt in that section persons professing jain religion are deemed to be hindus that is persons professing hindu religion. the effect of the explanation, according .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP412
P.V. Dixit, J. 1. This is an appeal by the plaintiff whose pre-emption suit has been dismissed by the Courts below. 2. The plaintiff's case was that he was the owner of a house adjacent to the house in suit which belonged to one Sheochand; that Sheochand sold his house on 28-5-1949 by a registered sale-deed to the respondent Laxminarayan that the deed recited a consideration of Rs. 951/- for the sale but the sale was actually for Rs. 600/-; and that Sheochand sold the house and Laxminarayan purchased it without informing him of the intended sale and without giving him any opportunity to pre-empt the property. The plaintiff proceeded to allege that on 2-6-1949 Laxminarayan sold the house to the respondent Mishrilal by a registered sale-deed for a supposed consideration of Rs. 1450/-. On these allegations, the plaintiff claimed that he was entitled to pre-empt the property for Rs. 600/-. The defendants contested the suit inter alia on the ground that the plaintiff was asked whether he wi...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP329; (1960)ILLJ184MP
..... particular circumstances of the case, there shall be no order as to costs, as the claim of each claimant was debatable and dependent upon a controversial interpretation of section 2(d) of the act. the newton chikli colliery was not represented in the present appeal. i, therefore, direct that the costs incurred in this court, as also in the courts ..... not under sub-clause (i), at least under clause (ii) would have a preferential claim than a grand mother. the interpretation that i have attempted to put on section 2(d) of the act partly finds support from the observations of mudholkar j. in the case of subhaga v. haribhau, misc. f. a. no. 202 of 1953 d/- 24-11- ..... mother is not des-troyed and, moreover, the word 'widowed' has been used in contradistinction to the word 'unwidowed'. sub-clause (i) of sub-section (d) of section 2 of the workmen's compensation act does not lay down that e persons in that sub-clause must be financially dependent on the deceased.those persons would have a right to the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP36
..... landlord under the general law one or more of such conditions as laid down in section 4 of the act ought to exist before a claim for ejectment could succeed. in other words existence of a condition therein mentioned constitutes a necessary part of the cause of action ..... secures to the landlord fair rent and its payment to him. ejectment of a tenant by means of a suit is permitted only under conditions laid down by section 4 of the act and unless one or more of such conditions arc shown to exist the courts cannot permit ejectment.therefore apart from the grounds which afford cause of action to a ..... court found that the plaintiff has failed to prove that he was in genuine need of the premises in question for his own use within the meaning of section 4(g) of the act. he further found that die rent agreed to between the parties was not rs. 20/- p. m. but it was only rs. 15/- p. m. the arrears therefore .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP212
..... to the testimony of rao bhairosingh fell to the share of those junior branches. the said testimony of rao bhairosingh would amount to an admission under section 21 of the indian evidence act, as it was against rao bhairosingh's interest.consequently the plaintiff-appellant cannot get over the testimony of his own father, which is admissible not only ..... 1919 pc 100), admitted that madrupsingh and chatarsingh obtained properties by way of their share. the said testimony given in the previous case is admissible under section 32(3) of the indian evidence act. the said deposition is to be found in the paper book of the said case filed as ex. p. 35 in the present appeal.rao ..... and it is mentioned that the largest share of the allowance was given to rap umed singh of sailani. it appears that at the time when capt. mackenzie acted as a settlement officer, the then existing members of the bhilala families of sailani and bakhatgarh were not observing the rule of primogeniture.8. next we come to .....
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