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Results · Madhya Pradesh
Bhagwangir Mukundgir and anr. Vs. State
Court : Madhya Pradesh
Reported in : 1950CriLJ1345
ORDERSanghi, J.1. On 27th September 1948, the Magistrate, first alas? at Khaegaon, convicted the two petitioners under Section 18, lndore Penal Code, read with notification no. SO dated 12th October 1920 and also Under Section 74, District Municipalities Act. and sentenced them each to para fine of US. 25. Against this order of conviction and sentence they filed a revision petition in the Court of the Sessions Judge, who has made recommendation to this Court that the petition Bhould be allowed.2. The act of the two petitioners which constitute the offence is that their father Mukundgir died on 37th May 1946 and they buried him in close proximity to their dwelling house in Khate-gaon. The Notification referred to above was issued by the then Home Minister to the Government of His Highness the Maharaja Holkar in the Holkar Government Gazette dated 18th ootober 1930 which reads thus:It is, therefore, hereby ordered that any person burying or burning the dead at a place other than the plac...
Tag this Judgment!State Vs. Hiralal Gangaram
Court : Madhya Pradesh
Reported in : 1952CriLJ872
Rege, J.1. The opponent was put up before the District and Sessions Judge, Mandsour on an accusation of murder under Section 292 of the Gwalior, Tajirat. The proceedings preliminary to commitment which commenced on 24.6.1948 were closed so far as the prosecution was concerned on 25.1.1949, after a number of unnecessary adjournments several of which were on the ground of want of time. I would observe that the trial or enquiry in a case of this kind looses its importance by inordiante delay in the proceedings and a large number of adjournments by reason of want of time indicate inefficiency and want of control over the work. It ought not to be difficult for the Presiding Officer of the Court, to fix work in such quantity as will reasonably enable him to get through it so that parties may not be put to unnecessary inconvenience and expense and in criminal cases in particular the evidence being mostly oral and subject to loss of weight by lapse of time, the Presiding Officer must be astute...
Tag this Judgment!Prabhulal Vs. Parwatibai
Court : Madhya Pradesh
Reported in : 1952CriLJ868
ORDERRege, J.1. Mt. Parwatibai wife of Prabhulal instituted proceedings against her husband for maintenance under Section 488 of the Code of Criminal Procedure. The husband resisted the petition on the ground of infidelity of his wife. The learned Magistrate Bhanpura, allowed the application and directed that maintenance at Rs. 30/- per month should be given to Parwatibai. The opponent went up in revision to the learned Sessions Judge, Garoth who has reported the case with a recommendation that the order of the Magistrate should be set aside and the case remanded for further inquiry. The learned Magistrate found the allegation of infidelity improved and it cannot be said that the finding is without foundation. It is in evidence, however, that the petitioner Prabhulal Is a minor and his means to pay the maintenance consist only of his interest in the joint family property. The learned Magistrate appears entirely to have ignored the meagre evidence tendered by the applicant Parwatibai re...
Tag this Judgment!Hidayat Begam Vs. State
Court : Madhya Pradesh
Reported in : 1951CriLJ233
ORDERSanghi, J.1. On 14-7-1949, one Kanakmal an itinerant tradesman made a report at 10-30 A. M. at the Sadar Bazar Police Station, Indore City that his wife Laxmibai had disappeared from the house carrying away with her cash amounting to Rs. 1700 and ornaments valued at Rs. 1900. He also stated in the report that he had learnt that Hidayat Begam (applicant) who lived in the neighbourhood used to visit his wife and Bhura her brother used to visit her sister and that Bhura was not to be found at his house. He therefore, suspected the applicant and her brother Bhura to be concerned in the theft committed by his wife.2. Seven weeks after this, on 8-9-1949, the applicant was arrested by the Officer-in. charge of the Sadar Bazar Police Station at 11-30 in the night. Under Section 167, Criminal P, C. the applicant was produced before the additional City Magistrate, Indore City, at 12-10 A. M. on is.9-1949 and an application was made for her further detention in police custody. The charge sho...
Tag this Judgment!State Vs. Chogalal Narayan
Court : Madhya Pradesh
Reported in : 1951CriLJ637
Sanghi, J.1. The resp. keeps a hotel in Gwaltoli indore. On 20.2.1945. the police searched his house in the coarse of the investigation of a theft. From an iron safe forty-three revolver cartridges were recovered; of these, it is alleged, twenty-four were old. What it meant by old cartridges has not bean explained. The respondent was prosecuted under Section 5, Indore Explosive Substances Act for being in possession of explosive substances without an explanation that he had them for a lawful object. The learned Dist. Mag. Indore City convicted him under that section & sentenced him to four months' rigorous imprisonment & a fine of Rs. 100. On appeal the learned Ses. J. acquitted him on the ground that the explanation rendered by him was a good one. The explanation given by the resp. was that he found these cartridges left by some one in the hotel. He kept them carefully to be returned to the owner. His brother in law Pannalal lives at Ujjain & he holds license for possessing a revolver...
Tag this Judgment!M.R. Deo Vs. State
Court : Madhya Pradesh
Reported in : AIR1950MP28; 1950CriLJ813
Mehta, J.1. This is an application by Mr. M. K. Deo, Advocate, Madhya Bharat High Court that a writ of certiorari should issue to the Subha and District Magistrate Indore to bring up, in order to be quashed, an order passed on 22nd October 1949 by District Magistrate Under Section 3.E. Madhya Bharat Maintenance of Public Order Act. The said order prohibits the applicant for three months from participating in any meeting, public or private, organised by any association. It further prohibits the applicant from issuing any leaflet or newspaper, propagating communist views or that of Karmachari sangh. A preliminary objection was raised by the learned Advocate-General that Madhya Bharat High Court is not invested with the jurisdiction to issue the high prerogative writ of certiorari. This would involve an inquiry into the nature and origin of the writ of certiorari as will as the constitution and jurisdiction of the power and authority of this Court.2. The ancient writ of certiorari in Engl...
Tag this Judgment!Hari Narayan Vs. Mt. Rani Devi
Court : Madhya Pradesh
Reported in : 1952CriLJ574
ORDERDixit, J.1. This is an application in revision from an order of the Sessions Court Raj Garh refusing to make a reference to this Court for setting aside the order dated 22.6.49 of Sub-Divisional Magistrate, Panchhor in certain maintenance proceedings. On 20th June 1947, the applicant Hari Narayan was directed by the Sub-Divisional Magistrate, Sarangpur to pay maintenance to his children and wife Mt. Rani Devi. The order of maintenance passed by the Sub-Divisional Magistrate was affirmed by the Dewas (Junior) High Court with slight modification. The applicant did not pay the maintenance ordered for the period from 6.5.48 to 28.3.49 and on 31.3.49, Mt. Rani Devi applied to the Sub-Divisional Magistrate, Pachhor to enforce the order under Section 488(3), Criminal Procedure Code. The applicant objected to the execution of the order on the ground that his wife Mt. Rani Devi, without sufficient cause refuses to live with him. The Sub-Divisional Magistrate took the view that it was not o...
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