Madhya Pradesh Court November 1973 Judgments
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Prem Masih Vs. Mst. Kumudani Bai and anr.
Court: Madhya Pradesh
Decided on: Nov-30-1973
Reported in: AIR1974MP88; 1974MPLJ188
ORDER1. This is a reference under Section 17 of the Indian Divorce Act made by the District Judge, Bilaspur, for confirmation of a decree nisi Passed by him under Section 16 of the Act on the ground of adultery of the wife.2. The petitioner Prem Masih was married to Smt. Kumudanibai, the first respondent on 6th July 1964 and they lived as husband and wife at Jyotipur, Pendra Road, where they were married for about two months. The petitioner wanted the wife to shift to his village home in Chakapendra, District Durg but she refused to so there. At that time, Rajendra Kumar, the second respondent, used to visit the wife and the petitioner suspected intimacy between them. The petitioner joined military service in October 1965. When he came on leave, he found the first respondent residing with the second respondent as wife and husband. The first respondent has also given birth to two children while she was living with the second respondent. These facts have been fully established from the e...
Additional Commissioner of Income-tax Vs. Kanhaiyalal Jessaram
Court: Madhya Pradesh
Decided on: Nov-19-1973
Reported in: [1977]106ITR168(MP)
P.K. Tare, C.J. 1. This order shall also govern the disposal of misc.Civil Case No. 492 of 1973 (Addl. Commissioner oj Income-tax v. Kanhaiyalal Jessaram).2. This is a petition by the department under Section 256(2) of theIncome-tax Act, 1961, requesting that the Income-tax Appellate Tribunal,Indore Bench, Indore, be required to refer the following questions for theopinion of this court:'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the admission made by the assessee in his application under Section 271(4A) to the effect that the value of the assets held in the name of his son may be added to his own income, will not be binding on the assessee in the event of there being no settlement of his income, as requested for by him ? (2) Whether the Tribunal was justified in excluding the income earned by the assessee in the name of his son in spite of the assessee's admission that his son was his benamidar ? (3) Whether the Tribunal ...
Nahar Hirasingh and ors. Vs. Mst. DukalhIn and ors.
Court: Madhya Pradesh
Decided on: Nov-16-1973
Reported in: AIR1974MP141; 1974MPLJ257
Tare, C.J.1. This opinion shall govern the disposal of this Letters Patent Appeal as also the Second Appeal No 91 of 1966 -- (Durgaprasad v. Chunnilal).2. The present Letters Patent Appeal has been referred to this Court for decision of the entire appeal by a Division Bench of this Court, by order, dated 31-3-1971, as also for decision of the question whether a Bhumiswami under the Madhya Pradesh Land Revenue Code, 1959, is a tenure holder within the meaning of Section 4 of the Hindu Succession Act. 1956. That question is also involved in Second Appeal No. 91 of 1966 (Madh Pra). Therefore, by this opinion, we propose to decide that question and later on, we propose to decide the Letters Patent Appeal on merits. On expression of the opinion on the question referred Second Appeal No. 91 of 1966, will have to so back to the Single Bench for decision on merits in accordance with the opinion of this Full Bench. Along with these two cases. Second Appeal No. 447 of 1966 (Madh Pra) -- (Smt. Ra...
Madhya Pradesh State Road Transport Corporation Vs. the State Transpor ...
Court: Madhya Pradesh
Decided on: Nov-07-1973
Reported in: AIR1974MP131
Singh, J. 1. The petitioner the Madhya Pradesh State Road Transport Corporation, hereinafter referred to as the Corporation, by this petition under Article 226 of the Constitution calls into question the order of the Transport Appellate Authority dated 24th January 1972 passed in Appeal No. 640 of 1969 and consequent renewal of the permit of respondent No. 3 M/s Bundelkhand Motor Transport Company, hereinafter referred to as the Company. 2. The facts are that the Company held a permit for Chhatarpur-Jetpur via Kishangarh route which expired on 30th May 1965. Before the expiry of the permit the Company made an application for renewal of the permit under Section 58 of the Motor Vehicles Act. 1939). One Jogendra Singh objected to the grant of renewal to the Company. The Corporation also objected to the renewal and in addition made an application for grant of a permit to itself. The Regional Transport Authority. Rewa, who considered the application for renewal of the Company, passed an ord...
Madhya Pradesh State Road Transport Corporation, Jabalpur Vs. the Stat ...
Court: Madhya Pradesh
Decided on: Nov-05-1973
Reported in: AIR1974MP136; 1974MPLJ133
Singh, J. 1. The petitioner Madhya Pradesh State Road Transport Corporation by this petition under Article 226 of the Constitution calls into question an order of the State Transport Appellate Authority dated 23rd February 1972 passed in Appeal No. 25 of 1971. 2. The facts are that the Bundelkhand Motor Transport Company, hereinafter referred to as the Company held a stage carriage permit for the route Chhatarpur to Damoh. This route is an inter-regional route 112 Kilometres of which lie in Rewa region and 48 Kilometres in Jabalpur region. The permit held by the Company was granted by the Regional Transport Authority, Rewa, and was countersigned by the Regional Transport Authority, Jabalpur. The Company applied for extension of its permit from Damoh to Jabalpur via Tendukheda and Patan. The distance between Damoh to Jabalpur is 108 kilometres and this route lies wholly in Jabalpur region. The application for extension was made by the Company to the Regional Transport Authority, Rewa wh...
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