Madhya Pradesh Court July 1977 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Smt. Nalini Vs. C.H. Issac
Court: Madhya Pradesh
Decided on: Jul-27-1977
Reported in: AIR1977MP266; 1977MPLJ687
Bajpai, J. 1. These proceedings under Section 17 of the (Indian) Divorce Act have been placed before us for confirmation of a decree passed by the District Judge, Jabalpur, granting divorce as applied for by the petitioner (wife) on the grounds of desertion and adultery.2. The facts relevant are that the petitioner Nalini was lawfully married to the respondent C. H. Issac on 8-2-1970 at Hangton Prayer Room Church, Jabalpur, the wife being then about 19 to 20 years of age and the husband about 22 to 23 years of age. Undisputedly, the petitioner and the respondent profess the Christian religion and are domiciled in India. For about 10 months from the date of the marriage, parties lived at Bilhari and cohabited. According to the petitioner, earlier at one occasion, the respondent had turned her out of his residence and, therefore, she had to live in her own quarter at Vaidyanath Nagar. Later on, after about a month, the respondent, however, again took her back along with her two younger s...
Jayendra Singh Kushwaha Vs. Madhya Pradesh Electricity Board, Gwalior ...
Court: Madhya Pradesh
Decided on: Jul-22-1977
Reported in: AIR1978MP18; 1977MPLJ695
ORDERShiv Dayal, C.J. 1. The defendant is aggrieved by an order passed by the trial Court holding that it has jurisdiction to try the suit. The defendant's objection was that the claim contained in the suit is exclusively triable by the Motor Accidents Claims Tribunal constituted under Section 110 of the Motor Vehicles Act, 1939. The trial Court did not accept this contention. 2. The plaintiff, M. P. Electricity Board, has claimed as compensation Rs. 35,220 on the following allegations; the defendant No. 1 is the owner of a bus, defendant No. 2 was the driver. On December 22, 1969, the bus dashed against a pick-up van belonging to the plaintiff M. P. Electricity Board which caused injuries to the occupants of the pick-up, one of whom died. 3. It is averred in the plaint that the plaintiff had to pay Rs. 4,800 as compensation under the Workmen's Compensation Act, to the dependants of the occupants who were in the pick-up when it became involved in the accident. The plaintiff had also to...
Munnalal and ors. Vs. B.S. Baswan and ors.
Court: Madhya Pradesh
Decided on: Jul-22-1977
Reported in: AIR1978MP36; 1978MPLJ152
Shiv Dayal, C.J.1. This Bench has been constituted under Article 228A of the Constitution to determine the validity of Clause (9) of Rule 4 of the Madhya Pradesh Nagariya Sthawar Sampatti Kar Niyam. 1964. That rule reads thus:'(9) If a building contains more than one portion not belonging to the same owner, every such portion may be treated as a separate building for the purposes of these rules but not until satisfactory evidence, which shall be either a decree of a Court of Law or a registered document, has been given in proof of the separate ownership thereof.'The petitioners are the owners and are in occupation of a house situate at Sadar Bazar, Morar, District Gwalior. The Property Tax Officer, constituted under the Act, issued a notice to the petitioners of the provisional assessment list and assessed the annual letting value of the house at Rs. 3,492/- to be enforced from April 1, 1970. The petitioners, on April 4, 1970, filed objections before the Property Tax Officer, in which ...
Mukutdhari Sharma Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-21-1977
Reported in: AIR1978MP46; 1978MPLJ156
Singh, J.1. Two principal questions arise for decision in this petition underArticle 226 of the Constitution: (1) Whether the President of a Municipal Council constituted under the Madhya Pradesh Municipalities Act, 1961, continues in office after the Council stands dissolved by efflux of tune; and (2) whether the Government is bound to hold elections within a reasonable time from the date of dissolution of a Council.2. The facts giving rise to this petition are that elections to the Municipal Council, Umaria, were held in May 1969. The petitioner, Mukutdhari Sharma, was elected as President to the Council on 22nd May 1969. The term of the President expired after two years on 21st May 1971; but as no election to fill up the vacancy was held, the petitioner continued as President. Four years, which is the normal term of a Council, expired on 21st May 1973. By a notification published in the Gazette dated 19th Sept. 1973, the term of the Council was extended from 21st May 1973 to 22nd Se...
Harcharanlal Gupta Vs. Regional Transport Authority, Gwalior and ors.
Court: Madhya Pradesh
Decided on: Jul-20-1977
Reported in: AIR1978MP22; 1977MPLJ816
Singh, J. 1. The petitioner was holder of permit No. 29 of 1972 for the route Guna-Sironj. The permit was valid up to 27th May 1975. The petitioner applied for renewal of his permit on 26th August 1574. This application was published in the Gazette dated 18th Oct., 1974. The Gazette publication contained a footnote inviting fresh applications for the route within 30 days. Respondents 3 and 4 made applications for the grant of permit on the said route on 9th and 12th Nov., 1974 respectively. Their applications were published in the Gazette in March 1975 inviting objections within 30 days. The petitioner then filed this petition under Article 226 of the Constitution in April 1975. The petitioner's contention in this petition is that the Regional Transport Authority should not have invited applications for fresh permit and that the Authority should be restrained from considering the applications of respondents 3 and 4 along with the application of the petitioner. 2. Learned counsel for th...
Commissioner of Income-tax Vs. Ganpatji Tuniyabhai
Court: Madhya Pradesh
Decided on: Jul-20-1977
Reported in: [1979]117ITR291(MP)
Sohani, J.1. This is a reference under Section 256(1) of the I.T. Act, 1961, hereinafter referred to as 'the Act', at the instance of the CIT, Madhya Pradesh, Nagpur and Bhandara. The question, which has been propounded by the Income-tax Appellate Tribunal for our decision, is as follows :'Whether, on the facts and in the circumstances, the Appellate Tribunal was justified in law in granting registration to the firm for the assessment year 1961-62, though Shri Rameshchandra, who had been admitted to the benefits of the partnership, being a minor, had attained majority at the time when the application for renewal was made and the same had not been signed by him ?'2. The material facts giving rise to this reference briefly are as follows : The assessee is M/s. Ganpatji Tuniyabhai of Khargone. For the assessment year 1961-62, the assessee submitted an application for renewal of registration of the firm under Section 26A of the Indian I.T. Act, 1922. The application was rejected by the ITO...
Jairam Gaya Prasad Mishra and anr. Vs. the State Transport Appellate T ...
Court: Madhya Pradesh
Decided on: Jul-18-1977
Reported in: AIR1977MP262; 1977MPLJ716
Bajpai, J. 1. By this petition, thepetitioner, a transport operator, seeks to challenge the validity of the order passed by the State Transport Appellate Tribunal quashing the notification issued by the R.T.A. inviting applications for grant of transport permits.2. The facts relevant are that in June, 1970, two stage carriage permits were granted to certain operators by the R.T.A. for the route Tikamgarh to Bijawar. These grants of permits were challenged before the State Transport Appellate Tribunal and the State Transport Appellate Tribunal set aside the same by its order dated 25-2-75 on the ground that the invitation issued by the R.T.A. for grant of permits and the consequent grant of the permits were all illegal, because there was no previous determination of the scope as contemplated under Section 47 (3) of the Motor Vehicles Act, 1939 (hereinafter referredto as the Act). The case was, therefore, remanded to the R.T.A. for determining the scope and then to proceed further in the...
- ‹ Prev
- Next ›