Madhya Pradesh Court September 1978 Judgments
Nandkishore Vs. Smt. Munnibai
Court: Madhya Pradesh
Decided on: Sep-29-1978
Reported in: AIR1979MP45
B.C. Verma, J. 1. Appellant Nand-kishore (husband) has preferred this appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter called theAct) dismissing his petition for a decree of nullity under Section 12(1)(d) of the Act 2. The marriage between the parties was solemnised on 2-5-1975 at village Bara, tahsil Banda, district Sagar, according to Vaidic rites. The Bida ceremony took place on 3-5-1975 and they came back to Bina at the appellant's place on 4-5-1975. However, according to the prevailing custom, they immediately did not enter the appellant's house, but for sometime stayed in the house of a neighbour, Smt. Rajkunwarbai (P.W. 3). It appears from the statement of the appellant that they shared the bed for sometime and the marriage was thus consummated. The respondent (wife) lived with the appellant at Bina until middle of June. 1975. Thereafter, she left her matrimonial home and started living with her parents, 3. The appellant alleges that the respondent was at the...
Tag this Judgment!Sukram Vs. Smt. Mishri Bai
Court: Madhya Pradesh
Decided on: Sep-29-1978
Reported in: AIR1979MP144
C.P. Sen, J.1. The appellant-husband has preferred this appeal under Section 28 of the Hindu Marriage Act, 1955 against the dismissal of his petition for restitution of conjugal rights.2. The appellant's case is that 3 years before filing of the petition he was married to the respondent according to Hindu rites. One year after the marriage there was Gona and thereafter the respondent stayed with him for 2 nights and has not returned back again. The appellant made 12/13 attempts to bring her back but she was avoiding on one pretext or another. The respondent has withdrawn from his society without any reasonable cause or excuse. The respondent in her written statement resisted the petition and denied the allegations made therein. According to her, they were married 9/10 years before when the respondent was only 10 to 11 years old. At that time, she stayed with the appellant in his house for 2 days and then returned to her parents' place. Three years thereafter there was Gona and she went...
Tag this Judgment!SirajuddIn Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Sep-26-1978
Reported in: [1979]43STC444(MP)
C.P. Sen, J.1. The plaintiff has preferred this appeal against the dismissal of his suit by the trial court on the ground that the suit is barred under Section 37 of the M. P. General Sales Tax Act, 1958 (hereinafter referred to as the Act).2. The plaintiff was a forest contractor and he was engaged in the business of selling timber and fuel wood by converting the standing trees. For this purpose, he used to take forest coups from the forest department in public auctions. By order dated 21th August, 1966, the Assistant Sales Tax Officer, Rajnandgaon, imposed tax of Rs. 8,275 for the period 6th December, 1962, to 27th July, 1965, and by order dated 19th December, 1966, he imposed tax of Rs. 4,950 for the period 28th May, 1965, to 31st March, 1966. He also imposed penalty of Rs. 2,500 under Section 18 of the Act for non-registration by his order dated 17th January, 1967. The plaintiff preferred a revision before the Deputy Commissioner, Sales Tax, Raipur, which was dismissed on 28th June...
Tag this Judgment!Yeshwant Rao Vs. Sampat
Court: Madhya Pradesh
Decided on: Sep-25-1978
Reported in: AIR1979MP21
G.P. Singh, C.J.1. This is a reference made by a Division Bench consisting of Hon'ble K. K. Dube, J. and Hon'ble J. P. Bajpai, J., referring to a Full Bench the following question:'Whether or not a revision would lie to the High Court under Section 115 of the Code of Civil Procedure from a decision by the Commissioner under the Workmen's Compensation Act, deciding a dispute under Section 19(2) of that Act?'2. The revisional power of the High Court under Section 115 of the Code of Civil Procedure is available against 'any Court subordinate' to it. The important point that arises before us is whether the Commissioner for Workmen's Compensation is a Court within Section 115 of the Code.3. Section 2(1)(b) of the Workmen's Compensation Act, 1923, defines 'Commissioner' to mean a Commissioner for workmen's compensation appointed under Section 20. The State Government is empowered under Section 20 to appoint any person to be a Commissioner for workmen's compensation by a notification for such...
Tag this Judgment!Gurubax Singh Gorowara Vs. Smt. Begum Rafiya Khurshid and ors.
Court: Madhya Pradesh
Decided on: Sep-22-1978
Reported in: AIR1979MP66; 1979MPLJ96
Sen, J.1. The plaintiff has filed this appeal against the dismissal of his claim by the trial Court for damages on account of breach of agreement by the defendants.2. The facts not in dispute are that the defendants along with 3 others are the joint owners of agricultural lands measuring 587.01 acres situated in village Khandabarh Tahsil, Budni, District Sehore. They had inherited these lands from their predecessor-ill-interest Khur-sheed Ahmad. After his death, the Government of Madhya Pradesh disputed their title resulting in litigation which ultimately ended in their favour. During pendency of the dispute, the defendants executed an agreement Ex. P. 1 on 5-8-1964. It was agreed that the defendants would sell all the standing jungle including all the timber and firewood etc. to the plaintiff for a sum of Rs. 60,000/- and the defendants would deliver possession of the aforesaid lands for the purpose of clearing and removing all timber, firewood and other pro-duce after the dispute wit...
Tag this Judgment!Smt. Padmavati Devi Vs. the State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-18-1978
Reported in: AIR1979MP32
G.P. Singh, C.J.1. Smt. Padmavati Devi, the petitioner in this petition, is the wife of Shri Birendra Bahadur Singh who is the ex-Ruler of the Indian State Khairagarh. This State merged with the Central Provinces and Berar on 1st January 1948. Before the merger, the Ruler by a Sanad dated 29th Dec. 1947 granted a perpetual lease of forest area comprising of 5585 acres situated within Bodratola block in favour of the petitioner. An agreement was reached between the ex-Ruler of Khairagarh and the Premier of the Central Provinces and Berar on 19th June 1948 in which the forest lease granted in favour of the petitioner was recognised. On coming into force of the Constitution on 26th January 1950, the Central Provinces and Berar became the State of Madhya Pradesh. On 23rd June 1953, a perpetual lease was executed in favour of the petitioner by the Governor of Madhya Pradesh in recognition of the lease granted by the Sanad. The only difference between the grant made under the Sanad of the Ru...
Tag this Judgment!Laxmansingh Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-14-1978
Reported in: AIR1979MP13; 1978MPLJ761
J.S. Verma, J. 1. The petitioner filed his nomination to contest for the office of Sarpanch of Gram Panchayat, Vardha, tahsil Basoda, district Vidisha, along with respondents Nos. 4 and 5. The petitioner's nomination was rejected by the Returning Officer vide his order dated 21-5-1978 holding that he was disqualified for the office of Sarpanch. At the same time, the nomination of respondent No. 4 Virendrasingh was accepted as valid. By this petition under Art. 226 of the Constitution filed before the completion of the election, the petitioner seeks a writ of certiorari to quash the Returning Officer's aforesaid order dated 21-5-1978 rejecting his nomination and a further direction to reject the nomination of respondent No. 4 Virendrasingh which has been accepted. 2. The only ground on which this petition has been filed is the improper rejection of petitioner's nomination and the improper acceptance of the nomination of respondent No. 4 Virendrasingh for the office of Sarpanch. The M. P...
Tag this Judgment!Rajendra Singh Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Sep-14-1978
Reported in: AIR1979MP1
J.S. Verma, J. 1. The petitioner contested for the office of Sarpanch of Gram Panchayat, Goara, tahsil Mehgaon, district Bhind. The election was held on 2nd June 1978, Respondents Nos. 3 to 5 were the other contesting candidates at that election. Respondent No. 3 Madhosingh has been declared elected to the office of Sarpanch. By this petition under Article 226 of the Constitution the petitioner challenges the validity of election of the respondent No. 3 as Sarpanch on several grounds which are mentioned hereafter. 2. The petitioner has taken several grounds in this petition. For the reasons given by us in our order D/- 14-9-1978 passed in Misc. Petn. No. 95 of 1978, reported in 1978 Jab LJ 715 (Laxmansingh v. The State of M. P, and four ethers), the grounds which are available in an election petition under Section 357 of the M. P, Panchayats Act are not being considered. We are considering herein only those grounds by which the validity of certain provisions of the M. P. Panchayats (Am...
Tag this Judgment!The State of Madhya Pradesh Vs. Kailash Chandra Verma
Court: Madhya Pradesh
Decided on: Sep-12-1978
Reported in: 1979CriLJ377; 1979MPLJ491
C.P. Sen, J.1. By this order the references made in Criminal Revision No. 1] of 1976, Basudeosingh v. State of M. P., Criminal Revision No. 12 of 1976, Basudeosingh v. State of M. P. and Criminal Revision No. 13 of 1976, Basudeosingh v. State of M. P., are also answered.2. The following questions have been referred to the Division Bench for consideration:t1. Whether the State Government is empowered under Section 11(1) of the New Code to appoint Judicial Magistrate of a particular district to have his headquarters outside the district?2. Whether one person so appointed by this Court to be the Judicial Magistrate of different districts to try all C B. I. cases aris- ing in those districts can have his headquarters at one particular place3. If the State Government and the High Court are so empowered to issue notifications, then what should be the forum of appeal against the judgments and orders passed by such Magistrate?3. In Criminal Revision No. 92 of 1976, the non-applicant was prosec...
Tag this Judgment!Shrichand Vs. Tejinder Singh and ors.
Court: Madhya Pradesh
Decided on: Sep-11-1978
Reported in: AIR1979MP76
C.P. Sen, J.1. This is an appeal by the plaintiff under Clause 10 of the Letters Patent against the order of single Judge in Misc. 1st Appeal No. 151 of 1975 dated 27-8-1976 by which the learned single Judge has set aside the ex parte decree passed against the respondents. The 1st Additional District Judge, Jabalpur, had dismissed the respondents' application for setting aside of the ex parte decree.2. It is necessary to give a background of the present litigation between the parties in order to fully understand the facts and circumstances of the case. The suit out of which the present proceedings arise was filed by the plaintiff on 4-3-1968 for specific performance of contract of sale D/- 12-7-1958 and for recovery of Rs. 4,750/- on account of the oat-standing interest. The plaintiff's case was that he was in need of money for filing an appeal in the High Court against his father Komalchand and other members of his family against the decree in a partition suit. Raghubir Singh, father ...
Tag this Judgment!- ‹ Prev
- Next ›