Madhya Pradesh Court August 1979 Judgments
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Gorelal and anr. Vs. Mulua
Court: Madhya Pradesh
Decided on: Aug-16-1979
Reported in: AIR1980MP73
A.R. Navkar, J.1. This is an appeal against the judgment and decree passed by the Additional District Judge, Guna in Civil Appeal No. 100-A/70, confirming the judgment and decree passed by Shri N. K. Jain, Civil Judge Class II, Guna in Civil Suit No. 62-A/65.2. The facts of the case, briefly stated, are that the plaintiff-respondent filed a suit for permanent injunction and demolition of a wall against the defendant/appellants. The plaintiff alleged that there was a partition between him and his brother Puran and in the share which fell to his brother, there was a door opening towards the eastern side which was used by him as a passage, but after partition, plaintiff opened a door on the northern side which opens towards the village pathway. It was alleged that on 12-9-1965, the defendants constructed in front of the door a Chabutara and thereby obstructed the way. The plaintiff also alleges that the door was used for taking his cattle as well as this was an access for him to the villa...
Sitaram and ors. Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-16-1979
Reported in: AIR1980MP4; 1979MPLJ817
Faizanuddin, J.1. This is a reference under Sub-section (1) of Section 57 of the Indian Stamp Act, 1899 (Act No. 2 of 1899) (hereinafter referred to as the Act) having been made by a learned Member of the M. P. Board of Revenue, Gwalior, as the Chief Controlling Revenue Authority, in consequence of a Revenue Revision No. 132-11/77 against an order dated 28-1-1977 passed by the Sub-Divisional Officer and Collector of Stamps, Burhanpur, in Revenue Case No. 5-B-103/73-74. The short question as contained in paragraph 6 of the order of reference of the learned Member, Board of Revenue and referred to this Bench for its opinion is as follows; --'Whether in respect of instruments, which were registered prior to the coming into force of the amendments in 1975, the Sub-Registrar is empowered to make a reference to the Collector of Stamps in regard to under-valuation, once such instrument has been registered.'2. The factual aspects of this case, which emerge out, giving rise to this reference, a...
Smt. Malti Harshey Vs. Commissioner of Wealth-tax
Court: Madhya Pradesh
Decided on: Aug-09-1979
Reported in: (1979)13CTR(MP)164; [1980]121ITR676(MP); 1980MPLJ861
G. P. Singh, C.J. 1. This is a case stated by the Income-tax Appellate Tribunal under Section 27(1) of the W.T. Act, 1957, referring for our answer the following question of law :' Whether, on the facts and in the circumstances of the case, the Tribunal was right in interpreting the proviso to Section 4(1)(a) of the Wealth-tax Act, 1957, to mean that only transfer of assets or part thereof which is chargeable to gift-tax or is not chargeable under Section 5 of the Gift-tax Act for the assessment year 1964-65 onwards will be eligible for exclusion from the net wealth of an individual '2. It is not necessary to state the facts in detail. Suffice it to say that the relevant assessment years are 1967-68, 1968-69 and 1969-70 for which the valuation dates are 31st March of 1967, 1968 and 1969, respectively.The assessee made certain gifts to his wife during the accounting years relevant for the assessment years 1960-61, 1961-62 and 1963-64. In other words, the gifts were all completed before ...
Smt. Sayeeda Begam and anr. Vs. Ashraf HussaIn and ors.
Court: Madhya Pradesh
Decided on: Aug-02-1979
Reported in: AIR1980MP12; 1980MPLJ46
Malik, J.1. The question which has been referred to the Division Bench for answer is this: Whether the provisions of Order 22 read with Section 141 Civil P. C. would apply to proceeding initiated under Order 9, for restoration of a suit dismissed in default?2. The referring order gives the following facts: Mst. Sikandar Jahan Begum filed Civil Suit No. 9-A of 1964 in the Court of First Additional District Judge, Bhopal, in forma pauperis. She remained absent on 3-11-1966 and her counsel pleaded no instructions. The suit, therefore, came to be dismissed in default of appearance of the plaintiff. An application was later filed for restoration of the suit which came to be registered as Miscellaneous Judicial Case No. 29 of 1966.Notices were issued to the defendants to show cause. The report of the Process Server, given sometime in Sept., 1967 was that the defendant No. 1 had refused to accept the notice. To this, the other defendants raised an objection that the defendant No. 1 had alread...
Chuluram Vs. Bhagatram
Court: Madhya Pradesh
Decided on: Aug-02-1979
Reported in: AIR1980MP16; 1980MPLJ37
G.P. Singh, C.J.1. The appellant obtained a money decree against the respondent on 30th September which the respondent filed an objection claiming protection under the Madhya Pradesh Gramin Rin Vimukti Tatha Rin Sthagun Adhiniyam, 1975. This objection was filed on 25th November 1976. The objection was upheld by the executing Court by order dated 8th April 1977 and the execution application was dismissed. The appellant filed an appeal against this order before the Additional District Judge, Bilaspur, who by order dated 21st January 1978, dismissed it on the ground that it was not maintainable under the Code of Civil Procedure as amended by Act 104 of 1976. The appellant then filed this second appeal and relied upon a single Bench decision in Ratanlal v. Hanuman Singh S. A. No. 54 of 1978, D/- 6-4-1978 in support of the maintainability of his appeal against the order dismissing his application for execution. The appeal first came up for hearing before a learned single Judge, who was incl...
Prakash Chandra Saxena Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-01-1979
Reported in: (1980)IILLJ322MP; 1980MPLJ251
ORDERA.R. Nakar, J.1. This is a revision against the order dated 16-5-1979, passed by the First Additional District Judge, Gwalior in Civil Miscellaneous Appeal No. 29 of 1979, against the order passed by the Seventh Civil Judge, Class II, Gwalior on 1-5-1979.2. The facts of the case are that the plaintiff Prakash Chandra Saxena has filed a suit for declaration and cancellation of the order of his transfer dated 3-1-1979 with the allegation that he is in permanent Government service since 1948. He is a gazetted officer since 1962 and he was transferred as gazetted Government servant to different places. The record of his service is clean and without blemish. He was transferred on 31st August, 1977 on the post of the Principal, Government Higher Secondary School, J. A. Sindh, Lashkar, Gwalior, on humanitarian grounds. He alleges that Madhya Pradesh Government, under the pressure of the Sindhi Society, by its order dated 27-10-1978, with an intention to give undue advantage to one Sumanl...
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