Madhya Pradesh Court August 1980 Judgments
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Mitthulal and ors. Vs. Badri Prasad and ors.
Court: Madhya Pradesh
Decided on: Aug-12-1980
Reported in: AIR1981MP1
C.P. Sen, J. 1. The following questions have been referred to the Full Bench for opinion as the questions are of general importance:--(i) Where one part of the order is not appealable, while the other part of the same order is appealable as a decree, but the second part is followed as a necessary consequence of the former part of the order, does a revision lie from the former part?(ii) Where it is held that by reason of some of the legal representatives of the deceased having not been brought on record, the suit cannot proceed and stands abated, will a revision lie from such order, although in the latter part of the same order, the suit is dismissed or consigned to the record?2. Certain material facts are required to be stated in order to fully appreciate the questions referred The deceased plaintiff Parmabai filed a suit against the non-applicants-defendants for declaration of her title and for perpetual injunction restraining them from interfering with her possession of the property,...
The State of Madhya Pradesh Vs. Smt. Davi Rawat and ors.
Court: Madhya Pradesh
Decided on: Aug-12-1980
Reported in: AIR1981MP173
G.P. Singh, C.J.1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939, against an award, dated 31st March, 1977, made by the Motor Accident Claims Tribunal, Sidhi.2. The deceased A.S. Rawat, who was a Divisional Forest Officer in the State Forest Service, died in a Motor accident on 18th April, 1975. The deceased was then posted at Satna. He was going from Satna to Bargawa in a Government jeep in the normal course of his employment. The jeep was driven by Mohammad Ali (respondent No. 5) who is employed as a Forest Guard but was authorised to drive the ieep as a part of his duty. The jeep overturned near village Gopalpur. The deceased received multiple injuries on his head and other parts of his body as a result of which he died while on way to the hospital. The claim for compensation against the State and the driver Mohammad Ali was lodged by the widow of the deceased and three minor daughters. By the award under appeal, the Tribunal has allowed Rs. 82,000/- as damag...
Lokendrasingh Vs. Income-tax Officer and anr.
Court: Madhya Pradesh
Decided on: Aug-12-1980
Reported in: [1981]128ITR450(MP)
Shukla, J. 1. This order shall govern disposal of Miscellaneous Petition No. 13/1979 also as the genesis of both these petitions is the same.2. Petitioner is an income-tax and wealth-tax assesses. Petitioner owned some agricultural lands in the District of Ratlam. The Govt. of Madhya Pradesh acquired 107 bighas of his agricultural lands, vide notification dated February 26, 1965, published on April 26, 1965. Possession of the lands was taken by the Government on April 2, 1967, and the Collector, Ratlam, determined the compensation for the lands at Rs. 1,28,400 plus solatium at 15%. The petitioner sought a reference against the award before the District Judge, Ratlam, and the amount of compensation was enhanced by the District Judge to Rs. 17,04,038. The District Judge also directed payment of interest at 6% amounting to Rs. 80,958.3. The State of Madhya Pradesh challenged this order before the High Court and the High Court, vide judgment dated April 26, 1977, reduced the amount of comp...
Mandsaur Starch and Chemicals Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-11-1980
Reported in: (1980)19CTR(MP)292; [1981]127ITR727(MP)
Sohani, J. 1. By this reference under Section 256(1) of the I.T. Act, 1961, hereinafter referred to as 'the Act', the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion :'Whether, on the facts and in the circumstances of the case, the assessee constituted a valid partnership firm in law and was entitled to registration under the provisions of the Income-tax Act for the A. Y. 1969-70?'2. The material facts giving rise to this reference, as set out in the statement of the case, briefly are as follows : The Gwalior Maize Products Ltd. carried on business at Mandsaur of manufacturing starch from maize. The company granted a lease of its factory to one Rajaram Gupta. Before the expiry of this lease, the company faced financial difficulties and the debenture-holders of the company took possession of the property of the company. They instituted a suit against Rajaram Gupta for eviction. A compromise was arrived at in that suit...
Mohan Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-07-1980
Reported in: 1981CriLJ147
G.P. Singh, C.J.1. This petition under Article 226 of the Constitution is by one Mohan Singh who is a convict and who is undergoing sentence of imprisonment for life. The petitioner was lodged in the Central Jail, Jabalpur, at the time when he sent this petition. On 28th July 1980 when he was brought before us from jail, we were informed that he was transferred to Central Jail, Rewa, after the filing of the present petition. The petitioner's grievance is that on 25th January 1978 the Government issued an order under Section 432(1) of the Code of Criminal Procedure, 1973, granting certain remissions in which special remissions were allowed to prisoners belonging to the Scheduled Castes and the Scheduled Tribes which were not allowed to other prisoners. The petitioner submits that denial of special remissions to prisoners not belonging to the Scheduled Castes and the Scheduled Tribes violates their fundamental fights under Articles 14 and 15(1) of the Constitution and that the State shou...
Chhingaram Vs. Sunderlal
Court: Madhya Pradesh
Decided on: Aug-05-1980
Reported in: AIR1981MP241
ORDERH.G. Mishra, J.1. This revision is by defendant against order dated 23-1-1978, passed by Second Civil Judge, Class II, Gwalior, in Civil Suit No. 2-A of 1977 whereby the suit for ejectment and recovery of rent and mesne profits has been held to be maintainable.2. Facts essential for decision of this revision are as under:--Admittedly the defendant-applicant is owner of the suit house. He is a Khatik by caste. He was in need of money to the tune of Rs. 4500/-. Accordingly he executed a registered deed of mortgage by way of conditional sale on 24-2-1966 and took back the property on lease from the plaintiff-mortgagee by executing a rent-note on the same day i. e. 24-2-1966, wherein he agreed to pay Rs. 67.50 p. by way of rent per month. Bent was not paid by the defendant w. e. f. 24-9-1974. As such, the plaintiff served on the petitioner a demand-cum-quit notice dated 6-10-1976. This notice was served on the defendant on 7-10-1976. Thereafter on 12th Jan. 1977 the plaintiff has brou...
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