Madhya Pradesh Court September 1981 Judgments
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Paster J.S. Singh Vs. Smt. Jyotsana Singh and anr.
Court: Madhya Pradesh
Decided on: Sep-15-1981
Reported in: AIR1982MP122
C.P. Sen, J. 1. This matter comes up before us under Section 17 of the Divorce Act, 1869, for confirmation of the decree nisi for divorce granted in favour of the petitioner, Paster J. S. Singh and against his wife Smt. Jyotsana Singh (respondent No. 1) by the District Judge, Jabalpur, on 7-3-1981.2. Before the District Judge, the petitioner filed a suit under Section 10 of the Di-vorce Act seeking dissolution of his marriage with respondent No. 1, Smt. Jyotsana Singh. The marriage between them was performed on 27-12-1972 in the Methodist Church, Khursipar Baihar, district Balaghat. As a result of this marriage, they have three children. They lived peacefully up to the year 1976. Both of them are teachers. While respondent No. 1 continued serving at Baihar, the petitioner was transferred to Jabalpur and then to Narsimhapur for about a month and again retransferred to Jabalpur. As a result of the transfer, the petitioner resided at Jabalpur, while his wife, respondent No. 1 continued to...
Babulal Chowdhary Vs. Editor and Publisher of Local Hindi Daily Nav Bh ...
Court: Madhya Pradesh
Decided on: Sep-11-1981
Reported in: 1982CriLJ1190
G.P. Singh, C.J.1. This order shall also dispose of Misc. Petns. Nos. 26 and 154 both of 1981.2. The petitioners in all these petitions are 'B' Class prisoners. They challenge the order dated 17th Dec. 1980 passed by the State Government abolishing the division of prisoners into A, B and C Classes and the order of the Inspector General of Prisons, dated 29th Dec. 1980, directing that the rules in the Jail Manual relating to the classification are rendered ineffective in view of the order of the State Government. These orders are exhibited in Misc. Petn. No. 24 of 1981 as Annexures R-III and R-IV.3. Section 59 of the Prisons Act 1894, empowers the State Government to make rules on a number of matters. Under this section, the State Government has power to make rules 'for the classification and separation of prisoners.' In exercise of this power the State Government mads rules which are contained in the Ja.il Manual. Rule 368 in this context is relevant which says that convicted criminal ...
Tulsibai (Deceased, Through L.Rs.) Vs. Bherulal
Court: Madhya Pradesh
Decided on: Sep-10-1981
Reported in: AIR1982MP26
M.D. Bhatt, J. 1. This is the appeal of the plaintiff, now deceased, and continued by her Lrs. against the lower appellate court's judgment and decree, affirming the trial court's dismissal of her suit.2. Plaintiff Tulsibai, now deceased, had filed the suit against Sitaramdas who died during the pendency of the suit and also against one Bherulal. It was alleged in the suit that Sitaramdas had executed a bogus sale-deed dated 22-4-1965 in favour of the other defendant Bherulal, without any right and title which actually vested in the plaintiff alone. It was urged in this connection that the prior sale-deed dated 9-2-1949 on the strength of which the defendant No. 1 Sitaramdas had claimed his own title and on the strength of which he had sold the house in question to the other defendant Bherulal, was a forged and fictitious document, without any consideration, and likewise forged, was one rent note dated 9-2-1949. The plaintiff, hence, claimed the following three reliefs in her suit.(1) ...
isa and anr. Vs. Kashibai and ors.
Court: Madhya Pradesh
Decided on: Sep-10-1981
Reported in: AIR1982MP199
Vijayvargiya, J.1. This order shall also dispose of Misc. Appeal No. 181 of 1979 (Kashibai v. Isa).2. These appeals are directed against the award dated 8-5-1979 passed by the learned Member, Motor Accidents Claims Tribunal, Mandleshwar, in Claim Case No. 9 of 1978.3. The facts giving rise to these appeals briefly stated are as follows: On 14-8-1977 the deceased Rohidas was going from village Oon to Khargone on his motor-cycle No. M. T. W. 5610. Passenger Bus No. M. P. F. 8127 owned and driven by the appellant No. 1 in Misc. Appeal No. 173 of 1979 and insured with the appellant No. 2 came from the opposite direction and dashed against the motor-cycle of the deceased with the result that the deceased Rohidas sustained severe injuries and eventually succumbed to the injuries caused to him in the accident. The claimant who are respondents in Misc. Appeal No. 173 of 1979 and appellants in Misc. Appeal No. 181 of 1979 submitted an application under Section 110-A of the Motor Vehicles Act be...
Nanda and ors. Vs. Lachhman and ors.
Court: Madhya Pradesh
Decided on: Sep-09-1981
Reported in: AIR1982MP8
M.D. Bhatt, J. 1. Order in this appeal would equally govern the disposal of the Civil Appeals Nos. 315 of 1970 and 316 of 1970, inasmuch as, in all these three appeals, where the respondents-plaintiffs art exactly the same, similar point is involved, pertaining to the death of one of the respondents-plaintiffs i. e. Badrilal, and the effect of such death on these pending appeals. 2. Respondents-plaintiffs had filed the three suits against different sets of defendants in the matter of their right and title to the respective disputed lands against the respective sets of defendants. All the suits were decreed by the trial Court; and the respective appeals preferred by the defendants were dismissed by the lower appellate Court. Thereafter, the defendants filed the present second appeal and so also the other two. 3. During the pendency of these three appeals, Badrilal, one of the respondents-plaintiffs, expired about 5 or 6 years back from .now, with no steps taken so far by the appellants-...
State of Madhya Pradesh Vs. Nagar Palika, Mandsaur
Court: Madhya Pradesh
Decided on: Sep-04-1981
Reported in: AIR1981MP263
Mishra, J.1. This is an appeal preferred by the State of Madhya Pradesh against the order dated 24-12-1970, passed on reference under Section 18 of the Land Acquisition Act, 1894, by the Addl. District Judge. Mandsaur, whereby the compensation awarded by the Land Acquisition Officer has been enhanced.2. Facts essential for decision of this appeal are as under : Proceedings were started under the Land Acquisition Act, 1894 (for short, the Act) at the instance of the Madhya Pradesh Housing Board, Sub-Division, Ujjain, for acquisition of the land for constructing its hospital and staff quarters. In these acquisition proceedings besides other land the land measuring 1.12 bighas, out of the land comprised in survey No. 394/1, situated at Mandsaur and 13 bighas out of the land comprised in survey Nos. 96 to 106, situated in village Kityani, belonging to the Nagar Palika, Mandsaur (respondent-herein) were proposed to be acquired. Notifications under Section 4(1) and Section 17 of the Act were...
Commissioner of Income-tax Vs. Anand Transport Co. Pvt. Ltd.
Court: Madhya Pradesh
Decided on: Sep-03-1981
Reported in: (1982)28CTR(MP)55; [1982]137ITR300(MP)
G.P. Singh, C.J.1. This is a case stated by the Income-tax Appellate Tribunal at the instance of the Commissioner of Income-tax referring for our answer the following questions of law :' 1. Whether, on the facts and in the circumstances of the case, the Income-tax Officer was competent to reopen the assessment under Section 147(b) on the basis of the finding contained in the Appellate Assistant Commissioner's order dated March 21, 1973, for taxing the income under the head ' Capital gains' ? 2. Whether, on the facts and in the circumstances of the case, the Income-tax Officer's action in initiating proceedings under Section 147(b) for taxing the amount of compensation under the head ' Capital gains ' amounted to an attempt to destroy the finality of the assessment ?' 2. The facts briefly stated are that in the accounting period relevant to the assessment year 1970-71, the assessee received Rs. 41,300 as compensation under the Motor Vehicles Act, 1939, consequent upon the nationalisatio...
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