Madhya Pradesh Court March 1983 Judgments
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Alyson Vs. Rodney Valentine D'bras
Court: Madhya Pradesh
Decided on: Mar-09-1983
Reported in: AIR1983MP160
S.K. Seth, J.1. The case has come to us on a reference made by the Fourth Additional Judge to the Court of District Judge, Bilaspur under Section 17 of the Divorce Act. In spite of notice having been served, there has been no appearance either on behalf of petitioning wife Alyson or respondent-husband Rodney Valentine D'bras.2. The relevant facts, briefly stated are as follows: The marriage between the petitioning wife and the respondent-husband was solemnized at Sacred Heart Church, Bilaspur on 27-10-1980. After the marriage, the respondent-husband lived with petitioning wife at Rourkela where the petitioning wife was working as a Principal in a school. On 2-2-1981, however, the respondent-husband took away all his things including the marriage ring from the house and left the town. The petitioning wife made the application under Section 10 of the Divorce Act in the Court of District Judge, Bilaspur on 4-2-1981 praying that her marriage with the respondent-husband be dissolved on the ...
Bablu and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-09-1983
Reported in: 1984CriLJ237
G.L. Oza, J.1. This is an appeal submitted by the three appellants against their conviction under Section 302 read with Section 34, Penal Code, and sentence of imprisonment for life awarded by Additional Sessions Judge, Shahdol.2. The prosecution case at the trial was that the deceased Ganga was the real brother of Sihrital (P. W. 1) and the appellant Bablu and the two other appellants, Kodu and Rampallu alias Pallu are sons of appellant Bablu. Sankhu (P. W. 4) is the daughter of the deceased Ganga and Ramkaliya (P. W. 5) is the wife of the deceased. It is alleged that on 26-6-1979, the deceased was working in his Badi in the afternoon and suddenly, the deceased was attacked by the three appellants, by lathi, axe and spade, Sankhu (P. W. 4) saw the occurrence and raised an alarm. Thereupon, Chhedu (P. W. 3) and Ramkaliya (P. W. 5) rushed on the spot and they were informed by Sankhu (P. W. 4) that deceased was assaulted by the appellants. These witnesses saw the deceased injured and wen...
Jawaharlal Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-08-1983
Reported in: [1983]144ITR620(MP)
Vijayvargiya, 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, Indore, has referred the following questions of law for the opinion of this court:RA Nos. 95 & 96: A.Ys. 1972-73 & 1973-74 '1. Whether, under the facts and in the circumstances of the case, the Tribunal was right in law in holding that the ITO was justified in initiating proceedings under Section 147 ? 2. Whether, under the facts and circumstances of the case, the Tribunal was correct in law in confirming the order under Section 143(1)/147 clubbing the share incomes of the two minor children, while the same was not shown ? 3. Whether, under the facts of the case as well as the provision of law, without cancelling the already completed assessment of the minors, in respect of the share incomes from a firm, wherein their father was also a partner, the share incomes of the minors could be again assessed in the hands of th...
Radhakishan Agrawal Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Mar-08-1983
Reported in: [1983]54STC118(MP)
R.K. Vijayvargiya, J.1. By this reference under Section 44 of the Madhya Pradesh General Sales Tax Act (hereinafter referred to as 'the Act') the Board of Revenue, Madhya Pradesh, Gwalior, on a direction made by this Court has referred the following question of the law for the opinion of this Court :Whether, on the facts and in the circumstances of the case, the Tribunal was justified in arriving at the decision that there was no sale of the stone metal (gitti) by Govindram Hanuman Prasad to the assessee and consequently, the amount of Rs. 7,930 paid by the assessee to Govindram Hanuman Prasad was not the price of the stone metal (gitti) but was in the form of a royalty ?2. The material facts giving rise to this reference briefly stated are as follows: The assessee, M/s. Radhakishan Agrawal, carries on business of the supply of stone metal (gitti). The assessee was assessed to sales tax under Section 18(6) of the Act for the turnover between 11th August, 1965 and 31st January, 1967. Th...
Munna Singh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-03-1983
Reported in: 1983CriLJ1868
S.K. Seth, J.1. The Additional Sessions Judge, Chhatarpur vide his judgment dated 21-7-1980 passed in Sessions Trial No. 33 of 1980 convicted accused Munna Singh under Section 302 of the Penal Code and sentenced him to imprisonment for life. This appeal by the accused is directed against his abovesaid conviction and sentence.2. The prosecution case, briefly stated was as follows:The incident took place on the night of 1-11-1979 in village Kusuma of Chhatarpur district. About 10, 15 villagers were gambling with the help of playing cards near a well called Bhadhauwa Kua in the village. Accused Munna Singh and deceased Waheed were amongst those who were standing nearby and watching the game. Accused Munna Singh was having a lathi to which a farsa was attached. All of a sudden, he made an assault on the deceased with the abovesaid weapon. On seeing this, all those who were gambling or were watching the game fled away from there. These included P. W. Devideen, P. W. 4 Har Prasad, P. W. 5 Bh...
Controller of Estate Duty Vs. Dulichand Chopra
Court: Madhya Pradesh
Decided on: Mar-02-1983
Reported in: [1984]148ITR144(MP)
Sohani, J.1. By this reference under Section 64(1) of the E.D. Act, 1953 (hereinafter referred to as 'the Act'), the Appellate Tribunal, Indore Bench, has referred the following questions of law to this court for its opinion : '(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the deceased continued to remain a co-owner in all the properties including the properties given away to the four sons and the agricultural land retained by him and instead of holding as joint tenants, they held all the properties as tenants in common (2) Whether the Appellate Tribunal was justified in law in holding that in order to ascertain the shares of the lineal descendants of the deceased, a notional partition of the smaller HUF is also to be considered and the shares given to the sons, wife/wives should be excluded while determining the shares of the lineal descendants for the purposes of Section 34(1)(c) of the Estate Duty Act, 1953?' 2....
Tivdilal and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-01-1983
Reported in: 1984CriLJ285
S.K. Seth, J.1. The Additional Sessions Judge, Seoni vide his judgment dt/- 25-2-1981 passed in Sessions Trial No. 3 of 1981 convicted six persons namely Tivdilal, Ramlakhan, Gopal, Premlal, Uderam and Balakram under Sections 302/149 and 147 of the I. P. C. and sentenced them each to imprisonment for life and rigorous imprisonment for two years. Further, he convicted one of them namely Tivdilal under Section 323 IPC. and sentenced him to rigorous imprisonment for one year. It was ordered by him that the sentences awarded to the accused would run concurrently. It is having been aggrieved by their abovesaid convictions and sentences that the six accused have filed the present appeal in this Court.2. Accused Tivdilal, Uderam and Balakram were brothers. Accused Premlal was son of Balakram. All the accused were residents of village Tharka Kheda in Seoni district. Deceased Jhamma Prasad was also a resident of the said village. The house of accused Tivdilal was situated at a distance of only ...
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