Madhya Pradesh Court November 1990 Judgments
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Devi Prasad S/O Harishchand Vs. Babulal S/O Bhikaram Shivhare
Court: Madhya Pradesh
Decided on: Nov-12-1990
Reported in: 1990(0)MPLJ480
ORDERR.C. Lahoti, J.1. The defendant has come up in appeal aggrieved by an order of temporary injunction passed by the trial Court restraining the defendant/appellant from alienating the suit property and executing any sale-deed either in favour of Gurucharansingh or any other person.2. The plaintiff/respondent has filed a suit for specific performance of an agreement to sell of the suit property said to have been entered into by the defendant in favour of plaintiff on 6-5-1988. The consideration recited is Rs. 20,000/- out of which Rs. 10,000/- are said to have been paid simultaneously with the execution of the agreement. The defendant has denied the execution of the agreement and receipt of part consideration. On the other hand, the plea is that on 17-4-1988 he has entered into an agreement to sell the suit property in favour of his tenant Gurucharansingh and Gopalsingh, parting with possession in their favour in part performance of the agreement. Admittedly, the possession is not wi...
Suresh Deole Vs. Chief Commissioner of Income-tax and anr.
Court: Madhya Pradesh
Decided on: Nov-08-1990
Reported in: [1991]188ITR741(MP)
A.G. Qureshi, J. 1. This order shall govern the disposal of M. P. No. 1019 (Suresh Deole v. Chief CIT) and M. P. No. 1077 of 1989 (Avinash Kutumbale v. Chief CIT). 2. The petitioner in M. P. No. 1019 of 1989, Suresh Deole, is practising as an architect since 1970. He obtained his degree in Architecture in the year 1969 from Maulana Azad College of Technology, Bhopal. The petitioner was a duly registered valuer under the provisions of the Wealth-tax Act, 1957, vide order of the Central Board of Direct Taxes dated January 20, 1986. Thereafter, Section 34AB and other corresponding provisions of the Wealth-tax Act, 1957 (hereinafter called 'the Act'), were amended by the Finance Act of 1988 with effect from June 1, 1988, and the name of the Chief Commissioner was substituted in the place of the Central Board of Direct Taxes in respedt of according registration. The provisions contained in Chapter VII-B of the' Act were also amended with effect from June 1, 1988, and Section 34AE was insert...
Sugand Bai Vs. Ramchandar Balahi
Court: Madhya Pradesh
Decided on: Nov-08-1990
Reported in: I(1991)DMC399
D.M. Dharmadhikari, J.1. This is an appeal by the wife under Section 28 of the Hindu Marriage Act, 1955 against the order dated 18-9-1989 of the First Additional Judge to the Court of District Judge, Sehore refusing to grant a decree of divorce on the alleged ground of cruelty. The case of the wife, in brief, was that the husband used to physically assault the wife and ill-treat her. A specific case of physical assault pleaded was that the husband caused injury on the head of the wife with a sickle and chain.2. The husband opposed the petition for divorce denying the alleged acts of cruelty on his part. His case was that they lived a happy married life for more than ten years but they had no issues. The husband alleged that the wife deserted the house of the husband and left matrimonial home along with her uncle.3. On the pleadings and evidence led by the parties, the trial Court by the judgment under appeal reached the finding against the wife and held that the alleged acts of cruelty...
Munnidevi W/O Navalsingh Vs. Sessions Judge
Court: Madhya Pradesh
Decided on: Nov-08-1990
Reported in: 1993(0)MPLJ310
ORDERK.K. Verma, J.1. Applicant Munnidevi with Shri Pratap Singh. Advocate. Accused Kallu Pathak's counsel Shri A. K. Bora.C. S. Dixit. Dy. Government Advocate is in attendance to assist the Court.They are heard. 2. Admitedly Kallu Pathak has surrendered to his bail. Admittedly Shashi Sharma is in jail. Arguments on charge have been heard and orders have been reserved by the learned 3rd Additional Sessions Judge, Gwalior. Learned counsel appearing before me say that they have no grievance if the trial proceeds before the Judge in question. Now apparently everything is all right. The things are now running satisfactorily even from the present applicant's point of view. I have seen the report of the learned Sessions Judge, Gwalior and also the copy of the order-sheet of the Sessions Case.3. The learned Sessions Judge, Gwalior would be well to insist that every bail application discloses on its face whether the application is the first application or the second application or the third ap...
Bharat Singh Vs. Balwant Singh and ors.
Court: Madhya Pradesh
Decided on: Nov-07-1990
Reported in: II(1991)ACC664
ORDERA.G. Qureshi, J.1. This appeal is directed against the award passed by the Second Additional Motor Accidents Claims Tribunal, Indore in Claims Case No. 59 of 78 on 1980.2. The facts leading to this appeal, in short, are that the present appellant filed a claim before the lower Tribunal alleging that on 6.11.1977 at about 5.15 p.m. he was going on a cycle with the milk pot from village Kishanpura to Umaria. He was driving the bicycle very cautiously on the left side of the road when he reached near the Rasalpura Gate respondent No. 2 came from the Indore side driving truck No. MPN-5895 rashly and negligently with speed, and while so driving the dashed the front portion of the truck against the cycle on which the appellant was riding. Due to the dash the petitioner fell down and received injuries on both the legs, right hand and other parts of the body. He has admitted in the M.Y. Hospital Indore from 7.11.77 to 9.11.77. and his right leg was plastered for a period of three months. ...
Pooransingh Prabhudayal Singh Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Nov-05-1990
Reported in: 1993(0)MPLJ646
ORDERK.K. Verma, J.1. This is a complainant's revision from an order of bail under Section 439, Criminal Procedure Code passed by the 4th Additional Sessions Judge, Gwalior, in bail application No. 2328 of 1990 decided on 16 -10-1990.2. Non-applicant 2 Ramgopal was a police constable at P.S. Bilawa (District Gwalior). On or about 18th February 1979 Balbhadrasing was shot at village Sikroda in the morning of 18th February 1979. The First informant, a cousin of deceased Balbhadra Singh named N.A. 2, Ramgopal as the man who had shot Balbhadra Singh. Ramgopal's brother Harbhajan was allegedly present with Ramgopal. It is not in dispute that Antri Police had showed the aforementioned Harbhajan Singh as the sole accused, because N. A. 2 Ramgopal was described by the police as an absconding accused. The Sessions Case (S.T. No. 103/80) was decided by the then 4th Additional Sessions Judge, Gwalior on 8-12-1980. He acquitted Harbhajan Singh of the charge under Section 302 read with Section 34, ...
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