Court : Madhya Pradesh
Reported in : AIR1960MP142
..... these are proceedings for the confirmation of a decree nisi. the obvious intention of the legislature, as expressed in section 17 of the act is that the high court, upon a reference for confirmation should review the entire evidence and come to its own conclusion as to whether the facts ..... between the parties for the purpose of obtaining a divorce. the deputy government advocate, who appeared for the legal remembrancer on a notice as required by section 17a of the act, also stated that there was no evidence of collusion between the parties and that the state government had no objection to the decree being confirmed.,5. ..... corespondent chuttan at mandla for the last three years and that she had also begotten a son from him.he, therefore, filed the present petition under section 10 of the act for the dissolution of his marriage with his said wife, the respondent roshni singh, on the ground that since the solemnization of his marriage with her, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP86
..... draftsmen, use of repetitive language. it would be seen that the explanation under the definition of khudkasht occurring in the new act was located under sub-section (2) of section 4-a of old act which prescribed that ordinary home farm land, to be eligible for being regarded as sir land, had to be continuously cultivated by ..... definition of khudkasht. relocation is not unusual in a consolidating enactment. in my opinion, the proper place for the explanation was under sub-section (3) of section 68 of the new act. even under the definition of khudkasht, it was not entirely out of place since that word was used merely for describing home-farm ..... meaning therein assigned to them unless there is anything repugnant in the subject or context, provided those words have been used or explained in those acts. in section 2 (2) of the central provinces tenancy act, 1920, 'agriculture' includes-'(a) the raising of annual or periodical crops and garden produce; (b) horticulture; (c) the planting and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP242; 1960CriLJ1093a
..... , of opinion that even though the accused might have been drunk to a certain extent, he could not, under the circumstances, claim any benefit under the provisions of section 85 of the indian penal code.12. the conviction of the appellant is thus proper and it is upheld. the sentence awarded is also proper. the appeal is accordingly ..... history of english law (1937) 441).7. it is this negative concept that is emphasized in the indian penal code. therefore, in order to bring a case within the section, the thing which intoxicated the person should have been administered to him 'without his knowledge' 'or 'against his will'. the expression 'without his knowledge' presents no difficulty. it ..... say : 'it is a muscular contraction that results from an operation of the will'.in the context in which the word 'will' has been used in the section, the muscular movement constituting the act must be compelled by the immediate force of the unfettered will i.e. by free will, as opposed to a threat of force .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP299
..... for the filing of which a definite period of limitation is prescribed, should be thrown out in limine if that period is exceeded, unless the principles contained in section 5 of the limitation act apply, and sufficient cause is made out. clearly, in applications for writ, no such mechanical process would be possible. something approximating to a rule of limitation in this .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1960]11STC64(MP)
..... the sales tax whether or not he realises it from the customer. it is the dealer who is liable to pay the tax and his liability is founded on section 4 of the act. it does not depend on the dealer's ability to recover the tax from the customer or his willingness to do so.7. in this view of the ..... the consumer and not on the dealer, who is only an agent of the government for the collection of the tax. there is no warrant for such an assumption. under section 4 of the act, which is the charging section, it is the dealer who is liable to pay the tax. the dealer is required to submit the returns of the turnover. under ..... sale price or by collecting it separately in addition to the sale price. the petitioner bases himself solely on section 8-b of the act which says :-realisation of sales tax only by registered dealers.-(1) no dealer, who is not registered under section 8, shall realise from the purchaser any tax as such on sale of goods:provided that nothing in this .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP367
..... . indian high courts seems to be that a declaration which affects only the pecuniary relationship between the plaintiff and a defendant does not' come within the purview of section 42 of the specific relief act and a. suit for such a declaration is not maintainable. i am fortified in this view by a ruling reported in calcutta jute manufacturing company, limited v ..... of an injunction restraining the state government from recovering the amount. the learned judge of the lower court found that the claim in suit was governed by section 7(4)(c) of the court-fees act and hence ad valorem court-fee on rs. 9075/- was liable to be paid. this revision petition, in my opinion can be disposed of on only .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP225
..... it was correctly not pressed seriously.33. the learned counsel for some of the petitioners shri a.p. sen also contended that explanation (ii) to section 2(g) of the act, which was operative for the post-constitution period was void and inoperative as it was in conflict with article 286 of the constitution.34. in ..... 1954 scr 1122 : (air 1954 sc 403) the supreme court upheld this decision. the result, therefore, was that the second or amended explanation ii to section 2(g) of the act was obliterated from the statute book, bringing into operation the original or the first explanation (ii).35. this first explanation (ii) was based on the nexus ..... whenever applicable.42. the matter may be considered from another point of view, also. the first explanation (ii) occurs in the definition section of the act, which is headed with the expression: 'in this act unless there is anything repugnant in the subject or context, the words therein defined shall have those meanings assigned to them'. the definition .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP169
..... been decided.'after going through the report it is clear that it has no application to the present suit. there the 'possessory suit' was one under section 9 of the specific relief act and that was stayed because of a counter suit for declaration of 'title' having been filed by the opposite party in the same court.13. the ..... if the plaintiffs prove that issue, they get a decree for ejectment on the ground of forfeiture within the meaning of section 111(g) of the transfer of property act and, in that event, section 116 of the evidence act will also come into play.if they do not succeed in proving that issue, their suit will be dismissed without going into ..... of.inherent powers to stay an otherwise competent suit can be exercised only for the ends of justice or to prevent abuse of the process of the court under section 151 of the code of civil procedure. that jurisdiction must be sparingly exercised. courts have evolved certain well defined principles for the exercise of that power. it is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP295
..... his default in the presence of the decree-holder, a subsequent petition on the self-same ground is barred by the principle of res judicata underlying the provisions of section 11, explanation v, civil procedure code.'the facts of that case were quite different. in that case, the objection was about attaching certain property and in fact those properties ..... exactly in the way the appellants contend. it was observed in that case that 'most of the argument before me was confined to the question of restitution under section 144, civil procedure code, but the real question is whether the plaintiffs had a right to execute that decree for costs'. further on, his lordship observed that a decision in ..... right to sell -/9/6 share of the village. that suit was decreed. by that time, on 31-3-1951, the m. p. abolition of proprietary bights act came into force and the property in the village share vested in the state. the result was that the respondent could not get possession of the property.2. an .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP192
..... in occupation of the property after the determination of the lease by the notice dated 4-1-1956 created a fresh tenancy under section 116, t. p. act which is entirely different from section 113. what the former section contemplates is that on one side there should be an offer of taking a renewed or fresh demise evidenced by the lessee continuing ..... of a second notice to quit also constituted waiver of the first notice; that on account of the said acceptance of rent a fresh tenancy was created under section 116, t. p. act; that, therefore, permission to serve notice to quit granted to the plaintiffs by the rent controller before 4-1-1956 could not be availed of by him ..... to quit was waived then there was an implied creation of a new lease from month to month under section 116, t. p. act. we do not agree with this either. as we have endeavoured to point out earlier, section 116, t. p. act cannotcome into play when notice to quit is held to have been waived.7. for all these reasons, .....
Tag this Judgment!