Court : Madhya Pradesh
Reported in : AIR1986MP33
..... liable to partition.for manglu, it is pleaded that he came to live in banskanta and purchased 7.29 acres of land in village kumhari muda. the alleged marriage of shivsingh with suniyabai, widowof ramcharan, is also denied. the joint requisitions as alleged by the plaintiff were also denied by the defendants.5. the defendants further ..... parties has to be evaluated for coming to the conclusion if the two brothers ramcharan and shivsingh remained joint even after the separation of swaroopsingh from the joint hindu family.8-9. it was further argued that thecumulative effect of all the facts andcircumstances would demonstrate that thebrothers had separated long back and therehad been a ..... court in kashibai nathusingh v: tulsabai delansingh lodhi, 1961 mplj 906.17. the clause (aa) in order 41, rule 27, c.p.c. has been inserted by act no. 104 of 1976 (section 87(xiv) 1-2-77). under the amended provision, the appellants had to satisfy and establish that notwithstanding the exercise of due diligence .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP218
..... of age, when married, but before she became 18 years of age, she repudiated her marriage and hence, a decree for divorce be granted under section 13(2)(iv) of the hindu marriage act, 1955 (hereinafter referred as act). respondent husband, no doubt, denied and contested the prayer. trial court answered the relevant issues in favour of the respondent husband ..... 1. this appeal under section 28 of the hindu marriage act (1955) has been preferred by the wife/appellant, aggrieved by the judgment and decree dated 15-9-1980, passed by the district judge, gwalior.2. parties are hindu, married at lashkar on 23-9-1961. wife/applicant filed an application for divorce from the respondent husband, on the ground that she was below 15 years .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP225; 1986MPLJ114
..... the order of the district judge, gwalior, dated 29-2-1980.2. on 9-10-1978, wife-appellant filed anapplication under section 9 of the hindu marriage act thereinafter referred to as the act) in the court of the district judge, gwalior and prayed for a decree for restitution of conjugal rights. the facts disclosed in this application are that ..... back his wife, the rest would have been thrashed out when both met together under the umbrella of the decree for the restitution of conjugal rights. a hindu wife, on marriage, not only passes to the family of husband, but also adopts his 'gotra', the relationship between the spouses imposed a duty on the husband to protect ..... she was married to the respondent on 28th june, 1972 and after marriage, both lived together. during this period, she was mistreated and assaulted by the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1985]155ITR629(MP)
..... at this stage only a notice has been issued and no action as such has been taken ; that the petitioner has alternative remedies available under the said act in which there is a provision for appeal before the cwt(appeals) and thereafter further appeal before the income-tax appellate tribunal. it is further contended ..... . the petitioner has, therefore, filed the present petition to quash the notice dated november 27, 1981, annexure-h, issued under section 17 of the w.t. act.4. according to the petitioner, the notice for reopening the assessment was wholly without jurisdiction. further, according to the petitioner, presumably the first respondent had purported to ..... in brief thus : the petitioner, who owns movable and immovable properties, has been submitting his wealth-tax returns according to the provisions of the w.t. act. the assessment year involved in the present petition is 1974-75. in his wealth-tax returns, the petitioner gaveall the necessary details about the property held by him .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1985MPLJ288
..... on 28-9-1958 who gave her one tablet of largactyl of 25 mg. the defendant was then posted at shahdol as assistant surgeon since 3-4-1955 but he had no previous occasion to examine her. this was his first posting after his return from england where he could not qualify for the f.r ..... that the defendant had the bona fide intention to cure the deceased and he perhaps wanted to impress the collector about his efficiency. his over-confidence made him act in great haste without realising the consequences. all these tests were necessary because there are similarities in the symptoms of appendicitis and cholecystosis, such as abdominal pain, ..... removed subsequently. finding appendix to be normal, he proceeded to remove the gall bladder without further investigation and without preparing the patient for the second operation. he acted rashly in removing the gall bladder and without caring for the ill-effects of keeping the patient under chloroform for 2 hours especially when her kidney was affected. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1985MP115; 1985MPLJ444
..... appreciate the rival contentions of the parties, it would be useful to quote the preamble as also the relevant provisions of the act. the preamble of the act is as follows : --'an act to better economic condition of holders of agricultural land in the weaker sections of the people by providing further relief from agricultural indebtedness ..... of money' as under : --'(d) 'lender of money' means a person advancing loan to a holder of agricultural land, whether registered under the madhya pradesh money lenders act, 1934 (no. 13 of 1934) or not;'section 2(f) defines 'prohibited transaction of loan' as stated below :'(f) 'prohibited transaction of loan' means a transaction ..... these facilities and provisions are meant mainly for economically and socially backward people. therefore, in our opinion, the words used in section 2(c) of the act which defines 'holder of agricultural land', is restricted to only those persons in the weaker section of the people' and not every holder of agricultural land who .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP138; 1985MPLJ408
..... the husband. respondent filed an application in the court of district judge, gwalior, under section 13 of the hindu marriage act, 1955 for a decree of divorce on the ground of cruelty. the process was issued by the district judge, by registered-post, but the endorsement on the envelope is that ..... of judicial separation, passed by the district judge, gwalior on 15-9-1981, the appellant-wife has preferred this first appeal under section 28 of the hindu marriage act, 1955 (hereinafter referred to as the act), though originally this appeal was wrongly presented under section 96 of the code of civil procedure.2. the appellant is the wife and the respondent is ..... order 9, rule 13, c.p.c. is trying to challenge the ex parte order by the district judge in forum given to him under section 28 of the act. i am fortified in my view by the judgment of division bench of this court reported in 1966 mplj 507 (ramlal v. rewa coal field ltd., calcutta). this .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1985MP85
..... no such procedure is prescribed by other acts dealing with dissolution of marriages, namely, the special marriage act, 1954 and the hindu marriage act, 1955. that is why in uttar pradesh, by an amending act (act no. 30 of 1957), paragraphs one to five of section 17 of the indian divorce act, 1869 have been omitted. in our ..... opinion, therefore, there is an urgent need for making suitable amendments in the indian divorce act, 1869 as made in uttar pradesh by act ..... to observe that in genuine cases, the procedure prescribed by section 17 of the indian divorce act, 1869, requiring confirmation by the high court of a decree for dissolution of a marriage made by district judge, prolongs the agony of the affected parties even though none of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1986]157ITR103(MP)
..... judicial decisions. thereafter, in cit v. raman & co. : [1968]67itr11(sc) , the court defined the expression 'information' in section 147(b) of the i.t. act, 1961, as 'instruction or knowledge derived from an external source concerning facts or particulars, or as to law, relating to a matter bearing on the assessment'. that definition has ..... not express his satisfaction to start proceedings under section 147, but he expressed that satisfaction because of the directions of the commissioner.7. section 147(b) of the act reads :' if--.........(b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the income-tax ..... newspaper society v. cit : [1979]119itr996(sc) .5. learned counsel for the revenue, on the other hand, contended that the income-tax officer did not act on the audit objections only but thereafter made enquiries from the assessee itself, called its account books, examined them and it is only thereafter that he prepared his .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1985MP42; 1985MPLJ32
..... 652, putting the most liberal construction upon the relevant legislative entry so that it may have the widest amplitude: navinchandra v. commr. of lt. air 1955 sc 58. the entries in the different lists should be read together without giving a narrow meaning to any of them: state of bombay v. balsara ..... both uttar pradesh high court (abolition of letters patent appeals) (amendment) ordinance, 1972 and uttar pradesh high court (abolition of letters patent appeals) (amendment) act 1972 are valid enactments, duly enacted by the state legislature. therefore, no special appeal is maintainable against the order of the single judge passed in a proceeding ..... uttar pradesh high court (abolition of letters patent appeals) (amendment) ordinance 1972 and the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1972 are technically speaking on a matter which is within the exclusive competence of the parliament in that they touch a question of'constitution and organisation' of .....
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