Madhya Pradesh Court January 1993 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Fluidomat Limited Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jan-13-1993
Reported in: 1997(57)ECC69
ORDER1. By this petition under Article 226 of Constitution the petitioner seeks to challenge the order dated 13.1.1988 passed by the Asstt. Collector, Central Excise, filed as Ann. 8. 2. The petitioner filed a claim on the ground that the company was entitled to benefit of exemption for each categories (sic) under notification No. 120/75 dtd. 30.4.1975. This claim was turned down on the ground that it was barred by time. 3. Shri Neema, learned Standing Counsel for the Union of India contends that the petitioner ought to have filed this claim for refund within the statutory time as prescribed. Although learned Counsel was permitted in refuting his contention by saying that he can point out that the claims as filed was well within time. Be that is it may be. 4. As pointed out by the Supreme Court in the Madras Port Trust v. Hymanshu International : 1979(4)ELT396(SC) , the plea of limitation should not have been invoked by the Asstt. Collector. It is contrary to the principles as laid dow...
Ghisu Lal Vs. Resham Bai
Court: Madhya Pradesh
Decided on: Jan-12-1993
Reported in: I(1993)DMC258
A.R. Tiwari, J.1. This petition filed under Section 482 Cr. P.C, seeks reversal of the orders passed by the Court below regarding maintenance allowance under Section 125 Cr.P.C. The applicant has been directed to pay maintenance allowance at the rate of Ra. 300/- p.m. to the non-applicant.2. The object behind the benevolent provision of Section 125 Cr. P.C. in to prevent the vagrancy of destitute women and provide speedy remedy A woman left in lurch by her man, if suddenly consigned to a position where the has then less in life. In such cases, law must effectively come to rescue and lend helping hand to combat destitution. In such a predicament those who have thus less in life should have more in law. In 1991(1) MPWN, 241, K. Vimla v. Verraswamy, the Apex Court held as under ;'Section 125 of the Code of Criminal Procedure is meant to achieve a social purpose. The object is to prevent vagrancy and destitution It provides a speedy remedy for the supply of food clothing and shelter to the...
ishwarlal Saraf Vs. Shashikala
Court: Madhya Pradesh
Decided on: Jan-12-1993
Reported in: I(1993)DMC293
Gulab C. Gupta, J.1. Appellant/plaintiff feels aggrieved by the judgment and decree dated 31st July, 1991 passed by Shri M.P. Sahlam, II Additional District Judge, Raigarh in Civil Suit No. 14-A/1990 dismissing his petition for divorce, and challenges legality and validity (hereof in this first appeal filed under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act).2. That the parties were married on 10th July, 1981 in accordance with Hindu rites at Sarangarh, District Raigarh and lived together as husband and wife upto December, 1982 does not teem to be in dispute. Case of the appellant/plaintiff, as available in the plaint, is that the respondent/wife had treated him with cruelty, consisting of her intimate relationship with a youngman at Sarangarh. It if alleged that the respondent used to tease the appellant for his colour and activities by comparing him with her lower and thereby causing cruelty. It is further submitted that the parties had gone to Champ...
Biniyabai Vs. Sikandar Khan
Court: Madhya Pradesh
Decided on: Jan-11-1993
Reported in: 1993(0)MPLJ738
ORDERR.C. Lahoti, J.1. Should the procedural ponderables and technical troublers, such as plea of bar of limitation, be permitted to obstruct the path of justice and defeat rightful claims even though the law, justice and equity all demand the otherwise, is a question to be answered in this order. Indeed they are applications under Order 22, Rule 4, read with Rule 9, of the Civil Procedure Code and Section 5 of the Limitation Act coming up for disposal in bit little peculiar facts and circumstances to be noticed hereinafter.2. The plaintiff, a widow lady in her fiftees, knocked the doors of this Court in the year 1970, raising a substantial grievance of having been deprived of her bread and butter by the defendant having succeeded in coaxing her into executing a deed of sale, adjudged by this Court vide its judgment dated 12-8 1991 to be fictitious document. It is notable that one-half share in 37 Bighas and 16 Biswas of agricultural land in district of Vidisha, where the land is valua...
New India Assurance Co. Ltd. Vs. Omprakash and ors.
Court: Madhya Pradesh
Decided on: Jan-11-1993
Reported in: 1993ACJ767
R.D. Shukla, J.1. This order shall also govern the disposal of Misc. Appeal No. 129 of 1981 (Kailashchandra v. Omprakash). This appeal is directed against the judgment and award dated 12.3.1981 of the Motor Accidents Claims Tribunal, Indore, passed in Claim Case No. 174 of 1979 whereby the claimant-respondent No. 1 has been awarded a compensation of Rs. 35,000/- for sustaining injury resulting in the amputation of leg while alighting from the motor bus owned by respondent No. 3 and driven by respondent No. 2 with a further direction of entire amount to be paid by appellant insurance company.2. The brief history of the case is that claimant was travelling on the motor bus on 22.5.1979. He was alighting from the bus in village Mothla but the driver (respondent No. 2 here) without caring for as to whether the person has alighted down, moved the bus. The claimant because of the jerk came beneath the wheel resulting in the injury, fracture and thereafter amputation.3. The injured filed a cl...
Madhya Pradesh State Road Transport Corporation Vs. Harbhajansingh and ...
Court: Madhya Pradesh
Decided on: Jan-09-1993
Reported in: 1994ACJ647; [1994]79CompCas665(MP)
R.D. Shukla, J. 1. This appeal is directed against the judgment and order dated October 11, 1982, of the Motor Accidents Claims Tribunal, Ujjain, passed in Claim Case No. 1 of 1978, whereby the claimant-appellant has been awarded a lesser amount of Rs. 7,000 for the damage caused to the bus Owned by the claimant-appellant during the accident dated June 28, 1977, at 11 a.m. on Shajapur-Ujjain Road.2. The undisputed facts of the case are that Harbhajansingh is the owner of truck No. M. P. 3064 and respondent No. 2, Mehboobkhan, was the driver at the relevant time, and on the date of the accident he was going from Ujjain to Shajapur.3. Motor-bus No. MPO 9566 was owned by the claimant-appellant, Madhya Pradesh State Road Transport Corporation. It was coming from the opposite direction. There was a collision between the truck and the bus. The truck was insured with respondent No. 3. It is alleged that the alleged collision and the accident occurred due to rash and negligent driving of the t...
Malti Wd/O Nicharelal Vs. Deviram and ors.
Court: Madhya Pradesh
Decided on: Jan-09-1993
Reported in: 1993(0)MPLJ882
R.C. Lahoti, J.1. This judgment shall also govern the disposal of S.A. No. 147/85, the parties to both the appeals being common substantially, and the two appeals arising out of two cross suits, in the circumstances to be noticed hereafter. The main judgment is being delivered in this appeal, though instituted later in point of time before this Court, as this appeal arises out of the suit which had commenced earlier in point of time.2.1. On 9-8-1974, Deviram, the respondent No. 1, instituted Civil Original Suit No. 92-A/74 impleading Maltibai, widow of Nicharelal, and sons and daughters of late Nicharelal as defendants seeking declaration of his title over land S. No. 241 area 1 bigha 16 biswas situated at village Alapur, tahsil Joura, Distt. Morena. Nicharelal had expired sometime in the year 1971. The plaintiff Deviram alleged that late Nicharelal had inducted the plaintiff Deviram as sub-tenant on the suit land sometime in samvat year 2017 (near about B.Y. 1960), ever since when he ...
State of Madhya Pradesh Vs. Chahaganlal S/O Ramlal Dholi
Court: Madhya Pradesh
Decided on: Jan-08-1993
Reported in: 1993CriLJ1495
R.D. Shukla, J.1. This appeal is directed against the judgment and order dated 30th December, 1985 of J.M.F.C. Alot District Ratlam passed in Criminal Case No. 227/81 whereby the accused has been acquitted of the offence punishable under Section 3 read with Section 7 of the Essential Commodities Act (hereinafter referred to as the Act') for committing the breach of the distribution and control order of the sugar by illegally selling the sugar received from the Food Corporation under orders of the authorities.2. The brief history of the case is that accused-respondent was working as a dealer of sugar for Gram Panchayat Dharola Tahisl Alot. As a matter of conditions of licence and the practice the accused was required to take permit of the sugar and thereafter was required to take delivery from the Food Coropration. It was his duty to distribute the sugar as per the orders of the authorities on a fixed rate. It is alleged that this accused obtained 30 bags of sugar on 18-8-1980 and witho...
Shakuntala Vs. Ram Dhayan Mishra
Court: Madhya Pradesh
Decided on: Jan-07-1993
Reported in: I(1993)DMC314
Gulab C. Gupta, J.1. Appellant feels aggrieved by the judgment and decree dated 6-2-1991 passed by Shri Yakub Ali, I Additional District Judge. Shahdol in Civil Suit No. 2-A/1991 decreeing dissolution of marriage by a decree of divorce, and challenges legality and validity thereof in this first appeal filed under Section. 28 of Hindu Marriage Act, 1955 (hereinafter referred to as the Act).2. The respondent-husband filed the present suit seeking dissolution of his marriage with the appellant held on 20th June, 1982 at Shahdol. He alleged that at that time, Gauna ceremony was not performed and, therefore, the appellant-wife did not accompany him to his place and continued to live with her parents. According to the plaint, because of the aforesaid, there was no consummation of marriage and yet the appellant delivered a male child on 2-6-1983 at Shahdol. According to the respondent, the appellant was leading a life of adultery, which furnished him a ground for seeking divorce. The appellan...
Timmi Alias Sukhdeep Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-07-1993
Reported in: 1993(0)MPLJ844
ORDERT.N. Singh, J. 1. Since 11-5-1992, the petitioner is suffering detention under the National Security Act, for short, the 'Act', when an order was passed by District Magistrate, Gwalior under Section 3(3) of the said Act. Petitioner came to this Court assailing his detention on 14-8-1992, but return came from the respondent on 24-11-1992.2. Rightly and forcefully, Shri Gupta has submitted that even the long road on which the respondent travelled from Bhopal to Delhi via Gwalior, brought nothing to this Court through the return. The contention pressed indeedis a short one and that is substantial and forceful. The only contention raised and we decide today to dispose of the petition is based on Sections 3(5) and 14(1) of the Act. That mega-contention is sought to be muted by micro-objection by Shri Roman, contending that Union of India not being made a party, the petitioner is disabled in relying on the provisions cited to derive any benefit therefrom. A few words, we propose to say ...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »