Madhya Pradesh Court October 1993 Judgments
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Gilt Pack Ltd. Vs. Assistant Collector of Central Excise
Court: Madhya Pradesh
Decided on: Oct-30-1993
Reported in: 1994(45)ECC59; 1994LC1(MP); 1993(69)ELT222(MP)
ORDERA.G. Qureshi, J.1. This order shall also govern the disposal of Misc. Petition No. 723 of 91 (M/s. Neo Sack Limited v. The Asstt. Collector, Central Excise, Indore) wherein identical point of law is involved for decision.2. The facts leading to this petition, in short, are that the petitioner is a registered Company incorporated tinder the provisions of the Companies Act, having its registered office at Indore. The Company manufactures HDPE woven sacks, HDPE tapes and HDPE fabrics and has a factory installed at Pitampur, District Dhar. According to the petitioners to remove the cascading effect of the Central Excise duties, MODVAT (Modified Value Added Tax) was introduced from 1st March, 1986 through the introduction of a new Part AA in Chapter V of the Central Excise Rules, 1944 (hereinafter referred to as Rules) by Notification No. 176/86 dated 1-3-1986 with effect from 1-3-1986. In the aforesaid scheme transitional provision in the Rules, vide Rule No. 57H was introduced, which...
R.S. Upadhyaya Vs. Commissioner, Coal Mines Provident Fund and ors.
Court: Madhya Pradesh
Decided on: Oct-29-1993
Reported in: [1994(68)FLR278]; (1994)IILLJ1204MP
D.M. Dharmadhikari, J.1. This petition was filed for payment of arrears of salary, bonus and terminal benefits including pension and gratuity. The petitioner retired from the post of Upper Division Clerk from the service under the Regional Commissioner, Coal mines Provident Fund, Jabalpur respondent No. 2 on 31st of January, 1988 on attaining the age of superannuation. His services are governed by the statutory rules namely Coal Mines Provident Fund (Staff and Conditions of Service) Regulations, 1964.2. During the pendency of this petition, on June 16, 1993, the petitioner's aforesaid claims were paid in the total sum of Rs. 43,334.15 p. The petitioner now only claims the relief of payment of interest on the said sum for the period from the date it was due to the date of its actual payment.3. Few necessary facts for considering the claim of interest set up by the petitioner may now be stated. As has been explained by the Regional Commissioner, Coal Mines Provident Fund, Jabalpur respon...
Babu Lal Vs. Krishna Bai and anr.
Court: Madhya Pradesh
Decided on: Oct-29-1993
Reported in: I(1994)DMC390
V.D. Gyani, J.1. This revision petition directed against the revisional order dated 7th Feb. 1989 passed in Cr. R. No. 8/88 of 1st Addl. Sessions Judge, Shajapur, modifying Trial Court's order Under Section 125 Cr.P.C. enhancing the amount of maintenance from Rs. 150/- to Rs. 900/- in respect of respondents Krishnabai and her son Rajesh aged about 5 years at the time of passing the impugned order.2. Although there is no formal stay order passed in this proceeding, the record of the Courts below has been requisitioned vide order dated 8-8-91 when an application for early hearing moved by the respondents was considered and it was directed that the petition be listed for final hearing immediately on receiving the record, more than 2 years have already rolled by. The order of maintenance was passed on 15-10-1987. Since then the petitioner has not paid the amount of maintenance as ordered by the Courts below as is evident from the I.A. No. 726/91, the non-applicants have no other source of ...
In Re: Jinendra Kumar JaIn and anr.
Court: Madhya Pradesh
Decided on: Oct-27-1993
Reported in: 1994(0)MPLJ424
ORDER1. This is a case in which this Court took cognizance of contempt of a subordinate Court without any reference or motion, acting suo motu. A report appeared in a weekly newspaper called 'Amar Jagat' published from Morena and also Agra in its issue dated 17th May, 1993. A copy of that newspaper was received by post at Gwalior Bench of the High Court and was placed by the Registry for perusal. The report was to the following effect:-ftyk tt us eksVh jde MdkjheqjSukA ftyk tt eqjSuk Jh ih- lh- vxzoky us xr15 ebZ dks Jh usehpUn tSu }kjk yEch jde u feyus ij Jh }kfjdk izlkn ds }kjk viusyMds dks O;kikj [kqyokus ij dsl dks Jh usehpUn tSu ds foi{k esa dj fn;k gSAD;ksafd Jh }kfjdk izlkj ls mUgksaus yEch jde vius iq= ds O;kikj gsrq yh Fkh ,slkcryk;k x;k gSA Jh usehpUn tSu dk dCtk gksrs gq, Hkh dsl muds foi{k esa dj fn;kgSA vr% ,sls Hkz'V vf/kdkjh dk 'kh/kz gh LFkkukUrj.k vko';d gSA Jh vxzokyvius dks cgqr gh bZekunkj dgrs gSaA2. There was no reference from District Judge, Morena nor any motion...
State of Madhya Pradesh Vs. Deena Nath Kedarnath
Court: Madhya Pradesh
Decided on: Oct-27-1993
Reported in: 1995(0)MPLJ692
ORDERP.P. Naolekar, J.1. The non-applicant Deena Nath was prosecuted under Section 3(1) read with Section 3/7 of the Essential Commodities Act, 1955 in the Court of the Judicial Magistrate, First Class, Betul along with the driver. By order dated 3-4-1976 the driver was acquitted and the non-applicant Deena Nath was convicted and sentenced to till rising of the Court. The Court had given direction for return of the truck and the wheat which was seized. Against the order the non-applicant preferred an appeal. The appellate Court acquitted the non-applicant from the sentence of till rising of the Court. So far as return of the seized goods, the appellate Court maintained the order of the trial Court. The State preferred an appeal under Section 377 of the Code of Criminal Procedure for enhancement of the sentence in this Court was registered as Criminal Appeal No. 585 of 1976 against the order of the Judicial Magistrate and this Court on 11-4-1980 dismissed the appeal preferred by the Sta...
Umashankar Vs. Mayadevi
Court: Madhya Pradesh
Decided on: Oct-26-1993
Reported in: I(1994)DMC450
A.R. Tiwari, J.1.This revision petition, presented under Section 115 of the Code of Civil Procedure (for short the 'Code') is directed against the order dated 25.8.92 passed by the Third Addl. Judge to the Court of District Judge, Ujjain in Hindu Marriage Case No. 70-A/90 thereby substantially rejecting the application moved under Order 6 Rule ) 7 of the Code.2. Briefly stated, the facts of the case are that the husband (the petitioner) filed the petition Under Section 13 of the Hindu Marriage Act seeking dissolution of marriage by a decree of divorce on the ground of desertion and cruelty. The petition was resisted by the non-applicant. On closure of evidence, the petitioner submitted an application under Order 6 Rule 17of the Code seeking leave to amend the application for incorporation of the plea of ailment i.e. epilepsy. The Trial Court accepted the application only partly, as regards the alteration of 13 to 14 and rejected the remaining portion as contained in the application. Ag...
Padmini Vs. Hemant Singh
Court: Madhya Pradesh
Decided on: Oct-26-1993
Reported in: II(1994)DMC548
A.R. Tiwari, J.1. Intially the correctness of the decree of divorce passed by IT? Additional Judge to the Court of District Judge, Ujiain in H.M. Case No. 54-A of 89 on 27th Nov., 1990 on the ground of cruelty in terms of Section 13 of the Act was under challenge in this appeal presented under Section 28 of the Hindu Marriage Act, 1955 (for short, 'the Act') joint prayer for decree of divorce on mutual consent in terms of Section 13B of the Act has, however, materially altered the complexion of the controversy.2. Facts are jajune, Parties were married on 22-11-81 according to vedic rites at Mandasur. The appellant came to the matrimonial home on 23-11-81 and stayed there till 13-12-81, On 14-12-81 she returned to parental home. During the sojourn between 23-11-81 and 13-12-81, the appellant denied consummation on the marriage and resisted cohabitation on the pretaxt that she suffered from the ailment of bleeding and was unfit for sexual intercourse. The respondent was in service at Vid...
Virendra Kumar Vs. Sunil Kumar and anr.
Court: Madhya Pradesh
Decided on: Oct-26-1993
Reported in: II(1994)ACC282
A.R. Tiwari, J.1. This Misc. Appeal presented under Section 110-D of the Motor Vehicles Act is directed against the Award dated 30th June, 1982 passed by the Member, Motor Accident Claims Tribunal, Dhar in Claim Case No. 65/80 whereby the respondents were directed to pay compensation of Rs. 7000/- to the appellant together with interest at the rate of 6% p.a. The claimant felt dis-satisfied by the quantum levelling is as thoroughly inadequate. He has, therefore, preferred this appeal seeking enhancement.2. Briefly stated the facts of the case are that at the relevant time i.e. at 5.30 p.m. on 15.3.1980, respondent No. 1 Sunil Kumar drove his motor cycle bearing registration No. CPF 5922 rashly any negligently. This vehicle was insured with the respondent No. 3. The respondent No. 1 hit Smt. Phulbai, the mother of the appellant, whereby she sustained number of injuries. She was taken to the hospital but soon enough she succumbed to the injuries. The husband of Phulbai and her son filed ...
Padmini Vs. Hemant Singh
Court: Madhya Pradesh
Decided on: Oct-21-1993
Reported in: I(1994)DMC465
A.R. Tiwari, J.1. Initially the correctness of the decree of divorce passed by ITT Additional Judge to the Court of District Judge, Ujjain in H.M. Case No. 54-A of 89 on 27th Nov., 1990 on the ground of cruelty in terms of Section 13(ia) of the Act was under challenge in this appeal presented under Section 28 of the Hindu Marriage Act, 1955 (for short, 'the Act') joint prayer for decree of divorce on mutual consent in terms of Section 13B of the Act has, however, materially altered the complexion of the controversy.2. Facts are (sic). Parties were married on 22.11.81 according to vedic rites at Mandsaur. The appellant came to the matrimonial home on 23.11.81 and stayed there till 13.12.81. On 14.12.81, she returned to parental home. During the sojourn between 23.11.81 and 13.12.81, the appellant denied consummation of the marriage and resisted cohabitation on the pretaxt that she suffered from the ailment of bleeding and was unit for sexual intercourse. The respondent was in service at...
Achhelal Jaiswal Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-21-1993
Reported in: 1995(0)MPLJ748
ORDERR.P. Awasthy, J.1. The accused/petitioner, named above has filed the present revision petition against the judgment and finding dated 21-9-1988 delivered by Shri R. K. Behar, 4th Additional Sessions Judge, Raipur in Criminal Appeal No. 2/1988 arising out of Criminal Case No. 69/81 decided on 18-12-1987 by Shri Yogesh Mathur, Railway Magistrate, Raipur, holding the accused/petitioner guilty for committing an offence punishable under Section 3(a) of Railway Property (Unlawful Possession) Act, 1966 (Act in short) and sentencing him to rigorous imprisonment for one year and a fine of Rs. 1,000/- or in default to simple imprisonment for 2 months.2. Prosecution case is that on receiving an information from some informer, D. Dongre, Sub-Inspector of Railway Security Force, Raipur went on 28-3-1980 along with the Railway Protection Force and witnesses to the Godown or shop of the Petitioner where second hand articles were found stocked and stored for sale. The petitioner is a junk-dealer ...
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