Madhya Pradesh Court April 1993 Judgments
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Bhaiyalal Vs. Phoolwati Bai
Court: Madhya Pradesh
Decided on: Apr-29-1993
Reported in: II(1993)DMC398
P.P. Naolekar, J.1. This appeal is preferred by the appellant challenging order of the meintenance granted by the Trial Court under Section 25 of the Hindu Marriage Act, 1955, to the respondent. The respondent on a petition, presented under Section 11 of the Hindu Marriage Act, 1955, obtained a decree of declaration of marriage between the appellant and respondent as a nullity. After the decree of declaration of marriage null and void was passed an application was moved by the respondent for grant of maintenance under Section 25 of the Hindu Marriage Act, 1955, and the Trial Court granted maintenance of Rs. 250-/ per month.2. Section 25 of the Hindu Marriage Act, 1955, permits grant of permanent alimony to either the wife or husband. Thus, to get the alimony for maintenance under Section 25 of the Hindu Marriage Act, 1955, it is necessary that the parties were husband and wife. When there is a declaration given under Section 11 of the Hindu Marriage Act, 1955, by the Court that the mar...
Bhanwarlal and ors. Vs. Hariram and ors.
Court: Madhya Pradesh
Decided on: Apr-27-1993
Reported in: 1994ACJ368; AIR1994MP10
R.D. Shukla, J.1. This appeal is directed against the judgment and award dated 31st January 1984 in Claim case No, 38/78; 39/78 passed by Motor Accident Claims Tribunal, Mandsaur, whereby a compensation of Rs. 15,000/- (Rs. Fifteen thousand) has been awarded to the claimant appellants against respondent No. 1 and respondent No. 2 holding them negligent to the tune of 1/3rd for the accident and respondent No. 3 Insurance company and respondent No. 4 Ramchandra C/o Mahadev Trading Co. have been completely exonerated from the liability of payment of compensation.2. Breif facts of the case is that the claimant appellants are the legal representatives of deceased Rajendra Prasad aged about 22 years, who met with an accidental death on 25/2/78 at about7/8 a.m. by truck No. R.J.Z. 6385 driven by respondent No. 2.3. Rajendra was a student of B.Com. final. He was working as binder in Patidar Engineering Works at Neemuch. On the date of accident, at about 7-8 a.m. he was going to that work shop ...
Trilochan Singh Vs. Board of Revenue and ors.
Court: Madhya Pradesh
Decided on: Apr-27-1993
Reported in: AIR1993MP208; 1997(1)MPLJ164
Dubey, J. 1. By this petition under Art, 227 of the Constitution of India, the petitioner who is a transferee of the lands, transferred by a document of sale (Annexure P/1) for consideration of Rupees 20,500/-executed on 13-6-1981, has challenged the order of the Board of Revenue (Annexure P/19), passed on 4-2-1986 in Appeal No. 27-V-85, whereby the appeal of the petitioner under Section 47A(5) of the Indian Stamp Act, 1899, for short, the 'Act', against the order of the Commissioner, Bastar Division, Jagdalpur's order dated 23-5-1985, passed in Appeal No. 44A-3/83-84, has been dismissed as not competent for want of verification of the foot of the memorandum of appeal,2. For the purpose of this petition, it would be appropriate to state that an area of 34.66 acres known as Aam Bagia, situated at the bank of river Indravati, in the township of Jagdalpur, was transferred by the respondent No. 6 Smt. Vedvati, the wife of Maharaj Pravirchandra Bhanjdeo of Jagdalpur, by registered sale-deed...
Arjunsingh Vs. the Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Apr-27-1993
Reported in: 1993CriLJ3731
V.D. Gyani, J.1. Detenu Arjunsingh has been detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short 'the Act') by order dated 28-9-92 passed by the respondent No. 1 (Ann. P.I). The detention order is based on grounds as contained in Ann. P.2 to the petition.2. By this petition under Article 226 of the Constitution filed on behalf of the detenu, by his brother-in-law, the detention order Ann. P. 1 is being challenged and the detenu prays for issuance of a writ of habeas corpus quashing the said detention order.3. This petition has been filed by de-tenue's brother-in-law Sultansingh. The detenu as can be gathered from the grounds of detention Ex. P.2 was arrested on 15-3-92, on the basis of the secret information to the effect that the house of the detenue was cordoned off by the staff of the central bureau of Narcotics on 15-3-92. It was suspected that the detenue had stored a large quantity of contraband opium ...
Khashti Devi Vs. Amar Nath and ors.
Court: Madhya Pradesh
Decided on: Apr-26-1993
Reported in: 1994ACJ873
S.K. Chawla, J.1. In this appeal by the claimant seeking enhancement of compensation, there is no serious factual dispute. On 10.11.1977, at about 4.15 p.m., a moving truck No. MPI 4035 had knocked down an oncoming cycle on Agra-Bombay Road near village Barodi, Police Station Kotwali Shivpuri. One Kuldeep Kumar, PW 2, was riding that cycle and deceased Arvind Kumar was sitting double on it. Both persons on the cycle were thrown on the road, but deceased Arvind Kumar in addition was run over by the truck, resulting in his death. The truck was being driven by Babu Khan, respondent No. 2 and was owned by Amar-nath, respondent No. 1 and insured with New India Assurance Co. Ltd., respondent No. 3. Both persons on the cycle were constables receiving training in Indo-Tibetan Border Police Centre (I.T.B.P. Centre), Shivpuri. The deceased was unmarried, aged about 27 years. Claimant-appellant, Khashti Devi, is the deceased's mother.2. The question for consideration is whether the compensation a...
H. and R. Johnson (India) Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Apr-22-1993
Reported in: 1994(45)ECC179; 1993(68)ELT571(MP)
ORDER1. Heard Shri Bhat for the petitioner on admission.2. In this petition an interim order of CEGAT has been challenged. In an earlier petition No. 749/92, dated on 28-4-1992 this court had directed that if the petitioner files an application seeking stay before the Tribunal then the Tribunal shall reconsider its earlier order and pass an appropriate order in the facts and circumstances of the case. An application was accordingly made and the CEGAT has disposed it of by the impugned order. Admittedly the application which is disposed of by the CEGAT was Under Section 35F of the Central Excises & Salt Act, 1944 for exemption from precondition of deposit of the amount of excise duty held to be recoverable under order appealed against. While disposing of such an application financial position of the appellant as also whether a prima facie case is made out or not has to be seen to form an opinion as to whether the deposit of duty demanded or penalty levied would cause undue hardship to t...
B.K. Rubber Industries (P) Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Apr-21-1993
Reported in: 1993(44)ECC229; 1993(68)ELT575(MP)
ORDER1. Heard Shri A.M. Mathur with Shri C.B. Patne for the petitioner on admission.2. This is a petition filed by a manufacturer, whose products are exigible to excise duty under the Central Excises and Salt Act, 1944. The petitioner claims that he is entitled to clear the goods simultaneously at a concessional rate of duty as also at the full rate of duty. The question is of interpretation of the Notification No. 65/81, dated 25th March, 1981, as amended from time to time.3. By the said Notification the Government of India has granted exemption to the manufacturers of tyres, tubes and flaps on condition that the aggregate of the value of the said goods at the concessional rate of duty in terms of tile Notification do not exceed Rs. 75 lacs in a financial year and the aggregate value of clearances of tyres, tubes and flaps made by the manufacturers during the preceding financial year does not exceed Rs. two crores. The petitioner's contention is that the word 'first' employed in the p...
Purushottam Sharma Vs. Union of India (Uoi) and anr.
Court: Madhya Pradesh
Decided on: Apr-21-1993
Reported in: 1993(49)LC595(MP)
1. Heard Shri A.M. Mathur, learned Senior Counsel with Shri P. Mathur for the petitioner on admission.2. This is a petition by a citizen against whom an order under COFEPOSA Act, 1974 has been passed as long back as on 18.6.1992 but has not been executed as yet. The petitioner has prayed for quashing of the order before its execution. The facts leading to the passing of the detention order are set out in brief hereafter. On 7.6.1992 at about 6.30 A.M. the officers of Customs & Central Excise Indore intercepted one truck bearing No. M.P. 09 D 9025 and a Maruti Van bearing No. M.P. 09 A 4108 at Mhow Naka, Mhow. Contraband silver was found in the vehicles. Same day a search of the petitioner's place was conducted and statements of witnesses were recorded on 7.6.1992 and 8.6.1992. On 17.6.1992 documents were sent to detaining authority recommending detention. On 18.6.1992 the detention order was passed against all the persons said to be involved. On 13.7.1992 the co-detenus were released b...
Mubarik HussaIn Vs. Vijay Kumar and ors.
Court: Madhya Pradesh
Decided on: Apr-21-1993
Reported in: II(1994)ACC106
A.R. Tiwari, J.1. This appeal, preferred under Section 110-D of the Motor Vehicles Act, is directed against the award dated 6.9.1983 passed by the learned Member, Motor Accident Claims Tribunal, Dewas in Claim Case No. 29/80.2. Briefly stated, the facts of the case are that the respondent No. 1 is the owner of the car bearing registration No. MPG 1443 and respondent No. 2 was its driver at the relevant time. This car was insured with the respondent No. 3 the National Insurance Co. Ltd. The respondent No. 2 drove this car rashly and negligently and knocked down Mubariya (AW-3) on 10.6.1980 on Bombay-Agra Road. The non-applicant No. 2 did not enter the witness-box. Hence, there was no difficulty in accepting the contention of rashness and negligence. The claimant suffered fracture of right clavicle and fracture of metatorsal of the right leg. No evidence was adduced to prove the permanent disability. The appellant filed the claim petition. The claim was opposed by the respondents. The Tr...
Archana Yogendra Tiwari Vs. Yogendra Mohan Tiwari
Court: Madhya Pradesh
Decided on: Apr-20-1993
Reported in: 1994(0)MPLJ285
ORDERR.P. Awasthy, J.1. The petitioner, named above, has filed the present revision petition against the order dated 10-3-1992 passed by Smt. Minj, IV Additional Judge to the Court of District Judge, Jabalpur. By virtue of the said order, the non-applicant (herein) has been ordered to pay maintenance allowance to the petitioner (herein) at the rate of Rs. 500/- per month during the pendency of the case and also to pay Rs. 1500/- for meeting expenditure of the litigation.2. The facts of the case are that the petitioner is the married wife of the non-applicant and the non-applicant resides at Bargi Nagar, district Jabalpur while the petitioner is residing with her parents at Jabalpur. The non-applicant filed a petition under Section 13 of the Hindu Marriage Act, 1955 ('the Act' in short) for a decree of divorce being passed in his favour and against the present petitioner. In the said case, the present petitioner filed an application under Section 24 of the Act mentioning therein that th...
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