Madhya Pradesh Court July 1993 Judgments
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Deora Wire and Wires Vs. Collector, Central Excise and Customs and ors ...
Court: Madhya Pradesh
Decided on: Jul-08-1993
Reported in: 1993(44)ECC252
ORDER1. Heard Shri J.P. Gupta, learned Counsel for the petitioner and Shri B.G. Neema, learned Standing Counsel, who appears on an advance copy of the petition and LA. being supplied to him.2. A very short question is involved in this case and, therefore, it is being disposed off finally at this stage alone. The petitioner's main complaint is against the order dated 18-6-93 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (for short 'CEGAT'), rejecting the petitioner's application for modification of the order disposing off application for exemption from the condition of pre-deposit for maintainance of an appeal before the CEGAT. The petitioner had contended before the CEGAT that after the earlier order, or which modification was sought, was passed, the CEGAT itself in Collector of Central Excise, Bombay-II v. Nisha Conductors (1993 (21) ETR 520 had decided the point involved in the case and the decision upheld the contention raised by the petitioner in it...
State of Madhya Pradesh Vs. Asadkhan and anr.
Court: Madhya Pradesh
Decided on: Jul-08-1993
Reported in: 1(1994)ACC78
A.R. Tiwari, J.1. This order shall also govern the disposal of M. A. No. 77/84 (Jagdish v. Asadkhan and Ors.) filed by respondent No. 2 against the same award.2. The aforesaid appeal, preferred under Section 110-D of the Motor Vehicles Act, 1939 is directed against the award dated 23.11.83 passed by the Member (Third) Motor Accident Claims Tribunal, Indore in Claim Case No. 135/81 thereby granting the award of Rs. 20,000/- together with interest @ 6% per annum from 26.6.81 till realisation.3. The aforesaid award was passed against the State of M.P., Joint Director, Veterinary Services and the driver Jagdish. Aggrieved by this award, the State of M.P. and Joint Director of Veterinary Services, Mhow have filed the Misc. Appeal No. 81/84 whereas Jagdish has filed the Misc. Appeal No. 77/84. Both these appeals being connected matters, were heard together.4. Briefly stated, the facts of the case are that the claimant Asadkhan was driver of tempo bearing registration No. MPO-3047. The jeep b...
Badriprasad Vs. Mallubhai and ors.
Court: Madhya Pradesh
Decided on: Jul-07-1993
Reported in: AIR1994MP37
V.S. Kokje, J. 1. This is a petition under Article 227 of the Constitution of India arising out of execution proceedings. Since a show cause notice was issued against admission of the petition and the respondent No. 1 had filed a caveat, the petition was finally heard with the consent of the parties.2. The petitioner was a tenant in the house of the respondent No. I. A suit for ejectment was filed by the respondent No. 1 against the petitioner. When that litigation reached the High Court, a compromise was arrived at between the parties and a consent decree of ejectment was passed by the High Court. The time granted by the High Court to the petitioner for vacating the premises was up to 28-2-1993.3. However, on 26-2-1993 the petitioner herein filed an application under Order 21, Rule 2 read with Section 151 of the Code of Civil Procedure alleging that the respondent No. 1-decree-holder and the petitioner-judgment-debtor had entered into an oral settlement on 1-2-1993 whereby the respond...
Sudama Prasad Pyasi Vs. Shail Bala and ors.
Court: Madhya Pradesh
Decided on: Jul-07-1993
Reported in: II(1994)DMC325
P.N.S. Chouhan, J.1. The Trial Court dismissed the petition Under Section 125 Cr. P.C. on 24 '6/89 on the ground that the proof required on solemnisation of marriage between the parties as per Hindu Rites was deficient. The Revisional Court set aside that order on 7/7/93 holding on the basis of evidence that the factum of marriage between the parties was duly proved in context of the petition Under Section 125 Cr.P.C. In view of the evidence of petitioner's father that though he himself had not gone with the Barat being busy in marriage of his other son he had entrusted the task of performing petitioner's marriage to one of his relations and petitioner's Barat returned back with the bride and thereafter they lived as husband and wife, the aforesaid finding of the Revisional Court appears to be perfectly legal as the standard of proof of marriage Under Section 125 Cr.P.C. is not so high as in a case of prosecution Under Sections 494, 494, 497 or 498 I.P.C. (Jalandar Gorakh v. Sobhha (19...
National Insurance Co. Ltd. Vs. Babu and ors.
Court: Madhya Pradesh
Decided on: Jul-07-1993
Reported in: 2(1993)ACC571
ORDERA.R. Tiwari, J.1. The order passed in this appeal shall also govern the disposal of M. A. No. 59/84 Babu v. Dhannalal and Ors., preferred against the same award.2. This miscellaneous Appeal, preferred under Section 110-D of the Motor Vehicles Act, is directed against the award dated 1.12.1983 passed by the Member, Motor Accidents Claims Tribunal, Jhabua in Claim Case No. 17/82 thereby granting the award of Rs. 3,710/-together with interest @ 6% per annum from the date of application i.e. 28.8.1982 against the appellant and respondent Nos. 2, 3 and 4.3. Another Misc. Appeal No. 59/84 is filed by the claimant (appellant) against the respondents under Section 110-D of the Motor Vehicles Act seeking enhancement in the amount of award.4. Both the appeals are connected matters and thus, are heard together.5. The facts in brief are that Dhannalal and Nandlal owned the truck bearing Registration No. CPO-7959. It was driven by Rafiq Mohammad. It was insured with the National Insurance Comp...
Uco Bank Vs. Achal Alloys Pvt. Ltd.
Court: Madhya Pradesh
Decided on: Jul-06-1993
Reported in: [1994]79CompCas546(MP)
A.G. Qureshi, J. 1. The petitioner, the UCO Bank, has filed this petition for winding up of the respondent-company, M/s. Achal Alloys Pvt. Ltd., Ujjain, under Sections 433 and 434 of the Companies Act, 1956. The petitioner, the United Commercial Bank, is a nationalised bank having its branch at Maxi Road, Ujjain. The company is also located in Maxi Road, Ujjain. The company was incorporated on July 1, 1983, under the Companies Act, 1956. The registered office of the company is also at 7, Industrial Estate, Maxi Road, Ujjain.2. It is not disputed that the petitioner rendered the company financial assistance and also the facility of grant of overdraft and by purchase of cheques to be encashed from the company's account in the Union Bank of India, branch at Siyaganj, Indore.3. According to the petitioner, some of the bills (cheques) of the respondent in the bills purchase account were dishonoured on presentation, vide annexure A. The bills purchase account of the company shows a debit of ...
Salma Sitara Begum Vs. Abdul Aziz
Court: Madhya Pradesh
Decided on: Jul-06-1993
Reported in: I(1994)DMC614
P.P. Naolekar, J.1. The applicant/appellant had filed a suit for dissolution of her marriage with respondent No. 1 on the ground of cruelty and also for recovery of her ornaments, The suit was dismissed by the Trial Court and the judgment and decree of the Trial Court was challenged in First Appeal No. 16 of 1984 in this Court, which was dismissed on 22-7-1991 for want of prosecution, as none appeared for the appellant-applicant. The order-sheet dated 22.7.1991 in First Appeal No. 16 of 1984 reads as under : --'None for the appellant,Respondent by Shri Ravish Agrawal with Shri Harish Shrivastava, Advocates.Earlier order-sheet dated 26.4.91 shows that no one appeared for the appellant on that day and her Counsel Shri R.K. Pandey reported no instructions. The case was adjourned on 26.4.91 with a direction to re-list this case on 22.7.91 after sending SPC to the appellant Office note shows that SPC was sent to the appellant on 10.5.1991, but no one has appeared on behalf of the appellant ...
Vasudeo Mahadeo Paranjape Vs. Suman Anant Paranjape and ors.
Court: Madhya Pradesh
Decided on: Jul-05-1993
Reported in: 1994(0)MPLJ20
ORDERA.R. Tiwari, J.1. This appeal, filed under Section 299 of the Indian Succession Act, 1925 (for short 'Act'), is directed against the order dated 27th October, 1989, delivered by the Vth Addl. Judge to the Court of the District Judge, Indore in Probate Case No. 67/78, thereby granting Probate of the WILL dated 3rd November, 1974, alleged to be executed by late Mahadeo Paranjape in favour of his daughter-in-law Shrimati Suman, wife of his son Anant.2. The factual matrix lies in a narrow compass. The Respondent No. 1 (Smt. Suman) filed an application on 8-8-1978 for grant of probate of the will dated 3-11-1974. The testator died on 5-1-1975 at Indore. He was survived by six sons and four daughters. This will is said to be attested by Dinkar (PW-1), the husband of his daughter Smt. Vimal, resident of Dewas and Udaya (PW-2), the husband of his another daughter Smt. Udita, resident of Indore. The description of the property was shown in Annexures-A and B, attached to the aforesaid appli...
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