Madhya Pradesh Court August 1993 Judgments
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Union of India (Uoi) Vs. Dewas Flour, Oil and Deoiled Cake Factory
Court: Madhya Pradesh
Decided on: Aug-12-1993
Reported in: 1993(44)ECC239; 1993LC578(MP); 1993(68)ELT36(MP)
A.R. Tiwari, J.1. This appeal presented under Section 96 of the Code of Civil Procedure (for short, 'the Code') is directed against the judgment and decree dated 31st March, 1978 rendered by 4th Additional Judge to the Court of District Judge, Indore in COS No. 21-A of 77, thereby directing the appellants to pay sum of Rs. 18,266.67 together with interest @ 6% p.a.2. Briefly stated, the facts of the case are that the respondent no. 1 factory was a manufacturer of vegetable non-essential oil and operated six oil expellers and one solvent extraction plant. This factory paid Central Excise Duty under simplified procedure till 1-3-1960. This procedure was called 'Standard Procedure'. The Government of India vide Notifications No. 33 of 60 and 34 of 60 dated 20-2-1960 introduced certain changes in the existing rules for payment of Central Excise Duty at compounded rates in respect of vegetable non-essential oils for certain categories of manufactures. The factory vide its communication date...
State of M.P. and anr. Vs. Sagirath Balai
Court: Madhya Pradesh
Decided on: Aug-12-1993
Reported in: 1(1994)ACC572
R.D. Shukla, J.1. This appeal is directed against the judgment and award dated 5.10.1981 of Motor Accidents Claims Tribunal, Dhar passed in Claim Case No. 102/80 whereby the respondent-claimant has been awarded a compensation of Rs. 13,662/- for the injuries sustained by him in the motor accident.2. The brief history of the case is that on 8.6.80 claimant Sagirath was going from Bodhwachha to Tirla. Meanwhile, a motor-jeep No. MPZ-3379 came from the side of Dhar. It was being driven at an excessive speed. It dashed against Sagirath who was thrown away and sustained injuries on his left leg including a compound fracture thereon. The vehicle was being driven by one Kanhaiyalal (appellant No. 2 here). The matter was reported to police. The injured was taken to hospital. He was treated. X-ray examination was done. Since he had a compound fracture, a plaster after nailing was applied. It took sufficiently long time in the treatment and even on the date of examination of this witness before ...
Om Joshi Vs. Shobha Joshi
Court: Madhya Pradesh
Decided on: Aug-11-1993
Reported in: I(1994)DMC245
A.R. Tiwari, J.1. This appeal preferred under Section 28 of the Hindu Marriage Act is directed against the judgment and decree dated 11th December, 1989 rendered by Vth Judge to the Court of District Judge, Indore in Hindu Marriage Case No. 6/86, thereby dismissing the application seeking relief of dissolution of marriage by decree of divorce on the ground of cruelty and desertion.2. Briefly stated, the facts of the case are that the marriage between the parties was solemnized in May, 78 at village Bhaurasa, District Dewas according to Hindu rites. One daughter Amrita is born from this wedlock. Parties are living separately since 14-1-1983. The appellant urged that the respondent was guilty of cruelty. She did not discharge her obligations. She even threatened that she would commit suicide. The respondent also deserted the matrimonial home and left the house without any reasonable cause. On these allegations, the husband claimed the decree of divorce. The respondent resisted the claim....
Sumeshwar Khemi Choudhary Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-11-1993
Reported in: 1994(0)MPLJ265
ORDERD.M. Dharmadhikari, J.1. The applicant, by this revision, challenges the order dated 27-4-1993 passed by VI Additional Judge to the Court of Sessions Judge, Jabalpur whereby the Court has refused permission to a junior lawyer to appear with the senior lawyer for the accused appellant in Sessions Trial No. 61 of 1991 held in camera for the alleged offences under Sections 363, 366 and 376, Indian Penal Code.2. The learned counsel appearing for the appellant argues that the provisions of Section 327 of the Criminal Procedure Code do not permit the learned trial Judge to exclude appearance of lawyers or legal practitioners engaged by the accused whatsoever be their number.3. I have also heard the learned counsel appearing for the State who has submitted before me that the provisions of Section 327 of the Code of Criminal Procedure, particularly the two provisos to sub-sections (1) and (2) of the said section, confer discretion on the trial Judge not to permit appearance of any 'partic...
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