Madhya Pradesh Court February 1994 Judgments
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Ashok Kumar Sahu and anr. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-16-1994
Reported in: AIR1994MP130
U.L. Bhat, C.J.1. The petitioners in these writ petitions are contractors of different kinds of liquor. They have purchased the privilege of vending liquor in specified shops by offering the highest bid at the auctions conducted for the year 1993-94. On account of the recent general election for the Madhya Pradesh Legislative Assembly, they were required by the Collectors of the respective districts to close the shops and refrain from vending liquor for several days in excess of three days. The petitioners have no grievance about closure of shops for three days. The main relief asked namely to quash the orders has become infructuous. The petitioners have sought two alternative reliefs, namely -- remission of the proportionate licence fees as also proportionate reduction of the minimum gurantee quota of liquor which they are expected to lift from the Government warehouses. On behalf of the respondents, returns have been filed in few of the cases and they are treated as returns in order ...
Smt. Leela Pande Vs. Shri Sachendra Kumar Pande
Court: Madhya Pradesh
Decided on: Feb-16-1994
Reported in: AIR1994MP205; 1995(0)MPLJ397
K.M. Agarwal, J. 1. This is an appeal by the wife against the decree for divorce in favour of the husband on the basis of her alleged admissions in her written statement and on the ground of adultery.2. On 30-8-1990 the respondent filed a petition for divorce under Section 13(1) of the Hindu Marriage Act, 1955, (in short, the 'Act'), against the appellant on the ground of adultery. On the first date of appearance, the appellant appeared with her counsel, but as the Presiding Officer was on leave, she again appeared with her counsel on the next date, i.e. on 12-10-1990 given by the Court Reader and filed her written statement, which contained her alleged admissions and on the basis of which a decree for divorce was granted on 7-12-1990 in her absence, but in the presence of her counsel without recording any statement either of the husband or of the wife or their counsel. Being aggrieved, the wife has preferred this appeal, mainly oh the ground that the decree was obtained by fraud.3. Af...
Siremal Burad Vs. Shakuntala Devi Burad
Court: Madhya Pradesh
Decided on: Feb-16-1994
Reported in: I(1994)DMC643
D.M. Dharmadhikari, J,1. The Matrimonial Court fixed a sum of Rs. 400/- per month as maintenance pendente lite and Rs. 3,500/- as litigation expenses payable to the wife by the applicant/husband herein.2. The learned Counsel appearing for the husband contends that in the absence of specific order of the Court to decide the question of maintenance under Section 24 of the Hindu Marriage Act, 1955 on affidavits the Court below ought to have fixed the case for recording evidence of both the parties on the said question.3. There is, according to the learned Counsel, thus, an error of procedure commited by the Court below.4. The contention advanced criticising the procedure adopted by the Court below is of little substance. The Matrimonial Court is to follow the procedure contained in Code of Civil Procedure as far as possible. The provisions of Section 21 require the Matrimonial Court to adhere to the provisions of Code of Civil Procedure as far as may be possible and in the interest of jus...
Pradeep Kumar Vs. General Manager, Western Railway and 3 ors.
Court: Madhya Pradesh
Decided on: Feb-15-1994
Reported in: II(1995)ACC421
K.M. Aggarwal, J.1. This appeal by the plaintiff is against the dismissal of his suit for damages against the Railway on the ground of non-delivery.2. Certain books worth Rs. 10,700/- as per bill dated 18.4.1986 (Ex. P.2) were alleged to have been sent from Jaipur by Laxmi Book Binding Centre for being delivered to the appellant at Varanasi. The consignment of books was not delivered and, therefore, a suit for recovery of a sum of Rs. 22,500/- was filed by the plaintiff. The suit was resisted, inter alia, on the ground of non-service of notice under Section 78-B of the repealed Indian Railways Act. The objection prevailed and the suit was dismissed. Being aggrieved, the plaintiff has preferred this appeal.3. After having heard the learned Counsel for the appellant, I am of the view that this appeal has no substance and deserves to be dismissed. A perusal of railway receipt dated 18.4.1986 (Ex. P. 1) would show that the consignment was booked on 18.4.1986 by Laxmi Book Binding Centre, J...
Radheshyam Ramvishal Dubey Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-10-1994
Reported in: 1994(0)MPLJ581
ORDERP.N.S. Chouhan, J.1. In this petition under Section 482 of the Code of Criminal Procedure proceeding in Criminal Case No. 2970/93, pending in the Court of Chief Judicial Magistrate, Seoni is sought to be quashed on ground of inordinate delay.2. The said Criminal Case against the petitioner was instituted in some other Court and in the course of a decade it has been transferred to various courts. Each time the transferee Court gave it a different number. The case started with filing of challan under Sections 408, 409, 420, 109, Indian Penal Code and Section 3/7 of the Essential Commodities Act on 3-12-1982. The Magistrate thought that the case was triable by the Court of Special Judge and accordingly it was transferred to Special Judge/Sessions Judge on 9-3-1983 but the said Court held, vide order, dated 6-5-1983 that the case was triable by Magistrate. Accordingly the accused were directed to appear before C.J.M. After 30 hearing, one of the accused Rajaram was discharged. After m...
Radheshyam Agrawal and Co. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Feb-09-1994
Reported in: [1996]220ITR564(MP)
ORDER--Computation of closing stock and profit for relevant year.Held :For the asst. yrs. 1975-76 and 1976-77 the assessing officer made additions to profit disclosed by profit and loss account, on account of under-valuation of closing stock. The assessing officer accepted the valuation of opening stock for the year 1975-76 as shown in profit and loss account. For the year 1976-77, he also made appropriate change because of the enhancement of closing balance for earlier year. This clearly indicates that in computing the value of closing balance and profit for the year 1976-77, the value of opening balance had not been ignored. Moreover the same method as followed by assessee, was adopted for valuation of opening and closing balances. In these circumstances, no question of law arises from Tribunal's order which upheld the order of the assessing officer.Conclusion :The finding of Tribunal that the value of opening stock taken as enhanced in valuing closing stock for earlier year had been...
Commissioner of Income-tax Vs. M.P. Electricity Board
Court: Madhya Pradesh
Decided on: Feb-09-1994
Reported in: [1994]210ITR425(MP)
1. Shri V.K. Tankha, advocate, for the petitioner. He is heard on admission.2. This application under Section 256(2) of the Income-tax Act, 1961, is filed by the Revenue seeking to compel the Income-tax Appellate Tribunal to refer to the High Court three purported questions of law. We have heard learned counsel for the Revenue.3. The dispute is regarding the investment allowance relating to the assessment year 1981-82 claimed by the assessee under Section 32A(4) of the Act. The Assessing Officer disallowed the claim and the same was confirmed by the Tribunal by order dated June 21, 1989. Subsequently, Section 32A(4) was amended retrospectively from April 1, 1976. Thereafter, the assessee moved the Tribunal for rectification under Section 154 of the Act. The application was opposed by the Revenue but was allowed by the Tribunal. The Tribunal declined to refer to the High Court the questions arising in relation to the rectification order.4. It is not the contention of the Revenue that ev...
Sagar Co-op. Milk Producers Union Vs. Ku. Neelofer Anjum and anr.
Court: Madhya Pradesh
Decided on: Feb-09-1994
Reported in: [1994(68)FLR1050]; (1995)ILLJ473MP
Gulab C. Gupta, J.1. This order shall also govern disposal of Misc. Petition No. 645/93 (Sagar Dugdh Sangh Sahkari Maryadit v. Rajendra Kumar Aherwar); Misc. Petition No. 990/91 (Sagar Co-operative Milk Producers Union v. Ayub Khan and 7 Ors.) and Misc. Petition No. 2179/92 (Sagar Co-operative Milk Producers' Union Ltd. v. Dugdh Nigam Karamchari Sangh and 2 Ors.).2. The petitioner, in all these writ petitions, is a Co-operative Union registered under Mad-hya Pradesh Co-operative Societies Act, 1960. It appears that the said Union had employed the workmen concerned in these writ petitions either on ad hoc basis for 89 days or on daily rate basis temporarily, until further orders. Those who were appointed for 89 days term were permitted to continue even after the expiry of that term and paid wages. Later on, services of the workmen were terminated either orally or by passing an order and giving one month's pay, in lieu of notice. The termination was challenged by raising an industrial di...
Ushabai Vs. Dhananjaya
Court: Madhya Pradesh
Decided on: Feb-09-1994
Reported in: II(1994)DMC579
R.D. Shukla, J.1. Revision No. 105 of 1992 and Misc. Criminal Case No. 975 of 1992, as they arise out of the same judgment and order of the Trial Court against which two separate revisions were filed by both parties before A.S.J., Ujjain.2. Undisputed facts of the case are that the petitioner was married to the respondent No. 1. Respondent No. 2 is the mother-in-Jaw of the petitioner. Respondent No. 3 is the elder brother and respondent No. 3 is the younger brother of the husband of the petitioner. The petitioner filed a complaint in the Court of the Chief Judicial Magistrate, Ujjain with the allegations that the petitioner and respondent No. 1 were married at Badnagar on 3-5-1984, At the time of marriage properties were given as Stridhan. Thereafter the respondents began to treat her with cruelty and demanded Rs. 25,000/. She was thrown out of the husband's house. She, therefore, went to her parental house. Thereafter her brother and father went to the house of the respondents and dem...
Vivek JaIn Vs. the Professional Examination Board, Madhya Pradesh, Bho ...
Court: Madhya Pradesh
Decided on: Feb-08-1994
Reported in: AIR1994MP164
S.K. Chawla, J.1. The order in this petition snail also govern disposal of M.P. Nos. 1395/92, 1396/92, 1423/92, 1466/92, 1419/92, 1572/93 and 133/93.2. All the petitioners, who are students, appear to be bright students, who secured more than cut-off marks in PMT Examination of the year 1992, but for them English-despised by many as an imposed foreign language-proved by many as an imposed foreign language-proved to be their bane. To begin with, there is a Professional Examination Board in M.P., which conducts every year entrance tests known as PMT and PET Examinations, for admissions to Medical and Engineering Colleges in M. P. We are concerned here with PMT Examination which was held in the month of June, 1992. All the petitioners in the present bunch of petitions appeared in that examination, along with a large number, which appears every year. A merit list was prepared by the Board after the examination, as is done every time, on the basis of aggregate marks obtained by the candidat...
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