Madhya Pradesh Court January 1995 Judgments
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New India Assurance Co. Ltd. Vs. Ayesha Begum and ors.
Court: Madhya Pradesh
Decided on: Jan-17-1995
Reported in: 1995ACJ587
D.M. Dharmadhikari, J.1. This order, in appeal M.A. No. 204 of 1991 at the instance of New India Assurance Co. Ltd. under Section 110-D of the Motor Vehicles Act, 1939, against the award dated 30.4.1991 passed by Motor Accidents Claims Tribunal, Guna, in Claim Case No. 47 of 1989, shall also decide the appeal M.A. No. 166 of 1991 being an appeal preferred against the same award by Sunil Malhotra, the owner of the motor vehicle, held negligent and liable for the accident.2. Facts in brief relevant for decision of these two appeals are: that the deceased Sayeed Khan was driving truck No. MBG 9036 being a duly employed driver by the owner of the said vehicle, Jalaluddin, respondent No. 8 herein. On 10.3.1989 the abovementioned truck while being driven by the deceased collided with the other truck No. MKH 7878 owned by Sunil Malhotra, respondent No. 5 (who is appellant in the connected appeal) and which was driven by Banshilal, respondent No. 6.3. The Claims Tribunal on the basis of eviden...
Mehtar Vs. Musammad Janki
Court: Madhya Pradesh
Decided on: Jan-16-1995
Reported in: I(1995)DMC529
R.S. Garg, J.1. Against dismissal of the application filed under Order 9 Rule 7 C.P.C. (which in fact in an application under order 9 Rule 8 C.P.C.), the appellant plaintiff has filed the present appeal Under Order 43 Rule 1 C.P.C.2. The brief facts leading to the present controversy are, that the appellant filed Civil Suit No. 27-A/87 against the present respondent seeking a divorce on the ground of adultery. On 13th September, 1987 on ex-parte decree was granted in favour of the present appellant but, as an application under Order 9 Rule 13 C.P.C. was filed and ultimately allowed, the said ex-parte decree was set-aside. The case was fixed on 7.10.1987 before the Trial Court but none presented on behalf of the appellant, the suit was dismissed under the provisions of Order 9 Rule 8 C.P.C.3. The appellant thereafter on 13.10.1987 filed an application for restoration of the suit. It appears from the record that the said application was ready on 12.10.87 but however, was filed on 13.10.8...
Shyamlal Vs. Mst. Angooribai
Court: Madhya Pradesh
Decided on: Jan-16-1995
Reported in: II(1995)DMC183
A.S. Tripathi, J.1. This revision has been preferred against the judgment and order dated 22.8.1987 passed by Additional Sessions Judge of Guna, whereby the maintenance at the rate of Rs. 200/- per month was allowed to the non-petitioner from the date of the application, i.e., from 8th of October, 1984.2. Heard Shri B. Raj Sharma, learned Counsel appearing for the petitioner/husband and Shri B.L. Bhargava, learned Counsel appearing for the non-petitioner/wife and perused the record.3. The fact of marriage is not disputed. It is also not disputed that non-petitioner Kumari Santosh is the daughter of the petitioner from the non-petitioner, Angoori Bai. The claim application for maintenance was moved on 1.10.84. The learned Trial Magistrate had allowed the application for maintenance of Kumari Santosh, the daughter of the petitioner and granted maintenance to her at the rate of Rs. 150/- per month. The claim of the non-petitioner Mst. Angoori Bai was rejected on the ground that she had le...
Mahesh Kumar Vs. Rajkumari
Court: Madhya Pradesh
Decided on: Jan-16-1995
Reported in: II(1995)DMC106
Tej Shankar, J. 1. The petition under Section 482 of the Code of Criminal Procedure has been moved by Mahesh Kumar against the order dated 20.6.90, passed by Second Additional Sessions Judge, Ashok-Nagar, in Criminal Revision No. 7/87, whereby he confirmed the order passed by Shri S.S. Yadav, Judicial Magistrate First Class, Mungawali in proceedings under Section 125 Cr.P.C. dated 13.12.1986.2. Facts briefly narrated are that a petition under Section 125 Cr. P.C. was filed against the present petitioner, alleging that the petitioners were married according to Hindu rites. Out of this wedkock, a male issue was born. The present non-applicant, i.e. Rajkumari was brought by her brother to his village and since then she was living with her parents. She, her brother and father sent messages to the present petitioner to take her back, but he did not turn up. He illegally contracted a second marriage with one Guddibai daughter of Pooran Chand Jain and this fact came to her knowledge some time...
Yuvraj Kashwaha Vs. Nirashpati
Court: Madhya Pradesh
Decided on: Jan-13-1995
Reported in: I(1995)DMC482
R.S. Garg, J.1. The appellant, being aggrieved by the order, dated 7-5-1988, passed in Misc. Judicial Case No. 40 of 1984, by the District Judge, Ambikapur, holding him guilty of breach of the injunction order and sentencing him to undergo one month's civil imprisonment, has filed the present appeal. Brief facts, giving rise to the appeal are as follows. The plaintiff-respondent, Smt. Nirashpati, filed Civil Suit No. 10-A of 1983 in the Court of the District Judge, Ambikapur, seeking an injunction against the defendant-appellant that the appellant be restrained from marrying one Shivmangli. On 16-5-1983, an ex parte interim injunction was granted against the present appellant. It was alleged that despite the order of injunction, the appellant married the said Shivmangli on 20-5-1983. The said application for grant of injunction was dismissed as infructuous on 12-3-1985. Thereafter, an application under Order 39, Rule 2A of the Civil Procedure, Code was filed by Smt. Nirashpati on 10.12...
Commissioner of Sales Tax Vs. M.P. Agro Pesticides Ltd.
Court: Madhya Pradesh
Decided on: Jan-13-1995
Reported in: 1996(0)MPLJ7
U.L. Bhat, C.J.1. The following question of law has been referred to the High Court by the Appellate Tribunal at the instance of the Revenue under Section 44(1) of the M.P. General Sales Tax Act 1958, (for short, the Act) :'Whether under the facts and circumstances of the case, the Board of Revenue was justified in holding B.H.C. 50% W.D.P. as medicine and thereby making them liable for exemption under Rule 24 of the M. P. General Sales Tax Rules on the strength of certificate issued by the Director of Health Services, M. P.?'2. The assessee is an undertaking which manufactures and sells pesticides and insecticides. The period of assessment is 1-4-1980 to 31-3-1981. The Assessing Officer treated benzene hexachloride 50% W.D.P. as insecticide and declined to treat it as medicine for purposes of Item No. 16 of Part IV, Schedule II of the Act, read with Rule 24 of the Rules framed under the Act. The Appellate Authority confirmed the order, but the Tribunal, in further appeal, held the art...
Kinetic Honda Motors Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Jan-13-1995
Reported in: 1996(81)ELT48(MP)
ORDERA.R. Tiwari, J.1. This is a petition under Article 226 of the Constitution of India.2. Briefly stated, the facts of the case are that the petitioner is company incorporated under the Companies Act, 1956. It has set up a plant at Pithampur wherein it manufactures scooters under brand name 'KINETIC HONDA' falling under Chapter 87 of Central Excise Tariff Act, 1985. This activity is being pursued in collaboration with the Japanese Company M/s Honda Motor Company. The petitioner/Company for housing its new industrial Unit gave turnkey contract to M/s. Gunnon Dunkerley & Co. Ltd. Bombay. This contractor, was provided with duty paid iron and steel products like sheets, angles, and channels for the purpose of construction of shed. The said contractor subjected such articles to the process of drilling, cutting and welding. After this activity, these articles were placed in their respective position in the shed. The articles so used, were not liable to be classified as 'goods' within the m...
Shree Synthetics Ltd. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jan-13-1995
Reported in: 1995(59)LC449(MP)
ORDERA.R. Tiwari, J.1. This is a petition under Article 226/227 of Constitution of India.2. The facts lie in a narrow compass. The petitioner is the company incorporated under the Companies Act, 1956. It uses Mono Ethylene Glycol (MEG) as a raw material i.e. input for the purpose of manufacture of polyester yarn. The aforesaid MEG was excisable under the old tariff item No. 68 vide Notification No. 201/79 dated 4.6.1979. The Government of India allowed the set off to be given on the ground of duty paid by the manufacturer on raw material subject to excise duty, under old tariff item No. 68 if that raw material was used in the manufacture of final product. (Annexure-A). The petitioner thus, became entitled to claim set off of duty. The petitioner complied with the requisite conditions as laid down in the Notification and submitted monthly return in Form RT 12. The Respondent No. 2 (Additional Collector) however, issued the show-cause notice dated 10/12.4.1989 (Annexure D) to the petitio...
Acme Fabrik Plast Co. Vs. Income-tax Officer and ors.
Court: Madhya Pradesh
Decided on: Jan-12-1995
Reported in: [1997]225ITR826(MP)
T.S. Doabia, J. 1. The Commissioner of Income-tax, Bhopal, while passing the order on February 7, 1983, made the following observations :'The Income-tax Officer is directed to pass a fresh order under Section 154 of the income-tax Act, 1961, rejecting the petition of the assessee claiming development rebate at the higher rate of 25 per cent. The Income-tax Officer must reject the petition of the assessee by a separate order to be passed under Section 154.'2. On the basis of the aforementioned direction, learned counsel for the petitioner contends that the Commissioner of Income-tax, Bhopal, gave a positive direction to the Income-tax Officer to pass an order in a particular manner. No discretion has been left with the Income-tax Officer. According to him, he has merely to sign on the dotted line. According to him, this is in utter violation of the principles of natural justice and is not in line with the procedure adopted by quasi-judicial Tribunals.3. Apart from this, learned counsel ...
Basa Bai and anr. Vs. Ananda and ors.
Court: Madhya Pradesh
Decided on: Jan-12-1995
Reported in: II(1995)ACC606; 1995ACJ667
R.S. Garg, J.1. This is an appeal by the minor sister and mother of the deceased Limrha, under Section 110-D of the Motor Vehicles Act. The Member, Motor Accidents Claims Tribunal, Khandwa, by his award dated 24.11.1987, passed in Claim Case No. 33 of 1984, has rejected the claim application. Hence, this appeal has been filed. The brief facts leading to the case are that on 3.5.1984, respondent No. 1 was driving tanker No. MBK 9630, belonging to Municipal Corporation, Khandwa and insured with respondent No. 3. According to the claimants, respondent No. 1 was driving the tanker with the permission of respondent No. 2. The tanker was being driven from Khandwa to Jaswadi for supplying water and at that time the deceased Limrha was sitting on the mudguard of the tractor. It is further alleged by the claimants that respondent No. 1 was driving the said vehicle rashly and negligently and on a slope applied the brakes suddenly, resulting in the fall of Limrha from the mudguard and the rear ty...
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