Madhya Pradesh Court February 1995 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Vijay Singh Jadon and ors. Vs. Sitab Khan and ors.
Court: Madhya Pradesh
Decided on: Feb-13-1995
Reported in: 1995(0)MPLJ964
ORDERT.S. Doabia, J.1. Would substitution of legal heir at any intermediate stage would enure for other stages of proceedings as well? This is the legal issue raised in this petition under Section 115 of the Code of Civil Procedure, 1908.The facts in brief are as under:2. An appeal was preferred against a judgment and decree passed by the Civil Judge, Class II, Sabalgarh. This was pending in Court of Third Additional Judge to the Court of District Judge, Morena. During the pending of the appeal, the appellate Court called for a report. During this period, appellant Bhola died. Instead of taking proceedings under Order 22, Rule 3 of the Code of Civil Procedure before the appellate Court, these proceedings were taken in the Court from where the report was called. That Court allowed the application under Order 22, Rule 3. The present petitioners were permitted to be brought on record. After the report, when the matter was taken up by the appellate Court the appeal was dismissed on the gro...
Dy. Director Agriculture and anr. Vs. Mangilal and anr.
Court: Madhya Pradesh
Decided on: Feb-13-1995
Reported in: I(1995)ACC526
R.D. Shukla, J.1. The appeal is directed against the judgment and Award dated 25.8.1986 of the M.A.C.T., Jhabua passed in Claim Case No. 25/85 whereby the respondent No. 1 Mangilal has been awarded a compensation of Rs. 38,284/- with interest @ 12% per annum w.e.f. filing of the application till realisation of the same.2. The brief history of the case is that claimant-respondent No. 1 was working as a Police Officer in P.S. Jobat, Distt. Jhabua. He was having a motor-cycle No. MBE 7636.Motor Jeep No. CPZ 3023 owned by appellant-N.As. Nos. 1 and 3 was driven by respondent NA No. 2.On the date of accident i.e. 2.3.85 claimant was going on a motor-cycle. One constable was sitting on the pillion. It is alleged that there was a curb on the road. He located a motor-jeep coming from the opposite direction with a high speed. He, therefore, stopped his vehicle and was waiting for the motor-jeep to pass but the motor-jeep dashed against him. He sustained injuries. The motor driver ran away from ...
Bapu S/O Ramsingh Vs. Bahadursingh S/O Lalsingh
Court: Madhya Pradesh
Decided on: Feb-10-1995
Reported in: AIR1995MP169; 1996(0)MPLJ373
1. The appellant is hereby assailing the correctness, legality and propriety of the decree which has been passed by IIIrd Additional District Judge, Dhar in the matter of Civil Appeal No. 26-A of 1978 by which the appeal of the appellant was dismissed so far as his claim in respect of repayment of Rs. 900-00 was concerned.2. Few facts need to be stated hereinunder for understanding the matter. On 7-7-1970 respondent Bahadursingh had taken Rupees 900-00 from appellant Bapusingh. Land was to be handed over by Bahadursingh in view of a document which was not registered. A document was prepared in this context. The land was not handed over in possession of Bapusingh at all. It appears from the record that Bapusingh was thereafter cutting the grass growing in the said land for nonpayment of interest over the said amount of Rs. 900-00. When Bapusingh was obstructedin cutting the grass, he filed the suit for specific performance in respect of the said transaction.3. The trial Court dismissed ...
Kamalkant Vs. Gargidevi and ors.
Court: Madhya Pradesh
Decided on: Feb-10-1995
Reported in: I(1995)DMC416
U.L. Bhatt, C.J.1. Respondents herein are the second wife, first wife and mother, respectively of the now deceased Janki Prasad. Appellant is the son of Janki Prasad and the first respondent. Janki Prasad was in Government service. Amounts were due in regard to provident fund account, family benefit fund account and ex-gratia payment. The appellant and second respondent filed separate applications seeking grant of succession certificates in regard to these amounts under the provisions of Indian, Succession Act. The applications and the Will dated 17.2.1982 said to have been executed by Janki Prasad bequeathing his entire estate to his son were opposed by the present respondent, first wife of the deceased challenging the second marriage and the genuineness of the Will and contending that she is the nominee in regard to all the amounts under the relevant rules. The learned District Judge held that the marriage and the Will were proven, that there was a valid nomination in regard to these...
Ramesh Chandra Vs. Ramesh Kumar and anr.
Court: Madhya Pradesh
Decided on: Feb-10-1995
Reported in: 1996ACJ83
U.L. Bhat, C.J.1. The appellants herein were travelling in a stage carriage bus belonging to the M.P. State Road Trans. Corporation on 14.3.1983. The bus dashed against a tree on the left side of the road and as a result the appellants in the two appeals sustained injuries. They filed two separate claim petitions claiming a sum of Rs. 59,000/-and Rs. 1,65,000/- respectively as compensation on the allegation that the accident was as a result of rash and negligent driving by the driver. The claim was resisted by the owner and driver of the vehicle. The Tribunal held that the accident was caused as a result of rash and negligent driving and awarded Rs. 3,500/- and Rs. 5,500/- respectively to the two claimants along with interest at 9 per cent and awarded costs quantifying advocate's fee at Rs. 30/- in each case. The claimants being aggrieved by the quantification have filed these appeals.2. M.A. No. 135 of 1984 may be considered first. Exh. P-10 is the medical report with regard to the cl...
Ramesh Chandra Vs. Ramesh Kumar and ors.
Court: Madhya Pradesh
Decided on: Feb-10-1995
Reported in: 2(1996)ACC510
U.L. Bhatt, C.J.1. The appellants herein were travelling in a stage carriage bus belonging to the M.P. State Road Transport Corporation on 14.3.1983. The bus dashed against a tree on the left side of the road and as a result the appellants in the two appeals sustained injuries. They filed two separate claim petitions claiming a sum of Rs. 59,000/- and Rs. 1,65,000/- respectively as compensation on the allegation that the accident was as a result of rash and negligent driving by the driver. The claim was resisted by the owner and driver of the vehicle. The Tribunal held that the accident was caused as a result of rash and negligent driving and awarded Rs. 3,500/- and Rs. 5,500/- respectively to the two claimants along with interest@ 9 per cent and awarded costs quantifying Advocate's fee at Rs. 30/- in each case. The claimants being aggrieved by the quantification have filed these appeals.2. M.A. No. 135 of 1984 may be considered first. Exh. P-10 is the medical report with regard to the...
Jeevan Vs. Rajubai and anr.
Court: Madhya Pradesh
Decided on: Feb-09-1995
Reported in: I(1995)DMC580
C.K. Prasad, J.1. The petitioner-husband is aggrieved by the order dated 12-5-1992 passed by the 14th A.S.J., Indore in Criminal Revision Nos. 315/91 and 326/91, whereby the learned A.S.J, has enhanced the interim maintenance amount of Rs. 200/- to Rs. 300/- for the wife i.e. N.A. No. 1 and from Rs. 100/- to Rs. 200/- to the son i.e. N.A. No. 2. The learned A.S.J. has further directed that maintenance has to be paid from the date of the application. It may be stated that by order dated 3.10.1991 passed by the J.M.F.C., Indore in Cri. Case No. 2/91, the Learned Magistrate has directed for payment of interim maintenance to the wife at the rate of Rs. 200/- p.m. and Rs. 100/- to the son. He has directed for payment of the interim maintenance amount from the date of the order. The husband as also the wife and the son filed revision applications before the learned A.S.J. against the aforesaid order of the Learned Magistrate. The wife and the son were aggrieved by the quantum of maintenance ...
K.D. Wires (P) Ltd. Vs. Uoi and ors.
Court: Madhya Pradesh
Decided on: Feb-09-1995
Reported in: 1995(59)LC447(MP)
ORDERA.R. Tiwari, J.1. This is a petition under Article 226 of the Constitution of India and seeks quashment of the show-cause notice dated 1.7.1991 (Annexure-'P/1') issued by respondent No. 3 (Superintendent, Central Excise, Dewas).2. Briefly stated the facts of the case are that the petitioner is the manufacturer of certain products. It obtained the benefit of exemption from payment of duty on the linchpin of notification which conferred exemption on the manufacture of 'Super Enamelled Winding Copper Wire' provided it was made out of Wire Bars/or Rods, Bare Wire of not less than 6 mm dia. Respondent No. 3, however, found that the petitioner contravened the provisions of Rules 9(1), 52-A, 173-F and 173-G(1) of the Central Excise Rules, 1944 in as much as it claimed unintended benefits of exemption under Notification No. 69/86-CE dated 10.2.1986 as amended from time to time as also other notifications particularised in the aforesaid notices. The petitioner was asked to submit explanati...
Triveni Conductors Pvt. Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Feb-09-1995
Reported in: 1995LC445(MP); 1995(77)ELT534(MP)
ORDERA.R. Tiwari, J.1. This is a petition under Article 226 of the Constitution of India and seeks quashment of the show-cause notices dated 3-12-1990 (Annexure-T/l') and dated 4-12-1990 (Annexure - T/2') issued by respondent No. 3 (Superintendent, Central Excise, Dewas).2. Briefly stated the facts of the case are that the petitioner is the manufacturer of certain products. It obtained the benefit of exemption from payment of duty on the linchpin of notification which conferred exemption on the manufacturer of 'Super Enamelled Winding Copper Wire' provided it was made out of Wire Bars/or Rods or any bare wire of not less than 6mm dia. Respondent No. 3, however, found that the petitioner contravened the provisions of Rules 9(1), 52A, 173F & 173G(1) of Central Excise Rules, 1944 inasmuch as it claimed unintended benefits of exemption under Notification No. 69/86-C.E., dated 10-2-1986 as amended from time to time as also other notifications particularised in the aforesaid notices. The pet...
Ranvir Singh Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-08-1995
Reported in: AIR1995MP271
ORDERT.S. Doabia, J.1. The present petitioner offered himself as a candidate for the office of Panch from village Rurai, tehsil Lahar, district Bhind. His nomination paper eas accepted by the Assistant Returning Officer on 3rd of May, 1994. His namewas shown in the list of validity nominated candidates. This list has been appended as annexure P/4. The requisite steps that is with regard to filing of nomination papers and its scrutiny as contemplated by Rules 29 to 33 of the Madhya Pradesh Panchayat Raj Election Rules of 1994 were duly complied with. As noticed above, a list was duly prepared under Rule 33(8) of the Rules. This Rule i.e., 33(8) reads as under:33. Scrutiny of nomination.- *** *** *** *** (8) Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the Returning Officer (Panchayat) shall prepare a list of candidates whose nominations have beep accepted. Immediately after the scrutiny is over, the R...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- Next ›
- Last »