Madhya Pradesh Court February 1998 Judgments
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Kedia Liquor Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Feb-17-1998
Reported in: 2004(164)ELT399(MP)
A.K. Mathur, C.J. 1. Both the aforesaid writ petitions involve similar questions of law; therefore, they are disposed of by this common Order.2. For convenient disposal of both the writ petitions, the facts given in the case of Kedia Liquor Limited and Anr. v. Union of India, (W.P. No. 2972/97), are taken into consideration.3. The petitioners by this writ petition, have prayed that Rule 7A of the Central Excise Rules framed under the Central Excise Act, 1944, and Rule 2(ixa) of the Central Excise Rules be declared ultra vires.4. The brief facts giving rise to this petition are that the petitioner No. 1 is a Company registered under the Companies Act, 1956 and has got its registered office at Indore. The petitioner No. 2 is Managing Director of the petitioner-Company. The petitioner-company owns a distillery situated at village Ekalduna, District-Dhar. The petitioner-company manufactures potable alcohol in this distillery from the rectified spirit. For manufacture of rectified spirit, t...
Ajay Kumar Diwan and ors. Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-11-1998
Reported in: AIR1999MP20; 1998(2)MPLJ222
ORDERD.P.S. Chauhan, J. 1. Accordingly, the writ petition is being finally disposed of, after hearing the learned counsel for the parties.2. Ajay Kumar Diwan, Brij Mohan Yadav and Pradeep Bhat are three petitioners who appeared in the Higher Secondary School Examination conducted by the Board of Secondary Education, M. P. Bhopal. All the three petitioners were allowed to appear in the examination and thereafter the result was also declared and the petitioners were shown as successful candidates at the examination. Subsequently, the result of the petitioners was cancelled and no mark-sheet was issued to them. The Roll Nos. of the petitioners Nos. 1, 2 and 3 were 14507503, 14507527 and 14507617 respectively.3. The petitioners have approached this Court seeking the relief for issuance of a writ in the nature of mandamus, commanding the respondents for issuing the mark-sheet to them as well as the TC.4. The learned counsel for the respondents has not denied the fact that the petitioners we...
Arjun Vs. Smt. Tihari Bai
Court: Madhya Pradesh
Decided on: Feb-09-1998
Reported in: I(1999)DMC478
D.M. Dharmadhikari, J.1. This appeal has been preferred by the husband against the judgment dated 15.3.1995 of First Additional Judge to the Court of District Judge, Raigarh passed in Civil Suit No. 20A of 1991 rejecting the petition filed by the appellant/husband under Section 5 of the Hindu Marriage Act, 1955 seeking a decree of nullity of his marriage with the respondent.2. In support of his petition seeking a decree of nullity of marriage on the ground that his second marriage with the respondent was null and void, the petitioner/appellant examined himself in the Court below as PW 1. In his testimony, he states that about 30 years back, he was legally married to one Savitribai and from that marriage a son named Baranlal was born. According to him, he had developed illicit relations with the respondent about 15 or 16 years prior to the filing of the petition and the respondent lived with him only for six months. She thereafter deserted him and went back to live with her parents. Acc...
State of M.P. Vs. Molai
Court: Madhya Pradesh
Decided on: Feb-09-1998
Reported in: 1999CriLJ2698
R.P. Gupta, J. 1. This judgment shall also dispose of Cr. Ref. No. 4/97 and Cr. Appeal No. 525/97.2. The references have been made in judgment dated 18-2-1997 passed by IV Addl. Sessions Judge, Rewa in S.T. No. 130/96. The two accused Santosh and Molai have been found guilty of committing offences of gang rape punishable Under Section 376(2)(g), I.P.C. and for committing murder of the victim Ku. Naveen daughter of R.S. Somvanshi an Asstt. Jailor, in Qr. No. 2 in the colony of Central Jail, Rewa on 20-2-1996. Both have been sentenced to death for the offence of murder Under Section 302, I.P.C. and have been sentenced to life imprisonment and fine of Rs. 500/- each for the offence Under Section 376(2)(g), I.P.C. In default of payment of fine they are to further undergo R.I. for 2 months each. They have been further found guilty of offence Under Section 201, I.P.C. and sentenced to R.I. for 3 years each and fine of Rs. 200/- each and in default of fine further R.I. for 2 months each. Cr. ...
Regional Provident Fund Commissioner Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-06-1998
Reported in: (1998)IILLJ0495MP
ORDERR.D. Vyas, J. 1. Heard learned counsel for parties.It is a clear case where the police at least should inquire and if found fit register the offence under Sections 406 and 409 and whatever Section of I.P.C. are applicable to the case looking to the facts and circumstances of the case.2. The case of the petitioner is that under the provisions of Section 5D(3) of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952 and the Scheme framed thereunder, Respondents 6 to 9 are under obligation to deduct the employees' share of Provident Fund @ 8.33% out of the wages of the employees every month and along with equal sum which was required to be contributed by the concerned respondents in the Provident Fund Scheme. This is to be done by or before 15th of the close of every month.3. It is contended that Respondent No. 5 through Respondents 6 to 9 had a statutory duty to remit the amount deducted from the wages of the employees as per Annexure P/1 to the petition. It is said th...
Kailash Joshi Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Feb-04-1998
Reported in: AIR1999MP41; 1999(1)MPLJ522
ORDERD.P.S. Chauhan, J.1. By means of this petition, petitioner Kailash Joshi has approached this Court seeking the relief for quashing the Order dated 8-5-1997, Annexure-P/1 to the petition and for a direction to the Commission of Inquiry into the affairs of Churhat Children Welfare Society (for brevity, hereinafter referred to as the Corn-mission) for summoning Shri Arum Singh for his cross-examination.2. The order dated 8-5-1997 is the order passed by the Chairman of the Commission rejecting the application of the petitioner for cross-examination, operative portion of which is as extracted below :'In the result, I find that Shri Kailash Joshi has not made out a case for summoning Shri Arjun Singh to come to the witness-box to give evidence and submit himself for cross-examination.'3. It is necessary to give brief facts before considering the arguments as advanced by the learned counsel for the petitioner Shri Rakesh Jain as well as learned counsel for the respondent No. 1 State Shri...
Karan Vs. Smt. Mamatabai
Court: Madhya Pradesh
Decided on: Feb-03-1998
Reported in: II(1998)DMC398
S.B. Sakarikar, J.1. Non-Applicant/appellant has directed this appeal against the judgment and decree dated 4.11.1996 passed by9thAddl. District Judge, Indore, in Hindu Marriage Petition No. 11/92, thereby passed a decree of dissolution of marriage on the application of the respondent and also passed decree for payment of maintenance to the respondent (wife) @ 200/- per month under Section 25 of the Hindu Marriage Act, 1955 (in short 'the Act). Learned Judge also ordered for the return of the articles presented at the time of the marriage or the price of the articles amounting to Rs. 35,000/- to the respondent-applicant under Section 27 of the Hindu Marriage Act.2. Briefly stated the facts of the case are that the appellant and the respondent are the followers of the Hindu religion and they were married under the customs prevailing in their casts. After the marriage due to the cruel behaviour of the appellant respondent (wife) has filed petition under Section 13 of the Hindu Marriage A...
United India Insurance Company Ltd. Vs. P.K.G.K. Panikkar
Court: Madhya Pradesh
Decided on: Feb-03-1998
Reported in: 1998(2)MPLJ72
ORDERR.S. Garg, J.1. Being aggrieved by the order dated 8-1-1997 passed in Arbitration Case No. 35-1/94, by the Additional District Judge, Durg, the appellant has preferred this appeal.2. At the outset Shri Ghosh, learned counsel for the respondent attached on the very maintainability of the appeal submitting that an appeal may lie Under Section 39 of the Act but as this appeal does not fall under any clause of Section 39(1) of the Indian Arbitration Act, the appeal has to be thrown at the threshold. Shri Naolekar, learned counsel for the appellant, on the other hand submits that the respondent had filed an application Under Section 20 of the Indian Arbitration Act, making the prayer that the present appellant be directed to file the insurance policy containing the arbitration agreement, therefore, it has to be presumed that the Court directed the appellant to file the agreement and as it found that there was a dispute and proper cause was not shown it directed the parties to give the ...
New India Assurance Co. Ltd. Vs. Dayali and ors.
Court: Madhya Pradesh
Decided on: Feb-03-1998
Reported in: II(1998)ACC209; 2000ACJ295
R.S. Garg, J.1. This order shall also dispose of Misc. Appeal No. 1219 of 1997.2. Being aggrieved by interim award dated 3.9.1997 passed in Claim Case No. 139 of 1996, the insurance company has filed M.A. No. 1218 of 1997 and has filed M.A. No. 1219 of 1997 being aggrieved by the interim award dated 3.9.1997 passed in Claim Case No. 138 of 1996.3. Mr. Rao, learned counsel for the appellant insurance company contends that the Division Bench judgment of this court in the matter of National Insurance Co. Ltd. v. Thaglu Singh 1995 ACJ 248 (MP), needs a reconsideration because the Division Bench was not justified in observing that the defence about breach of insurance policy was not available to the insurance company while making an award under Section 92-A of the old Act or under Section 140 of the new Act. Placing strong reliance on the judgment of Karnataka High Court in the matter of United India Insurance Co. Ltd. v. Immam Aminasab Nadaf 1990 ACJ 757 (Karnataka) and a judgment of the B...
Satish Construction Company Vs. Allahabad Bank
Court: Madhya Pradesh
Decided on: Feb-02-1998
Reported in: AIR1999MP21; 1999(1)MPLJ329
R.S. Garg, J.1. Being aggrieved by the order dated 15-4-1994 passed in M.J.C. No. 8/90 by the learned Third Additional District Judge, Durg, rejecting the appellant's application filed under Order 9, Rule 13, C.P.C., the appellant has preferred this appeal under the provisions of Order 43, Rule l .C.P.C.2. The appellant moved an application beforethe trial Court under Order 9, Rule 13, C.P.C. inter alia pleading that the summons of the suit were not served upon him as he did not subscribe to daily newspaper 'Desh Bandhu', he had no knowledge that he was said to be served by substituted service, and as he had no knowledge about the pendency of the proceedings, the ex parte decree passed against him deserved to be set aside. The application was contested on merits. The appellant in support of his case examined his ownself and also examined one Amrit Pratap Das. The witnesses stated that it was Amrit Pratap Das who informed the plaintiff about passing of the ex parte decree. After recordi...
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