Madhya Pradesh Court July 2004 Judgments
Rati Traders Vs. K.P. Pouches Pvt. Ltd.
Court: Madhya Pradesh
Decided on: Jul-30-2004
Reported in: 2004(29)PTC254(MP)
P.C. Agarwal, J.1. By the impugned order dated 14/11/2003 District Judge, Mandleshwar in his Civil Suit No. 15-A/2003 (M/s. K.P. Pouches Pvt. Ltd. v. M/s. Rati Traders) a passing of action had granted a temporary injunction against manufacture, sale, distribution and advertising etc. of gutkha or pan masala in name of 'Safal'. The learned District Judge has further stayed the trial of the civil suit pending before it on application under Section 10 readwith Section 151 of the Code of Civil Procedure (Code for short) as a similar Suit No. 1-A/2003 for passing of action filed by the appellant had been pending in Agra Court.2. Trade mark 'Safal' is being used for their pan masala and gutkha by both the parties. This trade name is not registered trade name of either party. Trade name being identical is certainly confusing to the consumers of pan masala and gutkha who arc generally illiterates or semi-literates. Mainly, decision on three questions is pertinent for disposal of this appeal:-(...
Tag this Judgment!Brijesh Kumar Singh Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Jul-30-2004
Reported in: 2004(4)MPHT46; 2004(4)MPLJ43
ORDERA.K. Shrivastava, J.1. This petition was originally filed before this Court on 9-5-1988, however, on account of the establishment of the Madhya Pradesh State Administrative Tribunal, this petition was transferred to it and after its abolition again this petition has been received by this Court for its adjudication.2. By this petition, the petitioner has challenged the validity of Annexure P-8, dated 3-10-1987 issued by Controller Food and Drugs Administration Madhya Pradesh by which the powers conferred to petitioner of Food Inspector have been withdrawn. The reason assigned in the said Annexure is that petitioner does not qualify the requisite qualification as envisaged under Rule 8 of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as 'the Rules').3. I have heard Shri Umesh Trivedi, learned Counsel for the petitioner and Shri V.P. Nema, learned Government Advocate for the respondents.4. According to Shri Nema, since the petitioner does not qualify the es...
Tag this Judgment!Smt. Usha Rani and ors. Vs. Smt. Dharma Bai Thakur and ors.
Court: Madhya Pradesh
Decided on: Jul-30-2004
Reported in: 2004(4)MPHT49; 2004(3)MPLJ566
ORDERS.K. Pande, J.1. This revision under Section 115, CPC is directed against the order dated 28-10-2003, passed by V ADJ, Jabalpur, in C.A. No. 60-A/03, affirming the order dated 30-4-2003, passed by RCA, Jabalpur in Case No. 19-A/90 (1)/2002.2. Respondents are tenants of the petitioners in the suit house. On 24-9-2002, they filed application before the RCA seeking fixation of standard rent under Sections 7, 10 of the M.P. Accommodation Control Act (hereinafter referred to as the 'Act'). The application aforesaid has been resisted by the petitioners stating inter alia that the contractual rent of the suit house is Rs. 195/- p.m. and in any case the standard rent should be fixed under Section 10 (4). The RCA vide order dated 30-4-2003 held that the fixation of the standard rent should be with reference to Section 7 (2) (ii). Accordingly, Rs. 27/- p.m. standard rent has been fixed in respect of the suit house. Being aggrieved, petitioners preferred C.A. No. 60-A/2003 before the V ADJ, ...
Tag this Judgment!Smt. Prabha Dubey and ors. Vs. Smt. Santosh Dubey and ors.
Court: Madhya Pradesh
Decided on: Jul-30-2004
Reported in: 2005(1)MPHT215; 2005(1)MPLJ452
ORDERS.K. Pande, J.1. This revision under Section 115 of CPC is directed against the order dated 54-2002 passed by the Second ADJ, Mandala in M.A. No. 7/2001.2. Late Shyam Sunder Dubey, an employee of the State Government, Health Department, Mandala died on 29-11-96. Petitioners Smt. Prabha Dubey, Vineet, Ku. Sonia and Praveen Kumar presented application under Section 372 of the Indian Succession Act (hereinafter referred to 'the Act' for convenience) before the First Civil Judge Class-I, Mandala seeking succession certificate to collect the dues of late Shyam Sunder Dubey. They have contended that petitioner Prabha Dubey was married with late Shyam Sunder Dubey on 17-11-86 and Vineet, Ku. Soniya, Praveen Kumar Dubey were born of the aforesaid wedlock. Respondents resisted the application aforesaid stating inter alia that petitioner Prabha Dubey is not legally married wife of late Shyam Sunder. Marriage between respondent Santosh Dubey and late Shyam Sunder Dubey was validly performed ...
Tag this Judgment!Dr. S.M.P. Sharma and anr. Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Jul-30-2004
Reported in: 2005(1)MPHT380; 2005(1)MPLJ398
ORDERR.V. Raveendran, C.J.1. These two appeals involving common questions are heard and disposed of by this common order.2. Appellants are Veterinary Assistant Surgeons belonging to the Veterinary Department. It is stated that they were deputed to the Rural Development Department and were working as Chief Executive Officers of Janpad Panchayats of Sirmour (District Rewa) and Amarpatan (District Satna) respectively. It is stated that they are on deputation from 1996 and 2003 respectively.3. By orders dated 24-5-2004 and 4-6-2004 respectively, the Veterinary Department recalled their services along with several others. The said order were challenged by the appellants in W.P. Nos. 4069/2004 and 4049/2004. The learned Single Judge, dismissed the petitions by orders dated 12-7-2004, which are challenged in these Letters Patent Appeals.4. The appellants have urged the following contentions in these appeals:-(i) The consent of the borrowing department and the deputationists is necessary befor...
Tag this Judgment!State Bank of Indore Vs. Firm Moolchand Madanlal and anr.
Court: Madhya Pradesh
Decided on: Jul-30-2004
Reported in: II(2005)BC13
A.K. Awasthy, J.1. Appellant/plaintiff has filed the appeal under Section 96 of the CPC against the judgment and decree dated 9.12.96 passed by learned Additional District Judge, Rajgarh Camp, Biaora in Civil Suit No. 9-B/88 wherein the claim of the appellant for Rs. 28,503.90 ps. was dismissed.2. The case of the plaintiff is that the plaintiff is a Nationalised Bank having its branch at Rajgarh and the Branch Manager of the Bank is duly authorised to sign and verify the plaint on behalf of the plaintiff Bank. That the defendant No. 2 is the Proprietor of defendant No. 1 firm Moolchand Madanlal Rathore which is doing the business of Stationery and Cutlery. That on 26.12.69 the defendants had taken the loan of Rs. 10,000/- on the interest @ more than 5% of the rate of interest of the R.B.I. on monthly rest. That the defendant No. 2 has signed the Promissory Note on 26.12.69 on the same date he has also pledged his goods of his shop for the payment of the loan. That the defendant No. 1 h...
Tag this Judgment!Bajranglal Verma Vs. Smt. Gyaso Bai and ors.
Court: Madhya Pradesh
Decided on: Jul-29-2004
Reported in: 2004(3)MPHT555; 2004(4)MPLJ192
Chandresh Bhushan, J.1. Aggrieved by a decree and judgment dated 25-6-2001 pronounced by 9th Additional District Judge, Gwalior for his eviction on the ground under Clause (c) of Sub-section (1) of Section 12 of M.P. Accommodation Control Act, 1961, i.e,, on the ground of denial of title in favour of the respondent No. 1, in an appeal preferred by the said respondent No. 1 against judgment and decree dated 11-12-2000 of 10th Civil Judge Class-2, Gwalior dismissing her suit for eviction and arrears of rent, this second appeal has been preferred by the appellant/tenant.2. The undisputed facts of the case are that the appellant was a tenant in a portion of a house bearing Municipal No. 30/1608/1 (hereinafter referred as 'Suit Premises'). The appellant was inducted as a tenant in it by one Manorama Devi Falke who died issueless. Ramchandra Rao and Man Singh Rao were the sons of her only sister. No notice of any kind of transfer by Ram Chandra Rao etc. or by the respondents was ever given t...
Tag this Judgment!Managing Director, Digdarshika Society Vs. Madhya Pradesh Redcross Soc ...
Court: Madhya Pradesh
Decided on: Jul-29-2004
Reported in: 2004(3)MPHT499; 2004(3)MPLJ655
Shantanu Kemkar, J.1. By filing this appeal under Section 96 of the Civil Procedure Code, the appellant has challenged the judgment and decree dated 31-1-2003 passed by XIIth Additional District Judge, Bhopal, in Civil Suit No. 111-A/02 wherebythe respondent's suit has been decreed by applying the provisions of Transfer of Property Act., .2. Learned Senior Counsel for the appellant has submitted that the subject matter before the Trial Court was that respondent's suit seeking eviction of appellant on the grounds enumerated under Section 12(1)(b), (c),(f) and (m) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act'). It was thus, submitted that no decree could have been passed by the Trial Court merely because, the lease of the suit accommodationwas determined by efflux of time as per agreement/rent note dated 1-7-98. In support of his contention, he has relied upon the judgment passed in the case of V. Dhanapal Chettiar v. Yesodai Ammal (AIR 1979 SC 1745) i...
Tag this Judgment!Rekhabai Vs. Gangaram
Court: Madhya Pradesh
Decided on: Jul-29-2004
Reported in: II(2004)DMC503
A.K. Awasthy, J.1. The appellant has filed the appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 9.8.1997 passed by learned District Judge, Dhar in Civil Suit No. 21-A/1995, wherein the decree of divorce is granted on the ground of adultery.2. The admitted facts of the case are that the marriage in between the appellant and the respondent was solemnized according to Hindu rites and customs in the year 1982 and they lived at Dhar. It is also the common ground that they arc having three daughters and one son from the wedlock.3. The case of the petitioner is that after about 8 years of marriage, the character of the defendant had become doubtful. That she is indulging in illicit sexual intercourse with Manoj son of Mannulal Khatri who is living in the next door. That on 11.6.1995 at about 9.15 a.m. when the petitioner reached to his house, he saw his wife lying naked and in a compromise position with Manoj Khatri. That he broke up the door and reprima...
Tag this Judgment!Commissioner of Wealth Tax Vs. Late Lokendra Singh
Court: Madhya Pradesh
Decided on: Jul-29-2004
Reported in: (2004)191CTR(MP)489
1. This is a reference made by the Tribunal under Section 27(1) of the WT Act for answering the question referred to this Court, which reads as under:'Whether, on the facts and in the circumstances of the case including in particular the fact that part of the official residence of the ex-ruler of Ratlam which is the assessee-respondent, stood let out, the Tribunal is justified in law in holding that the assessee is entitled to exemption of the value of the said property in its entirety under Section 5(1)(iii) of the WT Act, 1957 ?' 2. We have heard the learned counsel for the parties.3. At the outset we may take note of the fact and as rightly pointed out by learned counsel appearing for Revenue that the question referred to this Court stands answered by the Supreme Court in the case of Mohd. Ali Khan & Ors. v. CWT : [1997]224ITR672(SC) in favour of the Revenue and against the assessee. In other words, the question referred to this Court for answer by the Tribunal referred supra having...
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