Court : Madhya Pradesh
Reported in : 2006(2)MPHT199; 2006(1)MPLJ463
..... during pendency of the aforesaid proceedings the non- applicant has filed a petition for divorce under section 13(1) of the hindu marriage act, 1955 in the court of ilnd upper district judge, chhindwara and for such proceeding the applicant was summoned. ..... (cos) 80-a/05 instituted by the respondent under section 13(1) of the hindu marriage act, 1955 from the court of ilnd upper district judge, chhindwara to the court of multai having competent jurisdiction for its further trial.2. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(3)MPHT123; 2002(2)MPLJ314
..... before the collector for taking action against the applicant for commission of breach of provision of the order and the collector took cognizance and issued show-cause notice under section 6b of the essential commodities act, 1955 (for short, 'the act') on 16-6-2000.3. ..... two courts have examined the matter on facts as well as on law thoroughly and found the applicant guilty for commission of breach of licence condition for which the collector is authorized to take action under section 6a of the act for confiscation. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1998MP93; [1999]95CompCas879(MP)
..... be remembered that state bank of india is one corporate body constituted under the state bank of india act, 1955 with its central head office at bombay, the branches are part and parcel of the corporate body. ..... the learned counsel for the applicant referred to section 171 of the contract act and argued that the 'bankers lien' under that section is an additional right to retain the possession ..... contended that the bank ought to have raised a plea under section 171 of the contract act when it filed an application under order 38, rule 5 of the code of civil procedure. ..... held that even though section 171 of the contract act did not apply in terms as there could be no bailment of deposits made to a bank, the right of banker to claim lien could ..... was clearly right in holding that the contract act was not a complete code and the banking business, which was imported to india from england in its modern form, was governed by usages and customs of banking business ..... it was held that the contract act was not a complete code in itself and section 1 of the contract act itself saved any usage or custom ..... the extent mentioned in section 128 of the contract act must be limited to the liability of the principal debtor and not to the manner of discharge of debt of the ..... court emphasized the principle of section 128 of contract act and referred to the case of bank of bihar ..... the application under section 171 of the contract act is not maintainable and it was made mala fide with a view to harass the non-applicant .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ956
..... applicant is common in both the revisions, who was convicted by the two courts below of the offence under section 7(l)(d) of the protection of civil rights act, 1955 (hereinafter referred to as p.c.r. ..... for the foregoing reasons, it will be proper to hold that the acts of insult alleged in both the cases were insults otherwise than on the 'ground of untouchability, although of the, members of ..... speaks of presumption, laying down that where any act constituting an offence under the act is committed in relation to a member of a scheduled caste, the court shall presume, unless the contrary is proved, that such act was committed on the ground of 'untouchability'. ..... drew attention of this court to section 20aa of the prevention of food adulteration act, 1954, expressly excluding the use of probation to a person convicted of an offence under that act unless that person was below 18 years of age. ..... in view of the said provision, the provisions of probation of offenders act are inapplicable, for the simple reason that the applicant was much more old than 14 years, in fact an old man of more than ..... conceded by shri datt that the principle laid in the said ruling would not apply where the special act prescribing minimum sentence expressly excluded the use of probation. ..... that provision is section 16a of the act which says that the provisions of probation of offenders act, 1958 shall not apply to any person above the age of 14 years who is found guilty of having committed any offence punishable .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(128)ELT330(MP)
..... observed that the entire goods reach the wholesale market, only through the depots of the noticee as the pgi is restricted from dealing with anybody else through the agreement, section 4(1)(a) of the central excise act, 1944 defines the value of the goods as the normal price thereof, that is to say, the price at which such goods are ordinarily sold to a buyer in the course of wholesale trade for delivery ..... has not been levied or paid or has been short-levied or short-paid or erroneously refunded by reason of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, by such person or his agent, the provisions of this sub-section shall have effect, as if for the words'central excise officer', the words 'collector ..... been put forth that the commissioner has no jurisdiction to issue a notice to show cause of this nature as limit for issuing show cause notice is six months under section 11a of the central excise act (hereinafter referred to as 'the act') and if the central excise duty is evaded by collusion, mis-statement or suppression of facts the time limit is 5 years but in the present case the department has not made out a case ..... court affirming the order of the high court quashing the show cause notice under the provision of essential commodities act, 1955 has held that inference drawn by the appellants/union of india was baseless and arbitrary. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP97; 2006(1)MPHT413
..... and after perusing the record available, this court is of the opinion that the collector should have initiated independent proceedings for confiscation of seized kerosene as per provisions under section 6a of the act and the moment, seizure was reported to him, he should have recorded his opinion regarding initiation of confiscation proceedings and thereafter should have issued notice in writing for the purpose of confiscation of ..... the petitioner, to show cause as to why his licence be not cancelled; security be not forfeited and seized kerosene oil be not confiscated as per provision under section 6a of the essential commodities act, 1955 (for brevity 'the act') and the matter be not sent to court for prosecution. ..... counsel, has further contended that though the combined show-cause notice annexure 'p-4' was issued for initiation of an action under the act and under order, but appropriate, sufficient and effective opportunities were afforded to the petitioner, therefore, he can not claim any relief ..... : air1994sc2663 while discussing aims and objects of the whole scheme and provisions of essential commodities act, has held that as per provisions under section 6a, every contravention can not entail confiscation that ..... the respondents, has submitted that there is no bar for issuance of composite show-cause notice for initiation for confiscation proceedings as per section 6a of the act for cancellation of licence and for forfeiture of security deposit as per clauses 10 and 14 of the order. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2006MP46; II(2006)DMC793
..... decree of divorce on the ground of cruelty can be passed under section 13(1)(ia) of the hindu marriage act, 1955 (which shall be referred herein after as 'act') which reads as under :-section 13 : divorce- (1) any marriage solemnized, whether before or after the commencement of this act may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party:(i-a) has, after the solemnization of the marriage, treated the petitioner with ..... in the circumstances this court held that the act of the wife amounts to cruelty committed by ..... such circumstances the divisional bench held that such acts of wife and her relations amounts to cruelty. ..... one has to see what are the probabilities in a case and legal cruelty has to be found out, not merely as a matter of fact, but as the effect on the mind of the complainant spouse because of the acts or omissions of the other. ..... illicit relationship carried on by the wife must have naturally caused tension and suffering to the husband, in the circumstances this court held the act of wife amounts to cruelty. ..... violence is not absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of section 10 of the act. ..... impugned judgment learned court found that behaviour of the appellant was cruel, hence the decree of divorce was passed under section 13(1)(1-b) of the hindu marriage act.5. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP137; II(2004)DMC398; 2004(2)MPHT132; 2004(2)MPLJ87
..... the question to be decided is whether a revision against such order is maintainable in view of amended proviso to section 115 of the code of civil procedure ('code' for short) as inserted by code of civil procedure (amendment) act, 1999, which came into force on 1-7-2002, which reads as follows :--'provided that the high court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a ..... ramavtar verma) has allowed an application under section 24 of the hindu marriage act, 1955 ('act' for short), for maintenance pendente lite and expenses for proceedings. ..... 5 (noc)] against an order passed under sections 23(2) and 24 of the act was entertained by a single judge even after amendment, but in that case no question as to the applicability of amended proviso to section 115 of the code of civil procedure was raised and the plaint remained sub silentio. ..... as already seen questionof maintenance pendente lite and litigation expenses arises with the filing of anapplication for matrimonial reliefs under the act. ..... right to get maintenance pendente lite or litigation expenses, arises from the start of proceedings and ends with the proceeding, under the act. ..... 1) had applied lor restitution of conjugal rights under section 9 of the act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(2)MPHT413; 2003(2)MPLJ137
..... 69-a/98, filed under section 13(1-a) and (1-b) of the hindu marriage act, 1955, which shall hereinafter referred to as act. ..... of the code, may be modified, altered or set aside under the provisions of sub-section (4) or (5) of section 125 or section 127 of the code only, and not merely on the basis of grant of alimony under the hindu marriage act, this petition does not merit which is accordingly disallowed and rejected at the stage of motion hearing. ..... ramesh kumar, reported in 1992 cr.lj 3688, that the nature of proceedings under hindu marriage act, and that of maintenance proceedings under code of criminal procedure, are different and hence a wife can pursue both the remedies simultaneously. ..... 1 filed a petition under section 25 of the act, against this petitioner, seeking the relief of permanent alimony, which stood registered as m.j.c. no. ..... it is submitted on behalf of the petitioner that on account of order of permanent alimony, under section 25 of the hindu marriage act, as ordered in m.j.c. no. ..... 1 cannot claim maintenance under two different acts. 5. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2000)DMC362
..... district judge, sagar whereby the application of the respondent-husband under section 12(1)(b) of the hindu marriage act, 1955 (for short hereinafter referred to as 'the act') has been allowed and marriage of the parties has been annulled.2. ..... this appeal under section 28 of the hindu marriage act, 1955 is directed against the judgment and decree dated 24.12.1998 passed in civil suit no. ..... the respondent/petitioner filed an application under section 12(1)(b) and section 12(2) of the act for annulment of the marriage on the ground that the appellant suffered from insanity before the marriage. ..... it is clear that the marriage under section 12(1)(b) of the act can be annulled ) on the finding that the wife suffered from recurrent attacks of insanity or epilepsy at the time of marriage. .....
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