Court : Madhya Pradesh
Decided on : Jun-30-1989
Reported in : 1991(0)MPLJ575
..... favour. the issue was, 'whether inferior quality dall had been despatched'.7. in this connetion, reference may be appropriately made at this stage to the provisions of section 17 of the act which i quote :'17. sale by sample. - (1) a contract of sale is a contract for sale by sample where there is a term in the ..... because the burden was on the plaintiff to prove his own case.13. before adverting to the other provisions of the act, extracted or referred hereinabove, a brief mention may be made of section 5 of the act as that has definitely signal relevance to plaintiffs default in pleading and proving his case. it is contemplated thereunder that a ..... was complained, but that remained unexplained.14. there cannot be any doubt that under section 56, claim for damages for non-acceptance would lie only when the buyer acts 'wrongfully' in refusing to accept goods contracted to be purchased. in the instant case, the act of the defendant cannot be said to be 'wrongful' because he had merely exercised .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-27-1989
Reported in : AIR1990MP326
..... decree lawfully passed in his favour, by no stretch of reasoning can it be said that he threatens to dispossess the plaintiff by doing any wrongful act. powers under section 151 of the code cannot beinvoked because the aforesaid specific provision is available. the decisions in lakha singh's case air 1982 delhi 348 and ..... that possession of the snack bar has not yet been handed over to him. it was stated in the application under section 8 of the act that according to the applicant, period of three years commenced from august 1982. in the application, relief for temporary injunction restraining the appellants from handing ..... several reminders, you may possibly have forfeited the right for arbitration.' 6. in the circumstances set forth above the respondent filed the aforesaid application under section 8 of the act on 30-4-83 praying for appointment of independent arbitrator in order to decide the dispute between the parties. the contention of the respondent is .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-25-1989
Reported in : 1991(53)ELT286(MP)
..... april, 1989 the detenu was arrested by the officers of the excise department from his residence for alleged complicity in the offences under section 85 of the gold control act and section 135 of the customs act, 1962.3. according to the case of the central excise and customs department they had received information that the detenu and his ..... the car was seized and the statements of panchas were recorded. a panchnama was also prepared. the statement of ramkumar agrawal was also recorded under section 108 of the customs act, wherein ramkumar agrawal revealed that he had received the biscuits from detenu's son, one mukesh jain. the residence of the detenu was searched from ..... can be given.14. we do not want to go into the question of the value of the aforesaid retractions because the statements recorded under section 108 of the customs act and the subsequent letters retracting the same may be a subject matter of scrutiny in the criminal case pertaining to the substantive offence. however, the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-21-1989
Reported in : 1990MPLJ339
..... shows that when the i.o. interrogated the accused he had taken them to the place and pointed out the stones. this evidence cannot be considered under section 27, evidence act, but is quite relevant to consider whether the accused was of an imbalanced mind? no questions have been asked from this witness, though he is a kotwar ..... satisfies the test of 'prudent man', the accused will have discharged his burden. the evidence so placed may not be sufficient to discharge the burden under section 105 of the evidence act, but it may raise a reasonable doubt in the mind of a judge as regards one or other of the necessary ingredients of the offence itself. ..... presumed to be an innocent, and therefore, the burden lies on the prosecution to prove the guilt of the accused beyond reasonable doubt. section 84 being an exception, under section 105 of the evidence act, the burden of proving the existence of circumstances bringing the case within the said exception lies on the accused, and the court shall .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-30-1989
Reported in : 1990ACJ495
..... that case being for carriage of goods with which they were travelling, they were not passengers simplicitor and insurer's liability was secured in terms of section 95 (1) of the act, justifying their carriage 'by reason of or in pursuance of a contract of employment'.64. for the several reasons enumerated in the foregoing paragraphs, i ..... not have means or sufficient means to meet their liability.the legislature stepped in and enacted the provisions contained in chapter viii of the motor vehicles act, 1939. section 94 made it compulsory for the owner of the motor vehicle to take out a policy of insurance in accordance with the provisions of chapter viii of ..... insurance co. ltd.11. during the appeals, the claimants were permitted to amend their respective claim petitions and cross-objections claiming no fault compensation under section 92-a of the motor vehicles act, 1939.12. it is now not disputed by the appellants that the truck in question, with appellant no. 1 bhagwandas as a duly licensed .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-04-1989
Reported in : 1990CriLJ49; 1989MPLJ414
..... the high court bearing on benches are thus made by virtue of the powers granted by the letters patent read with section 108 government of india act, 1913, the operation of which section is preserved by section 223 government of india act, 1935, section 108 reads :'(1) each high court may by its own rules provide as it thinks fit for the exercise, ..... ) of rule 1 in chapter 1 of part i of the high court rules and orders is to the effect that a petition under criminal procedure code which necessarily includes applications under sections 438(1) and 439, cr. p. code shall ordinarily be heard and disposed of by a judge sitting alone. hence, in our view when dr. t.n. singh ..... . counsel does not want to press this application. the application is dismissed as not pressed.'3. on 4-1-1989 applicant munnasingh tomar filed the second bail application under section 439, cr.p.c. in the high court referring to the first bail application and the first bail order.4. this application was listed before dr. t.n. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-10-1989
Reported in : AIR1990MP129; 1989MPLJ712
..... examination under the rules. the contention of the petitioners, therefore, that they have not been found using any unfair means within the meaning of section 2(c) of the act no. x of 1957, is totally irrelevant in the matter of disciplinary action taken against them under the rules by the authorities conducting the ..... contending that the alleged misbehaviour of the students in the examination hall did not fall within the definition of 'unfair means' as defined under section 2(c) of the act. both the counsel have also assailed the action on the ground that the punishment is unduly disproportionate to the misbehaviour alleged and found proved. ..... of that offence. the definition of unfair means provided under section 2(c) of the act is not applicable to disciplinary action taken by the authorities conducting the examination. 'unfair means' defined under the act for taking disciplinary action against the students reads as under : --'section 2(c) 'unfair menas' in relation to any recognised .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-06-1989
Reported in : [1990]76STC265(MP)
..... from the director of industries in respect of their poha mills on fulfilment of other conditions and restrictions imposed under the said notifications under section 12 of the state act and under section 8(5) of the central act.6. in the case of jagdamba industries [1988] 69 stc 1 ; 1988 mplj 620 ; 1988 jlj 701, the full ..... , otherwise there would have been no justification for making the madhya pradesh poha (restriction on manufacture) order, 1966, in exercise of its powers under section 3 of the essential commodities act, 1955. further, unless there is any ambiguity in the language employed in the statute, the courts adopt literal construction if it does not lead to ..... rajpatra dated 21st october, 1986, and as per notification dated 29th june, 1982 (annexure d1 in m.p. no. 3476 of 1989), issued under section 8(5) of the central act by the state government. accordingly, they have made a common prayer for directing the director of industries, m.p., to issue them the requisite eligibility .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-14-1989
Reported in : 1990MPLJ575
..... power of the state extends to this topic. the division bench held that the scheme was not made in exercise of the powers conferred by section 3 read with section 5 of the act and was made only in exercise of the executive power of the state. the decision of this court was affirmed by the supreme court in ..... in this behalf.' on behalf of the state, it was contended that the scheme was framed in exercise of the powers delegated to the state government under section 5 of the act read with clause 2(d) of the 'order'. the submission cannot be accepted. the validity of the 'scheme' was considered in madhya pradesh ration vikreta sangh ..... and cases a common question of law is involved, viz. whether the breach of the 'scheme', is punishable under section 7 of the act. section 7 of the act provides for penalty to a person, who contravenes any 'order' made under section 3. section 3(1) empowers the central government, by order, to provide for regulating or prohibiting the production, supply and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-24-1989
Reported in : (1989)77CTR(MP)193; [1989]178ITR616(MP)
..... the case record of the petitioners and the reasons recorded have been filed as annexure 'r-1'.7. according to the respondents, a search under section 132 of the act was conducted in the business premises and at the residential premises of the partners. during the search operation, huge unexplained stock and benami investments were ..... in question. therefore, the notices impugned (annexure 'f') have been issued without the existence of any requirement under clause (a) or clause (b) of section 147 of the act.5. the petitioners had, in their returns for the relevant years, placed before the income-tax officer all the relevant material facts necessary for assessment. therefore, ..... it was stated that the income-tax officer had reason to believe that income which was chargeable to tax had escaped assessment within the meaning of section 147 of the act and the petitioners were asked to file returns for the assessment years 1982-83 to 1984-85.4. according to the petitioners, the aforesaid notices .....
Tag this Judgment!