Court : Madhya Pradesh
Decided on : May-13-2003
Reported in : AIR2004MP68
..... direction for its refund to the petitioner. it is not the case of enforcement of purely contractual obligation. the board is an instrumentality of the state and it has to act in a just, fair and reasonable manner. the petitioner company made the security deposit with the board on the faith of its representation that it would provide a bankable escrow .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-13-2003
Reported in : I(2004)DMC298
..... is guilty of committing the matrimonial wrong against her and as such he is not entitled to get the decree of divorce on account of the provisions of section 23 of the act.5. after framing the issues, the learned trial court has examined the appellant and the respondent. no witnesses were produced either by the appellant or the ..... of the respondent/husband cannot be allowed on the ground that desertion of five years has resulted in the mental cruelty because that is prohibited under section 23(1)(a) of the hindu marriage act and it will certainly amount to giving an advantage to the respondent/husband of his own wrong.10. consequently, the appeal is allowed. i ..... in civil suit no. 39-a/ 1999, the appellant/wife has preferred the appeal under section 28 of the hindu marriage act against the decree of divorce under sections 13(1)(ia) and (ib) of the hindu marriage act (hereinafter referred to as 'the act').2. the admitted facts of the case are that the marriage in between the appellant and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-13-2003
Reported in : I(2004)DMC719
A.K. Awasthy, J.1. Being aggrieved by the judgment and decree dated 4.2.1994 in Civil Suit No. 33-A/92 passed by the 4th Additional District Judge, Jabalpur, the appellant-non-applicant has preferred this appeal against the finding of dissolving the marriage by a decree of divorce on the ground of desertion and cruelty.2. Admittedly the facts of the case are that the marriage between the appellant and the respondent was solemnised at Jabalpur on 12th May, 1989 according to Hindu rites and customs and they have a daughter from the wedlock.3. Respondent/husband filed a petition on the allegation that the appellant/ wife insults and mentally tortures him by saying that her husband is lame and by refusing cohabitation. It is alleged that on 29.12,1989 the appellant/wife in the absence of the respondent took an amount of Rs. 15,000/- and the ornaments of the respondent and left the house. That report in the police was lodged on 29.12.1989 in the Police Station, Gorakhpur, Jabalpur against t...
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-12-2003
Reported in : 2004(1)CTLJ240(MP); 2003(4)MPLJ148
..... agrees to the said course being adopted. the appeal will stand dismissed subject to the aforesaid modifications. i.a. no. 2 for passing order under section 17b of the industrial disputes act will not survive in view of the present order. we make it clear this order of ours is rendered on the peculiar facts and circumstances of the ..... 04.1983. that itself by the passage of time created a situation wherein the original suppression of involvement of the respondent in the prosecution for an offence under section 307 of the indian penal code did not remain so pernicious a misconduct on his part as to visit him with the grave punishment of termination from service ..... of the criminal proceedings. this may be presumably so because the charge against the respondent was that he was alleged to have involved himself in an offence under section 307 of the indian panel code. it was not an offence involving cheating or misappropriation which would have a direct impact on the decision of the appointing bank .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-09-2003
Reported in : I(2004)DMC442
..... it is held that the appellant was responsible for ill-treating his wife and turned her out from the matrimonial house. consequently, by virtue of section 23(1)(a) of hindu marriage act the appellant is not entitled to get the relief of divorce on the ground that his wife is living away from him from 1991 and that too ..... 1991 the respondent/ wife was living separately in the house of her parents.3. the respondent/wife filed the application for restitution of conjugal rights under section 9 of the hindu marriage act on the ground that the appellant/ husband used to physically assault her and treated her with cruelty for the demand of the dowry. that the appellant ..... 1996 passed in civil suit no. 1-a/91 by the district judge, shahdol wherein the petition of the respondent for restitution of conjugal rights under section 9 of the hindu marriage act was allowed and the counter claim of the appellant for divorce on the ground of adultery was dismissed.2. the admitted facts of the case are that .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-09-2003
Reported in : [2004]267ITR763(MP)
..... assessee's claim of deduction towards conveyance allowance and additional conveyance allowance and while doing so, whether the learned tribunal has correctly interpreted the provision of sections 16, 17 and 10(14) of the income-tax act ?'3. in the course of hearing learned counsel for the parties very fairly agreed that another question of law does emerge in this case. the ..... 1.this is an appeal under section 260a of the income-tax act, 1961. 2. this court at the time of admission had framed the following question of law :'whether the learned tribunal is justified in setting aside the orders passed by the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-08-2003
Reported in : (2003)IIILLJ1035MP; 2003(4)MPHT304
..... disentitle the respondent employees to claim incentive bonus being part of the wages. 7. to understand the question whether the definition of 'wages' as found in section 2(22) of the esi act can be made applicable to the facts of the present case, it is necessary to reproduce the same hereinabove :-- '(22) 'wages' means all remuneration ..... judge. learned single judge dismissed the petition on 25-6-2001 holding therein that incentive bonus would be included in the 'wages' as defined under section 2(s) of the act, and therefore, was payable by the appellant to its employees. learned single judge has placed reliance on ajudgment of the supreme court harihar polyfibres v. ..... herein appeared and opposed the prayer of the employees mainly on the ground that incentive bonus can not be included in 'wages' as defined under section 2(s) of the act, thus the employees would not be entitled to receive the same. the appellant also raised further plea of limitation that the applications have been filed .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-08-2003
Reported in : II(2004)DMC253
a.k. awasthy, j.1. the appellant defendant has preferred this appeal under section 28 of the hindu marriage act against the judgment and decree dated 7.12.1996 passed in civil suit no. 15-a/1994 by additional district judge, panna, wherein the marriage between the parties is annulled ..... /husband has not taken her to any doctor for treatment. the appellant has alleged that the respondent has performed the second marriage and the appellant has filed criminal case under section 494, ipc against the respondent in the court of chief judicial magistrate at panna. the appellant has taken the plea that this petition for annulling the marriage filed after three .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-08-2003
Reported in : I(2004)DMC543
..... the ground that the learned trial court has wrongly passed the decree of divorce because the respondent/husband has not taken any ground whatsoever provided under section 13 of the hindu marriage act.7. learned sr. counsel for the respondent/husband has supported the impugned judgment on the ground that the wife is living separately from her husband ..... the hindu rites and customs and they have one daughter and one son from their wedlock.3. the respondent/husband has filed a petition under section 9 of the hindu marriage act for the restitution of the conjugal rights on the ground that on 25.6.1997 the appellant/wife took his son and daughter along with ornaments ..... .1998 passed by the additional district judge, gadarwara in civil suit no. 44-a/1997 wherein the marriage is dissolved by the decree of divorce under section 13 of the hindu marriage act.2. the admitted facts of the case are that in the year 1992 the marriage between the parties was solemnised at village salichowki, tah. gadarwara, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-08-2003
Reported in : 2003(3)MPHT412
..... : whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. 10. from the definition of section 306 it is clear that the liability of committing the offence therein is dependent upon ..... the act of abetment, and abetment must be for commission of the suicide. the statement of champabai (p.w. 1) has to be considered ..... defines abetment of thing which reads as under :--section 107. a person abets the doing of a thing, who; 'first-- instigates any person to do that thing; or secondly-- engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of .....
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