Court : Madhya Pradesh
Reported in : II(1993)DMC517
..... an appeal under section 28 of the hindu marriage act, 1955 (hereinafter called 'the act') against judgment and decree passed in favour of the respondent under section 9 of the act.2. the respondent filed petition for restitution of conjugal rights alleging that the parties were married in may 1984 according to hindu rites, and she came in 'gawana' ..... who got the ceremony performed have been examined. the statement of plaintiff's brother and the photograph by themselves do not prove the factum of marriage according to hindu rites between the parties.5. learned counsel for the appellant rightly assailed the admissibility of the photograph. the photographer was not examined nor the ..... is refusing to resume cohabitation with the respondent. hence this appeal.4. learned counsel for the appellant argued that there is no reliable proof of the marriage between the parties. the alleged admission in para 1 of the written statement is outcome of typing mistake. on going through the record, i find .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990CriLJ1541
..... ) convers the proviso into substantive enactment, which it is not; and such a construction is prohibited by established canons. (see, maxwell, 12th ed., pp. 189-90; also, ram narain, air 1955 sc 765; iswarlal, air 1966 sc 459 etc.).10. as pointed out in the order of reference, section 397(2) cr.p.c. speaks of 'interlocutory' order and not of ..... ') captioned 'maintenance of public order and tranquillity', are to be read sections 145 and 148, clubbed under sub-heading 'disputes as to immoveable property.' an executive magistrate is empowered to act under section 145, cr.p.c. when 'a dispute likely to cause breach of the peace concerning a land or water or boundaries. thereof within his local jurisdiction' arises. by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1990MP120
..... and recognition of degrees in law for admission as advocates.' it adds strength to the glare of the leading light shed by the long title of the act-- 'act to amend and consolidate the law relating to legal practitioners and to provide for the constitution of bar councils and an all india bar'. the legislative ..... 25, according to us, are unconstitutional as they violate articles 14, 15(3) and 19(1)(g) of the constitution. principal, m.l.b. college, gwalior, acted arbitrarily and unconstitutionally in refusing admission to the petitioners. in the absence of statute/ordinance, competently enacted, defining appropriately the 'course of studies' to be pursued by students in ..... in all three years, the 'regular course of studies', it may be necessary for the university to make provision in that regard. merely because the advocates act prescribes three years* 'regular course of studies', other aspiring for legal education by attending-classes need not be shut out as that would result in their being .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990MPLJ634
..... found with this ballistic expert's report.36. regarding the second criticism, it was urged, relying on the principle stated in state v. moti and ors., air 1955 raj. 82, that the prosecution should have produced evidence that the articles sent to the chemical examiner were the same which were recovered from the accused, and ..... expert's report is ex. p-48 admitted under section 293, criminal procedure code. the criticism is two-fold: first, it was argued, that in view of section 45, evidence act, it is an opinion, but no reasons have been given; and therefore, it has no evidentiary value. secondly, it has been vehemently urged, that the 'sealing processes' ..... that the post mortem report though admitted under section 294, criminal procedure code cannot be relied on without examination of the doctor since it is admissible under section 45, evidence act. the 'genuineness' of the post mortem report may not be disputed, but the contents with the facts observed by the doctor, and the opinion as to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1990MP334
..... acknowledgment. it is not necessary for them to state on the document that they put theirsignatures in presence of the testator. in girja datt v. gangotri datt, air 1955 sc 346 it was observed that it cannot be presumed from the mere signatures of two persons appearing at the foot of the endorsement of registration of a will, that ..... they had appended their signatures to the document as attesting witnesses. the court held that section 68 of the evidence act should be complied with in order that those two persons might be treated as attesting witnesses. this is also the view of the supreme court in h. venkatachala v. ..... able to recall anything about it when asked in cross-examination. under the circumstances the evidence of this witness does not satisfy the requirements of section 68 of the evidence act, inasmuch as the only attesting witness examined in the court does not prove that the thumb mark on will (ex. d-1) is that of munnilal or that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1990MP150; I(1990)DMC14
..... c. gupta, j.1. this appeal filed undersection 28 of the hindu marriage act, 1955 (hereinafter referred to as the act), is directed against the judgment and decree dated 21-10-83 passed by shri d. r. pundlik, district judge, raipur in civil suit no. 28a of 1982 dissolving the marriage between the parties by a decree of divorce under section 13(1 ..... )(iii) of the act. 2. that the parties were married in accordance with hindu rites in march, 1988 and lived together as husband and wife for a year and a half, ..... to such an extent that the petitioner cannot reasonably be expected to live with the respondent.' this clause, as is well-known, was added in the act by marriage laws (amendment) act, 1976 to provide for divorce on the ground of incurable unsoundncss of mind. earlier this ground was available only if the incurable unsoundness of mind has .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1990)DMC350
..... , j.1. this is an application under section 24 of the civil procedure code 1908 (for short 'the code') for transfer of the proceedings under section 13 of the hindu marriage act 1955 (for short 'the act') from the court of the district judge indore to the court of district judge, ratlam. 2. circumstances giving rise to the application are these. the petitioner is ..... he ultimately got dismissed on 18-11-85. later on 22-11-85 he filed the aforesaid application under section 13 of the act in the court of d.j. indore for dissolution of the marriage by a decree for divorce. 3. the petitioner first moved the district judge indore for transfer of the case to ratlam and later ..... . in the decision in kiran shohane's case (supra) it has been pointed out that a suit for divorce under section 13 of the act may be filed in the court of original civil jurisdiction where the marriage was solemnized, where the respondent resides at the time of presentation of the divorce petition or where the parties to the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990CriLJ1153
..... accused-respondent has been acquitted of charges under section 3 and 4a of the import and export (control) act, 1947, clauses 3 of the import (control) order, 1955, and under section 11 read with section 135(b) of the customs act, 1962.2. it was on 8-10-1973, on the basis of intelligence collected by the central ..... origin, valuing at rs. 9,000/- was found and seized in presence of the panchas.4. statement of the accused was recorded under section 108 of the customs act. the accused admitted many incriminating facts in his statement. the synthetic as seized was confiscated by the assistant collector (preventive) central excise, nagpur, an adjudication order ..... on the point of sanction.(2) the prosecution has not been properly appreciated by the trial court arid ignoring the statements recorded under section 108 of customs act, particularly that of the accused.(3) the trial court was wrong in drawing an adverse inference against the prosecution for not examining thelawa-hand cart puller, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1990)IILLJ313MP; 1990MPLJ515
..... the constitution article 226 referred explicitly to high court's power to issue a writ of certiorari. that view was reiterated in h.v. kamath's case (air) 1955 sc 233 by a four-judge bench of that court. at para 19 et. seq. of the report. at paras 20 and 21, their lordships expounded on the ..... the supreme court in appeal because there was no previous approval of the central government in terms of the proviso of section 115(7) of the s.r. act and also no provision in that regard in the service conditions contemplated under central civil service regulations applicable earlier to the respondent. a more or less similar situation ..... following passage extracted from para 99:'the power of superintendence conferred upon every high court by article 227 is a. supervisory jurisdiction intended to ensure that subordinate courts and tribunals act within the limits of their authority and according to law (see state of gujarat v. vakhatsinghji veghela. (air) 1968 sc 1481, 1487, 1488 and ahmedabad mfg. & .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1990)ACC620; AIR1990MP17; 1989MPLJ773
..... scheme. the legal fiction serves only that purpose and it is nothing more. (see c.i.t. v. shakuntala, : [1961]43itr352(sc) ; and bengal immunity's case, : [1955]2scr603 ).9. for the reasons aforesaid, we are of the view that though the proposal for cancellation or modification of the scheme earlier approved under section 68(3) may not ..... consider the 'proposed' scheme no. 85 in rendering its deci-sion with respect to the entitlement of the contesting respondents based on section 68_-f(l-c) of the act with regard to those two proposals.14. in the course of his. argument, shri gupta relied on vishundas, : [1981]3scr234 and allied transport c. : air1981sc1639 and ..... issued in accordance with the provisions of section 68-e and sub-sections (1-a) and (1-c) of section 68-f of the motor vehicles act, 1939, for short, the 'act'. shri nigudkar was submitted that the permits are ultra vires the 'approved' as also 'proposed' schemes abovereferred and he further contended that the gazette publication .....
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