Court : Madhya Pradesh
Reported in : AIR1985MP88
K.K. Verma, J. 1. This is defendants' appeal from a reversing decree dt. 2-9-1974 passed by the Additional District Judge, Guna, in Civil Appeal No. 86 of 1979 arising out of the decree dt. 11-7-69 of the Civil Judge Class II, Mungaoli, whereby the respondent's suit (C.S. No. 47-A/66 instituted on 4-7-66) for a mandatory injunction for closure of the 'nikas', 'mori' and 'Khidki' of the appellants newly constructed latrine was dismissed.2. The following facts were admitted in the written statement.There is a 3' X 31/2' wide lane running east-west between the respondent's house to its north and the appellants' house to the south of the said lane at Athaipura Ward No. 7 in the town of Mungaoli. With the sanction of the Municipal Committee in 1964 the appellants opened a door in their house in the northern wing which is situated adjacent to, and along, the aforementioned lane. In 1965 the appellants applied to the Municipal Committee Mungaoli for sanction to construct a latrine in the nort...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1968MP81
Krishnan, J.1. This is an appeal by the plaintiff suing on the authority the panchas of the Hariyana Gaud Brahmin community of Indore from the judgment of dismissal delivered by the Civil Judge in a suit for the removal of the defendant, a pujari or shebait, and the framing of scheme, filed with the sanction of the Advocate General under Section 92 C. P. C. The suit was also framed on the alternative--the necessity of which will presently appear--that in the event of the defendant being found to be not a trustee or shebait but just an appointed pujari-servant for his removal on account of improper conduct and the claiming of the temple as his own property. It was dismissed on different grounds, primarily on that the particulars of the foundation of the temple were not clearly ascertainable, and further the defendant's father and brother having openly claimed to be the full owners and not the pujaris as long ago as in 1933, they had prescribed title to themselves and accordingly the sui...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1999MP218; 1999(2)MPLJ451
V.K. Agarwal, J.1. This is an appeal under Section 28 of the Hindu Marriage Act, 1955, (hereinafter called as 'Act' for short), challenging the judgment and decree dated 19-3-1998, allowing the petition of the respondent under Section 13 of the 'Act' and granting him a decreeof divorce against the appellant-wife.2. Undisputedly, the appellant was married to the respondent on 26-1-1989 in accordance with Hindu rites. A son Goldi was born out of the said wed-lock on 28-11-89. Appellant-wife has also given birth to her second son on 30-9-1997, while the petition for divorce by the respondent was pending in the lower Court.3. The respondent-husband filed an application for divorce. It was averred by him that he was married to the appellant in 'Samuhik Vivah Sammelan' held by 'Rathore Chhatriya Sabha' Jabalpur, The respondent/petitioner lived with his wife - the appellant, and gave birth to their son Goidi. The appellant-Amita, however, started demanding money on threats that on the failure...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1977(1)ELT92(MP); 1977MPLJ394
G.P. Singh, J.1. By this petition under article 226 of the Constitution the petitioner, Universal Cables Ltd., calls into question 13 orders passed by the Collector, Central Excise, Nagpur on 10th/11th September, 1975, under Rule 173Q of the Central Excise Rules, 1944, imposing penalty to the tune of nearly Rs. 2 crores in respect of properzi rods removed by the petitioner from its properzi mill from 1st May, 1970 to 23rd May, 1971. The petitioner also prays for quashing of 15 show cause notices which were issued by the Assistant Collector before the said 13 orders were passed by the Collector.2. The petitioner is an existing Company within the meaning of the Companies Act, 1956. The petitioner carries on business of manufacturing and dealing in cables and conductors required for transmission of electricity. The petitioner has its cable factory at Satna. For the purpose of manufacturing cables and conductors, the petitioner requires aluminium wire rods commonly known as properzi rods a...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1987]62CompCas717(MP); 1985MPLJ160
B.M. Lal, J. 1. The decision in this company appeal shall also dispose of Company Appeal No. 2 of 1984 (Kilpest Private Ltd, v. Shekhar Mehra). 2. This is an appeal preferred under Section 483 of the Companies Act, 1956, by the company, the managing director and the director of the company against an order dated August 6, 1984, passed by the learned company judge whereby the learned company judge by his order dated August 6, 1984, passed the order for converting the original petition made under Sections 397, 398, 402, 403 and 450 of the Companies Act/1956, into one under Section 433(f) read with rules 6 and 9 of the Companies (Court) Rules, 1959, holding that the petition shall now be tried as a petition for winding up of the company under the 'just and equitable' clause contained in Section 433(f) of the Companies Act, 1956. 3. The short facts leading to this appeal are as under : The respondent, Shri Shekhar Mehra, initially filed a petition under Sections 397, 398, 402, 403 and 450 ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1987(11)ECC296; 1987(13)LC51(MP); 1985(19)ELT329(MP)
P.D. Mulye, J.1. The petitioner No. 1, Madhumilan Syntex Private Ltd. which is a company registered under the Companies Act, 1956 and of whom petitioner No. 2 is the Managing Director owns a factory at Biora wherein they manufacture spun yarn. This product is covered by Item 18, Schedule 1 of the Central Excises and Salt Act, 1944.2. According to the petitioners in the manufacture of their product, they use as raw material cellulosic fibre and non-cellulosic waste. By blending and processing of these raw materials, the final products spun yarn is produced. Therefore, the product falls in para (i) of Item 18-III of the First Schedule of the Central Excises and Salt Act. Further according to the petitioners their product does not contain any man-made fibre of non cellulosic origin and, therefore, they have been classifying the product by paying the duty in accordance with the Tariff Item 18-III(i) of the said Act.3. That respondent No. 4 by a demand notice dated 7th February, 1984 (Annex...
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1993)DMC243
S.D. Jha, J.1. The appellant-State of M.P. through this appeal against acquittal, challenges judgment dated 29-2-88 delivered by II Additional Sessions Judge Dewas in Sections Trial No. 12 of 1985 (State v. Ashok and others) acquitting the respondents accused of charges under Sections 306, 498A IPC and Section 4 of the Dowry Prohibition Act 1961.2. Accused Ashok is the son of accused No. 2 Anokhilal and accused No. 3 Sharda is mother of accused Ashok. Accused N01. 4, 5 and 6 namely Giru alias Girjesh, Kiran find Madhu alias Munni are sisters of accused Ashok and daughters of accused No. 2 Anokhilal and No. 3 Ms. Sharda. Prosecution case is that deceased Kamini alias Shobha daughter of Surendrakumer (P.W. 1) was married to accused Ashok, on 20-1-84. la the marriage two gold rings, one small almirahs and some utensils were given. According to the prosecution, accused Ashok and his parents and sisters used to harass Kamini laying that gold rings were less in weight and almirah was small. ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP355
B.K. Chaturvedi, J. 1. An issue has been framed about the necessity of a notice under Section 80, Civil Procedure Code, before the filing of the present suit. It is not disputed that the Municipality had been superseded and an Administrator appointed. Probably the attention of the Court below was not drawn to Tikaram Vithoba v. Municipal Committee, Sindi, 1954 Nag LJ 683 (A) which lays down that after supersession of a Municipal Committee under Section 57 (2) of the C. P. and Berar Municipalities Act, the committee is wholly out of picture and Section 48 of the Municipalities Act does not apply to a Municipal Committee which is rendered dormant by its supersession; but that Section 80 of the Civil Procedure Code will apply as the property of the Committee vests in the State. This ruling was binding on the Court below. 2. The above decision of Mndholkar J. seeks to extend the principle enunciated in the Division Bench decision reported in Damodar Tukaram Mangalmoorti v. Municipal Commit...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP1; I(2004)BC106; [2005]123CompCas677(MP); 2003(2)MPHT114; 2003(2)MPLJ161; [2003]45SCL63(MP)
ORDERDipak Misra, J. 1. In course of adjudication of proceedings in a Court of Law sometimes vexed questions and complex situations do emerge which demand imperative penetration and intensive discernment to clear the maze and pave a luminous path through the labyrinthine so that the litigants precisely know their exact podium and become able to ventilate their grievances as permissible in law before the right forum without remaining in a state of uncertainty and in-definiteness. Certitude ushers in the quintessential virtues of law in an organized society and the absence of the same creates a shambolic situation which is not only unwarrantable but also law is at loath and averse to countenance the same. The cases at hand fresco a picture which not only creates a stir and an unusual ado to judicial discipline but also provokes and in a way accelerates the institutional syllogistic rethinking to have a deeper and greater probe into the arena of controversy. The spinal issue spiralled to ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1979)13CTR(MP)142; [1980]124ITR347(MP)
Sohani, J.1. This is a reference under Section 256(1) of the I.T. Act, 1961, hereinafter called 'the Act'. By this reference, the Income-tax Appellate Tribunal, Indore Bench, Indore, has referred the following questions of law to this court :'1. Whether, on the facts and in the circumstances, the Tribunal is justified in law in holding that the income of the assessee became liable to be assessed in the assessment years 1966-67 and 1967-68 and not in the years 1946-47 and 1947-48 ?2. Whether, on the facts and in the circumstances, the Tribunal was justified in law in holding that as the liability itself was disputed by M/s. Kalyanmal Mills, the assessee's right to receive remuneration or commission under the terms of the agreement accrued only on the decision of the High Court on December 14, 1965 '2. The material facts giving rise to this reference briefly are as follows : The assessee, Sardar Arjunsingh Ahluwalia, who was assessed as an individual, died during the pendency of these pr...
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