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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: madhya pradesh Year: 2000 Page 1 of about 83 results (0.053 seconds)

May 04 2000 (HC)

Ramkali and anr. Vs. Mahila Shyamwati and ors.

Court : Madhya Pradesh

Decided on : May-04-2000

Reported in : AIR2000MP288; II(2000)DMC522; 2000(3)MPHT514; 2000(3)MPLJ361

..... require any interference and are not liable to be disturbed. the condition precedent for raising a presumption of legitimacy envisaged under section 16 of the hindu marriage act, could not be said to have been satisfied as there was neither a de jure marriage nor a de facto marriage between ramkali ..... extent expressly enacted in the proviso to section 3(1)(j) of the act. for the purpose of succession to the property of a male hindu dying intestate, the act clearly intends only a legitimate relationship with the father unlike with the mother with whom a special fictional legitimacy and consequent ..... son' as used in the schedule is wide enough to include an illegitimate son especially in view of the provision contained in section 16 of the hindu marriage act, 1955, which provides that notwithstanding that a marriage is null and void under section 11, any child of such marriage who would have ..... whether such a child is born before or after the commencement of the marralge laws (amendment) act, 1976 (68 of 1976) and whether or not a decree of nullity is granted in respect of that marriage under the hindu marriage act and whether or not the marriage is held to be void otherwise ..... ' either in class i of the schedule to the hindu succession act or any other place where such reference occurs. the term 'widow' as contemplated under the hindu succession act clearly means and implies 'female' who was united in marriage recognised by law and who survives the husband without remarriage.13. the learned .....

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Dec 15 2000 (HC)

Primo Pick N. Pack Ltd. Vs. Union of India (Uoi)

Court : Madhya Pradesh

Decided on : Dec-15-2000

Reported in : 2001(129)ELT296(MP)

..... the submission of learned standing counsel for union of india would have been acceptable but the fact of the instant case are quite different. the law laid down in the case of flock india ltd. (supra) is quite distinguishable inasmuch as in the said case the assessee had questioned the order ..... to other issues were raised before us during the course of the arguments. there shall be no order as to costs.'from the aforesaid enunciation of law it becomes graphically clear that hdpe strips fall under a different heading and the industries dealing with the same is entitled to modvat facility. mr. tankha ..... not claim modvat. under such circumstances, the petitioner could not be put under a legal disability and denied credit of duty paid under mistake of law committed by the excise authorities. it has also been set forth that the duty was paid under protest and that is apparent from various letters and ..... into consumption.3. after receipt of notice to show-cause the petitioner submitted its reply contending that the benefit, which had accrued to it under law was denied on account of the erroneous interpretation on the part of the department, and hence, he cannot be denied the benefit on the basis ..... for filing a declaration to avail modvat benefit, but the same was not allowed by the department. while the petitioner was paying tax as a law abiding and sincere tax-payer other manufacturers of hdpe woven sacks/tapes/fabrics from indore filed a writ petition before the indore bench of this court .....

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Jun 19 2000 (HC)

Sameeran Roy Vs. Smt. Leena Roy

Court : Madhya Pradesh

Decided on : Jun-19-2000

Reported in : 2000(4)MPHT269

..... has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or(ii) has ceased to be a hindu by conversion to another religion; or(iii) has been incurably of unsound, or has been suffering continuously or intermittently from mental disorder of such a kind and ..... the relationship between spouses results into one of misery and gives rise to inferior endowments of nature. the private secrets become public and abuses are hurled in law courts. tie and the bond become weaker day by day and the protagonists behave as characters of a drama full of emotions which are some times uncontrollable. ..... scene is quite unpleasant.2. to begin the narration of the case which, involves an interesting point of law, apart from facts, is as follows :the non-applicant/wife filed an application under section 13 of the hindu marriage act, 1955 (hereinafter referred to as 'the act') seeking divorce on the ground that the applicant-husband ..... that rule 6-a (a) was introduced by amendment act, 1976. preceding the amendment, it was settled law that except in a money claim, counter-claim or set off cannot be set up in other suits. the law commission of india had recommended, to avoid multiplicity of the proceedings, right to the defendants to raise the ..... orderdipak misra, j.1. marriage has a different concept in hindu religion and philosophy. it is a sacrament and not a contract. two souls unite into one and a complete whole is created. the union .....

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Sep 18 2000 (HC)

Raghubir Yadav Vs. Smt. Purnima Kharga (Yadav)

Court : Madhya Pradesh

Decided on : Sep-18-2000

Reported in : II(2001)DMC79

..... position is not that good as has been determined by the learned ixth additional district judge, jabalpur in a proceeding under section 24 of the hindu marriage act, 1955 (hereinafter referred to as 'the act').2. in this civil revision challenge is to the order dated 25.9.1998 passed ..... cannot be excessive or extortionate.'(quoted from the placitum)8. the present factual matrix has to be tested on the touchstone of the aforesaid enunciation of law. submission of mr. hyder, learned counsel for the petitioner, is that the petitioner had produced his income-tax returns and, therefore, the determination ..... the capacity of the husband to pay having regard to his reasonable expenses for his own maintenance and of those he is obliged under the law and statutory but involuntary payments or deductions. the amount of maintenance fixed for the wife should be such as she can live in reasonable ..... of brother or sister by the opposite party. after all, court cannot be expected to adopt a mechanical approach while interpreting the provisions of law incorporating principles of social justice like section 24 of the act.'thus, from the aforesaid, it becomes crystal clear that maintenance allowance pendente lite ..... the income of a party only involuntary deductions like income-tax, provident fund contribution, etc., are to be excluded; and (2) though under the law opposite party may not be obliged to maintain brother or sister but if that brother or sister having no income is living with the opposite party .....

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Jul 06 2000 (HC)

Jayaswals Neco Limited Vs. Isher Alloy Steels Ltd. and anr.

Court : Madhya Pradesh

Decided on : Jul-06-2000

Reported in : 2000(4)MPHT452; 2000(3)MPLJ216

..... the drawer's bank or to the payee's bank as per provisions of section 138 of the negotiable instruments act and therefore the impugned order is not sustainable in law.4. having heard the learned counsel for both the sides, i am of the view that the contention raised by the learned counsel for the petitioner has considerable substance. the ..... . 10,00,000/-. when the cheque was sent to the bank, it was dishonoured as its payment was stopped by the drawer. the petitioner gave a notice as required by law and ultimately filed a criminal complaint against them which was registered as per order dated 6-7-1998 passed by the learned j.m.f.c., raipur in criminal case ..... the date on which it was drawn.6. in view of above, the petition is allowed. the impugned order passed by the learned special judge, raipur is not sustainable in law and therefore it is quashed, while the order dated 6-7-98 passed by the learned j.m.f.c., raipur is restored. .....

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Jan 03 2000 (HC)

Subhash Kharate Vs. State of M.P.

Court : Madhya Pradesh

Decided on : Jan-03-2000

Reported in : 2000CriLJ1178; 2000(2)MPHT59

..... the appellant also deserves acquittal of the alleged charges.19. in view of the aforesaid discussion and appreciation of the evidence, available on record as also the law applicable to the case on hand, in my considered opinion, the trial court committed an error in convicting and sentencing the appellant for the offence punishable under ..... the accused in a golden scale, applying the standard of proof required by the prosecution to prove the charges alleged against the accused. in view of the law laid down by the apex court in kaliram's case (supra) and also in mansingh 's case (supra), it is well settled that the onus ..... examination and contradictions the witness stands thoroughly discredited or can still be believed in regard to a part of his testimony.'15. in the light of the law laid down by the apex court in sat paul's case (supra) in my opinion, the statement of malkhandas cannot be thrown out in limine, ..... when the witness is cross-examined and contradicted with the leave of the court by the party calling him, his evidence cannot as a matter of law be treated as washed off the record altogether. it is for the judge of fact to consider in each case, where as a result of such ..... 4 stands rebutted.'13. on considering the evidence of the prosecution and the defence available on record of the case on hand, in the light of the law laid down by the apex court in the aforesaid decisions, in my opinion, the prosecution initially failed to establish that house no. 1 situated at manoramaganj, .....

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Aug 22 2000 (HC)

Kedia Distilleries Ltd. and anr. Vs. Chhattisgarh Chemical Mill Mazdoo ...

Court : Madhya Pradesh

Decided on : Aug-22-2000

Reported in : [2000(87)FLR547]; (2000)IILLJ1177MP

..... court within whose jurisdiction the tribunal concerned falls. the tribunals will, nevertheless, continue to act like courts of first instance in respect of the areas of law for which they have been constituted. it will not, therefore, be open for litigants to directly approach the high courts, even in cases where they ..... pillar to post to get his legitimate dues sanctioned merely because the sick company refused to perform its statutory duty compelling him to take recourse to law. if the view suggested by the petitioner is accepted, then there is likelihood of great mischief. no worker will be paid wages when they become ..... to make the workmen financially crippled so that they could not defend their right. authorities on this question are available at one place in the book industrial law at page 1435. 'in v.a. unnis v. management of m.a. khizar hussain & sons (p) the award of the labour court directed ..... with the provisions of section 65(3) of the act? (iv) whether in case where the award is found to be prima facie untenable in law or grossly erroneous or perverse, this court is possessed of the discretion to direct non-compliance of the provisions of section 65 of the act (v) ..... of the reference by the industrial court which shall proceed in the matter uninfluenced by any such observations if any, and is in accordance with law. thereafter the industrial court proceeded to hear the matter and handed over the award which as stated earlier has been challenged by the petitioner in the .....

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Jan 18 2000 (HC)

Rajkumar and anr. Vs. State of M.P.

Court : Madhya Pradesh

Decided on : Jan-18-2000

Reported in : 2000CriLJ1896

..... have to be drawn from a given set of facts and circumstances with realistic diversity and not dead uniformity lest that type of rigidity in the shape of rule of law is introduced through a new form of testimonial tyranny making justice a casualty'. the court must deal rape cases with utmost sensitivity taking every precaution that an innocent person is .....

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Jun 10 2000 (HC)

Procter and Gamble Home Products Ltd. Vs. C.C. and C. Ex.

Court : Madhya Pradesh

Decided on : Jun-10-2000

Reported in : 2001(128)ELT330(MP)

..... .30. mr. mathur, learned senior counsel, has assailed the very essence of the show cause notice to highlight that it is unwarranted in law as nothing has been putforth in specific terms. he has also disputed the fact of relationship between the two companies and has submitted that both ..... raw material.3. as could be evident from the terms and conditions of the agreement, the noticee holds not only the ownership of the trade law-material and the packing materials. the goods are being manufactured by pgi on the specifications provided by the noticee. in this connection, the statement ..... , suppression of facts or of wilful misrepresentation. moreover, until the approval accorded by the excise officials to the classification list is reviewed in accordance with law, the question of any short levy, as alleged in the notice, does not arise. under the circumstances, it cannot but be held that the ..... on the decision -endered in the case of smt. shrishti dhawan v. shaw brothers, air 1992 sc 1555. he has also referred to administrative law by wade (7th edition chapter 9) to highlight the concept of error outside jurisdiction.19. as far as related person is concerned submission of mr. ..... the companies as manufacturers clearly exposes the non-application of mind of the commissioner and that makes the show cause notices vulnerable in the eye of law.12. mrs. indira nair, learned counsel for the respondent raised the following submissions:(a) the show cause notice is clear, unambiguous and based on .....

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Aug 24 2000 (HC)

Dhartipakad Madan Lal Agrawal

Court : Madhya Pradesh

Decided on : Aug-24-2000

Reported in : 2000(4)MPHT131; 2000(3)MPLJ318

..... argument, which is either intemperate or unparliamentary and which has the tendency to interfere in the administration of justice and undermine the dignity of the court and the majesty of law. no system of justice can tolerate such unbridled licence on the part of a person, be he a lawyer, to permit himself the liberty of scandalising the court by ..... brought in the court with the interval of every two minutes;(iii) (a) posing himself to be a future rashtrapati (president of india), the contemner exclaimed that he will enact laws to prevent judges from becoming autocrats;(b) he would enact legislation requiring every high court/supreme court judge to write a separate opinion;(iv) he reminded us of his towering ..... the same amounts to a flagrant onslaught on the independence of the judiciary, destructive of the orderly administration of justice and a challenge to the supremacy of the rule of law. even a cursory reading of the remarks made against the learned judge of the high court unambiguously showed that the potentially prejudicial utterances and the outrageous allegations rumbustiously and invectively ..... a threat in argument. humility is not servility and courtesy and politeness are not lack of dignity. self-restraint and respectful attitude towards the court, presentation of correct facts and law with a balanced mind and without overstatement, suppression, distortion or embellishment are requisites of good advocacy. a lawyer has to be a gentleman first.7. in case of mohd. zahir .....

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