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Judgment Search Results Home > Cases Phrase: rationale Court: madhya pradesh Year: 1993 Page 1 of about 10 results (0.098 seconds)

Feb 12 1993 (HC)

Omprakash and ors. Vs. Suratram and ors.

Court : Madhya Pradesh

Decided on : Feb-12-1993

Reported in : 1994(0)MPLJ291

orderr.c. lahoti, j.1. petitioners have come up in revision feeling aggrieved by order dated 1-5-1992 of the trial court disposing of a preliminary issue holding the plaint liable to ad valorem court-fees under section 7(iv)(c) of the court fees act, 1870 and consequently insufficiently stamped at present.2. the suit property is an agricultural holding wherein the plaintiffs have a share along with the defendant no. 2 and others. on 4-7-1989, the defendant no. 2 has executed a deed of sale in favour of defendant no. 1 alienating the entire interest in the suit property. it appears that in executing the sale-deed and presenting it for registration, the defendant no. 2 has purported to act on his own behalf as also in the capacity of power of attorney holder of the plaintiffs- the sale-deed has been challenged by the plaintiffs on three grounds : firstly, that the defendant no. 2 was never appointed an attorney by the plaintiffs and hence could not have acted on their behalf; secondly, that pursuant to the registered agreement dated 5-7-1978, the interest of prabhudayal, the predecessor-in-interest of the defendant no. 2, was agreed to be transferred to the plaintiffs for a consideration of rs. 5000/-, the possession whereunder was also delivered to the plaintiffs and in defiance of the said agreement the defandant no. 2 could not have sold the suit property; and, thirdly, that the plaintiffs having been in adverse possession of the suit property for over 12 years prior to the .....

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Feb 26 1993 (HC)

Dhar Cement Ltd. and ors. Vs. State of M.P. Thr. Secretary, Ministry o ...

Court : Madhya Pradesh

Decided on : Feb-26-1993

Reported in : AIR1993MP251

order1. this order shall dispose of misc. petition no. 1770 of 1992 as also misc. petition no. 1852 of 1992 between the'same parties as they raise substantially the same question namely a rational nexus between the quantity of cement required to be obtained by the impugned tenders and the condition of production capacity imposed in the tenders.2. the petitioner is a limited company registered with the registrar of companies and is employed in manufacture of ordinary portland cement with most modern technology with dry process suspension preheater with rotary kiln technology by which process more than 95% of cement is produced in our country and in the world. the petitioner contends that the cement produced by it conforms to the standard prescribed by the bureau of indian standards under is-269/ 1976 of which a copy of current certificate issued by the bureau is annexure p-l. the petitioner contends that it is supplying cement to various government, department including the present respondents 2 and 3. all these averments are not disputed in return filed by the respondents.3. the main contention in both petitions raised by the petitioner is that in misc. petition no. 1770 of 1992 respondent no. 2 through its officer respondent no. 3 issued a tender notice dated 15-10-1992 (anenxure p-13) for supply of 4000 metric tonnes of cement to be supplied within a period of four months, while in misc. petition no. 1852 of 1992 the tender notice (annexure p-13) dated 4-11-1992 issued by .....

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Jul 30 1993 (HC)

Rashid Suhail Siddiqui and ors. Vs. State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Decided on : Jul-30-1993

Reported in : 1994(0)MPLJ731

orderm.v. tamaskar, j.1. this order shall govern the disposal of misc. petition nos. 2540/93, 2766/93, 2767/93, 2883/93, 2441/93 and 2987/93 also.2. the petitioners who are law graduates and some of whom are practising advocates having been enrolled in the state bar council of madhya pradesh, applied for appearing in the competitive test held by the m. p public service commission for appointment to the state junior judicial service. advertisement no. 0292 was issued on 21st august, 1992 and published in all local news papers and the 'rojgar aur nirman' published by the m. p. public service commission. under the advertisement, there were 108 seats for the general category, 25 for scheduled tribes and 10 for scheduled castes. clause 10 of the advertisement is important in order to show as to what would be the nature of examination and procedure for selection. it was stated that a written examination will be held on 31-12-1992 (sunday). the examination was to be held in the subjects of law and general knowledge and it was also mentioned that in the attached schedule, the syllabus for the same was given. there would be only one question paper of 200 marks of the duration of three hours. it was specified that three times the number of posts advertised would be called for interview and the marks for interview would be 25. the marks of the interview would be added to the marks obtained at the written examination and merit will be decided accordingly. it was also stated that right to .....

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Oct 09 1993 (HC)

Ujjawal Feeds Vs. Sales Tax Officer and anr.

Court : Madhya Pradesh

Decided on : Oct-09-1993

Reported in : 1994(0)MPLJ762; [1994]95STC447(MP)

m.v. tamaskar, j.1. the petitioner is engaged in the business of manufacture of poultry feeds. by this petition, he challenges the order passed by the respondents 1 and 2 under the m.p. general sales tax act, 1958, in assessment and revision respectively for the period april 1, 1981 to march 31, 1982. the premises of the petitioner were raided by the sales tax flying squad and certain accounts were seized which were not reflected in the regular books of account. for the period april 1, 1981 to march 31, 1982, the petitioner had submitted returns of his gross and taxable turnover containing the gross turnover of rs. 24,49,006. from the said turnover, deduction was claimed in respect of tax-paid goods under section 2(r)(ii) at rs. 19,94,357 and the taxable turnover was shown at rs. 4,54,650. this deduction claimed was in respect of raw material which was said to be tax-paid, purchased by him for manufacture of the feeds and sold them in the market.2. the taxing authorities, taking into consideration the suppression, determined the gross turnover at rs. 26,40,000 and taxable turnover at rs. 10,44,800 and the claim for deduction was also reduced by 5 lacs from rs. 19,94,357 to rs. 15,95,000 on the ground that certain discrepancies of sales were noted in the account books of the assessee. a penalty of rs. 10,000 was also imposed under section 43(1) of the act for furnishing incorrect return;3. on revision, the enhancement and deductions made were upheld. against the said order of .....

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Apr 02 1993 (HC)

Sunderlal Patwa Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Decided on : Apr-02-1993

Reported in : AIR1993MP214

s.k. jha, c.j. 1. we have assembled today for the purpose of deciding only one incidental matter on which learned counsel for the parties insist. we give our ruling at the outset before we proceed further to hear the counsel for the parties on merits of the writ petition. that limited question as to the legality or propriety of the governor either in his official capacity or by name described as the governor, respondent no. 6 in the writ petition was warranted in law or was. precluded by virtue of the legal immunity attached to the governor on account of his acts done or purported to be done in his official capacity under the provisions of article 361 of the constitution of india. while on the one hand, shri n. c. jain, learned counsel for the petitioner insists that shri kunwar mehmood ali, governor of the state of madhya pradesh was a necessary party and no immunity could be enjoyed by him qua a governor under article 361 of the constitution, it was not only proper but legal for him to be arrayed as one of the respondents in this petition. on the contrary, the learned advocate general appearing for the state government and shri ravindra shrivastava, learned standing counsel for the union of india asserted that whether by name or qua governor, on the facts of the case, more so on the pleading of the petitioner, he is not only attracted the immunity clause under article 361 of the constitution but was not even a proper party in these proceedings.2-3. in order to decide that .....

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Aug 16 1993 (HC)

Kailashchandra Tejpal Vs. Vinod Guljarilal and ors.

Court : Madhya Pradesh

Decided on : Aug-16-1993

Reported in : 1993(0)MPLJ961

a.r. tiwari, j.1. this first appeal presented under section 96 of the code of civil procedure (for short the ecode') is directed against the judgment and decree dated 23-12-1988 rendered by vlth addl. judge to the court of the district judge. indore in cos no. 89-a/86 thereby passing the decree of eviction under section 12(1)(e) of the m. p. accommodation control act. 1961 (for short the 'act') together with mesne profits @rs. 115/- per months.2. briefly stated, the facts of the case are that the suit-house no. 30, bada sarafa, indore originally belonged to the joint family of deceased tejpal and deceased guljarilal. on partition by a registered partition deed dated 25-2-1953, this suit house fell to the share of guljarilal. the respondents are the sons of late guljarilal and the appellant is the son of tejpal. the respondents came with a case that the appellant occupied the first-floor and one room on the ground-floor as the licensee of the respondents. this licence was terminated by notices dated 9-4-1978 and 20-6-1978. the possession was demanded. the bona fide requirement was also asserted. the appellant disputed the allegation. it was pleaded that the appellant occupied the suit-premises in the capacity of a tenant and not as a licensee right from the time of partition. it was also pleaded that there was no bona fide requirement. the issue no. 1 as regards the licence, was not pressed by the respondents and was given up. the case was contested only on the ground of .....

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Apr 15 1993 (HC)

Rekha Vs. Ravindra Kumar

Court : Madhya Pradesh

Decided on : Apr-15-1993

Reported in : II(1993)DMC331; 1993(0)MPLJ719

r.d. shukla, j.1. the appeal is directed against the judgment and decree dated 28.2.86 of vth additional judge to the court of district judge, indore passed in case no. 56/78 under hindu marriage act, whereby a decree of divorce under section 13(1)(iii) of the act, has been granted against the appellant-wife.2. the undisputed facts of the case are that the parties (appellant & respondent) were married according to the hindu rites on 20th february'77. they lived together as husband and wife and a female child was born to appellant-wife on 9.1.78 out of their conjugal relations. during her pregnancy the appellant was treated by dr. dhodapkar. thereafter, she was taken to hospital at vellore on 27.7.78. she remained in the hospital upto 17.9.78. the petition for divorce has been filed on 6.11.78. accepting the contention of the husband-respondent a decree as above has been passed. this appeal was filed on 9.4.86. the respondent made appearance on the petition for divorce was filed on the ground that the non-petitioner-wife (appellant here) is suffering from psycho pathic disorder which afterwards was diagonised as schizophrenia. she is still intermittently suffering from mental disorder to such an extent that the petitioner cannot reasonably be expected to jive with the non-petitioner. the following facts have been narrated for showing the sufferings of mental disorder :few days after the consumption of marriage i.e. on 25.2.77 she suffered from psycho-pathic disorder .....

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Nov 05 1993 (HC)

Rod Singh Vs. State of M.P.

Court : Madhya Pradesh

Decided on : Nov-05-1993

Reported in : 1994CriLJ1440

a.r. tiwari, j.1. the verdict of guilt and incarceration for life under section 302, ipc, recorded by additional sessions judge, rajgarh (biora) in sessions trial no. 102/90 on 28th dec. 1991, are under challenge in this appeal presented under section 374 of criminal procedure code. (for short, 'the code').2. tersely stated, facts at the trial were that amarsingh (deceased) and kalibai (his daughter) were tattooing the morter to brand their house on 5-6-90 at about 12-30 p.m. in village aamlava. between the deceased and appellant, there existed an enmity over tamarind tree and bada. the appellant came there armed with a ballam (art a) and inflicted two injuries on the head of the deceased. the demnable incident was witnessed by the daughter kalibai (p.w. 4) and the labourer kesharbai (p.w. 1). certain persons gathered on the spot once the appellant had fled away. amarsingh, the injured, was taken to the police station, machalpur in a bullock cart by kalibai accompanied by ramlal (p.w. 5), bhagawansingh (p.w. 8) and madhusingh (p.w. 2). on the way, when questioned, amarsingh stated as dying declaration to madhusingh (p.w. 2) and ramlal (p.w. 5) that the appellant had assaulted him by ballam. without any attempt at dawdling away, kalibai lodged the first information report (exh. p/2) at 3.00 p.m. from there, amarsingh was rushed to the hospital, machalpur for treatment. there he succumbed to the injuries at. 3.35 p.m. on 5-6-90 itself. the fir was recorded by asi dayachand .....

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Apr 20 1993 (HC)

Ratanlal and anr. Etc. Vs. State of M.P.

Court : Madhya Pradesh

Decided on : Apr-20-1993

Reported in : 1993CriLJ3723

a.g. qureshi, j.1. this judgment shall dispose of criminal appeal no. 254 of 1992 and criminal appeal no. 256 of 1992 filed by ratanlal and shantabai and ravindra separately aggrieved by the judgment, dated, 9-6-1992, passed by the addl. sessions judge ujjain in s.t. no. 106 of 1990. whereby the appellants have been convicted for committing the offences under sections 306 and 304b of the indian penal code and sentencing each of them to 10 years r.i. for committing the offence under section 304b and 7 years r.i. with a fine of rs. 200/- each under section 306, i.p.c. and failing to pay the fine, sentence of one month's s.i. both the sentences are directed to run concurrently.2. the facts leading to this appeal in short are that the police jiwajigang submitted a charge-sheet before the competent magistrate against the present appellants under section 304b and 306, i.p.c. who committed the case to the court of session. in the sessions court charges under section 304b and 306, i.p.c. were framed against the appellants, who abjured guilt. after the trial, the lower court convicted and sentenced the appellants as above. hence this appeal.3. according to the prosecution story, the accused ravindra was married to the deceased usha on 8-12-1982 according to hindu rites. at the time of the marriage, a demand of dowry was made and a dowry of rs. 30,000/- was settled and the marriage was performed. after the marriage for demanding more dowry, the deceased was being harassed and thereupon .....

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Jun 30 1993 (HC)

Ambika Srivastava Vs. Madhya Pradesh State and ors.

Court : Madhya Pradesh

Decided on : Jun-30-1993

Reported in : 1994ACJ219

r.c. lahoti, j.1. this is a claimant s appeal under section 110-d of the motor vehicles act, 1939, seeking enhancement in the quantum of compensation awarded by the motor accidents claims tribunal, gwalior.2. the claims tribunal has found that on 10.5.1984 at about 12.45 p.m., the appellant was a passenger in a tempo which was dashed against by a jeep owned by the respondent no. 1, allotted to respondent no. 2 and driven by the respondent no. 3 at the material time. it was the rash and negligent driving of the driver which was the cause of the accident. the appellant was serving as a draftsman in m.p. p.w.d. and drawing rs. 755/- per month by way of salary. she was aged 21. the tribunal has awarded rs. 10,000/- for the medical expenses, rs. 3,000/- for special diet, rs. 2,000/- for mental pain and suffering, rs. 7,500/- for loss of efficiency and rs. 4,000/- for loss of future prospects. the total compensation of rs. 26,500/- has been awarded payable by the respondent nos. 1, 2 and 3 with interest calculated at the rate of 12 per cent per annum from 26.7.1984, the date of the claim petition, till realisation.3. it will be useful to notice the nature of injuries and the ordeal undergone by the claimant-appellant on account of the accident.4. the statement of the appellant is fully corroborated by dr. h.k.t. razaq supported by the documents, exhs. p-1 to p-12, believed by the tribunal. dr. razaq was lecturer in orthopaedics in the medical college at gwalior. the appellant's 1/ .....

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