Court : Madhya Pradesh Jabalpur
..... moreover the act of interpolation cannot be said to be done under the colour of official work. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... the case of the appellant does not fall under section 60, 61 or 62 of the ndps act, hence order of confiscation passed by the trial court be set aside.7. ..... being aggrieved by judgment dated 25.6.2008 passed by the special judge (ndps) act, bhopal in special case no. ..... where any narcotic drug, psychotropic substance or controlled substance is sold by a person having knowledge or reason to believe that the drug or substance is liable to confiscation under this act the sale proceeds thereof shall also be liable to confiscation.10. ..... -(1 in the trial of offences under this act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any article or thing seized under this act is liable to confiscation under section 60 or section 61 or section 62 and, if it decided that the article is so liable, it may order confiscation accordingly.a bare reading of this section provides that whether the accused is convicted or acquitted or discharged still the ..... i have perused the impugned judgment dated 25.6.2008, evidence and other material on record. ..... trial court is directed to release the seized currency notes in favour of appellant subject to filing clearance certificate under the provisions of income tax act applicable to the case of the appellant. ..... special judge framed charges under section 8(c) read with section 20(a), 8(c) read with section 29 and 27(a) of ndps act against the appellant.4. ..... section 62 of ndps act reads thus :- 62 ..... 63 of the ndps act reads thus :- 63. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... , "binding on all courts within the territory of india", though wide enough to include the supreme court, do not include the supreme court itself, and it is not bound by its own judgments but is free to reconsider them in appropriate cases. ..... we are also of the opinion that in view of the clear provisions of section 7(2) of the criminal law amendment act, 1952 and articles 14 and 21 of the constitution, these directions were legally wrong."16. ..... and others, w.p no.8777/2003 decided on 25.9.2008, the petitioner has filed the present petition during the pendency of the appeal before the commissioner. ..... a decision can be said generally to be given per incuriam when this court has acted in ignorance of a previous decision of its own or when a high court has acted in ignorance of a decision of this court. ..... and others, reported in ilr (2008) m.p. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... submits that the appellant does not want to challenge the conviction directed by the trial court but, since the appellant is a young youth of 21 years of age, who has no criminal past and who is in custody since 15.12.2008 i.e, he has undergone in custody for two years approximately and therefore, that custody period would be the appropriate sentence. ..... the prosecution story in short is that, on 23.11.2008 the complainant shashi jain had visited jain temple at shiv nagar with her daughter rekha jain. ..... since he has under gone the custody from 15.12.2008 which is almost of 23 months. ..... he has completed his age of 21 years at the time of crime therefore, he is not entitled to get any advantage of probation of offenders act due to his age. ..... there is no any other ground by which he may be given an advantage of probation of offenders act. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... it is only a benefit granted in certain circumstances de hors the normal rule of appointment and when the employer has a right to evolve an appropriate policy after considering various factors for granting such a benefit, the considerations have to be made in accordance with the policy that is prevailing at that point of time.2. ..... this petition under article 227 of the constitution of india is directed against the order dated 05-05-2008 passed by central administrative tribunal, jabalpur bench, jabalpur; whereby, original application no. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... pointed out by the members of the panchayat that petitioner has his own house in nighari, he staying in village nighari, he is not staying in the village majmani kala and, therefore, he is not suitable to be appointed, as he may not give appropriate time to work in panchayat. ..... panchayat in the application and documents filed by him, he has only submitted a certificate issued in the year 2001 showing him to be a resident of the local gram panchayat all other documents filed by him are of the year 2008 and 2009 subsequent to the date of selection. ..... error warranting interference because the sub divisional officer have recorded the finding with regard to the petitioner being a resident of the local area only on the basis of the voter list prepared in the year 2008 i.e. ..... divisional officer, the sub divisional officer took note of all these factors and interfere in the matter only because name of the petitioner was incorporated in the voter list of village majmani kala in the year 2008. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... 8- in view of the above, once on an appropriate enquiry conducted by a competent authority the question is decided, and when opportunity was granted to the petitioner and when he failed to avail of the same, now this court does not deem it appropriate to enter into the controversy afresh. ..... mahesh deorao bhivapurkar and others, 2008(9) scc 54; and, a judgment by a bench of this court in the case of domudas s/o shyamadas dhakate v. ..... state of mp and others, 2008 (3) mplj 654, shri s.s. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... general form and such number as may be determined;(f) to assign numbers to all publications and to maintain official record of all publications;(g) to be responsible to the vice-chancellor in exercise of the powers and discharge of the duties under the act;(h) to undertake teaching work;(i) to perform such other duties as may be conferred or imposed on him by statutes, regulations or by the vice-chancellor with the prior approval of the board. ..... that being so, it would be appropriate to consider the provisions of the statute referred to shri manoj sharma, learned counsel for the petitioner. ..... the statutory provisions as indicated hereinabove does not contemplate any provision on the basis of which it can be said that as professor and head of the department, college of agriculture, ganj basoda or as acting dean of the college, petitioner is to work or report to any other dean or director holding analogous status. ..... dubey refutes the aforesaid contention.7- taking me through the provisions of the jnkvv act, 1963; and, the statutes of 1964, shri p.n. ..... filed and produced for perusal of this court are the jawaharlal nehru krishi vishwa vidyalaya statutes 1964, which have come into force with effect from 1.12.1964 and is formulated under the jnkvv act, 1963. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... in these circumstances, present suit for declaration of title of property without further relief of possession is hit by proviso to section 34 of the specific relief act, 1963 and is not maintainable in the eye of law.30. ..... 10344/2008, learned counsel for the appellants has submitted that document attached with this application was filed before the supreme court and on the basis of these documents, case was remitted to this court for ..... 10344/2008 has been filed by the appellants under order 41 rule 27 of the cpc for additional evidence, i.a. no. ..... defendants/appellants specifically denied the fact that cause of action arose in the month of september, 1985 when plaintiffs came to know about the wrongful act of defendants no. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... the respondent no.5 remained on deputation for about two years only and with effect from 14 th february, 2008 till this time he is not working in borrowing department, and now he is working in his parent department for more than two and half years, however, looking to the report annexure p/5 allowing the respondent no.5 to work as ..... letter was processed as per note-sheet of the ministry of human resources department dated 12.1.2008 (annexure rj-9) and processed vide letter of the ministry dated 18.1.2008, and the consent of the ncert vide letter dated 23.1.2009 has been obtained. ..... on filing original application before the tribunal, the order of status quo was passed on 18.2.2008, but prior to the same, he was relieved from psscive, thus on the date of passing of the order he was not working in borrowing ..... mahendra singh chouhan, addressed to the minister of human resource department, new delhi dated 02/01/2008 wherein the performance of respondent no.5 has been admired to the extent that on account of his posting on deputation the work of rural development department, nitttr has suffered to a large extent, however, requested to recall the order ..... it is apparent that the order of repatriation is based on the letter annexure rj-5 dated 2.1.2008 and the action has not been taken to repatriate respondent no.5 on the basis of the ..... was also made to give the institution an autonomous shape and to cover it into a society under the societies registration act with an oblique intention. .....
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