Court : Madhya Pradesh
..... of the deceased ram dayal was with jail administration. after the incident, police personnel deputed to police post, reached the spot and crime no. 564/14 under section 302/34 of the ipc has been registered with regard to murder of ram dayal and charge-sheet has also been filed. it is further stated that hospital ..... which is guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortious acts of the public servants. public law proceedings serve a different purpose than the private law proceedings. award of compensation for established infringement of the indefeasible rights guaranteed ..... thus: "in this context, it is sufficient to say that the decision of this court in kasturilal upholding the state's plea of sovereign immunity for tortious acts of its servants is confined to the sphere of liability in tort, which is distinct from the state's liability for contravention of fundamental rights to which the .....
Tag this Judgment!Court : Madhya Pradesh
..... passed. the object is also to prevent multiplicity of the proceedings, however this aspect is taken care of by the doctrine of lis pendens as manifested in section 52 of the transfer of property act. 9. the prayer for temporary injunction in law is made out when three basic ingredients, i.e. prima facie case, balance of convenience and irreparable loss are .....
Tag this Judgment!Court : Madhya Pradesh
..... the same judgment, which, however, does not take the matter any further for deciding the argument under consideration. in that, issuance of a notification under section 6 of the act is not envisaged for entrusting the investigation to cbi on the basis of consent given by the state government. accordingly, the point under consideration deserves to ..... of this court dated 16th april, 2014, but, anterior thereto i.e. on 22nd november, 2013. moreover, the statement of accused recorded under section 27 of the evidence act has been made part of the charge-sheet in the concerned crime. that has no causal connection with pmt vyapam examination scam cases under monitoring of ..... at page 231, in writ petition no.11695/2014), of one mihir kumar choudhary named as an accused in crime no.15/2013 recorded under section 27 of the evidence act. according to the learned counsel, the aforesaid statement indicates complicity of shri sudarshan in the commission of the alleged offence. inspite of that, the stf .....
Tag this Judgment!Court : Madhya Pradesh
..... petitioner under his own signature is a mandatory requirement and the non-compliance with that requirement should result in the dismissal of the petition as provided in section 94 of the act. the high court was, therefore, right in dismissing the petition on the above ground." this view is consistently followed by various high courts in the ..... 12. this is not in dispute that election of a candidate can be called in question in an election petition only as per the grounds mentioned under section 100 of the rp act. apart from this, i deem it apposite to reproduce the following provisions, which are necessary for adjudication of this matter :- "81(3) every election ..... (a) of cpc read with order 6 rule 16 cpc for dismissing the election petition and ia no. 3224/2014, another application filed under section 81(3) read with section 86 of the rp act. 2. the petitioner, a member of bhartiya janta party (bjp), submitted his nomination to contest the state legislative assembly election of 2013. the .....
Tag this Judgment!Court : Madhya Pradesh
..... this method must be free from hyper-technicalities and unnecessary procedural rigmarole. a summary and simplified procedure is sought to be introduced by way of act of 1996. section 19 of the act also shows the intention of the law makers that strict principles of civil procedure code would not be applicable. for this reason, i am unable to ..... from this, in indowind energy ltd. (supra), the agreement was entered into between wescare and subuthi. indowind energy ltd. resisted the petition filed under section 11(6) of the act by wescare ltd. on the ground that it was not a party to the relevant agreement entered into between wescare and subuthi. the apex court after ..... the validity, existence or legality of the challenged contract containing the arbitration agreement. in the same judgment, the apex court opined that as per section 20 of indian contract act, 1872, where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is .....
Tag this Judgment!Court : Madhya Pradesh
..... of the respondents with regard to location of the toll plaza at its existing place. 15. the state government in exercise of power under section 2 read with section 4 of the indian tolls act, 1851 has issued a notification dated 31.1.2014. paragraph 4 of the aforesaid notification deals with exemption from payment of toll. the ..... government has the power to cause levy of toll. it is also pointed out that the state government in exercise of power conferred by section 2 read with section 4 of the aforesaid act has issued notification dated 31.1.2014 by which the state government has granted sanction for levy of toll at per trip per vehicle ..... madhya pradesh and those on government duty. (2) vehicle belonging to the hon ble member of parliament and member of legislative assembly. (3) all vehicles belonging to the indian army on duty. (4) ambulances. (5) fire brigades. (6) vehicles belonging to the indian posts and telegraph department. (7) vehicles belonging to ex-member of parliament and .....
Tag this Judgment!Court : Madhya Pradesh
..... counsel for the petitioner submits that the strict principles of cpc are not applicable in industrial adjudication. certain provisions of cpc are borrowed under section 11(3) of industrial disputes act, 1947 (id act). he relied on an unreported judgment of karnataka high court in w.p.no. 19333/2012 (m/s automobile service centre vs. s ..... documents and material; (c) issuing commissions for the examination of witnesses; (d) in respect of such other matters as may be prescribed, 10. section 11(3) of the act makes it clear that provisions of cpc are borrowed to a limited extent. thus, proviso to order 6 rule 17 cpc cannot be made applicable in ..... 2012 whereby application for amendment preferred by the petitioner/employer is rejected by the labour court. 2. the services of the respondent were terminated by the petitioner army public school. the respondent raised an industrial dispute which, in turn, was referred to the labour court by the state government. the respondent filed its statement .....
Tag this Judgment!Court : Madhya Pradesh
..... rules, in regard to matters covered by such special provisions; (10) because of the fact that there is special provision of madhya pradesh police regulation constituted under section 2 of the indian police act, 1861 in regard to police inspectors, the appellant's claim could not be considered under the provisions of cca rules. the argument raised in this respect by the ..... b.d. rathi, j: (1) this appeal has been preferred under section under section 2(1) of the madhya pradesh uchcha nyayalaya (khand nyayapeeth ko appeal) adhiniyam, 2 w.a.172/14 (manoj verma vs. state of m.p. and ors.) 2005 having being .....
Tag this Judgment!Court : Madhya Pradesh
..... their own land. this is the case where in order to ensure safety of troops which is of paramount importance, the army authorities are constructing a wall over a(1) defence land. 8. section 258 of the act is not at all applicable in the present case. not only this, the villagers of village telikheda, for going to ..... land belonging to the state government on the east river bank of river gambhir has been encroached by the army authorities and as the existing road has been blocked the same is violative of sec. 258 of the cantonments act. it has also been stated that the petitioners do not have access to their land and therefore, the ..... been vacated and they are constructing a boundary wall. contention of the petitioners is that the army authorities while constructing a boundary wall are blocking the existing road which is impermissible in law keeping in view sec. 258 of the cantonments act, 2006. the petitioners thereafter served notices to the respondents requesting them to stop construction of .....
Tag this Judgment!Court : Madhya Pradesh
..... passed by the jmfc, bhopal in a misc. criminal (private complaint) case no.5299/08, whereby in a proceeding filed by the respondent under section 138 of negotiable instruments act the right of the applicant to cross-examine the respondent's witness the complaint himself has been closed. after taking me through the impugned orders of ..... premises also the impugned order could not be interfere at this stage. in continuation he also argued that in view of availability of alternate remedy provided under section 311 of cr.p.c. for recalling the witness by entertaining and allowing this petition the applicant could not be permitted to defeat 3 the procedure ..... shri vivek baderiya, learned counsel for the applicant. shri surendra verma, learned counsel for the respondent. heard. this petition is preferred on behalf of the applicant under section 482 of cr.p.c. being aggrieved by the order dated 16.8.2013 passed by 8th additional sessions judge, bhopal in criminal revision no.343/13, affirming .....
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