Court : Madhya Pradesh
Decided on : Mar-22-2002
Reported in : 2002(5)MPHT241
..... injuries sustained by aruna were not accidental. she committed suicide within 3-1/2 years of her marriage because of the cruel treatment by her husband. therefore, section 113a of the evidence act springs into action. having regard to all the circumstances of the case it must be held that the accused abetted the commission of suicide by his wife. there ..... ailment but at the time of the commission of suicide she was not of 'unsound mind' so as to be incapable of knowing the nature of her act within the meaning of section 84 of the indian penal code. she was not labouring under any defect of reason at the time she caused burns to herself. it was on account ..... but as her dying declaration shows there was a persistent course of cruel conduct on the part of the husband. he is, therefore, guilty of the offence punishable under section 306, ipc and the trial court has rightly convicted him.12. keeping in view all the facts and circumstances of the case the sentence deserves to be reduced. aruna .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-23-2002
Reported in : 2002CriLJ3364
..... injuries' sustained by aruna were not accidental. she committed suicide within 3 1/2 years of her marriage because of the cruel treatment by her husband. therefore, section 113a of the evidence act springs into action. having regard to all the circumstances of the case it must be held that the accused abetted the commission of suicide by his wife. there ..... mental ailment but at the time of the commission of suicide she was not of 'unsound mind' so as to be incapable of knowing the nature of her act within the meaning of section 84 of the indian penal code. she was not labouring under any defect of reason at the time she caused burns to herself. it was on account ..... her but as her dying declaration shows there was a persistent course of cruel conduct on the part of the husband. he is, therefore, guilty of the offence punishable under section 306, i.p.c. and the trial court has rightly convicted him.12. keeping in view all the facts and circumstances of the case the sentence deserves to be .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-11-2002
Reported in : 2002(1)MPHT315
..... that in view of the high reputation enjoyed by the institution for its excellence, it is unnecessary to seek to apply provisions like section 10 of delhi school education act to the frank anthony public school. on the other hand, we should think that the very contribution made by the teachers to earn ..... vires. we have carefully perused the provisions enumerated in the university grants commission act, 1956. section 2 of the said act defines certain aspects. section 3 stipulates application of the act to institutions for higher studies other than universities. chapter-ii of the act deals with establishment of commission, composition of the commission, terms and conditions of ..... give any idea as to the conditions which it has to fulfil before it can apply for permission under the act, nor are the tests indicated for refusing permission or cancelling under section 7 of an already granted permission. the authority concerned has been left with unrestricted and unguided discretion which renders the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-07-2002
Reported in : 2002(5)MPHT354
..... due and become payable under the contract, the jurisdiction of the arbitrator to consider and award interest in respect of all periods subject only to section 29 of the arbitration act, 1940 and that too the powers of the court thereunder, has to be upheld. the submission that the arbitrator cannot have jurisdiction to award ..... there was no dispute or difference existed between the parties for the reference of the same to the arbitrator. the court below found that under section 30 of the arbitration act, 1940 validity of the award can be challenged at this stage also and in this regard reliance has been placed on supreme court judgment in ..... 5-1981 the reference court referred the matter to the arbitrator as per the agreement. originally major general incharge administration central command (army) was appointed as an arbitrator but on his expressing inability to act as arbitrator, retd. major general shri s.n. bhatiya was appointed as arbitrator. the arbitrator passed his award on 14-6- .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-05-2002
Reported in : 2003CriLJ3682; 2003(1)MPHT380
..... was found in the serologist's report. therefore, on the basis of the solitary evidence of recovery of pajeb, at the most presumption against this appellant rajendra under section 114 of the evidence act would be that of receiver of stolen property. (see : surjit singh and anr. v. state of punjab (air 1994 sc 110) ; sulekh chand v. suresh chand and ors ..... ) vide exs. p-17 and p-18 and recovery was effected by s.i. d.s. kushwaha (p.w. 19) on the basis of his memorandum-statement under section 27 of the evidence act. 10. by recording of memorandum-statement ex. p-7 and seizure of pajeb with cash book has been duly supported by panch witness arun kumar (p.w. 3 ..... . (air 1991 sc 380); and satnarain sao v. state of bihar (air 1972 sc 1561). 14. we hold accused/appellant rajendra guilty of the offence punishable under section 411 of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-03-2002
Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463
..... 998, wherein lord greene in his inimitable style spoke thus :--'the first thing to one has to do, i venture to think, in construing words in a section of an act of parliament is not to take those words in vacua, so to speak, and attribute to them what is sometimes called their natural or ordinary meaning. few ..... either backward or forward. such stretching, in our considered opinion, is unnecessary unwarranted. the reasoning that when the pending appeals have not been saved under section 16 of the amending act is totally inconsequential because of non-saving of the same does not by necessary corollary nullify the right of hearing of the pending appeals preferred before the ..... colonial sugar refinery co. ltd. v. trying, (1905) ac 369 and also referred to the law laid down in the case of radhakishan laxminarain v. sridhar, air 1950 nagpur 177. it is apposite to mention here if the paragraphs 15 to 22 of garikapati (supra) arc analytically studied they do clearly convey that the right of appeal .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-17-2002
Reported in : 2003CriLJ2205; 2003(1)MPHT151
..... be related in some manner, with the discharge of his official duty. no question of sanction can arise under section 197, unless the act complained of is an offence; the only point for determination is whether it was committed in the discharge of official duty. there must be a reasonable connection ..... be one done or purporting to be done in execution of a duty. in hori ram singh's case (supra), sulaiman, j., observed :-- 'the section cannot be confined to only such acts as are done by a public servant directly in pursuance of his public office, though in excess of the duty or under a mistaken belief as to ..... . different tests have been laid down in decided cases to ascertain the scope and meaning of the relevant words occurring in section 197 : 'any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty'. the offence alleged to have been committed must have something to do, or must .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-01-2002
Reported in : AIR2002MP98; 2002(2)MPHT10
..... officer of any tribunal gets extended. at this juncture i may proceed to give example by referring to the provision of the consumer protection act, 1986. section 16 of the act deals with composition of the state commission. it provides each commission shall constitute that a person who has been judge of the high court appointed ..... the provision, i am of the considered opinion the term of the members does not stand extended because of the language employed under section 74 of the reorganisation act. section 74 of the reorganisation act by no stretch of imagination, can be construed to lay down that the term of a member of any body or a presiding ..... by efflux of time is ostracized.' 7. to appreciate the rival submissions raised at the bar, it is apposite to refer to certain provisions of the reorganisation act. section 2(e) deals with 'existing state of madhya pradesh'. it reads as under :--'existing state of madhya pradesh means the state of madhya pradesh as existing immediately .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-24-2002
Reported in : 2002CriLJ4808; 2002(4)MPLJ269
..... more seeping into, such statement has a credence, and hence can be used, though not as substantive evidence, as corroborating evidence, on the principle adumbrated in section 157 of the evidence act. the main test is whether the statement was made as early as can reasonably be expected in the circumstances of the case and before there was opportunity for ..... genitals on medical examination but the chemical test of the vaginal swab confirms that she was subjected to sexual intercourse. the husband of the prosecutrix is working in the army and he was not at panna and therefore, it cannot be said that she might have had sexual intercourse with her husband.13. after scrutiny of the defence evidence ..... . 10) has deposed that she is working as a nurse in the district hospital, panna since 1982; she belongs to kerala state and her husband is employed in the army; on 19-12-1997 at about 9 p.m. she was going to the hospital on feet; accused munshi came from behind and lifted her bodily; he put his .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-07-2002
Reported in : (2002)175CTR(MP)92
..... activities are clearly in the nature of commercial activities intended to earn profit and, therefore, you were/are not entitled for registration under section 12a of the income tax act, 1961. your claim before the authorities below that you are like a state government department is also not correct because you ale registered as ..... undertaking the charitable, activities in the very nature which are defined in section 2(15) of income tax act, 1961.2. petitioner submits that this question was adjudicated by the income tax department whether petitioner can avail such an exemption considering the nature ..... orderarun mishra, j.petitioner is assailing the issuance of show-cause notice as to why registration be not cancelled under the provisions of section 12a read with section 12aa of income tax act. petitioner was granted registration as charitable institution. petitioner is an undertaking of state of m.p. according to the petitioner, it is .....
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