Court : Madhya Pradesh
Reported in : 2001(5)MPHT238
..... from serious infirmities. the prosecution did not associate independent witnesses though available since the incident took place at a crowded place. to involve the accused and secure their conviction, relation witnesses have been produced in support of the case. however, there is complete failure to substantiate that the crime was committed by ..... but for bringing such hearsay evidence within the provisions of section 6, what is required to be established is that it must be almost contemporaneous with the acts and there should not be an interval which would allow fabrication. the statements sought to be admitted, therefore, as forming part of res gestae, must ..... and submitted that the evidence of hostile witnesses cannot be treated as effaced or washed off the record altogether. evidence, which is otherwise acceptable, can be acted upon. we do not subscribe to the submissions advanced by the learned counsel for the state. reproduction of evidence of these witnesses clearly points out massive .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP27
..... , one of the seats being reserved for a member of the scheduled castes. the polling took place on 9-3-1957 and the respondents 1 and 2, who secured the largest number of votes, were declared elected to the general and the reserved seat respectively. on 25-4-1957, the appellant, who contested the election for the ..... their performance to appeal to the religious sentiments of the voters. those particulars, therefore, do not disclose any corrupt practice as defined in section 123(3) of the act and cannot be allowed. as regards items 3 and 4, since no fresh particulars were given, no question of amendment of the particulars relating thereto arises.11. corning ..... of khurai municipal committee, was himself a rival candidate on behalf if jan sangh.premnarain (p.w. 15), an ex-head constable and a previous convict under the prohibition act, held a licence from the municipal committee. ramashanker (p.w. 16), an uncle of an employee of the appellant, also holds a licence from the committee. all .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP380; 1958CriLJ1402
..... kesarsingh (p. w. 2) took place sometime after kalu (p. w. 11) had pacified accused ramlal. the attack upon him therefore cannot be correlated with any earlier act of the accused. in view of his inimical relations with the accused, the possibility of kesarsingh (p. w. 2) trying to implicate even innocent members of their family ..... parsons v. huff, 41 me. 411 (c), appleton judge has observed :'the truth or falsehood of testimony depends upon the motives, or the balance of motives, acting upon the witness at the time of its utterance. the motives which influence the human mind are as various as the feelings and desires of man.......there is no ..... ; failure to make it, has in this case, considerably weakened the position of the prosecution. the manner in which witnesses are confronted under section 145 of the evidence act with contradictions between their statements under section 162 cr. p. c., and those in court, is quite irregular, and at all events unhelpful. the entire statement under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ210
..... be held to be inadmissible. the document is more than 30 years old and required no proof. the provision of transfer of property act was not applicable in the erstwhile rewa state. that has come into force in the year 1950 as per adoption of the laws and orders of vindhya pradesh. thus, it is to be seen whether an ..... transfer of property act, and whether the provision of section 53a of the transfer of property act will have a retrospective effect.this point was fully dealt with by the learned ..... unregistered document prior to coming into force of the transfer of property act, can also be used for collateral purposes under section 53a of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2005]274ITR526(MP)
..... component at rs. 3,33,890. before the appellate authority it was contended that the assessing officer was required to issue notice under section 148 of the act to the assessee and receipt of notice by the husband would not sub-serve the purpose. the appellate authority accepted the aforesaid submission and set aside the order ..... huge difference in the stock shown by the bank authorities and the stock shown by the assessee. the assessing officer reopened the assessment under section 147 of the act and issued notices. the husband of the assessee had received the notice. thereafter, the husband participated in the assessment proceedings and the assessing officer determined the income ..... of income-tax (appeals) who had held that reassessment was invalid as there had been no personal notice on the assessee under section 148 of the income-tax act, 1961, though as a matter of fact the notice was served on the husband of the assessee and the assessee had participated in the proceeding before the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1979MP89; 1979MPLJ161
..... as being unstamped. in the meanwhile, the plaintiff moved several applications for postponement of recovery proceedings and offered to pledge stock of about 1 lac maunds of harra as security towards payment of the last instalment. vide ex. p. 14 dated 16-4-1952 the plaintiff applied to the secretary of the forest department for extension of time ..... of working. the divisional forest officer's coercive powers are given in section 83 of the forest act. this contemplates two stages (a) the seizure of the forest produce and (b) the sale thereof. when there is power of seizure to secure payment of a defaulted instalment, it logically follows that there is the power to order a stoppage ..... sections 6(1), 7, 12 and 37 shall apply to every arbitration under any other enactment for the time being in force. in the present case, admittedly, there is no statutory arbitration provided under the indian forest act. a full bench of this court in rama ratan gupta v. state of m.p., air 1974 madh pra 101 has .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(1)ALD(Cri)767; 2001(1)MPHT130
..... 000/- (rupees one lakh) issued by way of three cheques was not in any way due to the non-applicant. these cheques were issued normally by way of security of loan and the cheques issued were liable to be returned on completion of the construction of the building. clause no. 6 states that the first cheque shall be ..... the cheques issued by the applicant were of normal nature and did not create any liability in favour of the non-applicant. the cheques were issued by way of security for giving timely discharge of the construction of building. in such cases, no offence is made out for the reason already stated above.6. nobody appeared to ..... or other liability. the cheques were not issued for discharge of the aforesaid liability but only normally by way of security for construction of building.11. the nature of substantive offence shall be clear from section 138 of the negotiable instruments act, 1881, which reads as under :--'section 138. dishonour of cheque for insufficiency, etc., of funds in the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP145
..... fb)) rolls were prepared substantially according to the rules upto the stage of preliminary publication though in anticipation of those rules being brought into force or the government's direction in the matter. in ram chandra v. state of assam (air 1963 assam 168). only the period ..... could not be controlled or restricted by the rules framed by the government under section 29. section 31 (2) of the municipalities act provides as under:--'section 31 (2) disqualifications of voters:(1) a person shall be disqualified for registration in the electoral roll if ..... and respondent no. 3 and petitioner was defeated and respondent no. 3 was declared ejected.7. the scheme of the municipal act appears to be that before the elections of the municipal council are notified, the electoral roll of the legislative assembly pertaining to the ..... petitioner shall be entitled to costs of this petition. counsel's fee rs. 150/- if certified. the security amount deposited by the petitioner shall be refunded to him. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1975MP230
..... ) being the owner of the suit house, were in its possession and the -sale deed which was a bogus document executed by way of security to the loan transactions was not intended to be acted upon. it is further urged that the applicants (defendants) were not put in actual possession under the oral lease and the lease deed which purported ..... between defendant no. 1 and plaintiff's father-in-law, a bogus sale-deed was executed by the defendant no. 1 by way of security for the loans but the parties never intended to act upon that document. it was further averred that the defendant no. 1 continued to be in posse-ssion as owner and the suit premises was ..... not registered, could not be admitted in evidence to prove the delivery of possession to the applicants as tenants of the plaintiff. in our opinion, this contention has no force. the (plaintiff) non-applicant having already pleaded oral tenancy prior to the execution of the tease deed, it is for the plaintiff to lead evidence in support of it .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ154
..... paid to the respondents. the respondents, however, were not satisfied with the aforesaid award and claimed a reference under section 18 of the act, which was made and has been decided by shrir. p. tihaiya, iii additional district judge, rewa. according to the learned judge, ..... constitutional and legal rights and thereby promote justice. in the instant case, the court has overlooked its obligations under section 20 of the act, thereby causing serious prejudice to the petitioners. it is well settled that a mistake of the court cannot be permitted to cause injustice ..... in compensation to be awarded. a person claiming an interest in compensation is entitled to be heard under sections 20 and 21 of the act. the supreme court has since then given a liberal interpretation to this legal provision and the said interpretation has been consistently followed. in ..... fresh consideration, in accordance with law. no orders as to costs. the outstanding amount of security, if any, be refunded to the petitioners. .....
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