Array ( [0] => ..... to establish that such person has abetted the commission of suicide and for the purpose of determining the act of the accused it is necessary to see that his act must fall in any of the 3 categories as enumerated under section 107 of the ipc and, therefore, it is necessary to prove that the said accused has instigated ..... the prosecution is believed even then the necessary ingredients of the offence punishable under section 306 of ipc are totally missing in his case. he has submitted that for establishing an offence punishable under section 306 of ipc, act of abetment as defined under section 107 of the ipc is required to be established. he has further submitted that ..... modesty was committed by the accused. on these facts at the most prima facie offence under section 354 can be said to have been committed by the accused petitioner but by no stretch of imagination it can be said that the act of accused petitioner was to instigate the deceased basanti to commit suicide, therefore, shri sinjonia ..... [1] => ..... the respondent because the respondent had not made the counter claim before the final authority under the terms of the works contract and under section 7-b of the adhiniyam, as amended by the amending act 36/95, the tribunal can not admit a reference petition unless the dispute is first referred for decision to the final authority under the ..... is a counter reference and can be entertained by the tribunal.4. the division bench in its order dated 22-2-2006 referred to section 7-b of the adhiniyam, as amended by the amending act 36/95, which provides that the tribunal shall not admit a reference unless the dispute is first referred for decision to the final authority ..... therefore been referred to us for our opinion.5. mr. s.s. bansal, learned counsel for the petitioner submitted before us that section 7-b(1) (a) of the adhiniyam, as amended by amending act 36/95 expressly provides that the tribunal shall not admit a reference petition unless the dispute is first referred for the decision of the ..... [2] => ..... the written statement that on the written report submitted by defendant, the police prima facie found that plaintiff has committed the offence, eventually, registered a case under section 354 and 506 ipc. the challan was rightly submitted in the competent court. it has been denied that on 3.8.1996 defendant along with prahlad and ..... kerala high court govind j. khona v. k. damodaran and ors. : air1970ker229 , it has been argued that unless and until it is proved that defendant acted without reasonable and probable cause a suit based on malicious prosecution cannot be decreed.17. in order to appreciate and to answer the above said substantial questions of law ..... seen that the defendant has initiated prosecution without himself holding an honest belief in the truth of the charge. thus, it cannot be said that he had acted upon reasonable and probable cause.19. in order to ascertain whether there was a reasonable and probable cause favouring defendant to prosecute the plaintiff it would be ..... [3] => ..... ground for proceeding further, take cognizance of the offence and issue process or (3) he may direct further investigation to be made by the police under sub-section (3) of section 156.in the present case, the chief judicial magistrate, morena, has mechanically accepted the report and dropped the proceedings and the records do not indicate that ..... magistrate also has the option to direct further investigation to be made by the police under sub-section (3) of section 156. in kashmeri devi's (supra), the supreme court after coming to the conclusion that prima facie the police had acted in a partisan manner to shield the real culprits and that the investigation had not been done ..... 34 of ipc and crime no. 547/1996 under section 309 of ipc should be finally closed. he submitted that it is for the court and not for the investigating agency to analyse the evidence collected during investigation and the dsp (p) cid investigation should not have acted like the court. he submitted that the report of ..... [4] => ..... personal claim of the claimants, they need mention in brief infra.2. this is an appeal (m.a. no. 248 of 1999) filed by the claimants under section (honda) 173 of the motor vehicles act against an were award, dated 16.9.1998, passed by learned third additional member, motor accidents claims tribunal, ujjain in claim the ase no. 7 of 1994 ..... this court at the instance of either parties for enhancement or reducing. it is a notional income which every claimant is entitled to claim in terms of schedule appended to act and hence, there arise no question of any reduction in the income. we, therefore, uphold this finding.12. accordingly, the claimants, i.e., the appellants are entitled to claim a ..... [5] => ..... is agricultural land for the purposes of the tenancy act, and the law requires that the sale of agricultural land or non-agriculturist permission under section 63 of that act is necessary and considering the provisions of the bombay land revenue code that the permission was necessary and ..... answered in the case of gordhanbhai kahandas dalwadi v. cit : [1981]127itr664(guj) , it is held while interpreting the provisions of the bombay tenancy and agricultural lands act, 1948, the definition of the word 'land' which is used for agricultural purposes or which is sometimes used as agricultural land, but is allowed to lie fallow, ..... in the absence of the permission the nature of land does not change.6. under section 172 of the m.p. revenue code, if ..... [6] => ..... of india. in this petition, the petitioner seeks to impugn the legality and validity of the notice dated march 30, 2005, issued by the assessing officer under section 148 of the income-tax act, 1961 (annex. c/1).3. this notice is sought to be impugned by the petitioner, inter alia, on the ground that it is barred by limitation ..... as provided under section 149(1)(a) or (b) ibid. according to the petitioner, though notice is dated march 30, 2005, but the same was issued by the department ..... actually on april 5, 2005 and, therefore, it contravenes the requirement of section 149 ibid. it is thus barred by limitation for making any reassessment.4. notice of this petition was issued to the respondents. they are served and represented.5. heard ..... [7] => ..... the previous year relevant to the assessment year for which the deduction is claimed have been audited by an accountant, as defined in the explanation below sub-section (2) of section 288, and the assessee furnishes, along with his return of income, the report of such audit in the prescribed form duly signed and verified by such ..... of cit v. shivanand electronics (supra), their lordships of the bombay high court have observed that the position may be different when an assessee does a particular act not within the specified time but after the expiry thereof and makes an application for condonation of delay. in such cases, depending on the language of the statute ..... otherwise of the relief on the basis of the facts and material available before him. the position may, however, be different where an assessee does a particular act not within the specified time but after the expiry thereof and makes an application for condonation of delay. in such cases, depending on the language of the statute ..... [8] => ..... the suit of the plaintiffs was not barred by limitation but was within limitation.4. aggrieved by the aforesaid, an appeal was preferred before the lower appellate court under section 96 of the code of civil procedure. during pendency of this appeal, the name of original plaintiff no. 1 smt. brijlata sharma was deleted and the appeal ..... notice has been given in writing to the office to which premiums under this policy were paid last atleast one calendar month prior to death.8. life insurance corporation act, 1956, is a beneficial piece of legislation. it was enacted to ensure absolutely security to the policy holder in the matter of his life insurance protection. naturally, ..... court are based on correct appreciation of the evidence on record and the same are not liable to be interfered with, in exercise of the limited powers under section 115 of the code of civil procedure.13. as regards question of limitation, it is suffice to say that both the courts below have concurrently held the suit ..... [9] => ..... vehemently argued that insurance company should be absolved as vehicle was driven against the policy of the vehicle. counsel for insurance company invited attention to section 2(14) of motor vehicles act which defines 'goods carriage'. he submitted that 'goods carriage' is the motor vehicle constructed or adapted for use solely for the carriage of goods ..... submitted that truck is a 'goods carriage' and in the 'goods carriage' passengers are not permitted to travel.5. he submitted that under section 149(2) of the motor vehicles act if the vehicle is used for hire or reward, then insurance company is not liable. the learned counsel for the insurance company has referred to ..... who is a third party travelling in a truck is entitled for compensation. on bare reading of section 147 of motor vehicles act, it is clear that insurance company is liable to indemnify third party in an accident. section 147(1)(b)(i) provides that insurance company under the policy is liable against any liability which ..... ) Explosives Act 1884 Section 4 Definitions - Court Madhya Pradesh - Year 2006 - Page 5 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: madhya pradesh Year: 2006 Page 5 of about 122 results (2.433 seconds)

Jan 05 2006 (HC)

Madhya Alias Mahadev Vs. State of M.P.

Court : Madhya Pradesh

Decided on : Jan-05-2006

Reported in : 2006(1)MPLJ583

..... to establish that such person has abetted the commission of suicide and for the purpose of determining the act of the accused it is necessary to see that his act must fall in any of the 3 categories as enumerated under section 107 of the ipc and, therefore, it is necessary to prove that the said accused has instigated ..... the prosecution is believed even then the necessary ingredients of the offence punishable under section 306 of ipc are totally missing in his case. he has submitted that for establishing an offence punishable under section 306 of ipc, act of abetment as defined under section 107 of the ipc is required to be established. he has further submitted that ..... modesty was committed by the accused. on these facts at the most prima facie offence under section 354 can be said to have been committed by the accused petitioner but by no stretch of imagination it can be said that the act of accused petitioner was to instigate the deceased basanti to commit suicide, therefore, shri sinjonia .....

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Apr 07 2006 (HC)

Ravi Kant Bansal, Engineers and Contractors Vs. M.P. Audyogik Kendra V ...

Court : Madhya Pradesh

Decided on : Apr-07-2006

Reported in : 2006(2)MPLJ299

..... the respondent because the respondent had not made the counter claim before the final authority under the terms of the works contract and under section 7-b of the adhiniyam, as amended by the amending act 36/95, the tribunal can not admit a reference petition unless the dispute is first referred for decision to the final authority under the ..... is a counter reference and can be entertained by the tribunal.4. the division bench in its order dated 22-2-2006 referred to section 7-b of the adhiniyam, as amended by the amending act 36/95, which provides that the tribunal shall not admit a reference unless the dispute is first referred for decision to the final authority ..... therefore been referred to us for our opinion.5. mr. s.s. bansal, learned counsel for the petitioner submitted before us that section 7-b(1) (a) of the adhiniyam, as amended by amending act 36/95 expressly provides that the tribunal shall not admit a reference petition unless the dispute is first referred for the decision of the .....

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May 18 2006 (HC)

Jagdish Rathore S/O Chokhelal Rathore Vs. Nathuram S/O Gorelal Chauras ...

Court : Madhya Pradesh

Decided on : May-18-2006

Reported in : AIR2007MP8

..... the written statement that on the written report submitted by defendant, the police prima facie found that plaintiff has committed the offence, eventually, registered a case under section 354 and 506 ipc. the challan was rightly submitted in the competent court. it has been denied that on 3.8.1996 defendant along with prahlad and ..... kerala high court govind j. khona v. k. damodaran and ors. : air1970ker229 , it has been argued that unless and until it is proved that defendant acted without reasonable and probable cause a suit based on malicious prosecution cannot be decreed.17. in order to appreciate and to answer the above said substantial questions of law ..... seen that the defendant has initiated prosecution without himself holding an honest belief in the truth of the charge. thus, it cannot be said that he had acted upon reasonable and probable cause.19. in order to ascertain whether there was a reasonable and probable cause favouring defendant to prosecute the plaintiff it would be .....

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Feb 17 2006 (HC)

Ran Singh Sikarwar Vs. the State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Feb-17-2006

Reported in : 2006(2)MPHT18

..... ground for proceeding further, take cognizance of the offence and issue process or (3) he may direct further investigation to be made by the police under sub-section (3) of section 156.in the present case, the chief judicial magistrate, morena, has mechanically accepted the report and dropped the proceedings and the records do not indicate that ..... magistrate also has the option to direct further investigation to be made by the police under sub-section (3) of section 156. in kashmeri devi's (supra), the supreme court after coming to the conclusion that prima facie the police had acted in a partisan manner to shield the real culprits and that the investigation had not been done ..... 34 of ipc and crime no. 547/1996 under section 309 of ipc should be finally closed. he submitted that it is for the court and not for the investigating agency to analyse the evidence collected during investigation and the dsp (p) cid investigation should not have acted like the court. he submitted that the report of .....

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Jan 16 2006 (HC)

Meena and ors. Vs. Madhya Pradesh State Road Trans. Corpn. and anr.

Court : Madhya Pradesh

Decided on : Jan-16-2006

Reported in : II(2006)ACC201; 2006ACJ2383

..... personal claim of the claimants, they need mention in brief infra.2. this is an appeal (m.a. no. 248 of 1999) filed by the claimants under section (honda) 173 of the motor vehicles act against an were award, dated 16.9.1998, passed by learned third additional member, motor accidents claims tribunal, ujjain in claim the ase no. 7 of 1994 ..... this court at the instance of either parties for enhancement or reducing. it is a notional income which every claimant is entitled to claim in terms of schedule appended to act and hence, there arise no question of any reduction in the income. we, therefore, uphold this finding.12. accordingly, the claimants, i.e., the appellants are entitled to claim a .....

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Apr 13 2006 (HC)

Rameshwarlal Purohit Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Decided on : Apr-13-2006

Reported in : [2008]301ITR282(MP)

..... is agricultural land for the purposes of the tenancy act, and the law requires that the sale of agricultural land or non-agriculturist permission under section 63 of that act is necessary and considering the provisions of the bombay land revenue code that the permission was necessary and ..... answered in the case of gordhanbhai kahandas dalwadi v. cit : [1981]127itr664(guj) , it is held while interpreting the provisions of the bombay tenancy and agricultural lands act, 1948, the definition of the word 'land' which is used for agricultural purposes or which is sometimes used as agricultural land, but is allowed to lie fallow, ..... in the absence of the permission the nature of land does not change.6. under section 172 of the m.p. revenue code, if .....

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Mar 27 2006 (HC)

Rajkumar Agrawal Vs. Commissioner of Income-tax and ors.

Court : Madhya Pradesh

Decided on : Mar-27-2006

Reported in : [2008]296ITR231(MP)

..... of india. in this petition, the petitioner seeks to impugn the legality and validity of the notice dated march 30, 2005, issued by the assessing officer under section 148 of the income-tax act, 1961 (annex. c/1).3. this notice is sought to be impugned by the petitioner, inter alia, on the ground that it is barred by limitation ..... as provided under section 149(1)(a) or (b) ibid. according to the petitioner, though notice is dated march 30, 2005, but the same was issued by the department ..... actually on april 5, 2005 and, therefore, it contravenes the requirement of section 149 ibid. it is thus barred by limitation for making any reassessment.4. notice of this petition was issued to the respondents. they are served and represented.5. heard .....

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Aug 29 2006 (HC)

Commissioner of Income Tax Vs. Panama Chemicals Works

Court : Madhya Pradesh

Decided on : Aug-29-2006

Reported in : [2007]292ITR147(MP)

..... the previous year relevant to the assessment year for which the deduction is claimed have been audited by an accountant, as defined in the explanation below sub-section (2) of section 288, and the assessee furnishes, along with his return of income, the report of such audit in the prescribed form duly signed and verified by such ..... of cit v. shivanand electronics (supra), their lordships of the bombay high court have observed that the position may be different when an assessee does a particular act not within the specified time but after the expiry thereof and makes an application for condonation of delay. in such cases, depending on the language of the statute ..... otherwise of the relief on the basis of the facts and material available before him. the position may, however, be different where an assessee does a particular act not within the specified time but after the expiry thereof and makes an application for condonation of delay. in such cases, depending on the language of the statute .....

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Jan 16 2006 (HC)

The Branch Manager, Lic of India and anr. Vs. Ku. Ankita and anr.

Court : Madhya Pradesh

Decided on : Jan-16-2006

Reported in : 2006(1)MPLJ419

..... the suit of the plaintiffs was not barred by limitation but was within limitation.4. aggrieved by the aforesaid, an appeal was preferred before the lower appellate court under section 96 of the code of civil procedure. during pendency of this appeal, the name of original plaintiff no. 1 smt. brijlata sharma was deleted and the appeal ..... notice has been given in writing to the office to which premiums under this policy were paid last atleast one calendar month prior to death.8. life insurance corporation act, 1956, is a beneficial piece of legislation. it was enacted to ensure absolutely security to the policy holder in the matter of his life insurance protection. naturally, ..... court are based on correct appreciation of the evidence on record and the same are not liable to be interfered with, in exercise of the limited powers under section 115 of the code of civil procedure.13. as regards question of limitation, it is suffice to say that both the courts below have concurrently held the suit .....

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Jan 25 2006 (HC)

Shanti and ors. Vs. Awadh Narayan Jaiswal and ors.

Court : Madhya Pradesh

Decided on : Jan-25-2006

Reported in : 2006ACJ1211

..... vehemently argued that insurance company should be absolved as vehicle was driven against the policy of the vehicle. counsel for insurance company invited attention to section 2(14) of motor vehicles act which defines 'goods carriage'. he submitted that 'goods carriage' is the motor vehicle constructed or adapted for use solely for the carriage of goods ..... submitted that truck is a 'goods carriage' and in the 'goods carriage' passengers are not permitted to travel.5. he submitted that under section 149(2) of the motor vehicles act if the vehicle is used for hire or reward, then insurance company is not liable. the learned counsel for the insurance company has referred to ..... who is a third party travelling in a truck is entitled for compensation. on bare reading of section 147 of motor vehicles act, it is clear that insurance company is liable to indemnify third party in an accident. section 147(1)(b)(i) provides that insurance company under the policy is liable against any liability which .....

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