Court : Madhya Pradesh
Reported in : 1980CriLJ183
..... waltair (andhra pradesh). number of culprits connected-with these incidents are absconding as per case diary. there is prima facie material to indicate that explosive law and order situation was created by the acts and inflammatory speeches of the leaders and other union workers. in these circumstances, i am definitely of the view that in view of the ..... and 114 of 1978 were registered on april 3, 1978 and crime no. 118 of 1978 was registered on april 5, 1978-smt. basant rani was arrested under section 151 of the cr. p. c. which enraged indrajitsingh who collected number of labourers and incited them by inflammatory speeches. indrajitsingh incited the labourers to flow rivers of ..... put to jeopardy on frivolous grounds at the instance of unscrupulous or irresponsible persons or officers who may sometimes be in charge of prosecution-x x x x xthat section 438 of the code is an extraordinary remedy and should be resorted to only in special cases.(para 25 p. 379)15. in state of rajasthan, jaipur v .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP95
..... of the railway in respect of the period up to the termination of transit. when the transit terminates has been indicated in clause (a) of sub-section (5) of section 77 of the act. it says 'unless otherwise previously determined, transit terminates on the expiry of the free timeallowed (after the arrival of animals or goods at destination) for ..... or the consignee; (g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods; (h) latent defects; (i) fire, explosion or any unforeseen risk; provided that even where such loss, destruction, damage, deterioration or nondelivery is proved to have arisen from any one or more of the aforesaid causes, the ..... the termination is divided into two distinct periods of time (1) within 7 days and (2) after seven days of the termination of transit. sub-section (1) of section 77 of the act lays down that for loss, etc. of the goods within 7 days the liability of the railway would be that of a bailee; but for goods .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1986]158ITR705(MP)
..... 8. after hearing the submissions of either side, the tribunal by its order under consideration decided that the income-tax officer was justified in invoking section 145(2) of the act. it also held that having regard to the circumstances and relations of the witnesses with the assessee, the agreements could not be relied upon. ..... raising cost of manganese for the assessment year 1962-63, the appellate assistant commissioner confirmed the amount of rs. 8,409 on account of stores and explosives expenses the appellate assistant commissioner disallowed rs. 5,000 on the ground of excessive consumption of coal in respect of ghorwari and hirdyagarh colliery. he also ..... assumption, the income-tax officer, the appellate assistant commissioner and also the tribunal did not accept the accounts submitted by the assessee and applied section 145(2) of the act but in the orders passed by the income-tax officer, the appellate assistant commissioner or the tribunal, there was no material to find fault .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1985MPLJ596; [1986]61STC102(MP)
..... that these articles which have now been excluded by the sales tax officer from the registration certificate from the category of raw material are all ingredients of explosives which are used in the process of blasting underground mines and, therefore, will squarely fall within the definition of 'raw material'. the learned counsel placed ..... goods from that date. the goods deleted have been stated by the petitioner as under:gun powder, gelignite, detonators and safety fuses of all kinds and explosives of all kinds, saltpetre, sulphur, cartridge paper, electrodes (all required for blasting the mines underground).this amendment made in the registration certificate is being challenged by ..... this petition.6. according to the petitioner, the definition of 'raw material' as contained in clause (1) of section 2 of the m.p. general sales tax act is wide enough to cover these goods and therefore the sales tax officer committed an error in excluding these articles.7. the learned .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1987MP65
..... of the impugned order.4. history of the rent control law of this state is interesting, clauses. (e) and (f) of sub-section (1) of section 12 of the act 1961, contain grounds for eviction of the tenant on the basis of bona fide requirement of accommodation for residential or non-residential purposes, respectively. it ..... the law. rent control laws can be termed welfare legislation and, hence, they need beneficent construction. accommodation shortage in the country, with the population explosion, necessitated such a welfare legislation, designed to protect tenantsfrom harassment and unreasonable evictions.the object of rent control legislation shouldnot be defeated, hence it needs ..... application, as the premises are not required by her but the requirement is of her sons. the tenant also filed an application under section 34 of the arbitration act and therein raised an objection that the registered lease deed contains an arbitration clause; hence the ejectment proceedings be stayed.3. the rent .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1989CriLJ191
..... overstepped his bounds. but these niceties can only be gauged in this court room. an amount of latitude must be conceded when public servants are in the field attending to explosive situation. in my view, in view of the law laid down in shreekantiah ramayya munipalli v. state of bombay : 1955crilj857 and matajog dubey v. h. c. bhari ..... it is not every offence committed by a public servant while engaged in the performance of his official duty, which is entitled to the protection of section 197(1), an act constituting an offence, directly and reasonably connected with his official duty will require sanction for prosecution under the said provision. it is the quality of the ..... to the discretion of the public servant who has to tackle an explosive situation. often a slap to the gang leader demoralises his adherents and defuses the situation. the methods and demands of tackling a situation must keep on varying and yet all those acts are in discharge of duty may be in dereliction thereof. in the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1988CriLJ1011
..... , vi and vii and sections 216a, 224 and 225 (if it is a case of an escape from a jail); 231, 232, 303, 311, 328, 364, 376, 382 ..... classes of prisoners shall not be released under act : '(a) those convicted of offences under the madhya bharat vagrants and habitual offenders' and criminals (restrictions and settlement) act 1952, or any law in force in any region of the state corresponding to the said act, or the explosive substances act 1903, or under the following chapters or sections of the indian penal code : chapters v-a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ303
..... of both the landlord and the tenant that a harmony is sought to be struck whereby the bona fide requirements of the landlords and the tenants in the expanding explosion of need and population and shortage of accommodation are sought to be harmonised and the conditions imposed to evict a tenant are that the landlord must have bona fide ..... the appellant and this shop is not found suitable to satisfy the bona fide need, it must be held that a case for respondent's eviction under section 12(l)(f) of the act has been made out. there is no dispute that the appellant has no other accommodation of her own in the city.12. in view of the discussion ..... behind this thinking is the realization that between the landlord and tenant, the tenant is the weaker party and since rent laws are beneficial legislations, they are pro-tenant. this section does not hesitate in carrying the logic further and holds that our rent laws are anti-landlord. this, however, is not the correct view of the matter. that our .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ133
..... government advocate was also of the same persuasion.19. now, the statute, enacted on 11-9-1989, received the presidential assent on 12-9-1989. sub-section (3) of section 1, the commencement clause of the act runs as follows :'(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint.'20. ..... imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine;(iv) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause destruction of any building which is ordinarily used as a place of worship or as ..... a term which shall not be less than six months but which may extend to seven years or upwards and with fine;(iii) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause damage to any property belonging to a member of a scheduled caste or a scheduled .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ798
..... government advocate was also of the same persuasion.19. now, the statute, enacted on 11-9-1989, received the presidential assent on 12-9-1989. sub-section (3) of section 1, the commencement clause of the act runs as follows :'(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint.'20. ..... imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine;(iv) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause destruction of any building which is ordinarily used as a place of worship or as ..... a term which shall not be less than six months but which may extend to seven years or upwards and with fine;(iii) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause damage to any property belonging to a member of a scheduled caste or a scheduled .....
Tag this Judgment!