Array ( [0] => ..... gupta who caused the fatal injury to v. n. choudhary. we, therefore, hold that all the accused-appellants, including pravin kumar gupta, are guilty under section 302 read with section 34 of the indian penal code for causing the death of sitaram chouksey, v. n. choudhary and durga prasad mishra. we also affirm the finding of ..... sentences of imprisonment are to run concurrently. vijay simon and reuben pradeep (appellants in criminal appeals nos. 211 and 215 of 1973) have been convicted under section 302 read with section 34 for the murder of sitaram chouksey, v. n. choudhary and durga prasad mishra. they have been sentenced to death for these offences. they have also ..... learned additional sessions judge that all the three appellants are also guilty under sections 449 and 394 read with section 397 of the penal code.31. then comes the question of sentence. section 367(5) of the code of criminal procedure, before its amendment by act 26 of 1955, provided that if the accused is convicted of an ..... [1] => ..... the ordinance does not provide as to what kind of inquiry must be held by the principal before taking disciplinary action against the student guilty of misconduct. the section provides no special form of procedure and, therefore, the principal must adopt that procedure which is suited to the facts and circumstances of the case. it is ..... kind of domestic tribunal. the requirements of natural justice must depend on the circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with, and so forth.' in the earlier case of general medical council v. spackman, (1943 ac 627). lord atkin ..... natural justice do not have any fixed content and they depend upon the circumstances of the case, the nature of inquiry, the rules under which the tribunal is acting and the subject-matter that is being dealt with. the following observations of the privy council in ceylon university v. fernando, (1960) 1 wlr 223 are relevant ..... [2] => ..... administrator. although the administrator was not the municipal council, the supersession did not mean that the municipal council as a corporate body ceased to exist. under section 18 of the act, the municipal council is a body corporate with perpetual succession. the documents on record clearly show that the proceedings under order 21, rule 32 of ..... a show-cause notice dated 22-12-1969, as to why he should not be removed from his office as a councillor under the provisions of section 41 (2) of the act. upon service of the notice, the petitioner withdrew from the execution proceedings on 5-1-1970. he then submitted his answer to the show- ..... which the state government was required to state reasons for the supersession of the municipal corporation. the entire decision turned on the language of section 422. under section 41 (2) of the madhya pradesh municipalities act, 1961, the state government, while ordering the removal of a councillor, is not required to state its reasons.7. that brings us ..... [3] => ..... as contemplated under order 21, rule 97. there is no occasion for considering the application of the third person itself under section 151 of the code of civil procedure; as when there is a specific provision en-acted in the code and the whole scheme of execution is specifically provided for, there is no occasion for use of the inherent ..... powers under section 151. it is also clear that the reply of decree-holder is not at all contemplated when a third person ..... and where the applicant is still resisted or obstructed in obtaining possession, the court may also, at the instance of the applicant, order the judgment-debtor, or any person acting at his instigation or on his behalf, to be detained in the civil prison for a term which may extend to thirty days, and may order the person or persons ..... [4] => ..... view taken by the learned judges in the cases mentioned in group b would represent the correct view taking into consideration, the wordings of section 7(v)(b) and section 7(v)(c) of the. court-fees act read with section 58-a of the m.p. land revenue code, 1959 and, for that reason, we would approve of the view expressed in ..... to be done there. we, therefore, dismiss this revision and remit the case to the trial judge to require the petitioner to pay court-fees under section 7(v)(c) of the court-fees act. as the matter was debatable, the trial judge shall give sufficient time to the petitioner to pay the requisite court-fees. however, in the circumstances, ..... and assessed to land revenue of rs. 3/- and 0.50 paise respectively as annual land revenue. however, the petitioner claimed to pay court-fees under section 7(v)(b) of the court-fees act on 20 times the assessed land revenue. that contention of the plaintiff was negatived by the trial judge. hence this revision by the plaintiff. 3. before ..... [5] => ..... shri laxman kumar (pw-1) to institute complaints. such a general authorisation, in our opinion is substantial and valid compliance with provisions of section 32 (3) of the act. such authorisation could not be treated on par with the provisions under which sanction is sought which requires the sanctioning authority to apply its mind ..... establish a market for regulating the purchase and sale of such agricultural produce and in such area as may be specified in the notification. thus under section 3 of the act. a notification to establish market was for regulating purchase and sale of the agricultural produce.7. rule 63 of the m. p. agricultural produce ..... did not obtain licence from the mandi committee lashkar. the mandi committee lashkar through its accountant instituted a complaint against the respondent for contravention of section 17 of the act for dealing in mirchi, dhania and haldi without obtaining a licence from the committee.3. the respondent admitted that he was carrying on trade in ..... [6] => ..... which is material and the landlord can get the premises vacated not only for his own need, but for the members of the family mentioned in section 2 (e) of the act once the tenant has given up the tenancy and has secured an alternative accommodation, his dependants cannot claim that a fresh tenancy ought to be created in ..... the house in their own right.9. the learned counsel for the petitioners invited attention to the definition of a 'member of the family' as per section 2 (e) of the m. p. accommodation control act. 1961, which is as follows:' 'member of the family' in the case of any person means the spouse, son, unmarried daughter, father, grandfather, ..... and 1961 regarding allotment of houses to displaced persons. awatarsingh will continue as a tenant under the ordinary law and the matter will be governed by section 12 of the m. p. accommodation control act. 1961. now, it is an undisputed fact that awatarsingh has constructed his own house and has shifted therein. as such, he does not ..... [7] => ..... same provisions are found as contained in section 91 of the m.p. act. see section 92 of the assam act; section 62 of the bihar act; section 67 of delhi act; section 161 of gujarat act; section 111 of madras act; section 157 of maharashtra act; section 121 of mysore act; section 123 of orissa act; section 77 of punjab act; section 81 of rajasthan act; section 89 of travancore-cochin act; and section 56 of u. p. act. in all these corresponding provisions, the ..... the corresponding enactments of other states such as. section 34 of the andhra pradesh act. section 41 of bihar act, section 81 of gujarat act, section 72 of madras act, section 78 maharashtra act, section 30 of mysore act, section 32 of orissa act, section 27 of punjab act, section 51 of rajasthan act and section 49 of travancore-cochin act. however, the period of supersession in the aggregate varies in different acts. for instance, two vears in bihar. puniab and ..... [8] => ..... this court in 1971 rev nir 132 (madh pra). in our opinion, that case is clearly distinguishable. so far as the, m. p. excise act, 1915, is concerned, section 64 of the act itself makes all dues to the government recoverable as arrears of land revenue and it is not necessary, to rely on any rules or orders. thus, ..... a sum as a consideration (instead of or in addition to any duty leviable) for the grant of any lease under section 18. section 7 of the act empowers the state government to delegate its powers under the act. the section in so far as relevant reads as follows :'7. establishment and powers thereof.-- the state government may, by notification, for ..... 150) to the following effect:--'it is, therefore, plain from the decisions, to which a reference has been just made, that the function performed under section 68-d of the act of hearing objections to a scheme and of approving or modifying it is essentially an administrative function, though the process of hearing objections to the scheme ..... [9] => ..... as that letter introduced a definite variation inthe terms of the compromise, it was not admissible in view of the provisions of proviso (4) to section 92 of the indian evidence act. the learned judge also overruled the contention of the appellant that the respondents were estopped from challenging the appropriation by the appellant at the request of ..... p-1 cannot take effect withtout registration as the letter varied the terms of a registered compromise. he contended that the bar under proviso 4 to section 92 of the indian evidence act, was not attracted where a document affected the terms of a decree. he also urged that the respondents were estopped from challenging the appropriation made by ..... contended that the letter ex. p-1, apart from the provisions of proviso 4 to s. 92 of the evidence act, could not be acted upon in view of the provisions of sections 49 and 50 of the registration act. now, it is necessary to bear in mind that the present proceedings do not arise out of a claim made ..... )
Court : Madhya Pradesh
Decided on : Apr-13-1973
Reported in : 1974CriLJ57; 1973MPLJ692
..... gupta who caused the fatal injury to v. n. choudhary. we, therefore, hold that all the accused-appellants, including pravin kumar gupta, are guilty under section 302 read with section 34 of the indian penal code for causing the death of sitaram chouksey, v. n. choudhary and durga prasad mishra. we also affirm the finding of ..... sentences of imprisonment are to run concurrently. vijay simon and reuben pradeep (appellants in criminal appeals nos. 211 and 215 of 1973) have been convicted under section 302 read with section 34 for the murder of sitaram chouksey, v. n. choudhary and durga prasad mishra. they have been sentenced to death for these offences. they have also ..... learned additional sessions judge that all the three appellants are also guilty under sections 449 and 394 read with section 397 of the penal code.31. then comes the question of sentence. section 367(5) of the code of criminal procedure, before its amendment by act 26 of 1955, provided that if the accused is convicted of an .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-21-1973
Reported in : AIR1973MP278; 1973MPLJ815
..... the ordinance does not provide as to what kind of inquiry must be held by the principal before taking disciplinary action against the student guilty of misconduct. the section provides no special form of procedure and, therefore, the principal must adopt that procedure which is suited to the facts and circumstances of the case. it is ..... kind of domestic tribunal. the requirements of natural justice must depend on the circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with, and so forth.' in the earlier case of general medical council v. spackman, (1943 ac 627). lord atkin ..... natural justice do not have any fixed content and they depend upon the circumstances of the case, the nature of inquiry, the rules under which the tribunal is acting and the subject-matter that is being dealt with. the following observations of the privy council in ceylon university v. fernando, (1960) 1 wlr 223 are relevant .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-27-1973
Reported in : AIR1975MP71
..... administrator. although the administrator was not the municipal council, the supersession did not mean that the municipal council as a corporate body ceased to exist. under section 18 of the act, the municipal council is a body corporate with perpetual succession. the documents on record clearly show that the proceedings under order 21, rule 32 of ..... a show-cause notice dated 22-12-1969, as to why he should not be removed from his office as a councillor under the provisions of section 41 (2) of the act. upon service of the notice, the petitioner withdrew from the execution proceedings on 5-1-1970. he then submitted his answer to the show- ..... which the state government was required to state reasons for the supersession of the municipal corporation. the entire decision turned on the language of section 422. under section 41 (2) of the madhya pradesh municipalities act, 1961, the state government, while ordering the removal of a councillor, is not required to state its reasons.7. that brings us .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-31-1973
Reported in : AIR1974MP26; 1973MPLJ899
..... as contemplated under order 21, rule 97. there is no occasion for considering the application of the third person itself under section 151 of the code of civil procedure; as when there is a specific provision en-acted in the code and the whole scheme of execution is specifically provided for, there is no occasion for use of the inherent ..... powers under section 151. it is also clear that the reply of decree-holder is not at all contemplated when a third person ..... and where the applicant is still resisted or obstructed in obtaining possession, the court may also, at the instance of the applicant, order the judgment-debtor, or any person acting at his instigation or on his behalf, to be detained in the civil prison for a term which may extend to thirty days, and may order the person or persons .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-10-1973
Reported in : AIR1974MP79; 1974MPLJ35
..... view taken by the learned judges in the cases mentioned in group b would represent the correct view taking into consideration, the wordings of section 7(v)(b) and section 7(v)(c) of the. court-fees act read with section 58-a of the m.p. land revenue code, 1959 and, for that reason, we would approve of the view expressed in ..... to be done there. we, therefore, dismiss this revision and remit the case to the trial judge to require the petitioner to pay court-fees under section 7(v)(c) of the court-fees act. as the matter was debatable, the trial judge shall give sufficient time to the petitioner to pay the requisite court-fees. however, in the circumstances, ..... and assessed to land revenue of rs. 3/- and 0.50 paise respectively as annual land revenue. however, the petitioner claimed to pay court-fees under section 7(v)(b) of the court-fees act on 20 times the assessed land revenue. that contention of the plaintiff was negatived by the trial judge. hence this revision by the plaintiff. 3. before .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-20-1973
Reported in : 1974CriLJ258; 1973MPLJ1065
..... shri laxman kumar (pw-1) to institute complaints. such a general authorisation, in our opinion is substantial and valid compliance with provisions of section 32 (3) of the act. such authorisation could not be treated on par with the provisions under which sanction is sought which requires the sanctioning authority to apply its mind ..... establish a market for regulating the purchase and sale of such agricultural produce and in such area as may be specified in the notification. thus under section 3 of the act. a notification to establish market was for regulating purchase and sale of the agricultural produce.7. rule 63 of the m. p. agricultural produce ..... did not obtain licence from the mandi committee lashkar. the mandi committee lashkar through its accountant instituted a complaint against the respondent for contravention of section 17 of the act for dealing in mirchi, dhania and haldi without obtaining a licence from the committee.3. the respondent admitted that he was carrying on trade in .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-24-1973
Reported in : AIR1974MP35; 1974MPLJ27
..... which is material and the landlord can get the premises vacated not only for his own need, but for the members of the family mentioned in section 2 (e) of the act once the tenant has given up the tenancy and has secured an alternative accommodation, his dependants cannot claim that a fresh tenancy ought to be created in ..... the house in their own right.9. the learned counsel for the petitioners invited attention to the definition of a 'member of the family' as per section 2 (e) of the m. p. accommodation control act. 1961, which is as follows:' 'member of the family' in the case of any person means the spouse, son, unmarried daughter, father, grandfather, ..... and 1961 regarding allotment of houses to displaced persons. awatarsingh will continue as a tenant under the ordinary law and the matter will be governed by section 12 of the m. p. accommodation control act. 1961. now, it is an undisputed fact that awatarsingh has constructed his own house and has shifted therein. as such, he does not .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-08-1973
Reported in : AIR1974MP59; 1974MPLJ1
..... same provisions are found as contained in section 91 of the m.p. act. see section 92 of the assam act; section 62 of the bihar act; section 67 of delhi act; section 161 of gujarat act; section 111 of madras act; section 157 of maharashtra act; section 121 of mysore act; section 123 of orissa act; section 77 of punjab act; section 81 of rajasthan act; section 89 of travancore-cochin act; and section 56 of u. p. act. in all these corresponding provisions, the ..... the corresponding enactments of other states such as. section 34 of the andhra pradesh act. section 41 of bihar act, section 81 of gujarat act, section 72 of madras act, section 78 maharashtra act, section 30 of mysore act, section 32 of orissa act, section 27 of punjab act, section 51 of rajasthan act and section 49 of travancore-cochin act. however, the period of supersession in the aggregate varies in different acts. for instance, two vears in bihar. puniab and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-18-1973
Reported in : AIR1974MP101; 1974MPLJ95
..... this court in 1971 rev nir 132 (madh pra). in our opinion, that case is clearly distinguishable. so far as the, m. p. excise act, 1915, is concerned, section 64 of the act itself makes all dues to the government recoverable as arrears of land revenue and it is not necessary, to rely on any rules or orders. thus, ..... a sum as a consideration (instead of or in addition to any duty leviable) for the grant of any lease under section 18. section 7 of the act empowers the state government to delegate its powers under the act. the section in so far as relevant reads as follows :'7. establishment and powers thereof.-- the state government may, by notification, for ..... 150) to the following effect:--'it is, therefore, plain from the decisions, to which a reference has been just made, that the function performed under section 68-d of the act of hearing objections to a scheme and of approving or modifying it is essentially an administrative function, though the process of hearing objections to the scheme .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-20-1973
Reported in : AIR1974MP193; 1974MPLJ329
..... as that letter introduced a definite variation inthe terms of the compromise, it was not admissible in view of the provisions of proviso (4) to section 92 of the indian evidence act. the learned judge also overruled the contention of the appellant that the respondents were estopped from challenging the appropriation by the appellant at the request of ..... p-1 cannot take effect withtout registration as the letter varied the terms of a registered compromise. he contended that the bar under proviso 4 to section 92 of the indian evidence act, was not attracted where a document affected the terms of a decree. he also urged that the respondents were estopped from challenging the appropriation made by ..... contended that the letter ex. p-1, apart from the provisions of proviso 4 to s. 92 of the evidence act, could not be acted upon in view of the provisions of sections 49 and 50 of the registration act. now, it is necessary to bear in mind that the present proceedings do not arise out of a claim made .....
Tag this Judgment!