Court : Madhya Pradesh
Decided on : Aug-22-1989
Reported in : AIR1990MP106; 1990MPLJ747
..... with the burden of adducing evidence which is described as shifting. these two aspects of the burden of proof are en-nunciated respectively in sections 101 and 102 of the evidence act. section 101 shows that the initial burden of proving a prima facie case in his favour is on the plaintiff and when he gives such evidence ..... can discharge either by establishing circumstances as would vitiate the contract or he can make out circumstances to show that no presumption arises against him under section 114 of the evidence act. as soon as the defendant succeeds in this, then the burden shifts back to the plaintiff. the recital in the document that the defendant has ..... fide' nature of the requirement entitling him to the relief of eviction, occasions miscarriage of justice and is liable to be interfered with in revision under section 23e of the act. 21. in the result the revision petition is allowed. the impugned order is set aside. the learned rent controlling authority is directed to require the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-22-1989
Reported in : AIR1991MP18
..... pillay, air 1987 sc 1493; gopal singh, ibid 2394).8. learned counsel for respondent harish chandra has seriously contended janki bai's entitlement under section 14(1) of the hindu succession act, for short, 'h. s. act', relying on ex. p/1 and he has also cited case law. in my view, however, the crucial fact is that mutation entries and ..... janki bai had been in possession of the suit property.7. in the premises aforesaid, the defendant dharamavati bai and janki bai have invoked the aid of section 14(1) of hindu succession act, 1956. it is contended that even if the case of the two defendants that the suit property was yashwantrao's jagir is not accepted, janki bai ..... because rs. 50,000/ - was in deposit at bhopal. counsel's reliance on kothi satyanarayana air 1987 sc 363 is evidently inappropriate as that deals with sub-section (2) of section 14 which is not the case here. indeed, nothing in ex. p/2 suggests that the suit property had been given to her thereunder and that is also not .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-22-1989
Reported in : 1990MPLJ13
..... proved its case beyond reasonable doubt and the accused is, in law, entitled to the benefit and to an acquittal, despite section 105 of the evidence act.18. it is true that the discretion under section 482 of the code though very wide is not unlimited. regarding the powers under the provision the decision in punam chand's case ..... the offence can only be taken on the complaint of the officer mentioned in section 55 of the wild life protection act, 1972 with reference to section 482 of the code it has been observed thus in paragraph 6 :-'it is trite that jurisdiction under section 482, criminal procedure code which saves the inherent power of the high court to make such ..... requisite mens rea, no criminal liability thereunder can be fastened.12. it may be pointed out that section 415, indian penal code defining 'cheating' is in two parts. the first part relates to property and the second part relates to act or omission as a consequence of deception (vide manger m's case, air 1951 nag. 315).13 .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-23-1989
Reported in : (1990)IILLJ313MP; 1990MPLJ515
..... as the appellant and in one case as the respondent (abdul sattar) to determine on facts their entitlement. before that, we may say a few words about section 25ff, i.d. act as the industrial court has rested its decision on that as well. proviso (b) thereof expressly contemplates that a case of retrenchment in the case of transfer of ..... an employee of erstwhile native state of junagarh which merged in the state of maharashtra and under the saurashtra rules, he could not be retired. proviso to section 115(7), s.r. act came to appellant's rescue. shri jain relied on salem erode electricity distribution company's case (1966-i-llj-443) to contend that provisions of rule 14 ..... of the provision in that regard contemplated in f.r. 56(a) being saved by the 'intimation' aforesaid. that apart, that intimation being in terms of section 34, r.t.c. act, that will be binding on mpsrtc as contemplated in subsection (2) thereof and we are also of the view that it would be necessarily 'in the interest of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-23-1989
Reported in : 1990CriLJ1179
..... of injury on the body of the rape victim, is relevant to decide whether the act of sexual intercourse was committed with consent or not. it may be recalled that in view of section 114a of the evidence act, as inserted by the criminal law amendment act, 1983, if the prosecutrix states in her evidence that she did not consent to the ..... she was subjected to rape not once but four times. it can hardly be construed as an act of consent, by no stretch.16. learned counsel argued that appellants abbas and shabbir cannot be legally convicted under section 376 with the aid of section 34, i.p.c., as has been done by the trial court. the submission appears to ..... altered to five years instead of ten years as imposed by the trial court. accordingly they are sentenced to undergo five year r.i.20. appellant musthaque's conviction under section 366, i.p.c. as imposed and directed by the trial court, is maintained.21. for the foregoing reasons this appeal fails and is accordingly dismissed. the conviction .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-26-1989
Reported in : AIR1990MP323
..... , however, is whether this court is entitled to grant a decree in favour of the appellant, in the absence of any prayer in that behalf? section 22 of the specific relief act. 1963 was introduced in the statute with a view to avoid multiplicity of proceedings. the provision permits the plaintiff to seek any other relief to which ..... v. palaniswami nadar, air 1967 sc 868, the supreme court considered this matter in the context of english law and held that the principle underlined in section 55 of the indian contract act, did not differ from those which obtained under the law of england as regards contract for sale of land. under the circumstance, it must be ..... appellant was ready and willing to perform his part of the contract. the first question arises because of the provision of section 55 of the contract act, whereas the second question arises because of section 16(c) of the specific relief act, 1963. in govind prasad v. hari dutt, air 1977 sc 1005, it was clarified by the supreme court that .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-29-1989
Reported in : (1992)ILLJ64MP
..... we extract relevant portions from the said notification, we consider it appropriate to extract first its source, namely, sub-section (3) of section 1 of the mipr act. that reads thus:'(3) this section and section 112 shall come into force at once and the state government may, by notification, bring all or any of the ..... units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking....' we propose to juxtapose, in this context, section 2(19), mpir act and extract that:'(19) 'industry' means - (a) any business, trade, manufacture or undertaking or calling of employers.(b) any calling, service, employment ..... sales- outlet and engaging employees therein, who may be deemed to be carrying on activities of the nature of industrial occupation or vocation. under section 2(ka), i.d. act more clearly the existence of such a concern is contemplated as a 'separate industrial establishment or undertaking'. that even speaks of different 'units' .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-31-1989
Reported in : 1990MPLJ33
..... a certificate in form 'd' as the case may be, appended to the central sales tax registration and turnover rules, 1957, as required by sub-section (4) of section 8 of the said act; and(ii) that it is proved to the satisfaction of the assessing authority that there has been no change in the form identity of the goods at ..... the learned counsel, the penalty is disproportionate to the fault found. the assessing authority imposed a penalty of rs. 60,000/- under section 9(2) of the central act, read with section 18(6) of the state act while the tax payable by him was found as rs. 66,015/-. the revisional authority found the petitioner entitled to certain refund of ..... of the notification dated 11-10-1977, referred to above. this notification is as follows: -'now therefore, in exercise of the powers conferred by sub-section (5) of section 8 of the central sales tax act, 1956 (no. 74 of 1956), and in supersession of this department notification no. 2353-1765-v-sr dated the 23rd october, 1959, the state .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-31-1989
Reported in : [1989(59)FLR767]; (1994)IIILLJ330MP
..... were confined.5. the term 'employee' has been defined under sub-section (13) of section 2 of the act. in order that the petitioner ceases to be an 'employee', the contention advanced by the respondents is that he does not answer the description of an ..... petitioner is an 'employee' within the meaning of sub-section (13) of section 2 of the act. the labour court has held so, but the appellate court does not agree. it is strictly to this respect of the matter that the arguments ..... the industrial court by its order dated january 13, 1987 (annexure-e) holding that the petitioner was not an 'employee' within the meaning of sub-section (13) of section 2 of the act reversed the labour court's order, which is the subject-matter of challenge in this petition.4. the short question that arises for consideration is whether the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-31-1989
Reported in : 1990MPLJ440
..... decisions having settled the law on the point.4. an appeal was filed before the district court on 3-5-1980 along with an application under section 5 read with section 14, limitation act, seeking condonation of time lost in prosecuting the proceedings in revision before the high court. the district judge refused to condone the delay holding that ..... all the foregoing reasons, the impugned order dated 5-3-1982 passed by the district judge, gwalior is set aside. the application of the appellants under sections 5/14, limitation act filed before the district court is allowed. consequently, the appeal thereat is held to have been filed within limitation. the appeal shall now be heard and ..... limitation.10. in so far as the period lost between 29-4-1980 and 3-5-1980 is concerned, it stands well explained. the application under sections 5/14, limitation act duly supported by an affidavit indicates that the dismissal of revision was conveyed to the appellants only on 2-5-1980. it is well known that .....
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