Court : Madhya Pradesh
Decided on : Feb-24-2003
Reported in : 2003CriLJ4384; 2003(2)MPLJ449
..... cri lj 4636 : (air 1997 sc 3876) an order whereby magistrate accepted the final report submitted by investigating agency under section 173 and dropped the proceedings without giving notice to the informant. the order was held illegal. certainly, the situation is different in the present case. here question involved ..... that magistrate should give notice and hear the informant if he decides not to take cognizance of the offence or drop proceedings against some persons mentioned in fir under section 173 of the cr. p. c. this direction of the supreme court was relied upon and confirmed in union public service commission v. s. papaiah, 1997 ..... is the custodian of the social interest of community at large and so it is for the state to take all steps necessary for preventing person who has acted against the social interest of the community to book.....'the apex court observed in para 8 :'8. ..........the situation here is different, as the accused approached .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-25-2003
Reported in : AIR2003MP214; 2003(2)MPLJ371
..... of the wife towards her husband falls within the ambit of cruel treatment by her towards him.11. the word cruelty has been used in section 13(1)(ia) of the hindu marriage act, 1955 and that has been judicially interpreted in several decisions of the supreme court. in v. bhagat v. d. bhagat, air 1994 sc ..... : air 2002 sc 591, the supreme court observed that treating the petitioner with cruelty is a ground for divorce under section 13(1)(i-a) of the act. cruelty has not been defined under the act but in relation to matrimonial matters it is contemplated as a conduct of such type which endangers the living of the ..... a ground for 'judicial separation' as per section 22 of the indian divorce act, 1869. this act has been amended by the indian divorce (amendment) act, 2001. section 10 of the principal act has been substituted by new section 10. according to this section, any marriage solemnised whether before or after the commencement of this act may be dissolved on the grounds enumerated therein. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-25-2003
Reported in : 2004ACJ893
Bhawani Singh, C.J.1. Both these appeals, State of Madhya Pradesh v. Vivek Agrawal, M.A. No. 149 of 1997 and Vivek Agrawal v. State of Madhya Pradesh, M.A. No. 563 of 1997, are proposed to be decided by this judgment since they arise out of the same award of Motor Accidents Claims Tribunal, Bhopal in M.C.C. No. 317 of 1996 dated 17.1.1997.2. On 11.3.1990 at about 11 a.m., Vivek Agrawal (claimant) was going on his motor cycle from Arera Colony to his residence, D 11/20, Char Imli, Bhopal. On the crossing of Reserve Bank Colony, Mohan Singh (driver) came from Char Imli driving jeep CPZ 4112 rashly and negligently and hit the motor cycle of the claimant without giving signal when claimant was turning towards his residence. Claimant fell down, came under the right side tyre of the jeep, sustained injuries and became unconscious. Jeep driver sped away from the spot. The claimant was brought home in state of unconsciousness, shifted to New Bhopal Hospital and after preliminary treatment, tak...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-26-2003
Reported in : AIR2003MP281; II(2003)DMC86; 2003(2)MPHT267; 2003(2)MPLJ415
..... cause' as contemplated by explanation below section 13(1) should be a cause, which should be sufficiently grave and weighty, so as to justify the living of the wife away from the husband. only because, ..... 4 scc 90. this court also in a case of bhawana advani v. mahesh advani, reported in 1992 jlj 269, has observed that after addition of the explanation to section 13(1), even if the wife is guilty of willful neglect of the husband, she would be guilty of desertion to constitute a ground of divorce and the 'reasonable ..... his wife. thus, this power cannot be exercised by the trial court or even by the high court, unless one of the grounds specified under the provisions of hindu marriage act, is proved.16. in the case of r, balasubramanian v. smt. vijayalakshmi balasubramanian, reported in air 1999 sc 3070, where husband alleging that wife all through out suspected .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-27-2003
Reported in : 2005ACJ129
..... there is no exact evidence about her income, it is desirable to assess her income as of non-earning member in terms of second schedule to motor vehicles act, 1988, as amended by act 54 of 1994. consequently, it is taken that she was earning rs. 15,000 per annum, therefore, after making deduction of 1/3rd for personal expenses, annual dependency .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-27-2003
Reported in : 2004ACJ1107
..... from balaghat to hatta along with the departmental officials. the truck came from opposite side, driven rashly and negligently and hit the jeep. against the truck driver, a case under sections 279, 338 and 304a, indian penal code was registered and challan was filed in the court. the jeep was being driven by pushpraj munjare. therefore, he may be exonerated from .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-28-2003
Reported in : AIR2004MP1; I(2004)BC106; [2005]123CompCas677(MP); 2003(2)MPHT114; 2003(2)MPLJ161; [2003]45SCL63(MP)
..... the said decisions. 38 *** *** *** 39. this court does not find any reason to come to the aforesaid conclusion from a reading of section 21 of the said act. section 21 of the said act makes a provision that when an appeal is filed by a person and against whom the amount of debt, due to the bank or financial ..... the regulations read as under:-- '31. examination of witnesses and the issue of commissions.- (a) evidence shall be on affidavits. (b) provisions of section 22 sub-section (2) of the act and the relevant provisions of the code of civil procedure shall mutatis mutandis apply in the matters of summoning and enforcing attendance of any person as witness ..... rules are to apply mutatis mutandis even in respect of an appeal preferred against the interim or interlocutory order barring an appeal which is referred to under section 21 of the act. in support of their contentions, they have placed reliance on the decisions rendered in the cases of kavita pigments and chemicals (supra), bank of india .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-28-2003
Reported in : (2003)2CompLJ27(MP); [2003]46SCL302(MP)
..... filed by these two companies had directed convening of the meetings of shareholders as also that of creditors of both the companies referred supra, as contemplated by section 391/394 of the act, by appointing mr. v. zelawat, advocate, of this court. accordingly, mr. zelawat as chairman convened the meeting on 25.3.2002 at the ..... of shareholders and creditors must be allowed to prevail in the absence of any other illegality being noticed by this court within the meaning of sections 391 and 394 of the companies act 9. in my opinion, the merger proposed is more on administrative basis, and it is to enable the companies to run more effectively ..... (for short, hereinafter called as sfl) as transferor company and khaitan chemicals and fertiliser ltd. (hereinafter called as kcfl) as transferee company. it is filed under section 391 according sanction by this court for the scheme of amalgamation of sfl with kcfl (exh. e). the amalgamation is sought essentially on the ground that both companies .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-05-2003
Reported in : AIR2003MP248; 2003(2)MPHT295; 2003(2)MPLJ499
..... order made against him, may apply for a review of judgment to the court which passed the decree or made the order. (2)......... ......... ......... .........' 9. this rule should be read with section 114. scope of an application for review is much more restricted than that of an appeal. the court of review has only a limited jurisdiction circumscribed of the definitive limits ..... be noted here that all the issues involved in the case were decided against the applicant defendant by both the courts below. obviously, the order was passed in terms of sections 100 and 101 read with order 41 rule 1 of cpc. whether or not the aforesaid satisfaction was justified on material on record, is none of our concern while hearing ..... ordern.k. jain, j.1. it is aptly said 'a judge must not alter the material of which the act is woven, but he could and should iron out the creases'. these famous words of lord denning are quoted with approval by the supreme court in p. nalla thampy v. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-06-2003
Reported in : 2004CriLJ3207
..... course of nature. where such injuries exist and death ensues and causing of injury is intended, the offence is murder. in this case the acts of the accused/appellant were covered by clause 'thirdly' of section 300, i.p.c. we accordingly hold that the offence was murder.35. aforesaid being the position regarding material brought on record by the ..... in paragraph 3 of the judgment were sufficient in the ordinary course of nature to cause death.31. the only two requirements for application of clause 'thirdly' of section 49 are: intention to inflict injury and sufficiency of injury to cause death in the ordinary course of nature. ordinarily and generally once existence of injury is proved the ..... is degree of probability of death. it is the mental attitude which distinguishes the murder from culpable homicide. unless the act by which the death is caused is covered by any of the four mental attitudes stated in section 300 of the i.p.c. the same cannot be said to be a murder.30. in view of the .....
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