Court : Madhya Pradesh
..... it is settle proposition of the law where there is primary and admissible evidence like the mark-sheet is available and proved then the is admissible under section 34 of the evidence act. in such premises till some extent the tribunal has committed error in holding the age of the deceased 35 to 36 years. as such in view ..... the eye-witness santosh (aw 2.the pillion rider accompanied with the deceased and his deposition is also supported by the police report, the charge sheet filed under section 173 of the cr.p.c because in the fir by describing the entire incident of the accident, the number of the aforesaid offending vehicle was specifically mentioned and ..... ps jaisingh nagar, district shahdol, the fir was registered as crime number 36/08 against one kamta soni for the offence of section 279/337 of the ipc and on verification of death of said ravindra singh, section 304-a of the ipc was also invoked during the course of investigation. the marg intimation was also registered. after holding .....
Tag this Judgment!Court : Madhya Pradesh
..... unequivocal terms the sale of suit property which being for a consideration of rs.4,000/- is compulsorily registrable as required under section 17 of the registration act, 1908 and is registered with the deputy registrar in accordance with law. no material is brought on record that any other agreement has been entered into ..... a higher price would not be an indicia that a lesser consideration would tantamount to a mortgage by conditional sale. proviso to clause (c) of section 58 of the transfer of property act stipulates that no such transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which effects or purports to ..... vide sale deed dated 13-05-1976 was not a mortgage and the challenge having not been made within three years as required under article 59 of the limitation act, 1963 the suit was barred by time. on these findings the firs.appellate court non-suited the plaintiffs. evidently, sale deed dated 13-05-1976 records in .....
Tag this Judgment!Court : Madhya Pradesh
..... (04 /04 /2013 ) u.c. maheshwari,j.the appellants, the driver and the registered owner of the offending vehicle respectively have filed this appeal under section 173 of the motor vehicle act, 1988 ( in short `the act') being aggrieved by the award dated 25.4.07 passed by the mact, katni in mvc case no.13/07 whereby the claim of respondents no ..... water of such river, resultantly said santram died in such accident. on receiving the information in this regard at ps kotwali the crime n.157/05 for the offence of section 279,337 and 304-a of the ipc was registered against the appellant no.1. after holding the investigation, he was charge sheeted for the alleged offence before the court .....
Tag this Judgment!Court : Madhya Pradesh
..... premium is deposited or received by the insurance company, it could not be deemed that any risk of the vehicle was covered under policy issued.10. according to section 147 of the act also in the lack of receiving the premium of the policy, it could not be deemed that the risk of the above mentioned vehicle was covered on the date ..... .1 and 2 filed under section 166 of the act regarding the vehicular death of their son mathura prasad aged 25 years, has been awarded against the appellant as well as respondents no.3 and 4 the registered ..... instructions). for respondent no.3 &4 : none although served. order (04 /04 /2013 ) u.c. maheshwari,j.the appellant/ insurer has filed this appeal under section 173 of the motor vehicle act, 1988 ( in short `the act') being aggrieved by the award dated 8.8.03 passed by the mact, chhatarpur in mvc case no.34/02 whereby the claim of respondents no .....
Tag this Judgment!Court : Madhya Pradesh
..... it is hereby accepted. the conviction as well as the sentence directed against the applicant for the offence punishable under section 39 of the electricity act and section 506 (part-i) of ipc are hereby set aside. the applicant is acquitted from the aforesaid charges. he ..... 1884/1999 hakku kaurav versus the state of madhya pradesh --------------------------------------------------------------------------- shri a.d.mishra, advocate for the applicant. shri ajay tamrakar, panel lawyer for the state/respondent. --------------------------------------------------------------------------- order (passed on the 4th day of april, 2013) the applicant was convicted for the offence punishable under section 39 of the electricity act and section ..... would be entitled to get the fine amount back, if he has deposited the same before the trial court. - 13 - criminal revision no.1884 o .....
Tag this Judgment!Court : Madhya Pradesh
..... order (oral) (passed on 03.04.2013) per u. c. maheshwari j.1. the appellant/ registered owner of the offending tractor and trolley has filed this appeal under section 173 of motor vehicle act being aggrieved by the award dated 4.3.2011 passed by the motor accident claims tribunal, balaghat in motor claim case no.86/2009 whereby allowing the claim .....
Tag this Judgment!Court : Madhya Pradesh
..... has challenged the order dated 27.7.2009 passed by the learned third additional sessions judge, khandwa in s.t.no.94/2009, whereby the charges of offence punishable under sections 304 (ii).286 of ipc and section 5/9 of explosive substance act were framed against the applicant. the prosecution's case, in short, is that, the applicant kept some ..... then, it was to be examined by the applicant whether he has licence to keep such explosives in that room in such a bulk quantity or not. under such circumstances, the overt-act of the applicant falls within the purview of section 300 (4) of ipc that his act was imminently dangerous that he should knot that in all probability, a death would be .....
Tag this Judgment!Court : Madhya Pradesh
..... records it is clear that appellant has been convicted in the criminal case and he is only released on probation in view of the provisions of section 4 of the probation of offenders act. in the judgment relied upon by learned single judge, i.e. in the case of bakshi ram (supra) and karam singh (supra) ..... : shri sanjay singh, learned counsel for the appellant. shri prashant singh, learned additional advocate general for respondents, on advance notice. challenge in this writ appeal under section 2(1) of the madhya pradesh uchhya nyayalaya (khand nyay peeth ko appeal) adhiniyam, 2005 is made to an order dated 5.2.2013 passed by learned ..... supreme court in the aforesaid case that release of a person under the probation of offenders act, 1958 and the stipulation contained in section 12 thereof only removes the 4 disqualification provided in various statutes like the representation of peoples act etc.. but it does not wipe out the disqualification with regard to continuing in government service .....
Tag this Judgment!Court : Madhya Pradesh
..... the respondent- state. -------------------------------------------------------------------------------------- order (passed on the 19th day of march, 2013) the applicant was convicted for the offence punishable under section 25(1-b)(b) read with section 4 of the arms act vide judgment dated 8.8.2006 passed by the cj.bhopal in criminal case no.7418/2004 and sentenced with one year's ri ..... that a dagger of prohibited size was seized from the applicant, and therefore he could not be convicted for the offence under section 25(1-b)(b) read with section 4 of the arms act.10. on the basis of the aforesaid discussion, it is apparent that though the concurrent finding was given by both the courts ..... the applicant is hereby allowed. the conviction as well as the sentence directed by both the courts below for the offence under section 25(1-b)(b) read with section 4 of the arms act is hereby set aside. the 5 applicant is acquitted from the charges of the aforesaid offence. he would be entitled to get .....
Tag this Judgment!Court : Madhya Pradesh
..... under section 498a ipc read with section 3/4 dowry prohibition act. about 2 months prior to the aforesaid fir i.e on 20/05/2010, petitioner lodged fir at police station kotwali, chhatarpur (annexure p-11 ..... for want of appearance of respondent no.2 and her counsel in the court of jmfc, chhatarpur. on 8/07/2010, petitioner preferred petition for divorce under section 13 of hindu marriage act against the respondent no.2 in the family court bhopal. in aforesaid back drop on 9/07/2010, respondent no.2 lodged police report against the petitioner ..... cr.p.c for quashment of criminal case no.1683/2010 pending in the court of jmfc, chhatarpur under section 498a ipc read with section 3/4 dowry prohibition act. earlier such petition m.cr.c no.3349/2011 was dismissed for want of prosecution and restoration was declined with a liberty to file new petition. according to .....
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