Court : Madhya Pradesh
Reported in : 2001(3)MPHT252; 2001(3)MPLJ272
..... other words, the court can award a maximum sentence of five years and with fine. section 4 of the act covering the mischief causing damage to public property by fire or explosive substance extend the maximum sentence to ten years with fine.7. section 2(h) of the code of criminal procedure reads as under:--'investigation' includes all the proceedings ..... as the first objection is concerned, the forest officers have no power to authorise any special agency to investigate the offence committed under the act of 1984. sub-section (2) of section 3 of that act provides that a minimum sentence for the offence shall be six months but it is punishable to the extent of five years and with ..... being in force. the words subject to any enactment for the time being inforce referred to this context must be the act of 1984. the act of 1984 docs not provide any procedure for investigation.9. section 5 of the code of criminal procedure reads as under:--'5. nothing contained in this code shall, in the absence of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(3)MPHT200; 2002(3)MPLJ249
..... , and in the case of a mine, it is due to fire, flood, excess of inflammable gas or explosion. learned counsel has referred to the definition of 'lay-off' contained in section 2(kkk) of the act and contended that it is only on one or more of the conditions prescribed therein that a permission can be ..... forged to indicate membership of the union, has been filed. learned counsel for the petitioner has submitted that under sub-section (2) of section 25m of the industrial disputes act, application for permission under sub-section (1) of section 25m can be made by the employer only after copy of such an application hassimultaneously been served on the workman concerned ..... find any substance in the contention of the petitioner that on the ground as projected before the specified authority permission could not have been granted under section 25m of the act.11. at this stage, it is also necessary to consider the contention advanced on the basis of the document annexure r-j-ii purporting to be .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(2001)ACC742; 2001ACJ1176
..... into death or disablement arose out of use of motor vehicle. the element of intention has no role to play under section 163a and section 140 of the 1988 act. section 165(1) of the 1988 act provides for constitution of motor accidents claims tribunals for adjudicating upon claims for compensation in respect of accidents involving the death of ..... feet from the highway. as a result of the collision, the petrol contained in the tanker leaked out and collected nearby, about four hours later, an explosion took place in the tanker causing burn injuries to those assembled near it. their lordships considered the meaning of the petrol tanker in the context of motor ..... file an application formally for compensation if the report of the accident has been forwarded to the claims tribunal under subsection (6) of section 158 of the 1988 act. sub-section (6) of section 158 was inserted on 14.11.1994. when a police officer has recorded any information regarding any accident involving the death or bodily .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(1)MPHT445
..... subjects enumerated in list i-state list and list ii-concurrcnt list of the viith schedule of the constitution.6. subject relating to arms, firearms, ammunition and explosives falls within union list at item no. 5. the state legislature has, therefore, no power to make law in respect of any matter relating to arms, ..... make law thus, attracting the limitation contained under article 162. secondly there is no authority conferred on the state government or their authorities by the arms act or the rules to issue such orders or instructions.8. the impugned circular is also violative of petitioners' fundamental right to carry trade or business as ..... the expression 'executivepower' is very wide and connotes the residue of governmental functions that remain after the legislative and judicial functions are taken away. it includes acts necessary for carrying out the administration of the state. these powers of the state executive, are however, co-extensive with the legislative power of the state .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(2)MPHT181; 2000(2)MPLJ242
..... to darkness. dynamite rods and detonator were recovered from the spot. crime no. 161/99 was registered by police mohghat road, khandwa, against the detenue, for offences under section 5 of the explosive substances act and section 295 of the indian penal code.4. besides the above, the 'rojnamcha sanha' no. 59, dated 1-5-1999 indicates that the detenue and his companions had ..... , dated 2-5-1999, information regarding the detenue taking explosive substance towards maharashtra, was recorded.5. the district magistrate, east nimar, khandwa, on the basis of the above material was of the opinion that the activities of the detenue are affecting public order, therefore, ordered his detention under section 3(2) of the 'act' as per annx. p-4.6. undisputably, the matter .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001CriLJ3048
..... darkness. dynamite rods and detonator were recovered from the spot. crime no. 161/99 was registered by police mohghat road, khandwa, against the detenu, for offences under section 5 of the explosive substances act and section 295 of the indian penal code.4. besides the above, the 'rojnamcha sanha no. 59, dated 1-5-1999 indicates that the detenu and his companions had accumulated ..... , dated 2-5-1999, information regarding the detenu taking explosive substance towards maharashtra, was recorded.5. the district magistrate, east nimar, khandwa, on the basis of the above material was of the opinion that the activities of the detenu are affecting public order, therefore, ordered his detention under section 3(2) of the 'act' as per annx. p/4.6. undisputably, the matter .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(1)MPHT60
..... dacoity after about 3 weeks of the dacoity and these accused have not explained how they acquired these ornaments in a legal manner, the presumption under section 114a evidence act applies against them that they possessed those ornaments knowing to be looted property. the lesser presumption is being drawn against them because it was the prosecution ..... and silver ornaments, cash, watch, clothes and other articles. he had noted initially 3 persons alongwith his cot hitting him and tying him with a rope and explosive substances were also used, outside. some of the accused had gone out of the house and some of them had gone in the inner room. in the ..... the fact that 3 persons were tying and beating ramkishore inside the house. there were others outside who were firing gun shots and throwing explosives. empty cartridges and pieces of explosives were recovered from the outside of the house of ramkishore. the statement of ramkishore proves that there were more than 5 persons who committed dacoity .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1999MP156
..... road, fulham and at the intersection of a number of roads. the local authority refused to give consent under the london country council (general powers) act, 1933. section 69(1) provides that such consent shall not be refused unless in the opinion of the local authority the petroleum filling station established would cause obstruction ..... (i) the central government, where the order is passed by the chief controller; (ii) the chief controller, if the order is passed by a controller of explosives; (iii) ............ (iv) the immediate official superior to the district authority, if the order passed by the district authority. (v) the immediate official superior to officer ..... apply to the district authority for his 'no objection certificate'. after no objection certificate is granted by the district authority, the chief controller or controller of explosives will process the application. however, sub-rule (4) of rule 144 says that if the district authority, either on a reference being made to him .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1999MP260
..... the court has a special responsibility and it is the duty of the court to consider the welfare of the minor and protect the minor's interest.12. section 17(3) of the act, amongst others requires the court to consider the inclination of the minor in the matter, if the minor is old enough to form an intelligent preference. in the ..... in police force posted at dantewada in district bastar in the state of m.p. on 4-6-92 in an encounter with naxaliles he was killed in a bomb explosion. the child narendra was born on 27-10-87. since his birth he lived with mother and the grand parents in a house jointly by them in village parsada about ..... parties, the presiding judge would be free to take such remedial actions for enforcement of the order as are permissible in law and in accordance with section 25 read with section 45 of the guardians and wards act. (2) the respondent mother is directed to keep the child with her at village pirda where she is living presently with her father or at .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(2)MPLJ156
..... for their proper and orderly growth they would be actively interested.the present is the case, which exhibits that a very petty thing relating to the etiquette led to the explosive situation.however, looking to the circumstances of the case and the background and having in mind the sincere apology tendered by shri p. k. verma and the submissions ..... to the framing of the law by the parliament as to the persons entitled to practice before the supreme court; and the parliament, exercising this power, framed section 34 in the advocates act, 1961 authorising the high court and the supreme court in this regard for framing rules as to the persons who are entitled to practice in the high ..... person to whom show cause notice is issued. it can be filed on behalf of a party to the list by the counsel. the rules framed under section 34 of the advocates act speaks about it. as is submitted, shri verma did not appear before the court, not on account of his avoidance to the appearance before the court but .....
Tag this Judgment!