Court : Madhya Pradesh
Decided on : Sep-03-2003
Reported in : 2004CriLJ2311; 2004(1)MPLJ353
..... .w. 3 brought the appellant harsan bai to live with him as his concubine and it was natural for chandrakala who was legally wedded wife of dhaniram to protest this act of dhaniram. she immediately left for parental home and called a panchayat. in panchayat she proposed that half of the property of dhaniram should be transferred in the name of ..... (see joharlal das v. state of orissa) air 1991 sc 1388 : (1991 cri lj 1809).we accordingly accept the appeal, set aside the conviction and sentence of the appellant under section 302 ipc and acquit her. appellant is on bail. her bail bonds are discharged. ..... 1. appellant harsan bai stands convicted under section 302 of the ipc with sentence of imprisonment for life vide impugned judgment dated august 10, 1990, passed by the additional sessions judge, balaghat, in s.t. no. 64/90. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-03-2003
Reported in : I(2005)ACC765; 2003(4)MPLJ174
deepak verma, j.1. this appeal has been preferred under section 173 of motor vehicles act, 1988 against the award dated 2nd march, 1998, passed by 1st addl. motor accident claims tribunal, indore in claim case no. 189 of 1990.2. tribunal has dismissed the claim ..... for autopsy. since details of offending vehicle tanker was given, it was seized. after completion of necessary investigation, charge-sheet was filed against the driver of offending vehicle under section 304a of the penal code in the competent criminal court. but on account of his death, the said criminal proceedings against driver of offending vehicle had abated and consequently the ..... exact version in vivid description then it would have been termed as a 'tutored witness'. his conduct after going through news of nai duniya, is to be appreciated, as he acted in promptitude ever since then. had he delayed lodging of first information report, even after going through news item, then, it could have been termed as an afterthought, or, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-01-2003
Reported in : (2004)186CTR(MP)649
..... it is not disputed before us that the decisions which have been rendered by other high courts making amended rule as intra vires have not referred to section 17(2) of the act but the said high courts have categorically held that there has been no transgression in making of the rules. in view of the obtaining factual matrix and ..... based on latest published all-india census.' 12. it is submitted by mr. h.s. shrivastava, learned senior counsel and mr. sumit nema that without amending section 17(2) of the act the rule could not have been amended. per contra, it is submitted by mr. rohit arya that the concept of concession has been totally misconstrued by the ..... has come into force runs in oppugnation to the main provision and as there is transgression it has travelled beyond the rule-making power as stipulated under section 295 of the act. reference has been made to the old rules to show how that had been interpreted by various high courts and how the present rule if studiedly scrutinised .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-01-2003
Reported in : [2006]146STC243(MP)
..... proceed to deal with both the notifications.4. assailing the notifications mr. nair raised following contentions:(i) that the notification no. (17) runs counter to section 3(l)(b) of the act inasmuch as the notification has not taken note of the provision in entirety and has transgressed the basic essence of it by ushering in a sense of ambiguity ..... of the constitution of india the petitioners have prayed for a declaration that the notification contained in annexure p-4 is violative of section 3(2) of the m.p. entry tax act, 1976 (for brevity 'the act'). quite apart from the above there are series of reliefs claimed in the writ petition.2. before we advert to the ..... is entitled under law, if eventually the notification is declared to be intra vires, to be assessed under section 3(2) of the entry tax act, 1976 but the petitioner has been proceeded under section 3(1) of the entry tax act which is not permissible in law; that the assessment officer as well as the appellate authority has not .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-01-2003
Reported in : [2004]134TAXMAN303(MP)
..... . it is not disputed before us that the decision which have been rendered by other high courts making amended rule as intra vires have not referred to section 17(2) of the act but the said high courts have categorically held that there has been no transgression in making of the rules. in view of the obtaining factual matrix and ..... based on latest published all-india census.'12. it is submitted by mr. h.s. shrivastava, learned senior counsel and mr. sumit nema that without amending section 17(2) of the act the rule could not have been amended. per contra, it is submitted by mr. rohit arya that the concept of concession has been totally misconstrued by the ..... which has come into force runs in oppugnation to the main provision and as there is transgression it has travelled beyond the rule making power as stipulated under section 295 of the act. reference has been made to the old rules to show how that had been interpreted by various high courts and how the present rule if studiedly scrutinised .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-29-2003
Reported in : 2003(4)MPHT1; 2003(3)MPLJ554
..... amount of tax. what is to be clarified here that this provision has to be read in harmony and in consonance or in tune with section 138 of the act. section 138 confers power on the municipal corporation to pass resolution for determining the annual letting value of the land on the basis of per square ..... to realm of excessive delegation. submission of learned counsel for the petitioners is that the legislature while engrafting the provisions, namely, section 126 of the municipality act and section 138 of the municipal corporation act in sub-section (1) has used the words 'as may be made by the state government in this behalf and such a prescription ..... authority to suspend the resolution passed by the municipal corporation if it is not in conformity with the law or the rules. similarly, in the municipalities act under section 323 power has been conferred on the divisional commissioner, collector or any other officer authorised by the state government, in this behalf, to suspend the execution .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-29-2003
Reported in : AIR2004MP182
..... amount of tax. what is to be clarified here that this provision has to be read in harmony and in consonance or in tune with section 138 of the act. section 138 confers power on the municipal corporation to pass resolution for determining the annual letting value of the land on the basis of per square ..... to realm of excessive delegation. submission of learned counsel for the petitioners is that the legislature while engrafting the provisions, namely, section 126 of the municipality act and section 138 of the municipal .corporation act in sub-section (1) has used the words 'as may be made by the state government in this behalf and such a prescription ..... authority to suspend any resolution passed by the municipal corporation if it is not in conformity with the law or the rules. similarly, in the municipalities act under section 323 power has been conferred on the divisional commissioner, collector or any other officer authorised by the state government, in this behalf, to suspend the execution .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-22-2003
Reported in : I(2004)BC402; 2004(1)MPLJ147
..... learned counsel for petitioners are not applicable in the present case as there is no agreement for mortgage and he further submitted that the appeal is maintainable under section 17 of the act of 2002 and, thus, prayed for dismissal of the petition.8. having heard learned counsel for the parties and after perusal of the record, i am ..... the terms and conditions of the hypothecated stock, the account of the petitioners become npa. he further submitted that the respondent bank has legally issued notices under section 13 of the act 2002 and when the account became npa and it was known to the petitioner, therefore, all the objections which he has raised in his reply were known ..... bank that the aforesaid stock was either sold/removed without depositing its sale proceeds. it is also not in dispute that notices dated 27.11.2002 under section 13(2) of the act, 2002 have been sent to the petitioners which are collectively marked as annexure - 'p/5' recalling the loan on the ground that the account of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-22-2003
Reported in : 2003(4)MPHT380
..... of facts are necessary for the disposal of this revision petition. suffice it to say, that the charge-sheet under section 3/5 of the explosive substances act, was filed in the committal court wherein an application under section 319 of the code was moved by the prosecution on 3-2-97 to array the applicant subhash chandra jain as ..... order. hence, this revision.3. in this revision petition, shri harpreet ruprah, learned counsel for the applicant has vehemently argued and submitted that the case under section 3/5 of the explosive substances act is triable by the court of sessions and hence the committal court was not enjoying any jurisdiction to allow the application filed under ..... section 319 of the code. to bolster his contention he has placed heavy reliance on the decision of the apex court in the case of raj kishore v. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-21-2003
Reported in : 2003(4)MPHT223; 2003(4)MPLJ136
..... judicial magistrate first class, sihora.3. the additional sessions judge after considering the evidence on record has held that the applicant was not a 'juvenile' as per section 2(k) of the juvenile justice act, 2000 as he was of more than 18 years of age on the date of the commission of the alleged offence.4. heard shri a usmani, learned ..... be safely held that on 28-6-2002 - the date of incident the applicant was of 17 years of age and was juvenile as per section 2(k) of the juvenile justice (care & protection of children) act, 2000.8. the apex court in rajinder chandra v. state of chhattisgarh, 2002(1) m.p.h.t. 536 = air 2002 sc 748, while ..... be juvenile being 17 years of age on 28-6-2002 - the day of the commission of the alleged offence under section 376 of the indian penal code, filed an application under section 49 of the juvenile justice (care & protection of children) act, 2000. the learned additional sessions judge, sihora vide orders dated 22-5-2003 passed in sessions trial no. 654/ .....
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