Court : Madhya Pradesh
Reported in : 1990CriLJ1129
..... from statements made by deceased prior to death viz. that the accused had been on intimate terms with certain girl and the deceased was attempting to arrange the marriage of that girl with another person. thus, the evidence of this alleged motive for murder was derived from the statement said to have been made by the deceased ..... (para 13):'the expression 'any evidence of commission of that offence' refers not to evidence in the extensive sense in which that word is used in the evidence act, but to evidence in its primary sense, as meaning, anything that is likely to make the crime evident, such as the existence of a wounded corpse or bloodstained ..... , and the entire prosecution story rests on circumstantial evidence, and in particular, the dying declarations attributed to the deceased which are being read under section 32(1) evidence act. the learned counsel urged, that the accused have been falsely implicated, and in any case no evidence under section 302, i.p.c. is made out. apropos .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(1993)DMC218
..... is applicable in vindhya pradesh region. as such, even if erstwhile vindhya pradesh has been merged in new madhya pradesh state after the states reorganisation act, 1956 which does not change the legal situation and mitakshara hindu law as administered in uttar pradesh shall continue to govern the vindhya pradesh region, but certainly the mitakshra law as administered in madhya pradesh shall ..... by it, the respondents chandra bhanu and deceased durgaprasad had to right to alienate the coparcenary undivided interest without the consent of the, appellant bhagwati prasad, acting contrary to .the provisions of para 260 of mulla hindu law referred to above and thus, the sale dated 20-5-83 is void.19. for the reasons stated above, the appeal is allowed and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990MPLJ362
..... jabalpur in civil suit no. 74-a of 1984.2. the revisionist/wife smt. maya gohiya has brought an action against her husband premlal under section 13 of the hindu marriage act, 1955 (for short the 'act') for seeking a decree of divorce on the ground of cruelty etc. it is contended that her husband premlal is not capable of performing sexual ..... declaration of nullity have been introduced in the law of hindus to give redress in genuinely hard cases. the provisions of the hindu marriage act must never be allowed to be turned into an exit door easily accessible for satisfying a romantic nature of the parties or free lancing...'7. in dastane v. dastane, ..... of premlal to ascertain as to whether he is potent and capable to consummate the marriage, in real sense is not required in the instant case, as the petition has been filed under section 13 of the hindu marriage act wherein impotency is not a ground for nullifying the marriage between the spouse. the said ground only exists in section 12(a) of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990ACJ495
..... an assertion and not by reasoning. it is, therefore, of little assistance in resolving the issue. 43. about kripa nath chakravarthy v. rup chand lunawat air 1955 assam 157, the supreme court said (at paragraph 5):the high court has, however, proceeded to absolve the insurance company from the liability in the light of ..... a charter of freedom for unscrupulous traders and transporters to allow them free scope for unjust enrichment by passing on their statutory liability, compounded by an illegal act, to insurance companies which, under present dispensation, are state undertakings. the beneficent provisions of chapter viii, meant to advance social justice, must be given full ..... by the legislature being defeated.59. to translate into legal language the moral-legal perceptions aforesaid, i would refer to certain statutory provisions, first of the act itself. special provisions have been enacted in section 109-a et. seq. for payment of compensation in cases of 'hit and run' motor accidents and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ102
..... whether the lower appeal court on wrong premises disallowed the claim of pre-emption, by the defendants 3, 5 and 6 under section 22 of the hindu succession act, 1956 (hereinafter called the act). defendant no. 3 raised specific plea in para 12(e) of the written statement claiming preferential right to purchase the suit lands on reasonable price. ..... mangilal and rs. 400/- towards the alleged arrears of tacavi and land revenue were never paid by him.29. sheokalibai (d.w.i) stated that her daughter's marriage was performed just one year after the partition amongst them. she denied that they had taken any loan from mangilal, or as tacavi from state government. she also denied ..... that the tacavi and the arrears of land revenue were due. the witness added that kanchan singh and mohan singh told him that they needed money for the marriage of their sister and also for agriculture. in cross-examination he admitted that he made no enquiry before the bargain for the suit land. he further admitted that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1990)DMC514
..... gulab c. gupta, j.1. this is plaintiff husband's first appeal under section 28 of hindu marriage act against the judgment and decree dated 24-4-1986 passed by shri r.b. dixit, additional judge to the court of district judge, jabalpur at katni in civil suit no. ..... ) has admitted that the child was born normally and was not premature. if evidence of this witness is believed, the respondent could have been pregnant at the time of her marriage and the child would, therefore, be not premature, but overdue. this, however, is not the case of the appellant. in this view of the matter, the conclusion that the child ..... to 12th may at the instance of the brothers of the appellant. under the circumstances, the learned judge made no mistake in accepting 12-3-1981 as the date of marriage. the child was born to the respondent on 18-12-1981. this is also admitted by the appellant. in this way, it would appear that the male child was born .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1990)DMC525
..... 1. this first appeal under section 28 of the hindu marriage act is by the plaintiff and is directed against the judgment and decree dated 4-12-1987 passed by shri s.k. jain, district judge, sagar in civil suit no. 11- ..... unattended. this, in the opinion of this court, is sufficient cause for condoning delay. the delay is, therefore, condoned. 5. for reasons aforesaid, the appeal succeeds and is allowed. the marriage between the appellant and the respondent is hereby dissolved by a decree of divorce granted in favour of the appellant. in view of the facts and circumstances of the case ..... the newspaper. she admitted having received documents (ex. p-1 to ex. p-11). in her cross-examination, she admitted that she had earlier filed a case for dissolution of marriage. she also admitted that newspaper (ex. p-6) was the newspaper containing false allegations against her. she asserted that she had filed a suit under section 500 i.p.c .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1990MP217; I(1990)DMC502; 1990MPLJ103
..... a petition on 10-12-1982 under section 12(1)(b) and (c) for annulling the marriage by a decree of nullity alternatively under section 13(1)(b) of the hindu marriage act, 1955 (hereinafter in short 'the act') to dissolve the marriage by a decree of divorce on the allegations that the parties were married on 1-3-1978 according ..... to hindu rites and customs. thereafter, the defendant lived with the plaintiff until 20-3-1978 whereafter she ..... armed with an ex parte decree of divorce, may remarry on expiry of period of appeal as prescribed under section 15 of hindu marriage act or soon after the dissolution in cases where section 15 of hindu marriage act may not apply.22. the declaration of deemed service under the proviso to rule 19-a(2) may also be made .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1990MP224
..... x x(c) 'lawful increase' means an increase in rent permitted under the provisions of this act;(f) 'rent controlling authority' means an officer appointed under section 23;(g) 'repealed act' means the madhya pradesh accommodation control act, 1955 (1955) repealed under section 51;(h) 'standard rent' in relation to any accommodation means standard rent ..... singh, j., on 28-6-1985, on the interpretation of sub-section (6) of section 12 of the m. p. accommodation control act, 1961 (act 41 of 1961) -- hereinafter 'the act'--, the learned single judge, dr. t. n. singh, j., stated the following question for decision by a larger bench.'whether it is obligatory ..... referred to in section 7 or where the standard rent has been increased under section 8, such increased rent;9. chapter ii of the act (provisions regarding rent .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ284
..... used shall be determined by the facts and circumstances of the case and of the relevant statutory provisions. in hari vishnu kamat's case, air 1955 sc 232,' seven learned judges of the apex court unanimously took the view that certiorari could issue from the high court against decision rendered by an ..... , repelling the contentions raised on merits. the majority, speaking through krishna iyer, j. while upholding high court's decision that election commission could have acted under article 324 of the constitution observed still that the provision did not exclude principles of natural justice. however repoll having been held in (he meantime ..... neither fundamental nor constitutional right, but is merely statutory right and is subject to limitations prescribed in the relevant statute, namely, the representation of the people act, 1951. popular mandate expressed at the hustings is not to be lightly interfered with is also a salutary principle stressed importantly and repeatedly. (see n. .....
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