Court : Madhya Pradesh Jabalpur
..... accused arman khan. similarly, the accused salman khan has not committed the offence punishable under section 307 of ipc, and looking to his overt-act, he can be convicted for commission of offence under section 323 of ipc only, therefore his sentence should be assessed afresh, hence his sentence cannot be enhanced as prayed by learned ..... intention with accused samarjeet for commission of offence under section 307 of ipc, hence accused-appellant salman can be convicted for his own act, which comes under section 323 of ipc instead of section 307 of ipc. since the charges for offence under section 307 of ipc are higher, therefore, accused salman khan can be convicted for lower ..... intention can be assessed. with the help of nature of injuries and the act of accused samarjeet, it can be said that he intended to cause death of injured vilas, and therefore, he was guilty for commission of offence under section 307 of ipc. the learned first additional sessions judge rightly held him guilty for the .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... judge, waraseoni district balaghat in st no.30/2004, whereby the respondents have been acquitted from the charges of section 307 read with section 34 of ipc and section 324 read with section 34 of ipc.2. prosecution case, in short, is that 3-4 days prior to 24/9/2003, some dispute took place between complainant d.p.mishra and accused .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... after evaluating the entire circumstances, the sdo on 24.12.2007 recommended that as munnalal lodhi is facing a criminal trial for offence under sections 419, 420 read with 34 ipc and as the case is pending in the sessions court, he should not be appointed. finding smt. pratibha yadav to be a lady belonging to the obc category and serial .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... classes and the matters connected therewith or incidental thereto. the statement of objects and reasons of the act provides that article 15(5) of the constitution of india as inserted by the constitution (ninety-third) amendment act, 2005 provides for making any special provision by law by the state government for advancement of any ..... to scheduled castes and 14% seats are reserved for candidates belonging to other backward classes other than creamy layer of obc of madhya pradesh or as amended from time to time.(1) reservation for woman candidates shall be 30% according to merit cum option in each category. (2) the minimum percentage ..... of reservation in favour of the freedom- fighters and sainiks categories for private unaided professional educational institutions. the rule has been framed in consonance with the 2007 act. as is manifest, the rule also does not prescribe any reservation for 'freedom-fighter' and 'sainik' categories in private unaided professional educational institution. thus .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... in accordance with law or can be disapproved or can be distinguished then the single bench shall refer the matter to the larger bench. thereafter, due to amendment made in the high court rules, the petitions under article 227 were heard by the division bench of this court and the question of maintainability was decided vide ..... has been applied for, in our opinion, various aspects have to be considered including the effect of non filing of the application under section 5 of limitation act seeking condonation of delay. overall conduct of the applicant has to be considered during the trial, circumstances in which he was proceeded ex-parte. mere filing of ..... appeared before the trial court, written statement was also filed. as the rent was not deposited, an application under section 13(6) of m.p. accommodation control act, 1961 was filed. the trial court ultimately ordered striking-off the defence of defendants/tenants. thereafter, defendants were proceeded ex-parte. the civil suit was filed in .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... provide special consideration to these cases and will curtail the delay in the process of modification in development plan."25. section 23-a of the act as amended by amendment act of 2005 reads as under:-"23-a. modification of development plan or zoning plan by state government in certain circumstances.-(1)(a) the state government ..... convention centre. thereafter, the project is being developed by the state government. it has been further stated that indian trade promotion organization had jointly set up exhibition and convention centre with karnataka trade promotion organization and tamil nadu trade promotion organization and similar plans are ..... that a modern state of art convention centre should be set up in bhopal. the ministry of commerce, government of india has deputed a team of indian trade promotion organization to visit bhopal and to make a spot assessment about the possibility of converting old vidhan sabha building in bhopal into a modern .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... a lesser punishment, as the case may be, whereas in the criminal proceedings the question is whether the offences registered against him under the prevention of corruption act (and the indian penal code, if any) are established and, if established, what sentence should be imposed upon him. the standard of proof, the mode of enquiry ..... drawn from the bank by putting forged signature. on the basis of said report a crime was registered for offences under sections 420, 467, 468 and 471, ipc vide crime no. 285/2008 dated 12.6.2008. 2. during course of investigation of said crime the petitioner and one amar singh uike were apprehended as ..... gets unduly delayed."in baldev singh gandhi v. state of punjab (2002) 3 scc 667 their lordships were pleased to hold:9. misconduct' has not been defined in the act. the word 'misconduct' is antithesis of the word 'conduct'. thus, ordinarily the expression 'misconduct' means wrong or improper conduct, unlawful behaviour, misfeasance, wrong conduct, misdemeanour .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... . ltd. (1985) 3 scr 26; 1985 supp scc 280. we are also of the opinion that in view of the clear provisions of section 7(2) of the criminal law amendment act, 1952 and articles 14 and 21 of the constitution, these directions were legally wrong."16. in the case of punjab land development and reclamation corporation ltd., chandigarh vs. presiding officer ..... . the latin expression per incuriam means through inadvertence. a decision can be said generally to be given per incuriam when this court has acted in ignorance of a previous decision of its own or when a high court has acted in ignorance of a decision of this court. it cannot be doubted that article 141 embodies, as a rule of law, the .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... in the written statement of the appellants at the initial stage when the same was filed but subsequently, such mistake was rectified by way of amendment in the written statement and after such amendment, the same had gone to relate back from the date of filing the written statement and, in such premises, the impugned decree on the ..... dismissing the counter claim of the appellants decreed the suit of the respondents for eviction on the grounds enumerated under section 12(1)(a) and (c )of the act, on which, the appellants filed the appeal challenging the aforesaid decree. on consideration, by allowing such appeal in part, the decree of the trial court passed under ..... was not paid even after making demand. with these pleadings, the suit for eviction on the ground available under section 12(1)(a) and (c ) of the act is filed.6. in the written statement of the respondents, beside the aforesaid undisputed facts, the relationship of the respondents with sunder lal and chhotelal as stated by them .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... obstante clause in section 129 cpc has over riding effect over the provisions of order 8 rule 1 prescribing a time limit for filing of written statement introduced by the amending act to the cpc, in the year 2000. after taking note of the judgments rendered by the supreme court in the case of g.m. kokil (supra) and various other cases ..... by shri r.n. singh, learned senior advocate. in the said case the question arose with regard to applicability of the factories act 1948 to certain employees working in the indian security press, nasik. section 59 of the factories act alongwith the rules framed therein contemplates a provision for payment of extra wages for over time. however, the aforesaid benefit was only available .....
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