Court : Madhya Pradesh
Decided on : Jan-17-2014
..... powers of the appellate authority to initiate suo moto powers under sub section (2) was in the matter of an order of confiscation only, but subsequently by the indian forest amendment act, 2009 brought into force w.e.f. 27.03.2010 vide annexure p-7. sub section (2) and (6) of section 52-a, it is ..... challenging the order dated 4 t h april, 2013, passed by special judge (atrocities), district seoni in criminal revision no.101/2012 in a proceeding held under the indian forest act, this application has been filed for quashing the proceedings and the order impugned pertaining to confiscation of vehicle.2. applicant is the owner of a swaraj 735 tractor ..... power and that in view of amended provision, the appeal was maintainable and the appellate authority and the revisional authority have not committed any error in rejecting the objection of the applicant.8. i have heard learned counsel for the parties at length and perused the record. section 52-a of the indian forest act, 1927 as is applicable in .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-21-2014
..... , bhopal. one deputy director prosecution gave his opinion vide letter dated 26.11.2009 that police station mahila thana, bhopal had jurisdiction to entertain the case. however, an amendment in the cr.p.c. was made in the year 1983 and section 198 of the cr.p.c. was added that any person on behalf of the aggrieved can ..... the complainant after her return from usa for any purpose including the dowry demand or harassment and therefore, prima facie no offence punishable under section 498-a of ipc or section 506 of ipc is made out against the applicants on the basis of the evidence collected by the investigation officer.10. as discussed above, after coming from usa, the ..... return from ohio and therefore, prima facie no offence punishable under section 498-a or 506 of ipc is made out against the applicants either directly or with the help of section 34 of ipc. similarly, no offence under section 3/4 of dowry prohibition act is made out against the applicants for -:- 9 -:- m.cr.c.no.1830 of 2013 the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-24-2014
..... kishore (supra).the learned senior counsel for petitioner has fairly not pressed the application for amendment. the application is accordingly dismissed. also heard on admission. respondent no.1, on coming to a conclusion that the petitioner submitted wrong returns in respect ..... .1. heard on i.a.no.12853/2013, which is an application for amendment of the petition. by the proposed amendment, the petitioner inter alia has mainly prayed that section 172(c) of the madhya pradesh municipalities act, 1961 (in short, the act ) be declared ultra vires the constitution of india. for better understanding of the ..... section (2)(c).in shyam kishore v. municipal corporation of delhi air1992sc2279the constitutional validity of an identical provision section 170 (b) of delhi municipal corporation act 1957 was challenged but it was held to be intra vires by the supreme court. therefore, having regard to the decision of supreme court in shyam .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-14-2014
..... counsel referred to para. 26 of the said judgment to canvass his contention. 8. per contra, counsel for respondents submits that in the matter of rejection of the amendment application no right and liability of the parties are determined finally and as the same is yet to be determined in the writ, therefore, appeal is not maintainable. ..... they are appealable." 10. if the aforesaid principles are applied in the present case, it would be seen that in the matter of rejecting the application for amendment, merits of the claim of the petitioner in the writ petition challenging the liability to pay property tax is not affected, the order is interlocutory in nature is ..... the year 2005-06, the respondent no. 2 municipal council, malajkhand, enhanced the municipal taxes and proposed to levy property tax in accordance to m.p. municipalities act, 1961 and in furtherance to the same a resolution was passed on 6-2-2006. the petitioner submitted self-assessment form in response to the same and thereafter, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-20-2014
..... of class rooms, halls and laboratory for conducting educational facilities. it is stated that this facilities was available in the institute but after the regulation was amended in the year 2007, the increased facilities as required was available but on the garb of the institute having no building of its own, the impugned ..... argue that the action is unsustainable, however when a question was put to him as on date the amended regulations are applicable and the institution is not functioning, therefore, they should comply with the requirements of ncte act and regulations framed thereunder. shri kishore shrivastava, learned senior counsel submits that in view of the provisions ..... have fulfilled the statutory requirements and it has been held by the supreme court that until and unless the requirements as provided for under the ncte act and regulations framed thereunder are not fulfilled and the inspection done by the council to verify the same no permission should be granted to any institute .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-02-2014
..... in that behalf is well explicit from the amended section 6 of hindu succession act. besides, it is submitted that in terms of section 82 of the madhya bharat land revenue and tenancy act, samwat, 2007, the suit property left behind by chinku shall devolve upon his widow as the class i heir as ..... chinku on the premise that in terms of hindu succession act, 1956, she is entitled for 1/3 share in view of the amendment brought in the hindu succession act stating that the aforesaid amendment is retrospective in nature. on the other hand, it is submitted that amendment brought in section 6 of hindu succession act, 1956 does not have retrospective operation and the intention legislature .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-21-2014
..... the extent of compoundability of section 324 of the ipc only. 5. learned panel lawyer appearing on behalf of the state has raised formal objection. 6. i have heard the learned counsel for the parties at length and gone through the impugned order, first information report (d-2) and the amendment act, 2005 (d-4), amending act, 2006 (d-5) and notification dated and notification ..... of the ipc read with section 3(1)(x) of the sc/st (prevention of atrocities) act on the ground that both the offences are not compoundable, hence this revision. 4. learned counsel for the applicant has submitted that the trial court has committed illegality in interpreting the code of criminal procedure (amendment) act, 2005 (hereinafter referred to as the amendment act, 2005). though the amendment act, 2005 .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-25-2014
..... to exercise the discretionary power under the proviso of section 376 (2) of ipc. 23. it is imperative to mention that the legislature through the criminal law (amendment) act, 2013 has deleted this proviso in the wake of increasing crimes against women. though, the said amendment will not come in the way of exercising discretion in this case, on perusal ..... case no. 261/13 registered by police station, petlawad, distt. jhabua for offence under sections 342, 366,450, 376 (gha), 506 of the ipc and section 25-b of the arms act. 2. counsel for the applicants has vehemently urged the fact that although this was second application moved on behalf of the applicants, the case was ..... the minimum prescribed. 24. this is yet another opportunity to inform the subordinate courts and the high courts that despite stringent provisions of rape under section 376 of ipc, many courts in the past have taken a softer view while awarding sentence for such a heinous crime. this court has in the past noticed that few .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-05-2014
..... court that large number of attacks have been carried out by the insurgents on defence installations all over the country resulting in loss of valuable life of indian soldiers and, therefore, the army authorities all over the country are ensuring protection of their troops either by barricading their own land or by constructing wall ..... grounds. the land in question is exclusively a(1) category land. a wall is being constructed by obtaining necessary permission keeping in view the works of defence act, 1903 by obtaining necessary budget under the ministry of defence budget and the same cannot be stopped at the behest of the petitioners for no rhyme or ..... that the army authorities while constructing a boundary wall are blocking the existing road which is impermissible in law keeping in view sec. 258 of the cantonments act, 2006. the petitioners thereafter served notices to the respondents requesting them to stop construction of the boundary wall and as the army authorities continued with the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-07-2014
..... statute. in the case of k. rajeshwar rao (supra) hon'ble the apex court has mentioned that in that particular case the offence was committed prior to the amendment of section 16 of the pf act when the provision of imposition of minimum sentence was enacted, and therefore in the present case the offence is committed when the ..... amended provision of section 16 was already in force relating to the minimum sentence, therefore, the law laid down by hon'ble the apex court in the case of k ..... remission etc., and therefore the revisionary court, who has limited jurisdiction is competent to find the illegality or perversity in the judgments of both the courts below and can act accordingly. after conclusion of the revision the convict accused still has a right to move an application under section 433 of cr.p.c. before appropriate forum. as per .....
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