Court : Madhya Pradesh Jabalpur
..... 4, madhya pradesh rajya hathkargha bunkar society maryadit has been directed to be wound up in accordance with the provisions stipulated in the madhya pradesh co-operative societies act, 1960. ..... the proceedings were stayed and final orders were passed by this court on 19.3.2008. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... into consideration that the story putforth by the complainant has not been supported by any independent source for the offence under section 294,367,506-ii of the ipc and section 3(1)(x) of the sc/st (prevention of atrocities) act, the respondents were acquitted while they were convicted under section 323 of the ipc as stated above.4. ..... of the aforesaid, the trial court has not committed any error or perversity in acquitting the respondents from the offence under section 294,367 and 506-ii of the ipc and section 3(1)(x) of the sc/st (prevention of atrocities) act, therefore, i am of the considered view that the impugned judgment does not require any consideration. ..... the facts giving rise to this petition in short are that on dated 17.8.2008, early in the morning, some quarrel took place between vimla the wife of complainant chhote choudhary and narayan singh, on which, said complainant chhote after lodging the report with some police station at panna ..... on perusing the entire deposition, it is apparent that at any stage he has not stated that such incident was committed by the respondents with intention to humiliate him on account of his caste covered by the sc/st (prevention of atrocities) act. ..... dated 10.6.09 passed by the special judge, panna in special case no.1/09 whereby the respondents have been acquitted from the charges under section 294,367,506-ii of the ipc and under section 3(1)(x) of the sc/st (prevention of atrocities) act. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... during the pendency of this appeal, appellant prakash was found missing since last 12 years and therefore it is presumed under section 108 of evidence act that he is no more and vide order dated 5/4/2010 his appeal has been dismissed as deemed to have been abated.4. ..... in fir ex.p-9 he narrated the fact regarding beating by axe and holding him by accused prakash, munna, gambhir, hakim , sitaram and prahalad, but in his statement before the court he has not stated regarding the act of assault or holding against the accused prakash, prahalad and ratiram. ..... state of madhya pradesh, 2008 (2) mplj (cri) 498", in which the conviction was altered from section 307 to section 325 of ipc, because there was one blow of stone given at the forehead of the deceased and it was observed that intention of ..... the overt-act of munna comes within the purview of section 324 of ipc only, whereas appellant hakim may be convicted for offence under section 324 of ipc with the help of section 149 of ipc.21. ..... the overt-act as established with the help of the prosecution evidence comes under the category of offence under section 324 of ipc only. ..... no overt-act of any other accused persons is proved.14. ..... similarly he had seized an axe from accused munna from his house for which accused munna had given information under section 27 of the evidence act. .....
Tag this Judgment!Court : Madhya Pradesh
..... the state government of madhya pradesh in pursuance to the powers conferred by clause (a) and (b) of sub-section (2) of section 127, sub-section (1) of section 355 and sub-section (5) of section 356 of the madhya pradesh municipalities act, 1961 framed the rules for the assessment and collection of terminal tax within the limits for kymore municipality; viz, kymore municipality terminal tax on export of all kinds of cement, manufactured materials of cement, rakhad ..... ground on which the claim of council is disputed, has been made to the council in the case of a rate on building or land within the time fixed in the notice given in accordance with the provisions of the act or the rules made thereunder or of the assessment or alteration thereof, according to which the bill is prepared;(c) the amount claimed from the appellant has been deposited by him in the municipal office. ..... 173 stipulates:"173 amount of tax etc to be final :- (1) the amount of every sum claimed from any person under the act on account of any tax or otherwise, shall, subject and decision in appeal or revision, if any, preferred under section 172, ..... (1) appeals, against any claim included in a bill presented in accordance with the provisions of this act, or the rules made thereunder, be made to the civil judge, class i, at the headquarters of the municipality the civil judge, class ii having jurisdiction at such headquarters if there be no such civil judge class ii at the headquarters ..... and others [2008 (1) mplj 219], .....
Tag this Judgment!Court : Madhya Pradesh
..... jain (pw8), who also conducted autopsy on the dead body, again described the external injuries in the following terms - criminal appeal no.86/2008(i) lacerated wound long on the left frontal region of scalp. ..... circumstances leading to alibi are within his knowledge and as provided under section 106 of the act he has to establish the same satisfactorily. ..... " criminal appeal no.86/2008[quoted with approval by a division bench of punjab & haryana high court in mohinder singh v. ..... criminal appeal no.86/2008(iii) lacerated wound (pea) on the p.p. ..... criminal appeal no.86/2008(iv) in a severely injured condition, sharda was taken to out post bandakpur where, at his instance only, the fir (ex.p-26) was recorded by asi r. ..... under these circumstances, no doubt could be cast upon the authenticity of contents of the fir, that was also admissible as the dying declaration under section 32(1) of the evidence act. 16. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... my attention to the statutory rules now framed in the matter of prescribing the service conditions for registrars of the national institute of technology i.e the national institute of technology [nits] registrars recruitment rules 2008, shri vikram singh submits that the rules applicable to group a employees of the central government are also applicable to the registrars and, therefore, the respondents have not committed any error in taking action ..... it is further stated that the university grants commission (hereinafter referred to as 'ugc') exercising powers conferred by section 3 of the university grants commission act, 1956 has issued a notification annexure p/2, on 26.6.2002, granting the status of deemed university to respondent no.2 and circulars in this regard have been issued ..... made by respondent no.1 in paragraphs 10 and 11 of the reply, and the documents available on record, it is argued by shri vikram singh that vide notification r-1/2 dated 9.11.2003, the rules and regulations applicable to indian institute of technology, new delhi has been adopted and as the provisions of fr 56 (j) is applicable to the indian institute of technology, new delhi the same governs the service conditions of the petitioner also. ..... are based on the service conditions of the employees working in the central government and for the purpose of leave rules, conduct and disciplinary appeal rules etc, the rules applicable to indian institute of technology, new delhi has been made applicable. .....
Tag this Judgment!Court : Madhya Pradesh
..... or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction- (a) in the case of a person who is employed or as the case may be ..... was employed in connection with the affairs of the central or state government within the meaning of section 197 of the code in view of the fact that by virtue of section 5 of the act of 1950, the general superintendence, direction and management of the affairs and business of a corporation vested in a board of directors that consisted of a chairman and such other directors as state government thought ..... cognizance of the offences punishable under sections 120b of the ipc and 13(1)(d) read with 13(2) of the pc act has been taken against the petitioner, a superannuated officer of indian administrative service, and co-accused narsingh mandal and prakash chand sethi who, at the relevant point of time, wererespectively ..... a government employee whose services are placed at the disposal of a company, corporation or organisation or a local authority or university by the government shall, for the purpose of these rules be deemed to be a government employee serving under the government notwithstanding that ..... the offences allegedly committed on or about 20.11.1995, was filed on 01.01.2008. .....
Tag this Judgment!Court : Madhya Pradesh
..... of the treatment made by the accused- 8 criminal revision 1000/10 petitioner containing the prescriptions by the government doctors posted at civil hospital ganj basoda district vidisha, the post-mortem report dated 03 rd september 2008, the report dated 30th september 2008 by the senior scientist forensic laboratory, sagar to such panel consisting of the specialist of doctors of medical college and the director medico legal institute, gandhi medical college bhopal, constituted by the directorate ..... (ii) the investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion, preferably from a doctor in government service, qualified in that branch of medical practice who can normally be expected to give an impartial opinion applying the bolam test. ..... ramesh gupta was having the certificate from bhartiya chikitsa padhhati and was having the decree ayurvedacharya, bachelor of medicine and surgery' from the board of indian medicine, uttar pradesh, but he administered the allopathic medicine. ..... (6) on perusal it is found that the petitioner/accused has possessed the degree of ayurvedacharya, bachelor of medicine and surgery from the board of indian medicine u.p. ..... the petitioner is a qualified physician in recognised ayurvedic system and he is having the degree of ayurvedacharya bachelor of medicine and surgery from the board of indian medicine u.p. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... then an application under section 216 of cr.p.c was made before the trial court to modify the charges and learned jmfc khurai in criminal case no.1654/2008 vide order dated 14.6.2010 took the cognizance of offence punishable under section 304-b of i.p.c and issued the arrest warrants against the applicants.4. ..... it is directed that in the event of arrest by arrest warrant of criminal case no.1654/2008 of jmfc khurai, applicants mohammad nadeem, sadab, farhan and parveen begum shall be released on bail on furnishing a personal bond in the sum of rs.20,000/- (rupees twenty thousand) each with a solvent surety in the like amount to the ..... the complainant party did not apply to the police for reinvestigation but, it simply filed an application under section 216 of cr.p.c before the trial court whereas trial court could act on the application on the basis of the documents available on the record. ..... he did not consider the circumstances from 30.12.2008 to 11.1.2009 relating to the case and, therefore, order of issuance of arrest warrant is not legal. ..... history of the case in short is that a criminal trial was filed by the police station khurai against the applicants for offence punishable under sections 498-a , 323, 506(2) of i.p.c on 30.12.2008. .....
Tag this Judgment!Court : Madhya Pradesh
..... basis of evidence placed on record came to hold that charges under sections 148, 302 in the alternate 302/149, 307 in the alternate 307/149, 323/149 of the ipc and under section 27 of the arms act has not been proved against the respondent no.2, shivraj singh and eventually, acquitted him from these offence, the learned trial court further came to hold that charges under sections 148, 302 in the ..... under sections 148, 302 in the alternate 302/149, 307 in the alternate 307/149, 323/149 of ipc and further acquitting the respondent shivraj singh from the charge under section 27 of the arms act, has been made pivot in this appeal filed by the state of madhya pradesh under section 378(3) of the code of criminal procedure, 1973, after obtaining leave to file appeal. 2. ..... p.w.4, dayaram has neither stated about any overt act of parmal nor he stated about the presence of parmal at the spot. ..... therefore, presence and overt act of parmal has not been proved beyond reasonable doubt. 36. ..... state of uttarakhand, 2008 crlj 1058. 11. ..... the acquittal of shivraj singh, respondent no.2 under section 27 of the arms act is also hereby affirmed. 39. ..... the acquittal of the accused, shivraj under section 27 of the arms act is hereby affirmed. 37. ..... , since it has not been proved beyond reasonable doubt that the fire arm weapon was seized from the possession of shivraj and, therefore, he was acquitted from the offence under section 27 of the arm act. .....
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