Court : Madhya Pradesh
Reported in : 2008(3)MPHT371
..... provision of section 32(1) of evidence act, 1872 is an exception to rule against admissibility of hearsay rule and if the dying declaration is reliable, conviction can be based thereon. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(4)MPHT163
..... that there are no eye witnesses in the matter, the prosecution has failed in proving the enmity between the accused and the deceased rampati, the prosecution in accordance with section 30 of the indian evidence act has failed to prove the confessional statement made by co-accused and that the present appellant was not being tried as co-accused, that this material circumstance in relation to the confessional statement was not ..... of the co-accused can be used against the other accused under section 30 of the indian evidence act but section 30 of the indian evidence act is not a blanket provision. ..... from her statement we are unable to hold that either she was informed by anybody about the alleged act of the accused or in her presence the accused ever extended any threat to rampati or threw a challenge that he would ..... the first requirement for application of section 30 of indian evidence act that persons more than one should be tried jointly, unfortunately is not ..... he proved the memorandum prepared under section 27 indian evidence act, recovery of axe, kurta of the accused ..... any confessional statement made in the memorandum prepared under section 27 of the indian evidence act would not be admissible in evidence. ..... prepared under section 27 of the indian evidence act and at his instance blood ..... section 30 of the indian evidence act provides that when more persons than one are being tried jointly for the same offence, and a confession made by one such person affecting himself and some other of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009CriLJ1830; 2008(4)MPHT170
..... injury as was likely to cause the death and, therefore, as he had no excuse for incurring that risk, the offence must be taken to fall within fourth clause to section 300, penal code in other words the act of appellant was culpable homicide amounting to murder even if he did not intend to cause the death. ..... by the learned public prosecutor that in the present case one innocent public servant who was enjoying high position of counsellor in the medical college was ablaze by the accused in brutal manner, therefore, the act of accused would come under the purview of rarest of rare case. ..... accused often met to the deceased earlier to the incident, therefore, the deceased has not only named the accused but has also stated about the vile act of throwing kerosene and setting the fire.22. ..... the appellant has committed an act so imminently dangerous that it was in all probability likely to cause death or result in an injury that was likely to cause ..... prosecutor : 1976crilj1548 ](iv) where a dying declaration is suspicious, it should not be acted upon without corroborative evidence. ..... 138/2008 filed on behalf of appellant is hereby allowed in ..... section 32(1) of the evidence act has been scanned for several times by the supreme court and now it has become a firm law that if the dying declaration is clear, cogent and trustworthy, no corroboration of it is ..... 138/2008 assailing the impugned judgment of conviction and order of sentence passed against him in sessions trial ..... 138 of 2008 (koushal prasad jaiswal .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(4)MPHT365
..... rabindra nath chakravarti the judicial committee held that where a decree was passed upon an award made under the provisions of the indian arbitration act, 1899, an objection in the course of the execution proceeding that the decree was made without jurisdiction, since under the indian arbitration act, 1899, there is no provision for making a decree upon an award, was competent. ..... the question is what is the effect of section 11 of the suits valuation act on this position.the hon'ble supreme court in vasudev dhanjibhai modi v. ..... - in this sub-section, 'nationalised bank' means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970).explanation ii. ..... court without jurisdiction:(6) the answer to these contentions must depend on what the position in law is when a court entertains a suit or an appeal over which it has no jurisdiction, and what the effect of section 11 of the suits valuation act is on that position. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2008MP328
..... peer mohammad 1992 mplj 607, the learned single judge of this court, while dealing with the definition of ''district judge' under section 2(bb) of the indian succession act, has expressed the view that section 7 of the 1958 act makes the position clear that the additional judge to the court of district judge is the principal civil court of original jurisdiction and he is entitled to discharge 'any of the ..... all 313 (supra), the learned single judge of allahabad high court referred to the definition of the term 'court' in section 2(1)(e) and the concept of jurisdiction as has been postulated under section 42 of the 1996 act and expressed the view that a conjoint reading of sections 2(e) and 42 leaves no manner of doubt that the parliament intended to make only one court - the principal civil court of original jurisdiction or, as the case ..... a district or the court of principal judge of the city civil court of original jurisdiction in a city, as the case may be, may, from time to time, transfer any matter relating to any proceedings under this act which is pending before it, to any court of co-ordinate jurisdiction in the district or the city, as the case may be, for decision and, therefore, the picture becomes clear that the principal civil judge alone can ..... additional district judge, by order dated 4-7-2008, rejected the application preferred by the petitioner ..... 2008 (2) mpht 365, the division bench has expressed the view that a reading of provisions of the 1958 act as amended by act .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(5)MPHT374
..... authority other than the legislature amounts to abdication of the essential power of legislation; that the provisions violate article 14 of the constitution of india being arbitrary as they confer uncanalised powers in the absence of guidelines; that the act is a social welfare and beneficial legislation and hence, there is no justification to incorporate such provisions in the statute book after expiry of four and a half decades; that once a notification had been issued by the state government ..... sub-section (3) of section 1 provided that the said section and section 112 shall come into force at once and the state government may, by notification, bring all or any of the remaining provisions of the act into force in respect of any or all industries or undertakings in any industry wherein the number of employees, on any day, during twelve months preceding or on the date of the notification or on any day thereafter, was or is more than such ..... and it was found that there were hesitations on the part of the industrialists and the indian and foreign investors to invest in view of the existence of huge volume of industrial disputes under the 1960 act in the state of m.p. ..... union of india : (2008)6scc1 , while dealing with the concept of guidelines and excessive delegation without there being proper guidelines in relation to delegation of power to the union government to determine as to who shall be the backward class the apex court .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(5)MPHT343
..... in the context of the power conferred on the ombudsman by the scheme read in the light of section 35-a of the banking regulation act, it would be appropriate to understand the expression as having a foundation in law in the sense that the claim must have a foundation in law. ..... : air2000sc2957 , that the expression 'counter-claim' in sub-sections (8) to (11) of section 19 of the recovery of debts act will take in even a claim for damages based on the same transaction and would include even an independent claim (sic: which) the respondent before the debts recovery tribunal may have against the claimant ..... a similar appointee in a non-government organisation (such as a company or university). ..... an ombudsman is not defined in the banking regulation act, 1949 or in the banking ombudsman scheme, 1995 constituting him as a facilitator to bring about a satisfaction of complaint, in one of the modes referred to therein. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP110
..... in the institution cancelled only where he desires to change the course of study and accordingly refused to vacate the interim order dated 26-9-2008 but made it clear that a candidate who desires a change of course of study and in such case, reallotment may be permitted with a procedure duly approved by the committee as provided in sub-rule (6) of rule ..... the court after hearing the counsel for the petitioner and the respondents as well as the counsel for the interveners and after perusing rule 7(6) of the 2008 rules took the prima facie view that once a candidate has taken admission in an institution after counselling, he can opt for reopening of allotment after getting his previous admission ..... the view that legislative history within circumspect limits may be consulted by courts in resolving ambiguities.in recent times, therefore, on many occasions indian courts have used the aid of legislative history in resolving ambiguities in construction of statutes within circumspect limits ..... of the admission process would take a very long time, this disturbing the entire schedule and the courses will never be completed within the period as laid down by the university or aicte or the medical council of india as the course may be. ..... . according to the english traditional view, the intent of parliament which has passed the act is not to be gathered from the parliamentary history of the statute such as its original form, or the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(4)MPHT10
..... (female):(1) year 2001 unreserved & open(2) year 2002 unreserved & open(3) year 2003 unreserved & female(4) year 2004 unreserved & open(5) year 2005 unreserved & open(6) year 2006 unreserved & female(7) year 2007 unreserved & open(8) year 2008 unreserved & open(9) year 2009 unreserved & female (10) year 2010 unreserved & openunder the aforesaid provisions, therefore, there is only one scat available in orthodontics in autonomous dental college for mds course and this seat has ..... state of bombay : air 1953 bombay 311, the provision made in section 10(1)(c) of the bombay municipal boroughs act for reservation of seats for women and the rules made by government with regard to the reservation of seats for their election to the jalgaon municipality were challenged before the bombay high court as ultra vires ..... : air 1954 sc 321, section 497 of the indian penal code which provides that the offence of adultery committed by a woman would be punishable only as an abettor, was challenged as discriminatory and violative of articles 14 and 15 of the constitution, but the supreme court held that articles 14 ..... punjab university : air 2003 sc 3331, the supreme court relying upon toguru sudhakar reddy v. ..... punjab university (supra). ..... punjab university : air 1989 sc 903 that the provision in article 15(4) does not contemplate reservation of all the seats or the majority of the seats in an educational institution at the cost of the rest of the society and this principle will ..... punjab university, dr. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP84; 2009(40)PTC210(MP)
..... except where the reputation of a business and where the product of the business more than its proprietor have won widespread popularity and universal approval and except in the case of well-known patents and manufacturing processes in which event the personal and objective reputations predominate, it is the local reputation or the attribute of locality which forms the largest content ..... to be done be completed, within six months from the date of the preliminary decree and the commissioner will certify the result of the accounts and that all other acts are completed and submit the report within the period stated hereinabove for inspection of the parties and if the parties will have any objection, then after having adjudicated such objection a final ..... the indian contract act does not define the word 'goodwill' but in its legal sense the word 'goodwill' means every affirmative advantage as contrasted with negative advantage that has been acquired in carrying on the business, whether ..... trade mark; and(c) the unregistered trade mark relates to goods in respect of which the registered trade mark is assigned or transmitted.it is worth nothing that similar provisions find place in sections 38 and 39 of the trade marks act, 1999, which have been reproduced by the learned single judge.11. ..... a mark, as defined by section 2(1)(j) of the trade and merchandise marks act, 1958, includes a device, brand, heading, label, ticket, name, signature, word, letter or numerical or any combination .....
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