Judgment Search Results Home > Cases Phrase: insecticides act 1968 section 26 notification of poisoning Court: madhya pradesh Page 3 of about 55 results (0.546 seconds)

Anjani Kumar and Another Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2001(1)MPHT142

..... deceased committed suicide.10. from the evidence it is established that accused tried to outrage the modesty of the deceased but their act was serious to what extent is not established so as to make-out a case under section 306, ipc. though it is true that a woman may commit suicide if her modesty is outraged but for that degree of ..... , ipc is not sustainable. a person can abet the commission of offence in any of the three grounds set-out in section 107, ipc. in the present case the act of the accused falls in first category, i.e., instigating a person to do a thing. in such circumstances need to invoke the explanation second does not arise as ..... established. further it is proved by the deposition of ramprasad that accused had misbehaved with the deceased and tried to outrage her modesty. but the positive act and severity of their act is missing hence i am of the opinion that offence under section 306, ipc is not made-out.11. thus from the discussion aforesaid it is clear that offence under .....

Sita @ Sita Pratap Vaishya Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2008(1)MPHT92

..... suicide by the deceased was the conduct of the applicant. he got frustrated and compelled to commit suicide due to act of the applicant. as such, learned trial court committed no error in framing the charge under section 306 of the indian penal code.6. after having heard the learned counsel for the parties, i am of ..... against him. sita pratap entertained grudge because he had also got lodged a report against him under section 354 of the indian penal code. sita pratap was intimidating him that he will involve him in some case under the atrocities act. he was insulting him everywhere; therefore, he was going to close his eyes.4. police registered ..... crime no. 105/2006 against the applicant under section 306 of the indian penal code. during investigation, police recorded the statements of mohanlal vaishya, .....

Raman Singh. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

..... the deceased to her parents and near relatives prior to her death relating to the cause of her death are admissible in evidence after her death under section 32(1) of evidence act.27. as discussed above, there was also bulk of evidence that amount of rupees five thousand was settled at the time of marriage of the deceased ..... that kesar bai never talked to them.21. the main thrust of the submission of learned senior counsel for the appellant has been that the provisions of section 113-a of evidence act regarding presumption as to abetment of suicide by a married woman are not attracted to the facts of the present case, as the deceased was married ..... doubt, as it was not established that deceased kesar bai died and committed suicide within a period of seven years of her marriage, the provisions of section 113-a of the evidence act remained inapplicable in the instant case, yet as said hereinabove, there is ample evidence on record that deceased always made oral complaints to her parents and .....

Ahshan Khan Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : II(2001)DMC341; 2001(4)MPHT328; 2001(2)MPLJ383

..... regarding the presumption as to abetment of suicide committed by a married woman against the accused persons was rejected holding that the presumption arising under section 113a of the evidence act had been rightly taken into consideration by the trial court. it had to be construed as retrospective in operation.17. in the present case ..... residential homes and in secrecy, independent and direct evidence is not easy to get and that is why the legislature has by introducing sections 113a and 113b in the evidence act tried to strengthen the prosecution hands by permitting a presumption to be raised if certain foundational facts are established and the unfortunate event is ..... of burning had become irrecoverable and till she succumbed to her injuries was also up-held.16. so far as the presumption available under section 113a of the indian evidence act was concerned the contention on behalf of the accused that the aforesaid provision was brought into effect subsequent to the commission of the offence .....

Sanjiv Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 2007CriLJ2020

..... for acquittal of the appellant.12. while arguing his appeal he said that in the facts and circumstances of the case the provisions of presumption enumerated under section 113a of the evidence act was applicable to the case and the appellant was not punished with adequate and proper sentence. hence, the same is required reconsideration at this stage and ..... aforesaid depositions any cruelty on the part of the appellant towards the deceased has not be proved. thus, in the absence of it, the presumption provided under section 113a of the evidence act could not be invoked.16. now coming to the question of letters (ex. p. 1-a and ex. p. 3) as allegedly written by the ..... the statement of the deceased there was no other pointed evidence from which it could be inferred that there was any abetment so as to bring the acts of the appellant's within section 306, i.p.c. under which the appellants have been punished. the dying declaration, per se, could not involve the appellants in offence punishable .....

Gajrajsingh Prahladsingh Thakur and ors. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR1992MP93; 1993(0)MPLJ557

..... opening of a liquor shop under f.l. i licence cannot be taken to be very different from opening of shops dealing with similar products like pasticides, insecticides etc. no question of creation of nuisance or breach of public peace or tranquillity is involved in opening of such a liquor shop on the premises of which ..... to open a shopin a new locality inviting objections from the local population was not followed; that the requirement of rules for general application framed under section 62 of the act were not followed inasmuch as the proposed shop would be near a place of worship, a primary or a middle school, a hospital, a labour colony ..... of such a shop in their locality. it is contended that advisory committees have not been constituted in accordance with the provisions of section 60 of the m.p. excise act (hereinafter called 'the act') and the rules framed thereunder; that consultation with the advisory committee before opening a shop was a mandatory requirement, which has not been .....

State of Madhya Pradesh and Another Vs. Ramkishan and Others

Court : Madhya Pradesh

..... and requested for conviction of accused ramkishan and shard devi. it is contended that rajni saxena died within seven years of her marriage by consuming sulphas a kind of insecticide. 10. we have gone through the record of the learned trial court. it would be pertinent to mention here that the learned trial court relied on the letters ..... so as to bring it within the purview of 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b ipc are pressed into service. the prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in ..... supreme court expressed in case of hira lal vs. state of (govt. of nct), delhi (2003) 8 scc 80 (supra). a conjoint reading of section 113-b of the evidence act and section 304-b ipc shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. the prosecution has .....

State of M.P. Vs. Ashok and ors.

Court : Madhya Pradesh

Reported in : I(1993)DMC243

..... by the trial court.7. there is no direct evidence on the point as to how kamini happened to take insecticide-accidentally or suicidally. there is no witness on the point. the evidence on the point consists in dying declarations of kamini ex. p/7 recorded be dr. ..... ex. p/18 found pesticide in viscera (arts. b and c) and stomach contents (art. e) of deceased kamini. this evidence establishes that kamini died due to insecticide. the question however, still to be examined is whether the (kamini) look it voluntarily in order to commit suicide or whether she happened to take it inadvertently as found ..... supreme court decision cited above, such earlier statements made by wife in the eventuality as aforesaid would not be admissible as dying declaration under sub-section 1 of section 32 of the evidence act, 1872. it is primarily for the executive to consider whether any amendment in law in necessary to make such statements regarding cruelty and torture .....

Suresh Narayan and ors. Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2003CriLJ4731; 2003(4)MPHT178

..... before the trial court because the prosecution was filed after the lapse of long time and accused deprived of valuable right to get sample re-analised from central insecticide laboratory which has prejudiced the case of the accused. the same is the factual and legal situation available in the present case. therefore, in the opinion of ..... been available the same could not be in a fit condition for further examination by central food laboratory and accused has a right to apply under section 13(2) of the act after institution of prosecution by the respondents and because of delay in institution of complaint, valuable right of the petitioners has been infringed. thus, ..... the proceedings at the threshold. according to him, the petitioners were knowing this fact that the sample was not available. therefore, filed an application under section 13(2) of the act.6. having heard the learned counsel for parties and having regard to the fact and legal position involved in the present case, this court is .....

Kilpest Private Ltd. Vs. Shekhar Mehra

Court : Madhya Pradesh

Reported in : [1987]62CompCas717(MP); 1985MPLJ160

..... was raised to rs. 5,00,000. 5. the company has multifarious objects, such as : (a) to manufacture, import, export, buy, sell or otherwise deal in pesticides, insecticides, medicinal and toilet goods, etc. ; (b) to carry on all or any of the business of manufacturers, importers, exporters, stockists, distributors, wholesale and retail dealers and suppliers ..... learned counsel, appearing for the appellants, submitted that the petition as filed is prima facie not maintainable for the reason that the provisions of section 399 of the companies act have not been complied with inasmuch as one-tenth of the issued share capital shareholders of the company have not given their consent to file ..... appeal shall also dispose of company appeal no. 2 of 1984 (kilpest private ltd, v. shekhar mehra). 2. this is an appeal preferred under section 483 of the companies act, 1956, by the company, the managing director and the director of the company against an order dated august 6, 1984, passed by the learned .....