Court : Madhya Pradesh Jabalpur
Decided on : Oct-11-2010
..... also confirmed by dehati nalishi ex.p-1, which was immediately lodged by the complainant to the concerned head constable, and therefore, these witnesses are reliable and the act of the appellant-accused is proved.15. on the other hand, learned counsel for the appellant-accused has submitted that dehati nalishi was not at all an fir in ..... be presumed of causing death of the complainant, and therefore, it can safely be said that offence under section 307 of ipc is not made out. the overt-act of the assailant at the most may constitute an offence under section 324 of ipc.13. for assessing the testimony of the complainant, entire evidence may be considered. ..... by the parties, the learned special judge, chhattarpur acquitted the appellant-accused for commission of offence under sections 25/27 of the arms act and section 3 (2) (v) of sc/st (prevention of atrocities) act, 1989, but convicted him for commission of offence under section 307 of ipc and inflicted the aforesaid sentence.7. i have heard .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Oct-13-2010
..... petitioners have neither pleaded any factual nor any legal ground to assail the validity of section 35 (13) of the act. thus, in absence of any foundation in the pleadings with regard to challenge to section 35 (13) of the 1955 act, vires of the provision cannot be examined. the only contention which has been raised on behalf of the petitioners ..... both sides. before adverting to the submissions it would be apt to have a glance of the relevant provisions of both the acts, i.e., 1955 act and 1959 act. the state bank of india act, 1955 is an act to constitute a state bank of india to transfer to it the undertaking of the imperial bank of india and to provide for ..... with regard to interpretation of section 35(13) of the 1955 act is that since the respondent no.2 is a subsidiary .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Jul-22-2010
..... not make any misleading claim and adequate publicity shall be given that such institutions are not recognized. there is prohibition carved out under the aforesaid act, that the petitioners institution or the like institutions shall not award any degree in the courses conducted by them till the legislative enactments are ..... diploma or certificate of medical education of such institution without obtaining prior permission in writing of the state government, in accordance with the provisions of this act. section 3 is quoted below:- 3. restriction on establishing, administration and advertisement of institution of medical education without permission.- subject to the provisions of ..... award any degree in the course conducted by them till the legislative enactments are put in force and in case enactments are in force, they shall act in accordance with the provisions contained thereunder. the following directions were issued by the division bench of this court :- (1) the central/state government .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Sep-30-2010
..... affiliation was given on 18.11.2008 but, a significant one, the college had admitted the students between 3.7.2008 to 7.7.2008. if the ncte act, 1993 and the national council for teacher education (recognition norms and procedures) regulations, 2007 especially regulation 8 (12) are appositely appreciated, there can be no iota of ..... affiliation was given on 18.11.2008 but a significant one, the college had admitted the students between 3.7.2008 to 7.7.2008. if the ncte act, 1993 and the national council for teacher education (recognition norms and procedures ) regulations, 2007 especially regulation 8(12) are appositely appreciated there can be no iota of ..... the petitioner college submitted list of 50 students admitted against b.p.ed. course and deposited the enrollment fees and other fees before the university on the foundation that students who had taken admission in the college had prosecuted studies for the requisite teaching days and hence they were entitled to appear in the examination. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Oct-13-2010
..... into existence w.e.f. 13th january, 2006. the said company has been incorporated as fully owned government company with limited liability by shares under the companies act, 1956, with its registered and corporate office in new delhi. by another office memorandum (annexure p/2) of even date existing and subsisting contract and agreement ..... insurance company association pool, bombay vs. smt. radhabai, air 1976 mp 164 while considering the question of liability of the state in respect of the tortuous acts of the servants of the state where the plea of immunity based on employment referable to sovereign functions is raised observed in paragraph 12 by relying on corporation ..... . the respondent no.2 is a company owned by the government of india and is a government company within the meaning of section 617 of the companies act, 1956. thus, parts of functions of aforesaid nine industrial units have been delegated to a government company with a view to improve efficiency and productivity. learned .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Oct-14-2010
..... contra, submit that the petitioner on being elected as president had committed several irregularities and illegalities and also grossly violated the provisions of section 51 of the act which conferred responsibility upon the petitioner to supervise the administration and the financial work of the municipality and in such circumstances it was not in the interest ..... the petitioner responsible of making payments issuing tender notices and making payments stating that the petitioner has throughout only stated in his defence that the aforesaid acts have not been done by him nor were part of his responsibility or duties but in fact were done by the authorities of the council specifically ..... the petitioner.15. in the case of sharda kailash mittal (supra) the supreme court, while considering the import and impact of provisions of section 41a of the act has held in paragraphs 15, 16, 17, 18 and 19 as under :-"15. the analysis of these materials, particularly, the background shows that the state .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Oct-06-2010
..... these circumstances, the second question is also answered against the applicant-assessee and in favour of the revenue."6. in misc.civil case no.668/1993 which was decided by the order dated 16.7.1996, the question of law referred to this court were as under:"whether, on the facts and ..... amounts received from the directors and shareholders of the company were in the nature of 'deposits' within the meaning of 40a(8) of the income tax act and that the judgment of the m.p. high court in the case of kalani asbestos pvt. ltd., reported in (1989) 180 itr 55 was ..... same question was referred by the tribunal in the case of assessee itself which was considered by the division bench of this court in mcc 668/1993 by an order dated 16.7.1996 the question was decided thus; "4. the facts relating to the second question are that the assessee was ..... 1. it is a reference under section 256(1) of income tax act, 1961 by the income tax appellate tribunal, indore bench,indore in r.a no.115 indore/1994 by which the .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Jul-09-2010
..... acres of land wherein the market value of the property was assessed at rs.2. lac per acres. the court below vide its order dated 26.8.1993 adjourned the auction proceedings on the found that the highest bidder of the property, namely, shri ramgopal did not appear to be bona fide purchaser and accordingly ..... practitioners who had taken reasonable care to ascertain the true legal position. in support of this contention, reliance is laced upon mariambai v. hanifabai. that the appellant acted under the advice of legal practitioners is clear from the two affidavits filed in the case, one of them being from an advocate, shri khakad. the question was ..... period of limitation has expired. thus, there is no question that the proceedings were commenced before the limitation expired. therefore, the benefit of section 14 of the act shall not be available. that apart, when this court while dismissing the revision ultimately held that the civil revision is not maintainable as the remedy was available under .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Jul-07-2010
..... the services proposed by industrial establishment. the municipal council stood established more than a decade before insertion of article 243(q) w.e.f. 1.6.1993 and it is not the case of the petitioner that area in question has been declared to be industrial township. the constitution of municipal councils pasan and ..... of notified area and constitution of municipal council and formation of wards, we reject the aforesaid submissions. though municipal council may not have erected the boundary marks, acting as per mandate of section 17 but that does not advance the case of the petitioner in the instant case. beyond pale of doubt, it is established ..... marks showing the boundary in the area of pasan. the municipality is demanding consolidated tax chargeable under section 127 (c ), (d) and (e) of the municipalities act. the coal mines is governed by various enactments. the entire jurisdiction for development, regulation of coal mines vest with the central government and in the government company. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Dec-15-2010
..... health officer or incharge, chief medical & health officer, hoshangabad at the relevant time, therefore explanation given by the controller, khadya avam aushadhi prasashan vide memo dated 11/3/1993 cannot be accepted. since dr. r.m. dagawkar was not appointed as the district chief medical & health officer or incharge, district chief medical & health officer, hoshangabad ..... to grant sanction of the prosecution within the district.8. in the present case, the controller, khadya avam aushadhi prasashan had sent an explanation letter dated 11/3/1993 ex.p-24 to show that since dr. r.k. laad, chief medical & health officer was transferred to khandwa, his charge was given to dr. ..... against the judgment dated 20.12.1993 passed by the chief judicial magistrate, hoshangabad in criminal case no.774/1990 by which the respondent was acquitted from the charge under section 17 (1) read with section 16(1)(a) (i) of prevention of food adulteration act, 1954 (for short the "act, 1954").2. prosecution case, in .....
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