Court : Madhya Pradesh
Reported in : 2000(2)MPHT193
..... 64. before concluding we may make it clear that so far as ground in common urged to challenge the provisions of reservations under the municipal corporation act, the municipalities act and of panchayat act are concerned, including in relation to the alleged flat rate of reservation at 25% for other backward classes, we have expressed our opinion with ..... conditions have to be improved to educate them in the local government, a step towards an effort to achieve their assimilation in the normal stream of democratic life at par with the advanced and the forward sections of the society justifies such classification. in the scheduled areas in reality if an aboriginal has to ..... members of the advanced sections of the society towards castes and tribes continues to be more of competition than compassion. the reservation in various walks of life made in their favour for the last 50 years of the independence has not been successful in improving their socio-economic condition and have not made them .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(4)MPHT387
..... question of law :--'whether, in the facts and circumstances of the case, the mandatory provisions contained in section 80 (5) of the m.p. municipal corporation act, 1956 gives jurisdiction to the state govt. to reject the tender offered by the plaintiff and to order fresh auction ?'8. section 80of the municipal ..... corporation act, 1956 (henceforth 'the act') reads as follows :--'80. provisions governing the disposal of municipal property vesting in or under the management of corporation.-- (1) nostreets, nazul lands public places, drains or irrigation channels shall be sold, leased or otherwise ..... there was any violation of any of the provisions of sub-section (1), (2), (3) or (4) of section 80of the act; or of any bye-law framed by the municipal corporation. it is not disputed that the auction in favour of the respondent no. 1 was validly done but it had to be cancelled subsequently on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT39
..... case at final stage.29. offence of rape is the most inhuman insult inflicted over womanhood. it brings mental agony, social disrepute and leaves scar for the life to its victim. learned counsel for the appellant submitted that police officer has same passion and cannot be treated at different footing. the submission lacks merits. ..... legislature has imposed higher duty on him under police act and police regulations framed under article 309 of the constitution of india. he has further tarnished and spoiled image of police. submission overlooks that police is ..... ability of accused they may be asked to pay in equal terms unless their capacity to pay varies considerably. the payment may also vary depending upon the acts of each accused. reasonable period for payment of compensation, if necessary by installments may also be given. the court may enforce the order by imposing sentence .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT360
..... for going towards daupara mungeli booking office for getting ticket. at that time, the bus bearing no. m.k.h. 7551 belonging to the respondent m.p. state road transport corporation driven by raghuraj singh, driver in a rash and negligent manner struck against the deceased ram kumar. as a result, ram kumar died on the spot. the matter was reported .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2001MP23; 2001(2)MPHT274
..... , if the command to do the thing in a particular manner did not imply a prohibition to do it in any other. similarly, in m.p. state road transport corporation, jabalpur v. jahiram and another (1968 mplj 828j, referring to nazir ahmed v. king emperor (air 1936 p.c. 253) and uttar pradesh state v. sinhara singh ..... naw 1) further states that, therefore, he brought the respondent no. 2 and her minor daughter palak with him. dharamchand (naw 1) further states that considering the future life that lay ahead, he persuaded the respondent no. 2 to remarry. he has further stated that the minor is living with him. she is being properly educated and looked ..... appointed as guardians and instead he (respondent no. 1) be appointed as the guardian of the minor.14. obviously, as noticed earlier, under section 17 of the 'act', the district court after consideration of the various circumstances enumerated therein was required to pass an order regarding the appointment of guardian. in doing so, the claim and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT331
..... has tried to treat the woman as a commodity of sexual pleasure. it is a case where the prosecutrix who was young, had suffered a permanent scar for her entire life, from which she would not be able to come out. the offence of rape even destroyed the very personality of a girl of tender age. incident took place in the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(128)ELT330(MP)
..... by the appellants/union of india was baseless and arbitrary. the learned counsel has also placed reliance on the decision rendered in the case of whirlpool corporation v. registrar of trade marks, mumbai and ors., air 1999 sc 22. the learned senior counsel has submitted that the decision quoted in the case ..... consent, directly or indirectly own, manage, operate, join have an interest in, control or participate in the ownership connected in any manner with, any body corporate, partnership, proprietorship, trust estate, association or other business entity which directly or indirectly engages as a commercial activity in india. the agreement further stipulates pghp ..... assessment under andhra pradesh general sales act should be tested under the relevant act and the assessee should not be allowed to file application under section 20 of the act seeking revision of assessment orders passed by the original authority. in the case of shyam kishore v. municipal corporation of delhi, air :.992 sc .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT175
..... no. 89/91 whereby the appellants were convicted for offences under sections 302/34, 324/34 and 323 read with section 34 i.p.c. and sentenced to life imprisonment and to pay fine of rs. 3,000/-, in default of payment of fine 3 years r.i. each under section 302/34, ipc and to pay ..... which chandersingh (p.w. 2), surajsingh, amarsingh, balusingh and the accused persons roopsingh and suratsingh sustained injuries. under these circumstances, each accused is responsible for his own act.19. now the question is as to what offence was made out against narayansingh. from the evidence of chandersingh it is clear that narayansingh gave only one farsi-blow ..... free fight between complainant party and the accused party and where free fight takes place, accused can be convicted for his individual acts only and not on the basis of constructive criminal liability for the acts of others. the learned trial judge minutely examined the prosecution evidence and concluded that it was not proved that there was unlawful .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT151
..... mishra, learned counsel for the non-applicant that the non-applicant though is a teacher in municipal corporation, nagpur, he will be covered within the ambit of section 23-j of the act inasmuch as a municipal corporation is a statutory corporation. in support of his contention he has placed reliance on the division bench decision of this court ..... definition of the term 'landlord' as defined under section 23-j of the m.p. accommodation control act, 1961. on a perusal of the aforesaid decision it is plain as noon day that the municipality or municipal corporation is a local authority and an independent entity separate from government and by no stretch of imagination it ..... non-applicant is not a landlord as defined under section 23-j of the act and, therefore, the application under section 23-a of the act is not maintainable. his further submission is that the non-applicant is a teacher in the nagpur municipal corporation and, therefore, he is not covered in the category as mentioned under .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001(5)MPHT15
..... the petitioners and shri v.k. tankha, advocate general with shri s.k. seth, dy. a.g. for the state government. m.p. state road transport corporation has intervened in the matter represented by shri ravindra shrivastava, advocate with shri prem francis, advocate.11. the submission raised by the learned counsel for the petitioners before ..... by the state government, produce-- (a) the certificate of registration;(b) the token in evidence of the payment of tax ; and(c) the certificate of insurance relating to the use of the vehicle and shall keep such vehicle stationary for such time as may be required by such authority or officer to satisfy himself ..... to be adjudication for confiscation, which is provided, by an order of magistrate as apparent, from the conjoint reading of sections 39, 50 and 51 of wild life protection act. thus, the case of madhukar rao (supra) is totally distinguishable. it is true that merely by seizure property cannot stand automatically forfeited to state government. there .....
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