Court : Madhya Pradesh
Reported in : 1990(0)MPLJ480
..... because the plaintiff must have extra strength for piercing into the umbrella of shelter taken by the defendant under section 52 of the transfer of property act. whether the plaintiff has reasonable prospects of obtaining permanent injunction at the end of the suit and how the plaintiff would suffer irreparable injury in spite ..... . extra care and caution has to be adopted by the court to see that the plaintiff does not intend to achieve something else or is not acting with the ulterior motive in the garb of seeking a temporary injunction. people do not ordinarily alienate their property but for reasons. a temporary injunction granted ..... , 13 sutherland's weekly reporter (civil rulings) 60, wherein the court exercising the power of issuing injunctions and appointing receiver pendente lite has been cautioned to act most cautiously. paramount consideration is to see whether the property in the suit required to be retained in existing condition and the attempted alienation, if not restrained, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004CriLJ412; 2003(4)MPHT288; 2003(3)MPLJ495
..... judicial magistrate, indore, in criminal case no. 7060/86 for the alleged offence punishable under section 7(1)/16 of the prevention of food adulteration act (for short 'the act').2. the learned counsel for petitioners have submitted that on29-4-1986, the food inspector purchased sample of dalda refined groundnutoil from the petitioners. the food ..... that after receiving intimation about the prosecution the petitioners appeared before the court on 25-7-1986 and filed an application under section 13(2) of the act for sending sample which was kept with the local health authority for analysis by central food laboratory. the learned magistrate was pleased to send the sample to ..... to the reliability or genuineness or otherwise of the allegations made in the complaint. the inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.'11. in view of the aforesaid factual and legal analysis, this court is of the opinion that the petition for quashing .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003CriLJ4022; 2002(4)MPHT174; 2003(2)MPLJ109
..... under sections 15, 17, 18, 20, 21, 22 and 23 as provided therein. the benefit of the rationalisation of the sentence structure, by virtue of section 41 of the amendment act, has been extended not only to those cases wherein the offences have been committed from 2-10-2001 onwards, that is, the date on which this amendment came into force ..... . cd. tiwari (p.w. 5) has further deposed that he sen! the report of the search and seizure to s.d.o. (police) as required by section 57 of the act. that is ex. p-20, thus the requirements of statutory provisions were fully observed. the conviction of the appellant for the aforesaid offence is unassailable.5. the impugned judgment is ..... mahesh chandra nagar there. he apprised him of his right to be searched in the presence of a magistrate or a gazetted officer as provided in section 50 of the act. he prepared a panchnama for that purpose and that is ex. p-12. the accused opted to be searched by him. that is recorded in the panchnama ex. p-12 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999CriLJ3105
..... on record. this submission also deserves to be rejected and is rejected.5. the third submission was that compliance of rule 9 of the rules under the act was not done. rule 9 contains the duties of the food inspector which will not vitiate the proceedings. in case the food inspector has breached in complying ..... inspector, supported the case and according to him he was interested witness.(c) learned counsel submitted that as required under rule 9 of the rules framed under the act food inspector failed to discharge his duty.in support of the first submission the learned counsel made two fold arguments. firstly, within twenty-four hours after taking of ..... class, gadarwara on 6-10-90 holding the applicant guilty for the commission of the offence punishable under section 16(1)(a)(i) of the prevention of food adulteration act, 1954 and was sentenced to six months' rigorous imprisonment together with fine rs. 1000/-.2. learned counsel for the applicant made the following submissions:(a) in this .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(2)MPHT217
S.L. Kochar J.1. The appellant has preferred this appeal against the judgment dated 13th April, 1998 rendered in Sessions Trial No. 31/98 by the learned Additional Sessions Judge, West Nimar, Sendhwa, thereby finding the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code, convicted and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 1,000/-. In default of payment of fine the appellant is directed to suffer R.I. for one year.2. The brief history of the prosecution case is that on 22-11-97 at about 3.00 P.M. in Village Mandvi, the appellant assaulted his wife Junabai by axe on a money dispute. She was completely beheaded. At that time she was carrying pregnancy. The incident was witnessed by the mother of the appellant namely Jaidabai (P.W. 1). In the noon at about 3.00 P.M. she overheard the shouts of appellant Devisingh and his wife Junabai. She woke up and reached over there and saw that appellant was assaulting Junabai by an a...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ452
R.D. Shukla, J.1. The appeal is directed against the Judgment and Order dated 29-4-1989 of Vth Additional Sessions Judge, Ujjain, passed in Sessions Trial No. 94/87. whereby the accused-appellant has been convicted under Section 302, Indian Penal Code for having committed murder of his wife Sushilabai on 29-1-1987 by setting her to fire in his residential place, Rishi Nagar, Ujjain and sentenced to imprisonment for life.2. This is not in dispute that Sushilabai d/o Ramnathsingh was married to accused, 12 to 14 years prior to the incident. Both of them were residing together at Rishi Nagar, Ujjain. Five children were born out of the wedlock. Three children were living along with them and the two children were living with their grand-parents. Sushilabai was admitted with serious burn injuries in Ujjain hospital and, thereafter, she died on the intervening night of 3rd and 4th February, 1987.3. The prosecution story, in brief, is that the accused and his wife Sushilabai (deceased) were ha...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(5)MPHT559; 2003(2)MPLJ120
..... submits that on account of the samples being in a condition, not fit for carrying out tests/analysis, the certificate envisaged under the provisions of section 13(3) of the act to be issued by the central food laboratory in terms of the said provision could not be issued and, thus, an important right of the applicant thereunder read with section ..... the central food laboratory, on account of samples being in a condition, not fit for analysis, neither a valuable right of the applicant under sub-section 13(2) of the act could be exercised nor could the provisions of the sub-section 13(3) come into play.6. smt. chanchal sharma, learned panel lawyer, appearing on behalf of the state ..... it is a case of no evidence and therefore, it would be a futile exercise to allow the trial for the charges under section 7/16/16(i) of the act, to continue. accordingly, the said charges not being supported by necessary materials would lead to a trial in void. hence the charges in question are hereby quashed and the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(4)MPLJ176
..... of the document had not become admissible but only the formal proof of the said document was dispensed with and, therefore, the opinion of the doctor cannot be relied and acted upon by the prosecution unless the same is proved by examining the expert who had tendered the said opinion in the manner prescribed by section 45 of the evidence ..... act. in this connection, reference has been made to a division bench decision of this high court in nahadariya v. state of madhya pradesh 1980 jlj 501. learned dy. advocate general .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(3)MPLJ385
..... mistake in holding that appellant is also guilty along with main accused for the offence punishable under sections 8, 18(c) read with section 29 of the ndps act, so the conviction recorded against the appellant is well founded.7. however, on the question of sentence appellant deserves some leniency. it is apparent from ..... search. thereafter they were also informed regarding their right for being searched before some magistrate or gazetted officer. after obtaining their consent under section 50 of the ndps act for taking search in presence of gazetted officer, narayan singh dhruv p.w. 5 they were searched. these witnesses also deposed that on search co-accused ..... spot itself. thereafter appellant and co-accused-om prakash were arrested by the checking party, report of the incident under the provisions of section 57 of the ndps act was made by dy. narcotics commissioner, neemuch along with the both accused persons and the seized articles. one sample was sent for examination to government opium .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2006(110)FLR400]; 2006(2)MPLJ7491
..... receiving evidence on affidavit, issuing commissions for the examination of witnesses and further that provisions of sub-section (3-a) of section 7a of the act does not absolve the officers conducting the inquiry of the responsibility of making determination of money due from the employer to the employees.6. we have ..... passed. the petitioner initially appeared in the said proceedings and contended that his establishment was not covered under the act inasmuch as the number of employees working in the establishment were less than 20. when after appearing on several dates the petitioner did not appear ..... a motor workshop styled 'tiwari motors' at bhind road, gwalior. a proceeding under section 7a of the employees' provident funds and miscellaneous provisions act, 1952 (for short 'the act') was initiated by the assistant commissioner, employees' provident funds organisation, gwalior against the petitioner and in the said proceedings an order for inquiry was .....
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