Court : Madhya Pradesh
..... special judge after considering the evidence adduced by the parties, acquitted the appellants from the charge of offence under section 3(2)(v) of the sc/st (prevention of atrocities) act but convicted them for the offence under sections 376(2) and 506 part-ii of the ipc and sentenced as mentioned above. 5. i have heard the learned counsel for ..... 1. the appellant has preferred the present appeal against the judgment dated 9.3.1998 passed by the special judge under sc/st (prevention of atrocities) act in special case no.63/97, whereby each of the appellant has been convicted of offence under sections 376(2) and 506-ii of the ipc and sentenced to ten .....
Tag this Judgment!Court : Madhya Pradesh
..... to cruelty or harassment by her husband or any relative of her husband in connection with any demand for dowry as also the presumption under section 113-b indian evidence act are fully established the case of prosecution". 12. in the present case after going through the police statements it cannot be denied that there was no definite evidence of ill ..... for ill treatment for dowry does not seem to be without any basis. at this moment presumption as to abetment of suicide to the deceased under section 113 of evidence act could not be ruled out. besides, at the stage of framing of charge the court is not to hold an elaborate enquiry. only primafacie case is to be seen. in .....
Tag this Judgment!Court : Madhya Pradesh
..... his pocket which he suddenly brought out and stabbed the deceased. 9. section 34 has been enacted on the principle of joint liability in the commission of a criminal act. the section is only a rule of evidence and does not create a substantive offence. the distinctive feature of the section is the element of participation in action. the ..... of section 34 the essence of the liability is to be found in the existence of a common intention animating the accused leading to the commission of a criminal act in furtherance of such intention. as a result of the application of principles enunciated in section 34, when an accused is convicted under section 302 read with section 34 ..... some knowledge that the accused lakhan would inflict some injury on the deceased could not be ruled out. such common intention can be formed even during the commission of the act. as such, so far as the accused virendra is concerned, looking to the injury caused, he can be held guilty under section 304 part ii ipc. 20. .....
Tag this Judgment!Court : Madhya Pradesh
..... healthy competition amongst the applicants aspiring for stage carriage permits; (vii) the impugned notice and the stipulations as contained therein besides being contrary to the act of 1988 and the judgment of hon'ble apex court in the case of mithilesh garg (supra), even otherwise is totally arbitrary and only to defeat ..... for consideration of applications for grant of permit. the petitioner in the rejoinder-affidavit has specifically stated that the aforesaid handmade procedure has never been acted upon earlier during the meetings scheduled from the years 1997 upto 15/10/2014 as applications submitted on the date of consideration have been duly considered ..... aforesaid submission made in the rejoinder-affidavit has not been controverted by the respondents/state. respondents have not been able to refer to any provisions of act of 1988 or the rules framed thereunder contrary to that. hence, the aforesaid procedure adopted by the respondent/state in the meeting scheduled for consideration .....
Tag this Judgment!Court : Madhya Pradesh
..... to the incident. bhagwati, ramesh and munna @ dhaniram have accepted that they did not hear anything against the appellant that the appellant inflicted any cruelty with some reason and the act of cruelty committed on the day of incident was not proved beyond doubt, and therefore when there is no evidence against the appellant relating to cruelty towards manisha within two ..... the case of "rasheed beg vs. state of madhya pradesh", (air 1974 sc 332) it is held that if the dying declaration recorded under suspicious circumstances, then it cannot be acted upon without corroborative evidence. 13. in the light of the aforesaid judgments of hon'ble the apex court it is to be seen whether the dying declaration recorded by the .....
Tag this Judgment!Court : Madhya Pradesh
..... the so-called suicide note which could be suggested as abetment to commit suicide in fact, there is no nexus between the so-called suicide and any of the alleged acts on the part of the appellant in so far as section 294 (b), i.p.c. is concerned, no single word could be found in the fir., or ..... is sufficient grounds for proceeding against the accused. (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceedings is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned ..... act, providing efficacious redress for the grievance of the aggrieved party. (7) where a criminal proceeding is manifestly attended with malafide and/or where the proceeding is maliciously .....
Tag this Judgment!Court : Madhya Pradesh
..... ) absence of any specific allegation and prima facie case against co-accused proceedings quashed by supreme court itself penal coe, 1860 ss. 498-a, 323, 504 and 506 dowry prohibition act, 1961, ss. 3 and 4. besides the allegations of demand of dowry, it is also alleged in the police statement that on 10.10.2013 along with the other accused .....
Tag this Judgment!Court : Madhya Pradesh
..... evidence, two things have to satisfy- 1. that original document is admissible in evidence. 2. that one of the condition enumerated in section 65 of the evidence act entitling to secondary evidence has been established. secondary evidence by document can be given if failure to produce the original document is supported by proper reasons. but in ..... there is no definite evidence of ill-treatment, having immediate proximity date of death of deceased. 13. as to presumption under section 113-b of evidence act the hon'ble supreme court has stated that proximate test applies and expression soon before the death occurring in this section does not indicate any fixed period. but ..... 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 .....
Tag this Judgment!Court : Madhya Pradesh
..... together (fraus et jus nunquam cohabitant); or fraud and deceit ought to benefit none (fraus et dolus nemini patrocinari debent). 26. fraud may be defined as an act of deliberate deception with the design of securing some unfair or undeserved benefit by taking undue advantage of another. in lfaud one gains at the loss of another. ..... is obtained by fraud, it cannot be said to be a judgment or order in law. before three centuries, chief justice edward coke proclaimed: "fraud avoids all judicial acts, ecclesiastical or temporal." 22. it is thus settled proposition of law that a judgment, decree or order obtained by playing fraud on the court, tribunal or authority ..... and conditions that right of ownership was granted in favour of the respondent. in accordance with the provision of section 312 chapter xi of the m.p. municipalities act, 1961 the compromise can only be entered with the permission by the municipal council. no such permission was taken by the president and cmo of nagar panchayat .....
Tag this Judgment!Court : Madhya Pradesh
..... was led with reference to and in the context to the existence of the 'will' by the plaintiff. 6. for a valid 'will' in terms of section 63 of succession act (39 of 1925), it is to be attested by two witnesses. further, to prove factum of execution of 'will', in terms of section 68 of the evidence ..... act, it is to be proved at least by one of the attesting witnesses. 7. section 3 of the transfer of property act defines the word "attested" and the meaning of the definition clause is well explained by the hon'ble apex court .....
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