Court : Madhya Pradesh
Reported in : AIR1976MP194
..... 1968 whereby daryao singh and his two minor sons claimed specific performance of the alleged agreement dated 1-10-1964, ex. p-5, entered into by ganesh singh, purporting to act as guardian of his minor son sunder singh, and mst. mathura bai, and decreed civil suit no. 12-a of 1965 brought by barelal and ramratan declaring that they were ..... the time of execution of these documents, both daryao singh and ganesh singh considered that sunder singh and mst. mathura bai were the real owners, and that ganesh singh could act only on their behalf, and not in his own right. the alleged agreement, ex. p-5, executed by genesh singh also amounts to an admission by him that, in fact ..... also uphold the finding of the learned additional district judge that since ganesh singh was not the real owner, and inasmuch as there was no lawful authority in him to act on behalf of sunder singh and mst. mathura bai, the agreement dated 1-10-1964, ex. p-5, executed by ganesh singh on behalf of sunder singh as his .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1990MPLJ699
..... of reorganisation and transfer commenced immediately after 25th june, 1989 and the transfer of petitioner no. 2 incidentally coincided with close approximity with the alleged act of mass casual leave at the behest of the petitioner association and this led to the alleged misunderstanding of victimisation.20. the respondents have denied, supported ..... division and, therefore, his transfer to productivity and suggestion scheme department within a year is not in public interest but without any justification and an act of victimisation simply to put the petitioner no. 2 in an insignificant side line department.19. we have already discussed and found that no case ..... a direction to quash the same.2. the bharat heavy electricals limited, a public sector government of india undertaking, is a company registered under the companies act, 1956, having its registered headquarter at new delhi. it was established in 1956 and at present it is the largest engineering and manufacturing enterprise of its .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1991(0)MPLJ386
..... of executive/administrative directions, it is his prayer for quashing of such administrative directions and administrative directions cannot be allowed to violate fundamental rights. if an authority acts in an arbitrary manner, its action would be bad in law and liable to be quashed.40. for the foregoing reasons, this petition deserves to be allowed ..... i. v. fluids simply because it could manage to hire such machines on loan licence basis from another tenderer, judged by minimal standards of fairness, does this act of the respondents, though farthest exterior line of fairness, let alone stand its test?13. i. v. fluids for transfusion are generally used in emergencies. they ..... with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largess, the government cannot act arbitrarily at its sweet will and, like a private individual, deal with any person it pleases, but its action must be in conformity with standard or norm .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ40
..... to discharge the accused.4) that in exercising his jurisdiction under section 227 of the code the judge which under the present code is a senior and experienced court cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case the total effect of the evidence and the ..... be deemed to have caused her death.explanation :- for the purposes of this sub-section 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961.(2) whoever commit dowry death shall be punished with impriso- nment for a term which shall not be less than seven years but which may extend to imprisonment for ..... mahr in the case of persons to whom the muslim personal law (shariat) applies.'12. the presumption as to dowry death can be drawn under section 113b of the eidence act. that provision reads as under:-'113-b. presumption as to dowry death. - when the question is whether a person has committed the dowry death of a woman and it .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1999]96CompCas66(MP)
..... be permitted to take each and every sort of objections against sanction of the scheme of amalgamation. the relevant second proviso of section 394{1) of the companies act is reproduced hereinbelow :'394. provisions for facilitating reconstruction and amalgamation of companies.- . . .(2) provided further that no order for the dissolution of any transferor-company ..... their business prejudicial to the interest of the transferor-company. his contention is that the official liquidator has not been able to point out a single act of the directors or any officers concerned with the affairs of the petitioner transferor-company that they had conducted business prejudicial to the interest of the ..... pending. this construction seems to be a reasonable and harmonious construction without doing any violence to the language of the scheme, object or purpose of the act under the provisions of section 394(1)(iv). it has also been held that under the second proviso, the report of the official liquidator is not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000CriLJ794
..... phoolchand is the neighbour of the husband of the deceased. he does not say anything about the cruel treatment.13. pw-4 chaituram is the father of the deceased geeta bal. in paragraph 2 he had stated that the deceased was not in a position to talk to anybody and she breathed her last in d.k. hospital. in paragraph ..... the conviction is bad on facts and in law.4. shri deepak okdhe learned counsel for the state placing his strong reliance upon section 113a of the indian evidence act and section 107 and explanation 2 of the indian penal code submits that the prosecution was successful in proving the commission of the offence. he submits that the appeal deserves ..... come within the mischief of 'intentional aid.' it is not the prosecution case that the wife wanted to commit suicide and the accused facilitated her for committing the said act.7. a presumption can be raised under section 113a where the death takes place within 7 years from the date of her marriage and the prosecution proves that the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(1)MPHT318; 2000(2)MPLJ414
..... ', in any case it was not 'voluntary', as discussed hereinabove. the confession in the instant case has been retracted as such it can not be acted upon until substantially corroborated by independent circumstances general corroboration has to be sought from the surrounding circumstances as per the test laid down by hon'ble the supreme ..... the result of inducement, threat or promise envisaged under section 24 or was brought about in suspicious circumstances to circumvent sections 25 and 26 of the evidence act. the court has to look into the surrounding circumstances and to find whether the extra judicial confession is not inspired by any improper or collateral consideration ..... reason or motive for confession and person selected in whom confidence is reposed.'in deciding whether the confession attracts the provision of section 24 of the evidence act, the question has to be considered from the point of time of the confession made by the accused/appellant when the threat of life and promise .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000CriLJ3253; 2000(3)MPHT67; 2000(2)MPLJ579
..... decisions of bombay high court in case of supadi lukadu (supra) and of allahabad high court in emperor v. mst. dhirajia (supra), it was observed that where an act of the accused in jumping into the well with her children was clearly one done by her knowing that it must in all probability cause the death of her children ..... footing. some degree of knowledge must be attributed to every sane person. obviously the degree of knowledge which any particular person can be assumed to possess must vary. the act done with knowledge of consequences is not prima facie a murder, it becomes murder only in absence of excuse. ill-treated wife leaving home without knowledge of her husband and ..... before us that where the learned trial court had found that the appellant jumped in the well due to her intolerable pain, it failed to appreciate the fact that the act of the appellant was lacking any intention to cause death of her girl child. in the circumstances, the offence under section 302, i.p.c. is not proved .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001CriLJ189; 2001(2)MPHT69; 2000(3)MPLJ471
..... 36. in totality of the case, for the reasons discussed above, in our opinion, the appreciation of evidence by the trial court was wholly not appropriate and it has acted with material irregularity and had taken into consideration inconsequential circumstances to record acquittal of the accused.in totality of the case, therefore, the judgment of the trial court is based ..... the accused in crime no. 305/80 of p.s. civil lines, morena, under sections 399, 400 and 402, ipc and under sections 25 and 27 of the arms act. this aspect though not proved by evidence of any police officer, however, the court is bound to take judicial notice of it, goes to prove the fact that the ..... be templed to such conduct to avoid arrest. in another case of matru v. state of u.p.,reported in air 1971 sc 1050, it was observed that the act of absconding is no doubt relevant piece of evidence to be considered along with other evidence but its value would always depend on the circumstances of each case. generally the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2001)DMC341; 2001(4)MPHT328; 2001(2)MPLJ383
..... of the prosecution to lead positive evidence of harassment during the period of 25 days after the couple, forgetting the past, had decided to live together and acting upon the settlement seema came with her husband to live with him. there is absolutely no evidence which may in any manner indicate that after coming back from her parent's ..... the appellant as well as the learned government advocate representing the state and have carefully perused the record.3. the appellant had been married with shahnaz bano alias seema. seema was found dead on 25-4-92 in her room which was locked from inside. she was aged about 19 years at that time while the present appellant ..... the roof. holding that seema had committed suicide and she had been harassed by her husband with the object to pressurise her to bring either a scooter from her parents or bring rs. 20,000/- in lieu thereof, the trial court with the aid of the presumption available under section 113a of the evidence act found the accused-appellant .....
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