Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 44 miscellaneous offences Court: madhya pradesh Page 10 of about 116 results (0.091 seconds)

Abid Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... harassment and therefore, in the light of the judgment passed by hon'ble the apex court in case of harjeet singh (supra) presumption under section 113-b of the evidence act cannot be applied in the present case and the appellant cannot be convicted for the offence punishable under section 304-b of the ipc.18. it is true that the ..... .1778 of 2009 court in case of harjeet singh vs. state of punjab . [(2006) m.p.w.n. note 125]., to show that presumption under section 113-b of evidence act may be operated if prosecution is able to establish the circumstances set out in section 304-b of ipc that cruelty or harassment was proved soon before her death along .....

Trilokinath Agrawal Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... ministry of mines, department of mines, shastri bhawan, new delhi 3 the collector, katni district katni (m.p.) . respondents present : hon. shri justice krishn kumar lahoti, acting c.j.hon. shri justice rohit arya shri sankalp kochar, learned counsel for appellant. shri samdarshi tiwari, g.a., for the respondents. shri naman nagrath, learned senior advocate with ..... shri himanshu mishra, counsel for shri r.n.swami, intervener. judgment (26.9.2013) per krishn kumar lahoti, acting chief justice : this appeal is directed under section 2 of the m.p.uchcha nyayalaya (khand nyaypeeth ko appeal) adhiniyam, 2005, 2 w.a.no.1393/2006 ..... of land merely on the ground that consent of the bhumiswami was not filed by the appellant before the state government. as per the provisions under the act, there was no requirement of filing consent of the land owners. however such consent could have been required at the time of entering on the land .....

Mabel Harry (dead) and Another Vs. State of Madhya Pradesh

Court : Madhya Pradesh

..... of this appeal and her matter was contested by the appellant no.2), did not assault either victim gladvin or deceased gadvin by herself and neither she did any overt- act so that her common intention can be presumed with the appellant no.2. under these circumstances, the appellant no.1 cannot be convicted of the aforesaid offences. hence her appeal ..... deceased gadvin. the appellant no.2 came after sometime with a dagger and assaulted victim gladvin and deceased gadvin, whereas the appellant no.1 had no knowledge about such overt-act of the appellant no.2. it is not proved beyond doubt that the appellant no.1 held either victim gladvin or deceased gadvin when the appellant no.2 was giving .....

Neeraj and Others Vs. The State of Madhya Pradesh through Police Stati ...

Court : Madhya Pradesh

..... took dinner. on 22.08.1993 pappu and the appellant neeraj came back leaving the bicycle at the house of chhiddilal. on information given under section 27 of the evidence act, the cycle was recovered by the investigating officer, mr. m.l. sharma (pw-15). the cycle alongwith other recovered articles like shirt, briefs, nekar, footwear (chappal), silver ring, chain and ..... the crime. 11. in sanjay thakran (supra), it was further held by the hon'ble apex court that if test identification parade was organized under section 9 of the evidence act then persons identifying articles did not have sufficient opportunity to see the said articles being used by the deceased for a long duration. further these articles not carrying any distinctive .....

K.K. Shrivastava Vs. Special Police Establishment Lokayukt Gwalior

Court : Madhya Pradesh

Reported in : 2012CrLJ2189

..... motive, preparation, attempt and commission. it is noteworthy that preparation for forgery is not an offence under the provisions of the i.p.c. ordinarily, once the act enters into the arena of attempt, criminal liability commences, because attempt takes the offender very close to a stage, where the offence would have stood successfully completed out ..... that no prudent person can ever reach such a conclusion. the extraordinary and inherent powers of the court do not confer an arbitrary jurisdiction on the court to act according to its whims or caprice. however, the court, under its inherent powers, can neither intervene at an uncalled for stage nor it can 'softpedal the ..... commissioner. it is further stated that the allegations made against the petitioners regarding violation of the provisions contemplated in clauses 4.017 and 4.18 of the act are absolutely false. on the basis of the aforesaid, it is prayed that by allowing the petitions, the fir lodged by the police establishment bhopal vis- .....

Sukhdeo Vs. the State of M.P.

Court : Madhya Pradesh

..... ) respectively.40. shri sisodiya (pw-14) the investigation officers further stated that he arrested appellant sukhdeo and on his information memo (ex.p/1) under section 27 of the evidence act, seized churi (knife), alleged to have been used in commission of the crime, as per seizure memo (ex.p/4) in presence of witnesses. hostile witness godilal (pw-1) only .....

Sunder Singh Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... on the face of psychological pressure or allurement made by the accused or it was a conscious decision of the prosecutrix knowing fully the nature and consequences of the act she participated in very easily conclusion will be that it was with consent of major prosecutrix on any angle. please see: state of m.p. v babbu barkare ..... 'probability factor' to show that her consent was 6 cr.r. no.607 of 2013 not lacking. it appears that she was fully a consenting party to the act of sexual intercourse and that explains her being tight-lipped for more than 03 years. the suppression is indicative of her being in 'flagrant-delicto'.16. after careful examining ..... the consent of the prosecutrix.15. the prosecutrix (aged 27 years on the date of occurrence) had sufficient intelligence to understand the significance and moral quality of the act she was facing. in case the prosecutrix had not been the consenting party on the date of incident she would not have allowed the accused to have sexual intercourse .....

Devendra Singh Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused. reiterating the principles enunciated in case of hanumant govind (supra), apex court in case of ashish batham (supra) observed that ..... memoranda or panchnamas can only be used by persons who signed them or prepared them to refresh their memory within the meaning of section 27 of the evidence act. whatever statement is attributed to an accused person in police custody giving information leading to the discovery must be proved by witnesses like any other fact. it ..... , since these articles were recovered on the information of accused devendra, they have to be deemed to be the 'fact discovered' within section 27 of the evidence act. the fact discovered embraces the place from which the object is produced and the knowledge of accused as to this. as far as ornaments or other articles belonging to .....

Lal Singh Marabi Vs. Pickku @ Prakash Jharia

Court : Madhya Pradesh

..... land revenue. the certificate will be issued for the recovery as arrears of land revenue only if, as required by sub-section (3) of section 168 of the act the insured fails to deposit the amount awarded in favour of the insurer within thirty days from the date of announcement of the award by the tribunal. 14. in ..... issues as raised in these petitions are as follows:- (i) (ii) .. (iii) .. (iv) .. (v) .. (vi) . (vii) . (viii) (ix) .. (x) where on adjudication of the claim under the act the tribunal arrives at a conclusion that the insurer has satisfactorily proved its defence in accordance with the provisions of section 149(2) read with sub-section (7), as interpreted ..... pramod sahu. order (oral) (04.04.2013) per u. c. maheshwari j.1. the appellant/claimant has filed this appeal under section 173 of motor vehicles act, 1988 (in short the act ) for enhancement of the sum awarded by the xth additional motor accident claims tribunal jabalpur, in claim case no.82/05, vide award dated 22.4.2006, .....

Chief Municipal Officer Vs. Mahila Munni Devi and Others

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 .....