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 : 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 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : II(2002)DMC492; 2002(3)MPHT269
..... real accused.14. this court in case of ahshan khan v. state of madhya pradesh, reported in 2002 (1) crimes 117, where no proximity with any overt act showing harassment to deceased or indicating grave and serious provocation enough in taking recourse to suicide, has held that conviction under section 306, ipc, could not be sustained ..... of deceased by accused persons, no offence of cruelty is found properly proved against the appellants. in the circumstances, legal assumption under section 113a of the evidence act is not available to the prosecution.12. it seems that the deceased was dissatisfied with her marriage and out of her further disappointment with her husband as ..... 306, ipc, heavy burden lay on the prosecution to prove first the commission of offence under section 498a, ipc, then alonea presumption under section 113a of evidence act shall arise against the accused person. learned counsel for the state, on the other hand, has supported the findings of the trial court.7. i have heard .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ1811
..... in a case all relevant factors including the appropriate multiplier are to be kept in mind. the position is well settled that the second schedule under section 163a to the act which gives the amount of compensation to be determined for the purpose of claim under the section can be taken as a guideline while determining the compensation under section 166 ..... of the act. in that view of the matter, there is no reason why multiplier of 17 should not be taken as the appropriate multiplier in this case.12. considering the aforesaid judgments .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2005(105)FLR856]; (2005)IILLJ710MP; 2005(1)MPHT291; 2005(1)MPLJ112
..... directing the petitioner to approach under the provisions of i.d. act.11. with regard to other submissions the respondents denied that the leave applications were submitted after 2-s-86 onwards by the petitioner. the fact has ..... (ii) where there is failure of principles of natural justice; or (iii) where the orders or proceedings arc wholly without jurisdiction or the vires of an act is challenged.'10. so relying on the aforesaid judgment of the supreme court, i reject the preliminary objection of the respondents with regard to objection of alternative remedy ..... has been governed by awards, i.e., shastri award/desai award and bipartite settlements and petitioner has to exhaust all the remedies available under the industrial disputes act, 1947. when the writ petition was admitted for hearing vide order dated 25-9-98, it was mentioned that, 'the right of the counsel for respondents .....
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