Court : Madhya Pradesh Jabalpur
..... by the prosecutrix is unsupported by any medical evidence or the whole surrounding circumstances are highly improbable and belie the case set up by the prosecutrix, the court shall not act on the solitary evidence of the prosecutrix. the courts shall be extremely careful in accepting the sole testimony of the prosecutrix when the entire case is improbable and unlikely to ..... bleeding on touching by a finger. there was a layer of blue colour found on the surface of the hymen and hymen was tender. therefore, it was clear that the act of the intercourse took place with the prosecutrix in the past few hours. since no external injury was found on the body of the prosecutrix, it can be inferred that .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... also confirmed by dehati nalishi ex.p-1, which was immediately lodged by the complainant to the concerned head constable, and therefore, these witnesses are reliable and the act of the appellant-accused is proved.15. on the other hand, learned counsel for the appellant-accused has submitted that dehati nalishi was not at all an fir in ..... be presumed of causing death of the complainant, and therefore, it can safely be said that offence under section 307 of ipc is not made out. the overt-act of the assailant at the most may constitute an offence under section 324 of ipc.13. for assessing the testimony of the complainant, entire evidence may be considered. ..... by the parties, the learned special judge, chhattarpur acquitted the appellant-accused for commission of offence under sections 25/27 of the arms act and section 3 (2) (v) of sc/st (prevention of atrocities) act, 1989, but convicted him for commission of offence under section 307 of ipc and inflicted the aforesaid sentence.7. i have heard .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... premises, inspite that taking into consideration such other premises the decree has been passed on the ground of sub tenancy against him under section 12 (1) (b) of the act. lastly, he said that the disputed premises was never used by the appellant for any inconsistent purpose for which it was not let out to him and prayed for admission ..... out the defence of the respondent on account of non depositing the rent and pursuant to that passing the decree of eviction under section 12 (1) (a) of the act are concerned, the concurrent findings on such ground being in consonance with evidence, in view of the law laid down by the apex court in the matter of jamnalal and ..... this stage.11. so far the decree on the grounds of sub tenancy and of the nuisance defined under section 12 (1) (b) and 12 (1) ( c) of the act are concerned, it is suffice to say that impugned decree on such ground have been passed concurrently on appreciation of the available evidence and on going through available evidence and .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... into existence w.e.f. 13th january, 2006. the said company has been incorporated as fully owned government company with limited liability by shares under the companies act, 1956, with its registered and corporate office in new delhi. by another office memorandum (annexure p/2) of even date existing and subsisting contract and agreement ..... insurance company association pool, bombay vs. smt. radhabai, air 1976 mp 164 while considering the question of liability of the state in respect of the tortuous acts of the servants of the state where the plea of immunity based on employment referable to sovereign functions is raised observed in paragraph 12 by relying on corporation ..... . the respondent no.2 is a company owned by the government of india and is a government company within the meaning of section 617 of the companies act, 1956. thus, parts of functions of aforesaid nine industrial units have been delegated to a government company with a view to improve efficiency and productivity. learned .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... of narmada valley development authority (in short 'nvda') except sardar sarovar project. between the period from 2002 to 2005 proceedings under the provisions of land acquisition act, 1894 were initiated and were completed for acquisition of private lands. on 10.10.2002 environmental and forest clearance was received for the project. by order ..... of gopm, as of no consequence, on the grounds that it is ultra vires of the rehabilitation & resettlement policy, and of the provisions of general clauses act and article 166, 14 and 21 of the constitution, and for being arbitrary and malafide.(iv) direct the respondent to carry out back water survey arising from ..... material with regard to implementation of rehabilitation and resettlement policy is in the special knowledge of state government in view of section 106 of indian evidence act. the government of madhya pradesh is also under an obligation to implement provisions of rehabilitation and resettlement policy and to accord all the benefits to land .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... carriage, (d) light motor vehicle, (e) transport vehicle, (f) road roller and (g) motor vehicle of other specified description. the definition clause in section 2 of the act defines various categories of vehicles which are covered in broad types mentioned in sub- section (2) of section10. they are `goods carriage', `heavy-goods vehicle', `heavy passenger motor ..... would be profitable to reproduce the following observation made by their lordships in the case of swaran singh (supra) in this behalf:- "section 10 of the act provides for forms and contents of licences to drive. the licence has to be granted in the prescribed form. thus, a licence to drive a light ..... certificate examined himself, it is not admissible in evidence. thus, the disability certificate filed on record, which was neither proved, nor exhibited, could not be acted upon to hold that the appellant sustained any permanent disablement. there was also no x-ray report of the appellant to indicate that he sustained any fracture .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... the case, as mentioned in f.i.r., it can not be held that the offence alleged against the applicant does not fall within the purview of 'sc/st act'.14. in view of the aforesaid discussion, this application is disposed off with a observation that the applicant if so advised may appear before the appropriate board constituted under ..... in the special act cannot be easily brushed aside by elaborate discussion of the evidence.9. in support of his contention, the learned counsel for the applicant has placed reliance on the following ..... other material on record is limited. court is not expected to indulge in critical analysis of the evidence on record. when a provision has been enacted in the special act to protect the persons who belong to scheduled caste and scheduled tribe and a bar has been imposed in granting bail under section 438 cr.p.c., the provision .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... modification in development plan. relevant extract of statement of objects and reasons appended to bill reads as under:-"as there is no separate provision in the act to make modifications in the development plan for the implementation of the projects of a town and country development authority as well as the development projects of ..... either to confirm or to modify the plan. the legislature in its wisdom even while excluding the provisions of sections 18, 19 and 22 of the act, in respect to modification of development plan or zoning plan by the state government for urgent public purpose, incorporated the conditions of publication of notice and ..... the details of development of specific areas for housing, shopping centres, industrial areas, educational and cultural institutions and civic centres.20. section 18 and 19 of the act is made applicable for preparation and publication of zoning plan under section 20 and 21 by inserting section 22 which reads as under :"22. provisions of section .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... 1997 s.c. 1017, the supreme court while dwelling upon a similar provision i.e. section 15(6) of the madhya pradesh vanopaj (vyapar viniyaman) adhiniyam 1969, amendment act, 1986 (which stipulates "(6)no order of confiscation under sub-section (4) of any tools, vehicles, boats, ropes, chains or any other articles (other than specified ..... the petitioner thereafter preferred a revision under section 52b of the act of 1927. 3. the revision was also dismissed by the first additional sessions judge by its order dated 09-06- 2008. this petition is thus directed against ..... officer on 21-03-2006 passed the order of confiscation of the vehicle in question. against the said order petitioner preferred an appeal under section 52a of the act of 1927 before the conservator of forest, forest circle, seoni. the appellate authority dismissed the appeal preferred by the petitioner by order dated 31-12- 2007. .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... that on wrong premise the amount towards guarantee is being siphoned. with these allegations in the forefront, the appellant invoked section 9 of the act of 1996, seeking directions that respondent be restrained from invoking/encashing performance guarantee as also the guarantee furnished towards mobilisation advance.9. the court ..... agreed to give the contractor such a bank guarantee. now thereof we syndicate bank, a body corporate constituted under banking companies acquisition and transfer of undertakings act 1970, having its head office at manipal, karnataka (india), and having a branch office amongst other places at nehru place new delhi-110019 (hereinafter ..... defects and deficiencies whatsoever as pointed out by the project manager.(e) fails to follow the instructions, directions etc. issued by project manager.(f) acts or conducts in breach of the main agreement conditions executed between ssangyong and employer/engineer.(g) becomes bankrupt or insolvent or its progress payment from .....
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