Court : Madhya Pradesh Jabalpur
..... affiliation was given on 18.11.2008 but, a significant one, the college had admitted the students between 3.7.2008 to 7.7.2008. if the ncte act, 1993 and the national council for teacher education (recognition norms and procedures) regulations, 2007 especially regulation 8 (12) are appositely appreciated, there can be no iota ..... examination of 2008-2009. there is no assertion when have they admitted the students. this court, in series of decisions, after interpreting the provisions of the ncte act and the regulations framed thereunder and the rules of the university for the purpose of grant of affiliation, has held that no educational institution can admit the students ..... affiliation was given on 18.11.2008 but a significant one, the college had admitted the students between 3.7.2008 to 7.7.2008. if the ncte act, 1993 and the national council for teacher education (recognition norms and procedures ) regulations, 2007 especially regulation 8(12) are appositely appreciated there can be no iota .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... that his employment could not be transferred by the appellant university to the manipur university without his consent, notwithstanding any statutory provision to that effect whether in the manipur university act or elsewhere. the contract of service entered into by the respondent was a contract with the appellant university and no law can convert that contract into a contract between the ..... respondent and the manipur university without simultaneously making it, either expressly or by necessary implication, subject to the respondent's consent. when the manipur university act provides for the transfer of the services of the staff working at the centre of postgraduate studies, imphal, to employment in the manipur university, it must be construed as a .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... moment he came out of his house hearing his threats. but he fired gun shot at deceased without any premeditation in a sudden fight upon a sudden quarrel, his act, in our opinion, fell within the ambit of exception 4 of section 300 of the indian penal code. therefore, appellant balram patel was liable to be convicted unde ..... evidence, he merely deposed that accused gudda patel was present at the time of incident, however, he did not assign any act to him to indicate that he shared the intention of accused balram patel. he denied that accused gudda patel had snatched gun from balram patel and fired at the ..... deceased.12. learned counsel for the appellants urged that kanhaiyalal (pw-5) was the brother-in-law of deceased. he changed the story before the court and attributed no act to accused gudda patel. his evidence was inconsistent with the medical evidence, therefore, trial court committed error in placing reliance on his evidence. it is true that in his .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... that his employment could not be transferred by the appellant university to the manipur university without his consent, notwithstanding any statutory provision to that effect whether in the manipur university act or elsewhere. the contract of service entered into by the respondent was a contract with the appellant university and no law can convert that contract into a contract between the ..... respondent and the manipur university without simultaneously making it, either expressly or by necessary implication, subject to the respondent's consent. when the manipur university act provides for the transfer of the services of the staff working at the centre of postgraduate studies, imphal, to employment in the manipur university, it must be construed as a .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Learned counsel for the appellant submitted that the appellant is an illiterate widow. Her counsel did not advise her that an appeal can be filed before the Division Bench against the order passed by the learned Single Judge. However, when the appellant came to Jabalpur and met another counsel, he advised her to file the appeal. Thereafter, the instant appeal has been filed without any undue delay. The application for condonation of delay is duly supported by an affidavit.2. It is well-settled in law that for the fault on the part of counsel, a litigant should not suffer [See: Rafiq and another vs. Munshilal and another, AIR 1981 SC 1400].3. Thus, we find that sufficient cause for condonation of delay is made out. Accordingly, the delay in filing the appeal is condoned and the I.A. stands allowed. With the consent of the learned counsel for the appellant, the writ appeal is taken up for hearing on the question of admission.4. This intra-court appeal arises from the order of the lear...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... throttled the neck of deceased on account of which he died. therefore, his conviction under section 302 of the indian penal code does not appear to be justified. however, the act by which he caused the death of deceased appears to have been done with the intention of causing such bodily injury as was likely to cause death, he can therefore .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... as the petitioner is negligent for having caused this loss to the government and a substituted penalty of stoppage of one increment without cumulative effect for the act of commission and omission of the petitioner is sufficient to meet the ends of justice. 15- respondents are directed to comply with the order passed ..... recovery of 50% of the amount and further a punishment of stoppage of one increment without cumulative effect will meet the ends of justice, for the act of commission and omission on the part of the petitioner. normally a writ court is not supposed to interfere with the orders of punishment imposed by the ..... :'5. misconduct has been defined in black's law dictionary, sixth edition at page 999, thus:'a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behavior, willful in character, improper or wrong behavior, its synonyms are misdemeanor, misdeed, misbehavior, delinquency, impropriety, mismanagement, offense, but .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... was upon them to have offered the job to male dependant, i.e., son of the petitioner on his attaining 18 years. the respondents are thus not justified in acting in contravention to the stipulations of ncwa v and to the detriment of the welfare of the petitioner.10. in view of above decision, not granting employment to the ..... a right. but, even for the said purpose, keeping in view the fact that a beneficial provision is made under a settlement, the 'state' was expected to act reasonably. while so acting, it must provide for a period of limitation which is reasonable. apart from the fact that the period of limitation provided for in the circular letter with a power ..... is, therefore, open to guess. we expect a public sector undertaking which is a 'state' within the meaning of article 12 of the constitution of india not only to act fairly but also reasonably and bona fide. in this case, we are satisfied that the action of the respondent is neither fair nor reasonable nor bona fide.18. we have .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... opinion, in the present case when deceased asked the accused to not to consume liquor, he became violent and poured kerosene and set fire to deceased. the act of pouring kerosene and setting fire, in our opinion, is so imminently dangerous that it must in all probability, cause death or such bodily injury as is ..... going through the entire episode and the testimony of the prosecution witnesses and also examining the dying declaration, it is gathered that appellant was having knowledge that the act of pouring kerosene on the deceased and litting the fire, death may be caused to the deceased and, therefore, according to our considered view, the case would ..... wherein she reiterated the same story. since after giving these statements nanda bai expired, these statements could be treated as dying declaration under section 32 of the indian evidence act. on the basis of dehati nalshi, first information report ex. p/8-a was recorded at police station kamla nagar, bhopal. inspector s.k.verma (pw4) .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... the prosecutrix and removed her underwear. thereafter he lied down over the prosecutrix and tried to insert his penis in the vagina of the prosecutrix and due to his act ejaculation took place causing some spots on the clothes of the prosecutrix. prosecutrix was a nine years old girl at the time of incident, who could be tutored ..... of the prosecutrix and her mother pratibha singh with corroboration of the fir is believable, and therefore it is proved that it was the appellant who committed such an act with the prosecutrix on the date of the incident.10. the prosecutrix was the only eye-witness in the matter. she stated before the trial court that initially the ..... natural story what she observed at the time of incident. conduct of pratibha singh (pw-2), mother of the prosecutrix is also natural. if any neighbour does such an act with the daughter of some one, then the reaction of that person, certainly will be the same, which was done by pratibha singh, mother of the prosecutrix. the appellant .....
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