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
..... three deceased persons were sent for postmortem examination and injured girls were sent for treatment and medico legal examination. a dying declaration (ex.p/39) of injured ayna @ seema was recorded by executive magistrate chandra shekhar shrivastava. during investigation, an iron hammer, a churi, blood stained clothes, bed sheets etc. were seized from the room and ..... view of the provisions of section 157 of the indian evidence act. there appeared no reason for the executive magistrate to have recorded the said statement as dying declaration (ex. p/39) false. thus, the evidence of ayna that ..... recorded by police officer, therefore, it was not inadmissible. though it could not have been accepted as a dying declaration under section 32 of the indian evidence act, yet it could be used as a former statement made by ayna (pw-1) in order to corroborate her testimony as a witness, relating to occurrence in .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... notified area and constitution of municipal council and formation of wards, we reject the aforesaid submissions. though municipal council may not have erected the boundary marks, acting as per mandate of section 17 but that does not advance the case of the petitioner in the instant case. beyond pale of doubt, it is established ..... the boundary in the area of pasan. the municipality is demanding consolidated tax chargeable under section 127 (c ), (d) and (e) of the municipalities act. the coal mines is governed by various enactments. the entire jurisdiction for development, regulation of coal mines vest with the central government and in the government company. ..... colliery are included in the notification. even otherwise these collieries could not have been included in the municipal area.3. under section 17 of the municipalities act, 1961, the municipal council is required to erect and maintain the boundary marks, it has not been done. there are no permanent boundary marks showing .....
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..... , a registered association, claims to be representing the officers and employees working in m.p. state seed certification agency, which is an association constituted under section 8 of the seed act, 1966. it is an autonomous independent body managed by the board of directors. the case of the petitioners is that after the 5th pay commission's recommendations were accepted by ..... conferred on the state government or the finance department to withhold the same. in the absence of any power being available to the state government or the finance department to act in the manner done, action taken by the respondents in denying benefit to the employees is unsustainable.9- accordingly, in the facts and circumstances of the case, this petition is .....
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..... these words have been used in their primary sense and that "shall" should be construed as mandatory. when the expressions "shall" and "may" are defined in the act, the explanations have to be given the meaning as defined. the experience of four years is qualified with word "may be" on the post specified in column2. it ..... this court accepted the factors laid down by the committee of chief secretaries which was constituted for settling the disputes regarding equation of posts arising out of the states reorganisation act, 1956. these four factors are : (i) the nature and duties of a post, (ii) the responsibilities and powers exercised by the officer holding a post; ..... department adopt such methods of recruitment to the service other than those specified the said sub-rules as it may, by order issued in the behalf prescribe." acting under the aforesaid rule, it was open to the state govt. with the approval of general administration department to adopt such method of recruitment to the service .....
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..... not make any misleading claim and adequate publicity shall be given that such institutions are not recognized. there is prohibition carved out under the aforesaid act, that the petitioners institution or the like institutions shall not award any degree in the courses conducted by them till the legislative enactments are ..... diploma or certificate of medical education of such institution without obtaining prior permission in writing of the state government, in accordance with the provisions of this act. section 3 is quoted below:- 3. restriction on establishing, administration and advertisement of institution of medical education without permission.- subject to the provisions of ..... award any degree in the course conducted by them till the legislative enactments are put in force and in case enactments are in force, they shall act in accordance with the provisions contained thereunder. the following directions were issued by the division bench of this court :- (1) the central/state government .....
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..... such a manner by the appellants, could not be termed to be a ground of disclaimer of title. he also said that the appellants have not committed any act contrary to the title or the interest of the respondents/plaintiffs. they have not caused any substantial injury to the title of the respondents as landlord of the ..... by dismissing the counter claim of the appellants decreed the suit of the respondents for eviction on the grounds enumerated under section 12(1)(a) and (c )of the act, on which, the appellants filed the appeal challenging the aforesaid decree. on consideration, by allowing such appeal in part, the decree of the trial court passed under section ..... same was not paid even after making demand. with these pleadings, the suit for eviction on the ground available under section 12(1)(a) and (c ) of the act is filed.6. in the written statement of the respondents, beside the aforesaid undisputed facts, the relationship of the respondents with sunder lal and chhotelal as stated by them .....
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1. this revision applicant under section 397/401 of the code of criminal procedure, 1973 read with section 19 of the family court act has been filed by the applicant/wife against the order dated 22/10/2009 passed in m.j.c. no.66/2009 by the presiding officer, family court, sagar whereby .....
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..... 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
..... unduly delayed."in baldev singh gandhi v. state of punjab (2002) 3 scc 667 their lordships were pleased to hold:9. misconduct' has not been defined in the act. the word 'misconduct' is antithesis of the word 'conduct'. thus, ordinarily the expression 'misconduct' means wrong or improper conduct, unlawful behaviour, misfeasance, wrong conduct, ..... disciplinary rules in general is to identify the conduct which is made punishable and then to provide for the various punishments which may be imposed for the acts which are inconsistent with such conduct. for example, the central civil services (conduct) rules, 1964 contain provisions which pertain to the standards of conduct ..... a host of departmental instructions which elucidate, amplify and provide guidelines regarding the conduct of the employees.17. the range of activities which may amount to acts which are inconsistent with the interest of public service and not befitting the status, position and dignity of a public servant are so varied that it .....
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