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
..... reconstruction of house. in these circumstances, present suit for declaration of title of property without further relief of possession is hit by proviso to section 34 of the specific relief act, 1963 and is not maintainable in the eye of law.30. coming to the question of limitation; the pleadings of plaintiff/respondent in regard to limitation is that when he ..... rent in the court.10. defendants/appellants specifically denied the fact that cause of action arose in the month of september, 1985 when plaintiffs came to know about the wrongful act of defendants no. 1 to 13 and pleaded that no cause of action arises against defendants, therefore, suit is liable to be rejected.11. the trial court framed the several .....
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
..... , then no cognizance be taken without sanction, but here, as far as petitioners of burhanpur and indore are concerned, their work cannot be said to be bona fide . moreover the act of interpolation cannot be said to be done under the colour of official work. so no sanction u/s 197 cr.p.c. is necessary. this case is not applicable .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... well as in para 16 of her deposition unequivocally reveals that the prosecutrix was subjected to forcible sexual intercourse. the submission of learned counsel for the appellant that the sexual act, as described by the prosecutrix would not have been possible without her consent and the prosecutrix did not try to escape or scream, are devoid of substance, in view of .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... moittra v. sadhna das and another [ (2006) 4 scc 584], and rakesh kumar mishra v. state of bihar [ (2006) 1 scc 557] wherein it has been held that if the act is done in discharging of the official duty then without sanction no cognizance can be taken.6. even the respondent no.1 did not dare to examine his son arvind ..... of police.3. the short facts of the case are that since the petitioner registered a case under section 13 of gambling act and arrested 10 persons including arvind khare the son of complainant/ respondent no.1 narrotattam khare. respondent no.1 came at p.s. nawgaon, district chhatarpur and interfered in the ..... relevant date i.e. 16.4.05 and 17.4.05.(ii) a case of gambling through crime no.104/05 for the offence u/s 13 of the gambling act registered by the applicant against ten persons including arvind khare the son of complainant/ respondent no.1 narrotattam khare.(iii) respondent no.1 narrotattam khare is also a retired inspector .....
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
..... cases page 228, learned counsel for the respondents ncte submitted that ncte is an expert body created under the provisions of the national council for teacher education act, 1993 and parliament has imposed upon such expert body the duty to maintain the standards of education, particularly, in relation to teachers' education, the matters ..... -society filed an application before western regional committee of n.c.t.e./respondent no.2 (in short 'wrc') under section 14/15 of ncte act (in short 'the act') on 23.10.08 for grant of recognition to its institution to run b.ed. course, claiming all the eligibility criteria and qualifications required for initiating ..... western regional committee, ncte/respondent no.2 has been affirmed and the appeal filed by the petitioner-society under section 18 of the national council for teachers education act, 1993 has been rejected.2. the petitioner is a registered society running a college in the name of adarsh rajabhoj college of education, bharat bharti, jamthi .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... domestic affairs with his business affairs.6. feel that the contentions of the estt. is nothing but an afterthought to evade the liability under the act and affidavit submitted might have been obtained from poor employees under duress, hence cannot be accepted. now therefore, i, ashok kumar, assistant provident fund ..... precinct where the petitioner establishment is situated and a garland supplier.5. disbelieving the defence by the petitioner, proceedings under section 7a of the act of 1952 were initiated to resolve the dispute. in the proceedings the defence was reiterated by the petitioner that heeresh and vijaykant were the ..... enforcement officers of employees provident fund regional office, jabalpur, inspected the petitioner establishment to explore coverage possibility under the employees' provident fund and miscellaneous provisions act, 1952. during inspection the team came across a register wherein was recorded the names of certain persons (21 persons) and the amount of monthly wages .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... are of the considered view, both the tribunal as well as the high court has awarded the compensation on the basis of the second schedule and relevant multiplier under the act. however, we may notice here that as far as non- pecuniary damages are concerned, the tribunal does not award any compensation under the head of non- pecuniary damages. however, in ..... the case of state of haryana v. jasbir kaur ; (2003) 7 scc 484, it is held : "7. it has to be kept in view that the tribunal constituted under the act as provided in section 168 is required to make an award determining the amount of compensation which is to be in the real sense "damages" which in turn appears to ..... . i.a. no. 7916/09 is an application whereby the appellants seek condonation of delay in filing this appeal under section 173 of ther motor vehicles act, 1988.2. it is contended that there is no deliberate delay on the part of the appellants, who are very much interested in contesting the matter and the delay was .....
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