Court : Madhya Pradesh Jabalpur
..... filed after twelve years from the date of decree of the trial court as such on taking into consideration the spirit of the provision of article 136 of the limitation act, it can be said safely that appeal being continuation of the suit, the judgment and decree of the subordinate courts merged in the decree of the appeal and pursuant ..... the law commission, the parliament enacted the present art.136 which substantially re-produces the repealed s.48, c. p. c. and re-places art. 182 of the old limitation act. this was done with a view to overcome the difficulty which used to be faced by the litigants and the courts. enactment of art.136 has simplified the controversy and ..... in which it was held as under :-an appellate decree supersedes the original decree on the basis of doctrine of merger and only appellate decree is enforceable; and the new act has not brought about any change in the above crystalized legal position. such result would ensue even on the effect of o.41, r. 35 of the code which .....
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
..... 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 .....
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..... offence under sections 507, 120, 420, 467, 469, 471/34 of the ipc read with various provisions of the scheduled caste and scheduled tribe (prevention of atrocities) act, 1989; his release on bail on 15.1.2009, filing of the challan and the application filed by him for quashing of the proceedings. the director brought to ..... is selected, he will be relieved on deputation as per institute's norms". however, while forwarding the application in this manner, the requirement of national institute of technology act, 2007 and the provisions of statute 24(7), contained in schedule d i.e annexure r- 3/1 is not followed. this statutory provision contemplates that an ..... with his previous employer, can the prospective employer still insist upon producing a relieving order; what is the relevancy of such a relieving order; and, whether the act of respondent no.1 in withdrawing the offer of appointment in the facts and circumstances is warranted or not?18- during the course of hearing of this writ petition .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... of cruelty were not proved, and therefore, the appellant is not entitled to get divorce from the respondent, hence the application filed under section 13 of the act, 1955 by the appellant has been dismissed by the impugned judgment.6. before hearing the final arguments in the present matter, reconciliation proceedings were held by this court ..... ble apex court has considered the judgment of "naveen kohli" (supra) and has expressed the opinion that though there is no ground mentioned in section 13 of the act, 1955, however the apex court can exercise the jurisdiction given under article 142 of the constitution of india, and therefore, in sanghamitra' case the hon'ble apex ..... s case (supra), taken jointly, then it would be clear that since there is no ground available regarding "irretrievable breakdown of marriage" in section 13 of the act, 1955, no decree of divorce can be given in absence of such statutory provisions, but decree of divorce can be given with the jurisdiction of article 142 of .....
Tag this Judgment!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
..... ' have been exempted from environmental clearance. it is also relevant to mention here that central government in exercise of powers under section 18 of the mmdr act has framed rules, namely, mineral conservation and development rules, 1988. chapter v of the 1988 rules deals with environment. rules 31 to 41 deal with ..... in air pollution and, therefore, environmental clearance is required to be obtained. while referring to section 25 of the water (prevention and control of pollution) act, 1974, it has been contended that consent is mandatory before undertaking mining operations in respect of sand and 'bajri'.16. shri sushrut. dharmadhikari, learned counsel ..... ' no mining activity is involved. it has further been contended that in exercise of powers under section 18 of mines and minerals (development and regulation) act, 1957 the central government has framed mineral conservation and development rules, 1988. chapter v of the said rules deals with environment clearance which contains rules 31 .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. This criminal appeal under Section 378(1) of the Code of Criminal Procedure has been preferred by the State of Madhya Pradesh, being aggrieved by the impugned judgment dated 19/12/2007 passed by the First Additional Sessions Judge, Waraseoni District Balaghat in ST No.30/2004, whereby the respondents have been acquitted from the charges of Section 307 read with Section 34 of IPC and Section 324 read with Section 34 of IPC.2. Prosecution case, in short, is that 3-4 days prior to 24/9/2003, some dispute took place between complainant D.P.Mishra and accused Arman Khan. On 24/9/2003 Vilas, Manish and Amit sons of complainant D.P.Mishra were going back to their house from a betel shop by motorcycle. In front of the house of accused Arman Khan, Arman Khan stopped them and started quarrelling. Accused Arman Khan, Salman Khan, Raju Chouhan and Samarjit Singh assaulted the victims Vilas, Manish and Amit with the help of sword, rod, sticks and kicks and fists. In the incident, Manish and Amit...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... of sentence of accused arman khan. similarly, the accused salman khan has not committed the offence punishable under section 307 of ipc, and looking to his overt-act, he can be convicted for commission of offence under section 323 of ipc only, therefore his sentence should be assessed afresh, hence his sentence cannot be enhanced ..... sudden, so that accused salman khan could not have imagined that samarjeet would cause such stab injuries to the injured vilas by scissors. therefore, looking to the act of accused salman khan, it cannot be said that he had any common intention with accused samarjeet for commission of offence under section 307 of ipc, hence accused ..... injuries in the incident, and therefore, it was not possible for him to participate in the incident.10. the contention of the appellants (accused) regarding their act as argued by learned counsel for the appellants cannot be accepted in toto. the appellants in the trial court have produced 2-3 witnesses in their defence, out .....
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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...
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