Court : Chhattisgarh
Reported in : 2001(4)MPHT70(CG)
..... 33rd battalion. 4. the present petitioners in their capacity as the respondents submitted before the tribunal that in accordance with rule 37 of m.p. vishesh sashastra bal niyam, 1973 if the recruit does not acquire the required proficiency within nine months or the extended period, then the authority is entitled to remove him ..... in accordance with the powers conferred upon the state government under section 27, sub-sections (1) and (2) of the act, the state government had made rules known as 'the madhya pradesh vishesh sashastra bal niyam, 1973'. chapter iv of the rules refers to recruitment. chapter vii of the rules refers to training. for the purpose ..... discretion of the commandant to discharge or retain the recruit in service. 8. the madhya pradesh vishesh sashastra bal adhiniyam, 1968 (no. 29 of 1968) received the assent of the governor on the 25th november, 1968. this act provides for the constitution and regulation of the special armed force in the state of madhya pradesh. section .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2002(4)MPHT58(CG)
..... court against the applicant for outraging the modesty of smt. devki bai, so it is proved that the applicant has been terminated as result of the departmental enquiry of an act for which he has been acquitted by the competent criminal court. 12. from perusal of the judgment of judicial magistrate 1st class, durg, it is also clear that the applicant .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2002(3)MPHT10(CG)
..... has not at all been afforded by sub-divisional officer and non-compliance of section 40 of m.p. panchayat raj adhiniyam is there. the authority has acted in most arbitrarily and disregard to the principle of natural justice. normally this court would not have interfered in the impugned order of sub-divisional officer, but ..... the case was the opportunity afforded would be the 'reasonable opportunity' within the meaning of the terms under section 53 (2) of m.p. co-operative societies act, 1960 these two words are said to be incorporating principles of natural justice. principles of natural justice are not contained in any straight-jacket formula and have been ..... religious, linguistic, regional, caste or sectional diversities; or (iii) the dignity of women; or (b) gross negligence in the discharge of the duties under this act. (c) the use of position or influence directly or indirectly to secure employment for any relative in the panchayat or any action for extending any pecuniary benefits to .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2003(3)MPHT66(CG)
..... taking into consideration the special facts of a case can quash the criminal proceedings. any hyper technical view on the provisions of section 498a would be counter productive and act against the interests of women and against the object for which the provision was enacted. therefore, the high court in exercise of its inherent powers can quash criminal proceedings ..... negotiation for finding a solution acceptable to both the parties was going on. she further admits that in the course of proceedings under section 9 of the hindu marriage act her husband has offered her to accompany him for living together and that the trial court had also directed her to go along with her husband. in para ..... the hon'ble high court of judicature at jabalpur in civil revision no. 608 of 1998, which in turn arose out of proceedings under section 9 of the hindu marriage act, 1956, the parties agreed to start a new life and to live together. since thereafter, i.e., from 25-1-2000 onwards petitioner no. 1 is living .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2004CriLJ2931; 2003(4)MPHT8(CG)
..... mother and sister of the deceased to find out the whereabouts of the deceased. this conduct of the accused is also admissible in evidence under section 8 of the evidence act.(d) the other circumstance against the accused/appellant is that he has not informed anybody about the missing of deceased tikeshwari bai. on the contrary, he gave wrong ..... /appellant in order to dump the body of the deceased. this evidence of preparation and the conduct of the accused/appellant is admissible under section 8 of the evidence act as the same relates to the fact in issue, i,e., the murder of tikeshwari bai.(c) the other circumstance is that when the sister of deceased tikeshwari ..... by ex. p-4. during the investigation, accused/appellant bhanu kanwar was arrested and on enquiry he gave the information (ex. p-27) under section 27 of the evidence act and on his information one purse, silver rings and the white shining ear rings were taken into possession through ex. p-8. in the presence of the witnesses, the .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2004(3)MPHT22(CG)
..... of dowry in respect of an invalid marriage would be legally not recognizable. even then the purpose for which sections 498a and 304b and section 113b of the evidence act were introduced can not be lost sight of. legislations enacted with some policy to curb and alleviate some public evil rampant in society and effectuate a definite public purpose ..... the second wife of anupam. the hon'ble apex court held that--'the concept of 'dowry' is intermittently linked with a marriage and the provisions of the dowry act apply in relation to marriages. if the legality of the marriage itself is an issue further legalistic problems do arise. if the validity of the marriage itself is under ..... dowry, such death shall be called 'dowry death', and such husband or relative shall be deemed to have caused her death'. therefore, in order to bring the particular act in the mischief of section 304b of the ipc the requirement is:--(i) the death of a woman is caused by burns or bodily injury or occurs otherwise than .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2004(3)MPHT57(CG)
..... of chhattisgarh reported in (2001) 9 supreme court cases 618, has held that :'instigation is to goad, urge forward, provoke, incite or encourage to do 'an act'. to satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be ..... 107 of the ipc it is necessary that the prosecution must prima facie establish with the evidence that the accused/applicant had instigated the deceased by his acts or illegal omission or with continued course of conduct which compelled the deceased to commit suicide and the deceased was left with no alternative but to commit ..... facts it can safely be inferred that the deceased has committed suicide only on account of instigation, inducement, abetment and provocation given by the accused and the act and instigation caused by the accused were so imminent that the deceased was not left with any other alternative but to commit suicide and, in the given .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ4743
..... criminal track record and nefarious activities.23. therefore, we are of the considered opinion that looking to the entirety of the circumstances and facts of the case, the act of the accused/appellant does not come within the category of the rarest of the rare cases, as such the extreme penalty of death imposed on the accused/ ..... criminal it was imperative that he should be punished with extreme penalty. of course, at the time of consideration for punishment the court is required to consider the act as well as right of victim of crime and the society at large. manifestly, inadequate punishment having regard to the nature of crime of offence would not subserve ..... category of special reasons of rarest of rare case and the statutory requirements of section 354(3) of the cr.p.c. are not satisfied. of course, the act of accused was brutal, every incidence of murder involves brutality. brutality is one of the factor for imposing the extreme penalty on the accused while considering the case for .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2007CriLJ220
..... circumstances did not exist, by placing material before the court sufficient to make it consider the existence of the said circumstances so probable that a prudent man would act upon them. the accused has to satisfy the standard of a 'prudent man'. if the material placed before the court, such as, oral and documentary evidence ..... circumstances. under section 105 of the evidence act, read with the definition of 'shall presume' section 4 thereof the court shall regard the absence of such circumstances as proved unless, after considering the matters before ..... in section 299 of the penal code. this general burden never shifts and it always rests on the prosecution. but, under section 105 of the evidence act the burden of proving the existence of circumstances bringing the case within the exception lies on the accused; and the court shall presume the absence of such .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2007Chh39; 2007(2)MPHT1
..... the rendering ineffective of judgments or orders of competent courts and tribunals by changing their basis by legislative enactments is a well-known pattern of all validating acts. such validating legislation which removes the causes for ineffectiveness or invalidity of actions or proceedings is not an encroach ment on judicial power.62. in ..... also. the chhattisgarh state legislature being aware that the judgment rendered in anurudh prasad shastri (supra) whereby the amended section 49(8) of the act was held unconstitutional and derogatory of the democratic set-up of the co-operative societies and subvertive of the democratic process of ensuring healthy and democratic ..... be substituted, namely:(1-a) the election of members of the committee shall be conducted by the returning officer. notwithstanding anything contained in this act or rules framed thereunder or bye-laws of the society, election of the representatives shall be conducted by the committee from amongst themselves:provided that in .....
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