Madhya Pradesh Madhyasthan Adhikaran Adhiniyam, 1983, Section 7 -- Works contract - Termination - Reference of dispute to M.P. Tribunal or to an independent arbitrator under Arbitration and Conciliation Act, 1996 - Held, it will depend upon factum whether works contract is existing between parties or not out of which dispute has arisen - In case, works contract itself has..........
Criminal Procedure Code, 1973, Section 164 -- Confession - Recording of - Accused who was in police custody during the night i.e., immediately prior to recording of confession was taken to Magistrate at 6.00 A.M. - Confession statement was recorded - Even at the time of preliminary enquiry before recording confession i.e., while Magistrate explained accused that he is..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen theory - Appellant took deceased from his house at 7.30 p.m. - No further evidence of two being together thereafter - Deceased being found injured at public street at 10.15 p.m. - Evidence of last seen lose its incriminating character if place was a public place as possibility of somebody..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Locus standi - Complaints were filed by "R" as proprietor of M/s.Resoursys - He being the proprietor of firm in whose favour cheque in question was issued - Held, he was only competent person to file complaint being its proprietor...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 307, 302 -- Grant of bail - Incident took place at 9 P.M. on highway where there was no source of light - Five persons, including applicant, are alleged to have fired indiscriminately at deceased - All the accused are alleged to be armed with licensed and illicit firearms but only..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1 -- Recovery of arrears of rent - Suit land was given on a monthly rent of Rs. 10,215/- to appellant No.2 by respondent/ plaintiff - After obtaining possession of suit land and getting super structure raised, appellant No.2 has not paid any amount as rent to respondent/plaintiff as per agreement - Service of notice by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 22 -- Contraband - Sample seal relating to recovery of accused `S' and `M' not available on file - Not fatal to prosecution case when case of prosecution is otherwise duly proved on record...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Cancellation of bail - Murder due to political rivalry - Accused a sitting M.P. - Charge-sheet filed - Accused alleged to be giving threatening calls - Held, if complainant received any fresh threat from accused in such event trial Court is free to take appropriate steps - Merely on basis..........
Prisons Act, 1894 -- Jail manual - Police custody - Escape of prisoners - Four criminals escaped from Police custody during escort from Court to Jail - Thereafter murdered 14 persons - Held, it is serious matter and required remedial measures - Directions issued to State of M.P. (i) to make amendment in the existing rules and provide that dangerous prisoners shall not be..........
Motor Vehicles Act, 1988, Section 166 -- Accident - One leg of victim amputated - Suffered 60% disability - Victim, aged 55 years, was cart puller and had earning capacity Rs.3,300/- p.m. - He was rendered incapable of doing his job to earn his livelihood - Held, loss of earning capacity would be 100% but in no case less than 90% - Compensation for loss of future earning..........
