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Dec 13 2012 (HC)

Abhay Kushwaha Vs. the Chairperson

Court : Madhya Pradesh

.....consideration. at this point members expressed concern over the increasing number of termination cases in each year. members were apprised of the fact that most of the students who come from different social and academic backgrounds find it difficult to cope with the complexities in the early years of their academic programme. this results in their poor academic performance and termination of programme. also their performance gets affected in higher level courses due to poor understanding of concepts and methods in core courses. the matter of termination was discussed in detail amongst the members of the senate and one of the members suggested that word academic probation may be termed as academic improvement and academic termination may be termed academic drop. it was also suggested that students be given the chance to complete their ug courses in maximum 6 years and pg courses in maximum 2.5 years. appealed students against their termination will be placed on one year academic break and they will be allowed to clear their backlogs and improve the courses in which they obtained lower than 'c' grade. at the end of one year they should obtain a cpi  5.0 before registering.....

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Dec 13 2012 (HC)

Nishchal Jharia Vs. Shri Ashok Das

Court : Madhya Pradesh

.....the office has listed this case for consideration before the division bench as per rules. learned counsel for the petitioner submitted that in fact the order dated 26.9.2011 passed by this court in w.p.no.10382 of 11 (s) was not complied with but the contempt petition was withdrawn with liberty to file fresh petition on the basis of the statement made by the learned counsel for the state that the order was complied with, believing it to be true. while the factual position is that the order was not produced before the court and when the petitioner had became aware with the order, it revealed that in fact it was not a compliance of the order dated 26.9.2011. on the aforesaid ground, it is prayed that the order dated 6.7.2012 passed by the single bench may be recalled. we have perused the record and find that an order dated 14.3.2012 was passed by the respondents. a copy of which is available on record on page 9 of the paper book. from the perusal of the aforesaid it appears that a decision was taken in the matter, by the respondents and the petitioner was not found fit for adhoc promotion on the post of addl. s.p.the contention of the petitioner before this court is that on.....

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Dec 13 2012 (HC)

Lal Bahadur @ Ingh @ Pushparaj Singh Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

.....him and some other persons at police station nagod district satna for the offence under sections 294, 323, 302, 307 and 506- b/34 of i.p.c.for which trial is still pending. it is apparent fact that subsequent to filing the application the case was listed firstly on 21.2.2012 and thereafter on 3.4.2012, 31.7.2012 and 17.8.2012, but on taking up the matter for hearing no one was appeared on behalf of the applicant to adjudicate this petition on such dates on which, the case was adjourned. in such premises it is listed today for final hearing. state counsel submits that he is under receipt of the case diary. he further submits that according to the charge-sheet there is sufficient prima facie evidence of the alleged offence against the petitioner, pursuant to that there is no scope in the matter for grant of bail to the applicant. in the available circumstances, it appears that the applicant is no more interested to prosecute this petition since last three-four dates, consequently, in the absence of applicant’s counsel instead to decide the petition on merits, the same is hereby dismissed for want of prosecution. (u.c.maheshwari) judge pb

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Dec 13 2012 (HC)

Shri Adinath Digambar JaIn Mandir Vs. the Commissioner

Court : Madhya Pradesh

.....today alongwith a copy of the petition before the respondent/corporation within 15 days, the said authority shall thereafter consider and decide the complaint of the petitioner after hearing all concerned and shall pass a reasoned order in accordance with law and take all possible steps to ensure that the provisions of the municipal corporation are strictly implemented. it is made clear that this court has not expressed any opinion on the complaint of the petitioner and, therefore, the authority concerned would be at liberty to take into consideration all facts and facets of the case and thereafter take a decision thereon by passing a reasoned order. with the aforesaid direction, the petition filed by the petitioner stands disposed of. c.c.as per rules. (r.s.jha) judge gn

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Dec 13 2012 (HC)

Ku. Pragya Bilgayan Vs. Board of Secondary Education

Court : Madhya Pradesh

w.p.no.13649/2012 (ku. pragya bilgayan versus board of secondary education) 13.12.2012 shri dinesh upadhyay, learned counsel for the petitioner. shri s.m.lal, learned govt. advocate, for the state. shri s. dharmadhikari, learned counsel for respondent board. the petitioner has filed this petition being aggrieved by the valuation of her answer sheets in the subjects of english (special).hindi (general) and mathematics in the higher secondary school certificate examination conducted by the respondent board in the year 2012. it was submitted by the learned counsel for the petitioner that the petitioner had been awarded less marks in the subjects of english (special).hindi (general) and in mathematics, in which she has been awarded 70 marks in english, 93 marks in hindi and 61 in mathematics. the petitioner has alleged that his answer sheets have not been properly evaluated. in view of the aforesaid allegations, this court had directed the respondent board to produce the answer sheets of the petitioner in the subject of english (special).hindi (general) and mathematics and had also directed the state to ensure the presence of two subject experts in each subject to revaluate the answer

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Dec 13 2012 (HC)

Tuhina Agnihotri Vs. Madhya Pradesh Board of Secondary Education

Court : Madhya Pradesh

.....filed by the petitioner, deserves to be allowed. the respondent board is, accordingly, directed to issue a revised mark-sheet to the petitioner showing the enhanced marks in the subject of english (special).i.e.78 marks, and in the subject of hindi, i.e., 82 marks in accordance with the revaluation made by the two expert teachers.within w.p.no.12548/2012 (tushina agnohotri versus m.p.board of sec. edu. a period of 30 days from the date of production of a copy of the order passed today. as undertaken by the petitioner, the cost of rs.500/- towards revaluation to each of the teachers present in the court and rs.100/- each towards transportation charges be handed over to the two subject experts in each subject. with the aforesaid direction, the petition filed by the petitioner stands allowed to the extent mentioned hereinabove. c.c as per rules. (r.s.jha) judge gn

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Dec 13 2012 (HC)

N.S.Bundela Vs. Chairman,m.P.E.B. and ors.

Court : Madhya Pradesh

.....been levelled against the petitioner. however, despite making these submissions, the enquiry officer or even the disciplinary authority, which infact is the same authority in the case of the petitioner as well as in the case of devanand malviya, had taken no steps to verify this fact. it is contended that when the punishment order was challenged, in the memo of appeal also the petitioner has categorically raised this ground but even the appellate authority has not taken care of such a vitally important ground and as such the orders impugned are bad in law and are liable to be quashed.3. per contra it is contended by the respondents by filing a return that the petitioner was called upon to submit his response to the charge-sheet, which he did. however, the petitioner did not appear in the enquiry at all. nothing was brought to the notice of the enquiry officer. after obtaining the report on the enquiry conducted against the petitioner, a second show cause notice was issued to him. in view of 4 these facts, if an order is passed by the competent authority holding the petitioner guilty of misconduct, no interference in the order of penalty is called for. it is also contended.....

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Dec 13 2012 (HC)

Vishwa Dev Sharma Vs. Secretary the State of Madhya Pradesh

Court : Madhya Pradesh

.....said authority/committee be directed to decide the application at an early date. in view of the aforesaid, the petition filed by the petitioner is disposed of with liberty to the petitioner to approach the state level high power committee for mitigation of his grievances. it goes without saying that in case the petitioner files such an application before the high power committee within 15 days alongwith a copy of the order passed today and a copy of the petition, the concerned committee shall take up the proceedings, hear all concerned and thereafter shall pass a reasoned order in accordance with law expeditiously. with the aforesaid liberty/observation, the petition filed by the petitioner stands disposed of as withdrawn. c.c.as per rules. (r.s.jha) judge gn

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Dec 13 2012 (HC)

Manisha Lalwani Vs. D.V.Paul

Court : Madhya Pradesh

1....m.c.c.no.1282 o”13. 12.2012 shri mohd. ali, counsel for the applicant. shri arun kumar choubey, counsel for the respondents. this application is filed for modification of order dated 16.9.2011 in which the prayer of the applicant is for transfer of the case to some other court, as the court below is unable to decide the case as directed by this court. from the perusal of the order dated 16.9.2011, we find that the time period for deciding the case was extended on the prayer of the second civil judge, class ii, katni for deciding the civil suit no.53/09, pending between the parties. it is also brought to our notice that applicant has already moved an application under section 24 of the c.p.c.for the transfer of the aforesaid case to some other court. in view of the aforesaid factual position, no further action is required in the matter. the application is dismissed. however, applicant shall be at liberty to press her prayer in m.c.c.1159 of 2011, which will be considered in accordance with law. c.c.as per rules. (krishn kumar lahoti) (smt. vimla jain) judge judge vj

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Dec 13 2012 (HC)

Sandeep Chouhan Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

.....the respondent no.6 had been removed from the post of sarpanch of gram panchayat datlawadi, janpad panchayat junnardeo. admittedly the impugned order is revisionable before the state under the madhya pradesh panchayat (appeal and revision) rules, 1995 as has been held by a division bench of this court in w.p.no.21567/2011 decided on 06.02.2012. in view of the aforesaid, the petition filed by the petitioner is disposed of with liberty to the petitioner to assail the same before the competent forum in accordance with law. the learned counsel for the petitioner at this stage submits that the second revisional authority w.p.no.20845/2012 (sandeep chouhan vs.state of m.p.& ors.) be directed to pass emergent orders on the revision filed by him before it. the prayer made by the learned counsel for the petitioner is accepted and it is observed that in case the petitioner taken up the same before the state within 15 days alongwith a copy of the order passed today and a copy of the petition, the matter shall be taken up by the revisional authority and orders on the application for stay filed by the petitioner alongwith the revision in accordance with law as expeditiously as possible......

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