Madhya Pradesh Court October 2007 Judgments
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Smt. Rahisha Begum Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Oct-04-2007
Reported in: [2008(116)FLR290]; 2007(4)MPHT595; 2008(1)MPLJ528
ORDERS.K. Gangele, J.1. Petitioner has filed this petition challenging the order, Annexure P-1, dated 6-8-2003. By the aforesaid order the petitioner has been denied the benefit of family pension and gratuity.2. The husband of the petitioner was appointed as Driver in May, 1980 on daily wage basis. His services were regularised vide order dated 31-12-1998 on the post of Driver in the workcharged and contingency paid establishment. He died, on 5-3-2003. After the death of husband the petitioner submitted an application for grant of family pension and gratuity. Vide impugned order the respondents rejected the claim of the petitioner with regard to grant of family pension and also gratuity on the ground that her husband had not completed 5/10 years' of service for the purpose of pension and gratuity.3. In the return the respondents stated that the husband of the petitioner was initially engaged as daily rated employee in the year 1980. Vide order dated 31-12-1998 he was regularised in wor...
Paras Nath Singh Vs. G.C. Kewalremani and ors.
Court: Madhya Pradesh
Decided on: Oct-04-2007
Reported in: 2008(2)MPHT176
ORDERA.K. Patnaik, C.J.1. This is an appeal against the orders dated 11-12-2006 and 8-1-2007 passed by learned Single Judge in W.P. No. 10342/2005(S) and MCC No. 4/2007.2. The facts briefly are that respondent No. 1 was working as a Joint Registrar, Co-operative Societies, in the State of Madhya Pradesh when the State of Madhya Pradesh was bifurcated to Madhya Pradesh and Chhattisgarh by the Madhya Pradesh Re-organisation Act, 2000 (for short 'the Act'). Under Section 68 of the Act, every person who immediately before the appointed day was serving in connection with the affairs of the existing State of Madhya Pradesh was to continue to serve in connection with the affairs of the State of Madhya Pradesh unless by general or special order of the Central Government he was finally allotted to the State of Madhya Pradesh or to the State of Chhattisgarh. Respondent No. 1 was allotted to the State of Chhattisgarh and was relieved to join in the State of Chhattisgarh as Joint Registrar, Firms ...
Hemant Kumar Pandey Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Oct-04-2007
Reported in: 2008(2)MPHT248; 2008(1)MPLJ319
ORDERR.K. Gupta, J.1. Petitioner by Shri P.K. Tiwari, Advocate.Respondent Nos. 1 to 3 by Shri Shailesh Mishra, G.A.They are heard.2. The petitioner by way of tiling the present petition has challenged the order dated 13-4-2000 (Annexure A-1). By this order the juniors to the petitioners have been promoted on temporary basis to the post of Superintendent in TB Hospital as well as specialist in TB which is Annexures A-l and A-2. The substantive post of the petitioner is Assistant Surgeon and the petitioner was entitled to be considered by the DPC which met on 3-5-1999 for his promotion to the post of Superintendent TB or specialist in TB.3. The respondents have filed return and in the return the respondents have stated that the case of the petitioner was considered but the petitioner was not found fit for his promotion as per the criteria fixed by the DPC for promotion. Nothing has been stated in the return as to on what basis the petitioner was not found fit for his promotion.4. This Co...
Sanjay Kumawat Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-03-2007
Reported in: 2007(4)MPHT378; 2007(4)MPLJ508
ORDERBrij Mohan Gupta, J.1. The instant petition is for impugning the order dated 8-8-07 passed by Third Additional Sessions Judge, Gwalior in S.T. No. 212/07 by which the learned Judge after rejecting an application under Section 227 of Cr.PC filed on behalf of the petitioner, has framed charge punishable under Section 376 of IPC against him. The relevant excerpts of the FIR dated 11th March, 2006 lodged by the prosecutrix against the petitioner are as under:,d gLrys[kh vkosnu i= is'k fd;k ftl ij vijk/k iathc) dj Fkkuk IzkHkkjh egksn;] Xokfy;j fo'k; Jh lat; dqekor ,l-,-,Q- dEiuh dek.Mj ds }kjk fd;s x;s d`R; gsrq ckor A mijksDr fo'k; es fuosnu gS fd lat; dqekor dEiuh dek.Mj us foxr 2&3 lkyks ls esjs lkFk laca/k j[ks o foxr vizSy ekg 05 dks 'kknh dk >wBk vk'oklu nsdj esjs lkFk 'kkjhfjd laca/k cuk;s dqN fnuks ckn tc og eq>s Avoid djus yxk rc eSus mlls mldk dkj.k iwNk o 'kknh ds fy, dgk rks mlus dgk fd vki fodykax gS eS vkids lkFk 'kknh ugh dj ldrk A d`i;k eq>s U;k; fnykus dk d'V djsa A(E...
Rajuwa Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-03-2007
Reported in: 2008CriLJ881
S.R. Waghmare, J.1. This appeal has been filed by appellant-Rajuwa son of Nanuram Kushwah against judgment of conviction passed by Additional Sessions Judge, Indore, dated 8-11-1994 in Sessions Trial No. 427/92, convicting the accused under Section 324 of the I.P.C. and sentencing him to three years of rigorous imprisonment.2. Brief facts as alleged by the prosecution are that Babu and accused-Rajuwa were resident of North Toda, Indore and on the date of incident i .e. 26 8-1991, Babu Sonkar and Mukesh had gone to see the Gujaria fair and were returning home at 9.30 p.m., when near the Indore Development Authority building they found the accused standing there and he had a gupti (knife) in his hand and he threatened Babu Sonkar stating that Babu Sonkar had filed report to the Police Station, M.G. Road against his friend and only stating so, he suddenly plunged the knife into the stomach of Babu, threatening him to kill. As a result of which Babu Sonker fell down on the ground bleeding ...
Smt. Atibai and ors. Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Oct-01-2007
Reported in: 2008(2)MPHT76
ORDERBrij Mohan Gupta, J.1. Petitioners by Shri P.S. Bhadoriya, Advocate.2. Respondent/State by Shri B.D. Mahore, P.P. with Shri M.L. Gupta, Range Officer.3. This petition is for impugning the order dated 27-6-07 passed by ASJ, Sabalgarh in Criminal Revision No. 100/07 by which the learned Judge has affirmed an order dated 14-6-07 passed by JMFC, Sabalgarh in Criminal Case No. 296/07 whereby the learned Magistrate has rejected an application filed on behalf of the petitioners under Section 451/457 of Cr.PC for handing over Tractor No. MP 06 JA/3236 to them on Supurdgi with a trolley (hereinafter referred to as 'vehicle') seized by a Forest Officer for the offence punishable under Sections 27, 29, 32, 39(1)(d), 50 and 51 of Wild Life (Protection) Act, 1972 (hereinafter referred to as 'the Act').4. Facts as argued and as appeared from perusal of the copies of the relevant documents filed on behalf of the petitions, in brief are, that on 5-3-07 at about 4:00 a.m. (in the morning) during c...
Sarvajanik Jan Kalyan Parmarthik Nyas Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Oct-01-2007
Reported in: AIR2008MP86; 2008(1)MPLJ537
ORDERAbhay M. Naik, J.1. Facts involved in the petition are in very narrow compass. Petitioner purchased an immovable property from respondent No. 4 on 24-6-2005. Sale deed was executed by respondent No. 4 as revealed in Annexure/P-1 and was presented for registration before the Sub-Registrar, Bhopal. He referred it to the Collector of Stamps, who vide order dated 31-8-2005 directed for payment of deficit stamp duty to the extent of Rs. 97,13,400/-. An appeal was preferred before the Commissioner, Bhopal Division, Bhopal who vide his order dated 26-10-2005 reduced the amount of additional stamp duly to Rs. 54,86,897/-. This order was maintained by the Board of Revenue on 18-5-2006. Accordingly, the petitioner on 12-6-2006 deposited an additional stamp duty to the tune of Rs. 54,86,947/- vide challan dated 12th June, 2006. Nazul Officer, Bhopal (respondent No. 4) vide his communication dated 28-6-2006 informed the Collector of Stamps that the case with respect to the subject land propos...
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