Madhya Pradesh Court February 2009 Judgments
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Manoj Rajani and ors. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-12-2009
Reported in: AIR2009MP229; 2009(2)MPHT292
ORDERA.K. Patnaik, C.J.1. The petitioners are all residents of Dewas town in the State of Madhya Pradesh and have filed this writ petition under Article 226 of the Constitution as a Public Interest Litigation praying for directions to the Municipal Corporation, Dewas, and the Municipal Corporation, Indore, to supply 13 Lac Gallons of water per day for the residents of Dewas town.2. The facts briefly are that the Dewas town is situated on the banks of river Kshipra which dries up by the end of December every year and as a result the town faces acute shortage of water till the next rainy season. To take care of this shortage of water, the Municipal Corporation, Dewas, entered into an agreement with the Municipal Corporation, Indore, on 20-2-2002 whereunder the Municipal Corporation, Indore, was to supply 10 Lac Gallons of water per day from the Narmada Water Supply Scheme, to the Municipal Corporation, Dewas, at the rate of Rs. 1.75 per thousand liters. By an order dated 22-2-2001 the St...
Mangilal Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-12-2009
Reported in: 2009(2)MPHT357
ORDERDipak Misra, J.1. The centrirorial question that emanates for determination in this intra-Court appeal preferred under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 pertains to the commencement of the period of President of a Nagar Panchayat for the purpose of recall as envisaged under Section 47 (1) of the M.P. Municipalities Act, 1961 (for brevity 'the Act').2. Shorn of unnecessary details the facts which are imperative to be unfurled are that the present appellant was elected as President of Nagar Panchayat in an election held on June 16,2004 and the said election was notified on June 24, 2004. The first meeting of the Municipal Council was held on July 15, 2004. During the continuance of the petitioner as the President of the Nagar Panchayat, a proposal was mooted for his recall and the said application was entertained by the Collector in terms of Section 47 of the Act and was forwarded to the State Government for further appr...
Shivcharan Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-12-2009
Reported in: 2009CriLJ1291
ORDERS.S. Dwivedi, J.1. Applicant Shivcharan has filed Criminal Revision No. 119/09 aggrieved by the order dated 30-1-2009 passed by First Additional Sessions Judge, Guna in Sessions Trial No. 99/Q8, whereby ordered, for rejection of the written statement filed by the applicant/accused under the provisions of Section 233(2) of the Code of Criminal Procedure.2. Misc. Cri. Case No. 1107/09 has been filed by the defence counsel of the applicant/accused, aggrieved by the remark made by the trial Court against the defence counsel Prem Kumar Sood in the aforesaid order dated 30-1-2009 by the First Additional Sessions Judge, Guna.3-4. As in both these cases the impugned order dated 30-1-2009 passed by the trial Court is under challenge, hence both these matters are being decided commonly by this common order. Sessions Trial No. 99/08 pending before the First Additional Sessions Judge, Guna. On 30-1-2009 the case was fixed for recording of the statement of the accused under the provisions of S...
Siyabai Thakur (Smt.) Vs. M.P. State Electricity Board and ors.
Court: Madhya Pradesh
Decided on: Feb-11-2009
Reported in: AIR2009MP118; 2009(2)MPHT308
ORDER1. The petitioner is the President of Bheraghat Nagar Panchayat in District Jabalpur in the State of Madhya Pradesh and she has filed this writ petition as a Public Interest Litigation. She has stated that Bheraghat has been constituted as a Nagar Panchayat by a notification dated 27-5-1995 issued by the State Government under Section 5 (2) of the Madhya Pradesh Municipalities Act, 1961 (for short 'the Municipalities Act'), with the Villages of Bheraghat, Choukital, Bhadpura, Dalpatpur, Lamhetaghat and Gopalpur. She has stated that Bheraghat is a place for attraction to the tourists and the Bheraghat Nagar Panchayat is providing all facilities to the tourists in the area but power supply to the Bheraghat Nagar Panchayat area has been restricted by the respondent Nos. 1 to 4. The petitioner has, therefore, prayed for a writ of mandamus or other direction to the respondent Nos. 1 to 4 to supply electricity to the Bheraghat Nagar Panchayat area in the same proportion as is being supp...
Sunil Kumar Mishra (Dr.) Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Feb-11-2009
Reported in: 2009(2)MPHT288
ORDERA.K. Patnaik, C.J.1. The Indian System of Medicine and Homoeopathy, Madhya Pradesh, Bhopal issued an advertisement in May, 2007 inviting applications for filling up 200 posts of Medical Officers in Ayurved, Homoeopathy and Unani on contract basis at the Primary and Community Health Centres at district level under the scheme of National Rural Health Mission. The selection and appointment was to be governed by the Madhya Pradesh Ayurveda/Homoeopathy/Unani Medical Cadre Contract Service (Appointment and Conditions of Service) Rules, 2006 (for short 'the Rules of 2006'). In response to the advertisement, the petitioner amongst others applied, but the petitioner was not called for interview. Aggrieved, the petitioner has filed this writ petition for appropriate reliefs.2. Mr. P.K. Kaurav, learned Counsel for the petitioner submitted that before calling the candidates for interview, only the marks obtained by the candidates at the Graduate Degree level have been taken into consideration...
Motilal Pandey Vs. Kailash Pathak
Court: Madhya Pradesh
Decided on: Feb-10-2009
Reported in: 2009(3)MPHT346
A.K. Shrivastava, J.1. The Second Appeal has been filed at the instance of defendant who has lost from both the Courts below. The suit for injunction filed by plaintiff/respondent was decreed by the Trial Court and the appeal which was filed by the defendant has also been dismissed by the impugned judgment and decree.2. In brief the suit of plaintiff is that the parties to the suit are the resident of Village Hinotia (Bhui), Tehsil and District Jabalpur. The suit property is agricultural land, the description whereof has been mentioned in Para 2 of the plaint, is in possession of plaintiff Kailash Pathak. The defendant is trying to take illegal possession of the suit property. It has also been pleaded that on 5-7-1995 when plaintiff went to plough the field, defendant did not permit him and also gave threat to kill, hence, the instant suit for injunction has been filed. The basis of suit, according to the plaintiff, is the sale-deed which according to him, was executed by defendant in ...
Ajay Kumar Vs. Vijay Kumar and anr.
Court: Madhya Pradesh
Decided on: Feb-10-2009
Reported in: 2009(4)MPHT178
Shubhada R. Waghmare, J.1. This revision has been filed by petitioner Ajay Kumar s/o Nathulal being aggrieved by order dated 3-2-04 passed by the 13th ASJ, Indore in Criminal Revision No. 349/03, allowing the revision of respondents whereas it is important to note that another revision filed by the present petitioner Ajay Kumar bearing No. 442/02 was also decided by the same order and hence, initially the petitioner had filed an application under Section 482 of the Cr.PC, but the same was converted into criminal revision under Section 397 of the Cr.PC by order by this Court on 24-6-05.2. Be that as it may, since the revision has travelled a long route having been filed in the year 2004, it is taken up for final hearing on the ground that the petitioner has impugned only the order passed in Criminal Revision No. 349/03 filed by his brothers/respondents.3. Brief facts of the prosecution case are that complainant Ajay Kumar had moved a complaint against both his brothers Vijay Kumar and N...
State of M.P. and ors. Vs. Ram Kumar Pathak and anr.
Court: Madhya Pradesh
Decided on: Feb-10-2009
Reported in: (2010)ILLJ469MP
Arun Mishra, J.1. The instant writ petitions have been preferred by the State of M.P. and Others and also by the workmen aggrieved by an award dated April 27, 2007 directing the reinstatement without backwages of workmen Ram Kumar Pathak and Buddhsen Pathak.The workmen Buddhsen Pathak was employed as daily wager in the year 1988 whereas Ram Kumar Pathak was employed as daily wager in the year 1989. They continuously rendered services till September 7, 1999. As they were involved in the criminal case, they absented w.e.f. September 7, 1999, did not report till December 7, 1999, they had been arrested on December 3, 1999 and bail was granted to them on December 7, 1999. It was submitted by them that they submitted joining on December 7, 1999 and December 8, 1999. They had earlier sent application as to their absence as they were not well. Ultimately they were acquitted in criminal case, they were not taken back in service even after acquittal. When they filed representation, they were in...
Jagdish Prasad Vs. State of M.P. and anr.
Court: Madhya Pradesh
Decided on: Feb-09-2009
Reported in: 2009(2)MPHT459
ORDER1. Looking to the controversy involved in this case and with the consent of the parties, matter is heard finally.2. This petition is directed against the order dated 21-1-2009 by the Civil Judge Class II, Mehgaon in Civil Suit No. 47- A/2007 by which petitioner's objection in respect of the Commissioner's report was rejected.3. Learned Counsel for petitioner submitted that there was a dispute in respect of the boundary of petitioner's land on which respondents were intending to construct a road. Petitioner moved an application that the disputed area, where the construction was proposed, belongs to the petitioner and a commission was issued to ascertain the exact location of the disputed land. The Commissioner though demarcated the land but from one point, without ascertaining the fact that whether permanent marks/pillars were available and in case permanent marks were not available then he was under an obligation to affix three points from where he ought to have demarcated the lan...
Wazir Singh and ors. Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-09-2009
Reported in: 2009CriLJ2916
R.C. Mishra, J.1. This appeal has been preferred against the judgment dated 1-10-1994 passed by the Sessions Judge, Khandwa in S.T. No. 104/94 whereby each one of the appellants was convicted and sentenced as under:----------------------------------------------------------------------Convicted under Section Sentenced to----------------------------------------------------------------------342 read with Section 34 of the IPC undergo RI for six months----------------------------------------------------------------------147 of IPC undergo RI six months.----------------------------------------------------------------------304 Part II read with Section 149 undergo RI for three years.of IPC----------------------------------------------------------------------with the direction that the jail sentences shall run concurrently2. The prosecution story, in short, may be narrated as under:(a) At the relevant point of time, Motiram (since deceased) was residing in a house situated at the distance of ...
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