Court : Madhya Pradesh
Reported in : AIR2009MP255
U.C. Maheshwari, J.1. The appellants/defendants being aggrieved by the judgment and decree dated 7-12-2005 passed by District Judge, East Nimad, Khandwa in Civil Regular Appeal No. 6-A/2004 affirming the judgment and decree dated 2-9-2004 passed by 1st Civil Judge Class-1, Khandwa in Civil Original Suit No. 31-A/2000, decreeing the suit of the respondent No. 1 for declaration, mandatory injunction and perpetual injunction against them, have filed this appeal.2. The facts giving rise to this appeal in short are that the respondent No. 1, herein being discipline and worshiper of Late Swami Chandrashekhar Nandji (hereinafter called as 'Swami Ji') filed a suit for declaration, mandatory injunction and perpetual injunction against the appellants and respondent No. 2 to 4 in the representative capacity with respect of a Tomb of said Swami Ji situated in the Tomb premises of Dadaji Dhuniwale at Khandwa contending that said Swami Ji being disciple of Late Dadaji Dhuniwale while the brother fel...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2010MP29
A.K. Patnaik, C.J.1. This appeal under Section 2(1) of the Madhya Pradesh Uchha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 is against the order dated 6th July, 2009 passed by the learned single Judge in Writ Petition No. 2670 of 2009, under Article 226 of the Constitution.2. The facts in brief are that the appellant is a student of M.Sc. Computer Science at S.M.S. Government Model Science College, Gwalior. In the second semester of the course,' he secured less than 36% in the aggregate in both theory and practical courses separately as well as less than 26% in the subject of Data Base Management Systems. He was, however, promoted to the third semester and he took the examination of the concerned' second semester in the subject of Data Base; Management Systems and secured 26% marks in the second semester. After completing the third semester examination, he was not allowed to sit in the fourth semester examination by the Jiwaji University, Gwalior keeping in view the provisio...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2010MP24; 2009(5)MPHT166
ORDERR.C. Mishra, J.1. This order shall govern disposal of I.A. No. 7/2009, which is an application, under Order 6 Rule 17 of the Code of Civil Procedure read with Section 87 of the Representation of the People Act, 1951, (for short 'the Act') for amendment by adding an additional relief of declaration that the petitioner himself has been duly elected to the State Legislative Assembly from Silvani Constituency.2. In this petition, under Section 80 read with Section 80-A of the Act, the validity of the election of the returned candidate, viz., respondent No. 1 has been challenged on the ground of an incorrect counting of votes. The result of the election was declared on 8-12-2008. Having lost the election by a narrow margin of votes, the petitioner, within the prescribed period of 45 days, presented the petition wherein the following reliefs have been claimed:(i) declaration that election of the returned candidates is void.(ii) direction for a recounting of votes.3. According to the pet...
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2009]97SCL383(MP)
ORDERViney Mittal, J.1. This order shall dispose of two writ petitions, being WP No. 1998 of 2001 and WP No. 1743 of 2001, as both the writ petitions have arisen out of the orders passed by the Insurance Ombudsman. WP No. 1998 of 2001 has been filed by Oriental Insurance Company Ltd. (hereinafter referred as the 'Insurance Company'), challenging the order dated 4-12-2000, passed by the Ombudsman, whereby the preliminary objection raised by the Insurance Company regarding the assumption of jurisdiction by the Ombudsman has been rejected, and also raising a further challenge to the award dated 10-4-2001, whereby the Ombudsman has directed the payment of Rs. 17,92,194, along with interest, to M/s. Ruchi Worldwide Ltd. (hereinafter referred as the 'complainant-company'). WP No. 1743 of 2001 has been filed by the complainant-company, requesting for a writ of mandamus and for issuance of directions to the Insurance Regulatory Authority of India, as well as the Insurance Company, to make the ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(4)MPHT333
A.K. Shrivastava, J.1. Feeling aggrieved by the judgment of conviction and order of sentence dated 15-12-2000 passed by learned First Additional Sessions Judge, Gwalior in Sessions Trial No. 362/1998 convicting the appellant under Section 302 of IPC and thereby sentencing him to suffer life imprisonment, this appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973.2. In brief the case of prosecution is that Lali (hereinafter referred to as 'the deceased') was the second wife of appellant. Six months prior to the date of incident (incident occurred on 20-6-1998), they got married. The first wife of the appellant was the real elder sister of the deceased and after her death, the second marriage was solemnized. On the fateful night, the appellant brought the deceased in J.A. Group of Hospitals, Gwalior at 3:55 hours in burning condition, but at 6:30 am she could not survive and succumbed to the burn injuries. When the deceased was alive, Dr....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2010(1)MPHT360
ORDERR.K. Gupta, J.1. Present petition is filed by the petitioner challenging the order (Annexure P-1), dated 30-10-2002, by which the State Government has directed that the respondent No. 4 shall be given promotion on the post of Revenue Inspector and he be posted along with lien with Municipal Council, Sabalgarh. By this order, it is also directed that till the respondent No. 4 is not retired from the services of the Municipality or promoted to next higher post, the post of Revenue Inspector shall not be treated as vacant for any purpose.2. Facts leading to the present case are that the petitioner is working on the post of Revenue Sub Inspector and is an employee of Municipal Council, Sabalgarh. So far as the respondent No. 4 is concerned, he is working as Revenue Sub-Inspector at Municipal Council, Kannod. The State Government has posted respondent No. 4 by granting promotion on the post of Revenue Inspector with Municipal Council, Sabalgarh with a direction that he will continue to...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(4)MPHT315
S.K. Gangele, J. 1. This first appeal has been filed under Section 96 of the Code of Civil Procedure by the appellants-plaintiffs against the judgment and decree dated 15-10-2004, passed by the First Additional District Judge, Gwalior in Civil Suit No. 03-A/2001.2. The plaintiffs filed a suit in representative capacity under Order 1 Rule 8 of Civil Procedure Code for declaration and permanent injunction. They pleaded that the temple of Hanumanji, Shivji, Parvatiji, Ganeshji, Nadiyaji and Bharonji, is situated at Indore Balon Ka Bada, Dal Bazar, Lashkar, Gwalior. The temple is hundred years old. An open space is also available around the temple. Number of persons used to come to worship at the temple. However, the defendant is trying to raise a construction over the place of temple. He is also trying to destroy the temple and convert the place of temple in a private property. The defendant No. 1, has an intention to construct a godown in place of temple. Initially, Rambabu Agarwal was a...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(4)MPHT250
K.K. Lahoti, J.1. This appeal is directed under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 assailing the order dated 14-11-2008 passed by the learned Single Judge in W.P. No. 386/2008.2. The learned Single Judge by the impugned order quashed the order of compulsory retirement of the respondent on the ground that the aforesaid order was not passed on the basis of screening of service record, but on a communication received from the Income Tax Department. The communication from the Income Tax Department was only an intimation with regard to the search and seizure conducted by it and informing the State Government to take an action in this regard.The allegations in the said communication were serious in nature. The appellant though was initially suspended and a charge-sheet was issued to him prior to receiving the communication, but on getting such communication, the State decided to retire the respondent compulsorily, without conducting ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP268
U.C. Maheshwari, J.1. The appellants defendants, being aggrieved by the judgment and decree dated 21-4-2007 passed by the District Judge, Betul in Civil Appeal No. 1 -A/07 whereby affirming the judgment and decree dated 31-3-2006 passed by Civil Judge Class-I, Betul in Civil Original Suit No. 48-A/05, decreeing the suit of the respondents No. 1 to 5 for declaration and perpetual injunction with respect of the agricultural land described in the plaint, granted an additional relief of possession of the disputed land beyond the pleadings in favour of the respondents under Section 151 of the CPC, have filed this appeal.2. The facts giving rise to this appeal in short are that respondent Nos. 1 to 5 herein filed the suit for declaration and perpetual injunction against the appellants with respect to the land bearing Survey No. 2 area 2.023 hectare, situated in village Durgapur Chopna, Tehsil Shahpur, District Betual. As per averments of the plaint the respondents/plaintiffs being natives of...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2010(1)MPHT284
ORDERS.C. Sharma, J.1. Regard being had to the similitude of the controversy involved in the aforesaid writ petitions, they were heard analogously together and disposed of by this singular order. For the sake of convenience, the facts in the case of W.P. No. 702/2007 (S) have been dealt with.2. The petitioner before this Court who is a practising Advocate has filed this present writ petition being aggrieved by the appointment of respondent No. 5, Munna Lal Dhakad and No. 6, Shyam Sunder Goyanar as notaries under the Notaries Act, 1952, read with the Notaries Rules, 1956 for the area of Kailaras, District Morena by an order dated 22nd December, 2006 (Annexure P-11) and 4th January, 2007 (Annexure P-12) respectively. The contention of the petitioner is that in the year 2007, a notification was issued by the State Government on 30th May, 1997 (Annexure P-2) inviting the applications for appointment of notaries in respect of Kailaras area, District Morena and the petitioner being a permane...
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