Madhya Pradesh Court July 2010 Judgments
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Diwan Singh S/O Bhawarlal. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-21-2010
1. Learned Additional Sessions Judge Begamganj, Raisen vide impugned judgment dated 10.4.2001 passed in Sessions Trial No. 124 of 2000 recorded conviction of accused/appellant under Section 302 of Indian Penal Code, sentenced him to undergo life imprisonment and fine of Rs. 500/-, in default he has to further undergo rigorous imprisonment for three months. Being aggrieved, the present appeal under Section 374 (2) of Code of Criminal Procedure has been preferred.2. Facts in brief are that complainant Naval Singh (PW1) and Hariram (since deceased) went to village Chandora. At about 1.00 a.m. complainant, Hariram and Narayan went to drink liquor at Motiakheda. When they were drinking liquor at the house of Pratap Banjara, appellant Diwan Singh and co- accused Bhairo Singh also reached there and all five persons consumed liquor together. When they all were proceeding towards Chandora, in the way near the Tapra of Kishanlal, Hariram (deceased) and appellant Diwan Singh quarreled on the disp...
Rewat Singh Maravi. Vs. State of Madhya Pradesh and Others.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-20-2010
1. Challenging the order annexure P-1 dated 15/12/08, passed by the Chief Executive Officer, Zila Panchayat, Dindori, cancelling appointment of the petitioner on the post of Panchayat Karmi and directed for appointment of respondent No.6 on the post in question, petitioner has filed this writ petition.2. Petitioner claims to be a graduate in arts subject and eligible for appointment on the post of Panchayat Karmi on the basis of marks obtained by him in the High School Examination i.e. 10+2, documents showing the qualification and marks obtained by the petitioner are annexure P-2. It is the case of petitioner that the Gram Panchayat Guraiya under Janpad Panchayat Shahpura, district Dindori issued an advertisement for appointment on the post of Panchayat Karmi vide annexure P-3. Applications were to be submitted between 25/07/07 to 02/08/07. 17 applications were received by the concerned gram panchayat. Appointments were to be made in accordance to the circular annexure P-4 dated 31/07/...
Shyam Narayan Sharma and ors. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-20-2010
1. In the instant writ appeal and the writ petitions, question involved is about the absorption of District Adult Education Officers (hereinafter referred to as "DAEOs") as Assistant Directors vide Order dated 9.4.1999. Further question involved is whether they are entitled to be promoted to the post of Deputy Director in view of the rules called M.P. Education Service (School Branch) Recruitment and Promotion Rules, 1982 (hereinafter referred to as the "Rules of 1982").2. Writ petition was filed by the appellant in writ appeal no.353/2007 in which prayer was made to quash decision dated 9.4.99 to absorb DAEOs and to assign them seniority as Assistant Director, Education, final gradation list had also been assailed. Further prayer was made to direct the respondents to convene the DPC for promotion to the post of Assistant Director and Deputy Director and to consider their names and the other eligible candidates ignoring DAEOs absorbed as Assistant Directors. Prayer was also made to tre...
H.S. Sahu. Vs. the State of Madhya Pradesh, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-19-2010
1- Challenging the order-dated 1.3.2006 Annexure P/6-A, petitioner has filed this writ petition. By the impugned order, an earlier order passed on 3.6.2005, granting pay in the scale Rs.4500-7000 has been cancelled and pay of the petitioner is fixed in a lower scale of Rs.4000-6000.2- Petitioner claims to be a Graduate having passed his B.Sc Examination. Thereafter, it is contended that he has passed MA, B.Ed and has also obtained a Diploma in Fine Arts from Government Polytechnic College, Jabalpur. On the basis of the aforesaid qualification he was appointed as an Artist in Agriculture Department, on 17.2.1979. He was initially posted at Narsinghpur and subsequently he was transferred to Jabalpur, where he was working, when this petition was filed. It is the case of the petitioner that on 4.11.2000, respondents had issued various orders in the matter of allocation of employees to the State of Chattisgarh. In the said list particulars of the employees, the post and the pay scales were ...
Mohd. Nadeem Alias Imran. Vs. State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-19-2010
1. Case diary of Crime No.869 of 2010 registered at Police Station Khurai, District Sagar for offence punishable under Sections 498-A, 323, 506(2) and 304-B of I.P.C is perused. The applicants have an apprehension of their arrest in relation to the aforesaid crime.2. History of the case in short is that a criminal trial was filed by the Police Station Khurai against the applicants for offence punishable under Sections 498-A , 323, 506(2) of I.P.C on 30.12.2008. On 11.1.2009 the complainant died at her parents house.3. Then an application under Section 216 of Cr.P.C was made before the trial Court to modify the charges and learned JMFC Khurai in Criminal Case No.1654/2008 vide order dated 14.6.2010 took the cognizance of offence punishable under Section 304-B of I.P.C and issued the arrest warrants against the applicants.4. Learned counsel for the applicants submits that initially case was filed for offence under Section 498-A of I.P.C and the complainant was taken to the house of her p...
Karamchari Avam Adhikari Sangh. Vs. M.P. State Seed Certification Agen ...
Court: Madhya Pradesh Jabalpur
Decided on: Jul-19-2010
1- Petitioner Association, representing the employees of M.P. State Seed Certification Agency, claim grant of the benefits of 5th Pay Commission's recommendation with effect from 1.1.96 as per the decision of the Board of Directors of the State Seed Certification Agency.2- Petitioner Association, a registered Association, claims to be representing the Officers and Employees working in M.P. State Seed Certification Agency, which is an Association constituted under section 8 of the Seed Act, 1966. It is an autonomous independent body managed by the Board of Directors. The case of the petitioners is that after the 5th Pay Commission's recommendations were accepted by the Government and implemented with effect from 1.1.1996. Employees working in various other Corporations like M.P. Van Vikas Nigam, M.P. State Civil Supplies Corporation, M.P. Housing Board etc claimed the benefit and in their cases the benefit of 5th Pay Commission's recommendation were granted with effect from 1.1.1996. Wh...
Mohd. Yunus, S/O Mohd. Yusuf, and ors. Vs. Devjani, Wd/O Ramtahal Pate ...
Court: Madhya Pradesh Jabalpur
Decided on: Jul-16-2010
1. The petitioners (defendants 1 to 4 and 6 to 10) have filed this petition under Article 227 of the Constitution of India assailing the orders passed by 2nd Civil Judge Class-II, Sihora in Civil Suit No.48-A/2008 dated 24/10/2009, by which the application filed by the plaintiffs under Order 12, Rule 2 of the Code of Civil Procedure has been allowed and the order dated 01/01/2010, by which the application filed by the petitioners under Section 151 of the Code of Civil Procedure seeking direction to produce the evidence of defendant No.5 first has been rejected.2. The plaintiffs/respondents 1 to 8 have filed a suit seeking declaration of title, possession and permanent injunction against the petitioners and respondent No.9 with respect to the land of Mouza Muskuri, Nazool Bandobast 687/639 Patwari Halka No.50/78, Division Khitola, Tahsil Sihora, District Jabalpur of Khasra No.100 area 1.084 hectare (hereinafter referred to as 'the disputed land'). The said land was purchased by defendan...
Vimal Rana, S/O Ramdayal Gujar, and ors. Vs. State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-16-2010
1. Since both the aforesaid appeals arise out of the common judgment passed by the trial Court, this judgment shall govern the disposal of both the appeals.2. Appellants have filed these appeals against the judgment dated 7.4.2006, passed by the Special Judge (Atrocities), Narsinghpur, in Special Case No.51/2004, convicting and sentencing them as under:- CONVICTION SENTENCE U/s 148 IPC R.I. for two years and fine of Rs.1,000/- each, in default R.I. for two months.U/s 323/149 IPC R.I. for one year and fine of Rs.500/- each, in default R.I. for one months.U/s 325/149 IPC R.I. for two years and fine of Rs.1,000/- each, in default R.I. for two months.U/s 302/149 IPC R.I. for life and fine of Rs.2,000/- each, in default R.I. for four months.3. According to prosecution, on 11.7.2003, at about 9.00 p.m., complainant Sitaram Kuchbandiya submitted a written report (Ex.P/2) to Station Officer of Police Station, Paloha that at about 8.00 p.m., when he was at Gadarwara, he received information tha...
Ashish Pastaria S/O Shri Ramakant Pastaria, and anr. Vs. Sh. Krishnaka ...
Court: Madhya Pradesh Jabalpur
Decided on: Jul-16-2010
1. This petition is directed against the order dated 7.4.2010 passed by XII Additional District Judge, Bhopal in Civil Suit No.122-A/2008, whereby the application filed by the petitioners under Order 1 Rule 10 of the Code of Civil Procedure has been rejected with the observation that the application has been filed after about two years and no document has been produced to show that the property in dispute is ancestral property, more so it is not clear that the suit property is the ancestral property, however, the applicant is free to file fresh suit seeking declaration independently.2. The facts in brief are that plaintiffs Krishnakant Pastaria, Ramakant Pastaria and Shashikant Pastaria have filed a suit against Narmada Prasad Pastaria (father of the plaintiffs), Harish Kumar Pastaria, Girish Kumar Pastaria (brothers) and Smt Asha Purohit and Smt Neelu Setia (sisters) for declaration and rendition of account. It is averred in the plaint that in village Bawadiakala, Tehsil Huzoor Distic...
Director, National Council of Education. Vs. Union of India Through Se ...
Court: Madhya Pradesh Jabalpur
Decided on: Jul-16-2010
1. This petition has been filed against the order dated 25 th November, 2008 passed by the Central Administrative Tribunal, Jabalpur Bench, whereby the Original Application No.126/2008 filed by respondent No.5 assailing the order of repatriation dated 13.2.2008 has been allowed by quashing the same.2. The respondent No.5 (herein) was applicant before the Central Administrative Tribunal who was appointed as Assistant Professor in National Institute of Technical Teachers Training & Research ( in short 'NITTTR'), Bhopal in 1986. On promotion as Professor, he was posted as Head of the Department, Centre for Rural Development NITTTR, Bhopal. The advertisement dated 29 th September, 2005 was issued by the Union of India inviting applications to the post of Joint Director in Pandit Sunderlal Sharma Central Institute of Vocational Education (in short "PSSCIVE"). The respondent No.5 had applied for the said post. After following due process, vide letter dated 06/03/2006 approval of his selectio...
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