Madhya Pradesh Court July 2010 Judgments
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Ku.Krishna Kumari. Vs. the Collector, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-05-2010
1. Challenging the order passed by the Additional Collector, as contained in annexure P-5 dated 11/07/08, petitioner has filed this writ petition. In a process of selection conducted by the Gram Panchayat in question for appointment on the post of Panchayat Karmi, a resolution was passed recommending for appointment of the petitioner as Panchayat Karmi, the aforesaid resolution was challenged by respondent No.4 before the Sub Divisional Officer under the M.P. Panchayat (Appeal and Revision) Rules, 1985, the Sub Divisional Officer having dismissed the appeal, respondent No.4 challenged the same in a revision before the Additional Collector and the Additional Collector having allowed the revision and having quashed the order of appointment of the petitioner, petitioner has filed this writ petition.2. The only ground raised in this writ petition is that the appeal against the resolution before the Sub Divisional Officer was not maintainable, it is pointed out that what was challenged befo...
Mohammad Shafiq @ Munna @ Shari S. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-05-2010
1. Learned IV Additional Sessions Judge, Bhopal, has award the sentence of death to respondent/accused and has made reference of the proceedings to this Court for confirmation of the death sentence passed by the impugned judgment. The appellant has challenged the conviction and the sentence of death and other sentences awarded to him by the trial court. Since the reference and the appeal arise out of the same impugned judgment, both are being disposed of by this common judgment.2. Appellant Mohd. Shafiq has filed the appeal against the judgment dated 18.1.2010, passed by the IV Additional Sessions Judge, Bhopal, in Sessions Trial No.329/2009, convicting him under Sections 302, 307 and 309 of the Indian Penal Code and sentencing him to death for committing murders of Sanjida, Rubina and Amina with fine of Rs.3000/-, rigorous imprisonment for 10-10 years with fine of Rs.1000/- - 1000/- on two counts and simple imprisonment for one year, on each count respectively. Sentences of imprisonme...
Vinod Kumar Khare. Vs. the State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-05-2010
1. Shri Puneet Shroti, Panel Lawyer, for the respondents. Challenging the order-dated 4.11.2003 Annexure P/10, by which claim of the petitioner for grant of compassionate appointment has been rejected, petitioner has filed this writ petition. Petitioner's father Late Shankar Dayal Khare was working as a First Grade Clerk in the Excise Department. He died in harness on 17.5.94, as is evident from the death certificate Annexure P/1. On the date when his father died petitioner was a minor and, therefore, he could not seek compassionate appointment. When he attained majority after five years, in the year 1999, he submitted an application seeking compassionate appointment. The application was forwarded by the Excise Officer vide Annexure P/2. Petitioner was considered for compassionate appointment, initially for appointment on the post of constable. However, as he failed in the fitness test, he was found unfit for appointment as Constable. Documents in this regard are Annexures P/3 and P/4....
Gurudayal GuptA. Vs. Satpura Narmada Kshetriya GramIn Bank, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-02-2010
The petitioner has filed this petition being aggrieved by order dated 25-3-1996 and order dated 23-11-1995 by which two separate punishments have been imposed upon the petitioner.2. The brief facts leading to the filing of the present petition are that the petitioner was working in the establishment of the respondent-bank as senior clerk/cashier in Sohagpur Branch of District Hoshangabad. On 10-8-1990/15-9-1990 a charge sheet was issued to the petitioner levelling six charges upon him. The first charge related to misbehaviour with his senior officer, the second charge related to an incident when the petitioner snatched and tore a draft, the third charge was of refusing to sign the manifold, the charge No. 4 was dereliction and negligence in performance of duty, charge No. 5 was to the effect that the petitioner refused to carry out orders without being given the same in writing and the charge No. 6 was that his behaviour with his colleagues was not proper.3. The petitioner filed his re...
Dr. N.N. Pathak. Vs. the State of Madhya Pradesh, and ors.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-02-2010
1- Petitioner, who is substantively holding the post of Professor (Forestry) and is Head of Department of Forestry in Jawaharlal Nehru Krishi Vishwa Vidylaya (hereinafter referred to as 'JNKVV'), Jabalpur has filed this writ petition challenging the order-dated 28.2.2009, passed by the University transferring him as Professor and Head of the Department, College of Agriculture, Ganj Basoda, District Vidisha. He is also challenging the order by which the current duties and charge on the post of Dean, College of Agriculture, Ganj Basoda is granted to him. Interalia contending that many persons junior to him and who were officiating on the post of Professor, by virtue of the Career Advancement Scheme are holding superior posts in the Headquarters of the University at Jabalpur and petitioner is being singled out and posted to a college at Ganj Basoda, District Vidisha, challenge is made to the impugned action.2- It is the case of the petitioner that he was selected in accordance to the rule...
Munna and ors. Vs. State of Madhya Pradesh.
Court: Madhya Pradesh Jabalpur
Decided on: Jul-01-2010
1. All the six appellants have preferred this appeal challenging their conviction and order of sentence passed by First Additional Sessions Judge, Raisen in ST No.128/92 decided on 15/6/1994.2. All the appellants except appellant Munna are convicted for offence under Sections 147, 307 read with Sections 149 and 342 of IPC and sentenced for rigorous imprisonment of 6 months, 3 years and 3 months respectively, whereas appellant Munna has been convicted for offence under Sections 148, 307 and 342 of IPC and sentenced to rigorous imprisonment of 1 year, 3 years and 3 months respectively.3. During the pendency of this appeal, appellant Prakash was found missing since last 12 years and therefore it is presumed under Section 108 of Evidence Act that he is no more and vide order dated 5/4/2010 his appeal has been dismissed as deemed to have been abated.4. According to the prosecution, on 2/3/1991 at about 3:00 AM in the morning, complainant Hari Narayan (PW-5) was sleeping with his brother Kas...
Nagar Panchayat Kymore. Vs. S.Goenka, and anr.
Court: Madhya Pradesh
Decided on: Jul-01-2010
1. Shri Adarsh Muni Trivedi, learned Senior Counsel with Shri Sudhakar Patel learned counsel for the petitioner. Shri Umesh Trivedi, learned counsel or the respondent No. 1.2. Shri Harish Agnihotri, learned Govt. Advocate for respondent No. 2. Challenge put-forth in this petition under Article 226/227 of the Constitution of India is to an order dated 3.11.1999 whereby, Collector, Katni on an application under Section 131 and 132 of M.P. Municipalities Act, 1961, against the demand raised under Section 164 (1) of the Act of 1961, has quashed the demand notice.3. Facts briefly are that, the State Government of Madhya Pradesh in pursuance to the powers conferred by clause (a) and (b) of sub-section (2) of Section 127, Sub-section (1) of Section 355 and sub-section (5) of Section 356 of the Madhya Pradesh Municipalities Act, 1961 framed the rules for the assessment and collection of terminal tax within the limits for Kymore Municipality; viz, Kymore Municipality Terminal Tax on Export of a...
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