Madhya Pradesh Court October 2012 Judgments
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Smt. Vibha Vs. Rambharos
Court: Madhya Pradesh
Decided on: Oct-19-2012
1 W.P.No.16404 o19. 10.2012 Shri Sankalp Kochar, counsel for the petitioner. Having heard on the question of admission, in the available factual matrix, in the light of decision of the Apex Court in the matter of Tushar Kanti Bose and others versus Savitri Devi and otheRs.AIR 199.SC 275.so also of this Court in the matter of Prembai and others versus Ghanshyam and others -2010(3) MPLJ 34 which is based on the decision of the Apex Court in the matter of Haryana Waqf Board versus Shanti Swarup and others-(2008) 8 SCC 671.it is directed that on payment of PF along with requisites of the registered post within ten working days, notice against admission of this petition as well as IA No.12860/12, returnable within six weeks, be issued to the respondent, failing which this petition shall stand automatically without further reference to the Bench. As an interim measure, till next hearing of this petition, the further proceedings of Co.No.34-A/2012 pending in the Court of I Civil Judge Class- ...
Umesh Singh Vs. Union of India
Court: Madhya Pradesh
Decided on: Oct-19-2012
W.P.No.15810 o19. 10.2012 Ms.Durgesh Thapa, learned counsel for the petitioner. Shri Vikram Singh, learned Standing Counsel for respondent Nos.1 and 2. Shri S.S.Bisen learned Govt. Adv for respondent no.3 and 4. In the couRs.of arguments on IA No.887/12, petitioner's application for amendment, in response of some query of the Court, petitioner's counsel seeks permission to withdraw this IA with liberty to raise the alleged legal question on hearing of the petition. Considering such prayer the IA is hereby dismissed as withdrawn and not pressed with liberty, aforesaid. IA No.885/12, petitioner's application for delinking this matter from other similar writ petitions. Looking to the nature of dispute involved in this petition and other similar petitions, I am not inclined to allow this IA, hence the same is hereby dismissed. Let this matter be listed alongwith all similar matters which are listed today in the week commencing 19.11.2012 for admission as well as for interim relief and subj...
Oriental Insurance Company, Ltd. Vs. Bistlal
Court: Madhya Pradesh
Decided on: Oct-19-2012
1 M.A. No. 5113/2010 19.10.2012 Shri Gulab Shane, learned counsel for the appellant. Shri Arun Nema, learned Counsel for respondents. Heard. Aggrieved by Award dated 30.8.2010 passed by Second Additional Member to Fifth Additional Motor Accident Tribunal (Fast Track Court) Chhindwara in M.V.C No. 46/2009, appellant Insurance Company has filed this appeal under Section 173 of the Motor Vehicle Act, 1988 (hereafter referred as Act, 1988).Claim under Section 166 of Act, 1988 for compensation emanated from accident which occurred on 28.5.2006 when one Dumper bearing registration No. MP 04K1137 turned turtle resulting in death of Bhagwatibai, Vijai, Aslal alias Asharam, Ramkar and Basantibai and grievous injury to Ramavtar, a pillion rider of Motor Cycle got embroiled with the offending vehicle. The Claims Tribunal after appreciating the entire evidence on record came to hold that the offending vehicle being driven ra...
Oriental Insurance Companly Ltd. Vs. Bhaglu
Court: Madhya Pradesh
Decided on: Oct-19-2012
1 M.A. No. 5115/2010 19.10.2012 Shri Gulab Shane, learned counsel for the appellant. Shri Arun Nema, learned Counsel for respondents. Heard. Aggrieved by Award dated 30.8.2010 passed by Second Additional Member to Fifth Additional Motor Accident Tribunal (Fast Track Court) Chhindwara in M.V.C No. 39/2009, appellant Insurance Company has filed this appeal under Section 173 of the Motor Vehicle Act, 1988 (hereafter referred as Act, 1988).Claim under Section 166 of Act, 1988 for compensation emanated from accident which occurred on 28.5.2006 when one Dumper bearing registration No. MP 04K1137 turned turtle resulting in death of Bhagwatibai, Vijai, Aslal alias Asharam, Ramkar and Basantibai and grievous injury to Ramavtar, a pillion rider of Motor Cycle got embroiled with the offending vehicle. The Claims Tribunal after appreciating the entire evidence on record came to hold that the offending vehicle being driven ra...
Oriental Insurance Company Ltd. Vs. Ramavatar
Court: Madhya Pradesh
Decided on: Oct-19-2012
1 M.A. No. 5117/2010 19.10.2012 Shri Gulab Shane, learned counsel for the appellant. Shri Arun Nema, learned Counsel for respondents. Heard. Aggrieved by Award dated 30.8.2010 passed by Second Additional Member to Fifth Additional Motor Accident Tribunal (Fast Track Court) Chhindwara in M.V.C No. 40/2009, appellant Insurance Company has filed this appeal under Section 173 of the Motor Vehicle Act, 1988 (hereafter referred as Act, 1988).Claim under Section 166 of Act, 1988 for compensation emanated from accident which occurred on 28.5.2006 when one Dumper bearing registration No. MP 04K1137 turned turtle resulting in death of Bhagwatibai, Vijai, Aslal alias Asharam, Ramkar and Basantibai and grievous injury to Ramavtar, a pillion rider of Motor Cycle got embroiled with the offending vehicle. The Claims Tribunal after appreciating the entire evidence on record came to hold that the offending vehicle being driven ra...
Anil Kumar Agrawal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-19-2012
W.P.No.17583/2012 19.10.2012 Shri Pradeep Naveriya, learned counsel for the petitioner. Smt. Sheetal Dubey, learned Govt. Adv for the respondent No.1 and 4, on advance copy. Having heard on the question of admission, it is directed that on payment of PF alongwith requisite of registered post within seven working days, the notice against admission of this petition as well as interim relief, returnable by fixing a date within six weeks be issued to the respondents, failing which this petition shall stand dismissed automatically without further reference to the Bench. As an interim measure till next hearing of this petition the petitioner as well as respondent No.2 are directed to maintain the status quo with respect of the possession of the disputed property as well as with respect of the revenue record of the same. Till this extent the impugned order is hereby stayed. C c as per rules. (U.C.Maheshwari) Judge bks...
Varun Dwivedi Vs. Vandana Dwivedi
Court: Madhya Pradesh
Decided on: Oct-19-2012
1 W.P.No.16319 o19. 10.2012 Shri Brijendra Kushwaha, counsel for the petitioner. Heard on the question of admission. The petitioner has filed this petition under Article 227 of the Constitution of India for quashment of the order dated 3.8.12 (Annex.P/5) passed by the VII ADJ Rewa in Co.No.3-A/12 whereby allowing the application of respondent/ wife the petitioner has been directed to pay her Rs.1500/- per month as interim alimony so also to pay Rs.3000/- the litigation expenses. Having heard the counsel, after perusing the impugned order, in the available factual matrix, I have not found any infirmity, illegality, irregularity or any thing against the propriety of the law in the order impugned whereby the above mentioned interim alimony and litigation expenses has been awarded to the respondent. Consequently this petition being devoid of any merit, is hereby dismissed. C.C as per rules. (U.C.Maheshwari) Judge MKL...
Jay Kumar Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Oct-19-2012
HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT, JABALPUR SINGLE BENCH PRESENT: HON'BLE JUSTICE SHRI N. K. GUPTA CRIMINAL APPEAL NO.2202/1996 Jay Kumar Vs. State of Madhya Pradesh ........................................................................................................... For the appellant : Shri R. S. Patel, Advocate. For the respondent: Shri Ajay Tamrakar, Panel Lawyer ........................................................................................................... JUDGMENT (Delivered on the 19th day of October, 2012) The appellant has preferred this appeal against the judgment dated 1.11.1996 passed by the learned First Additional Sessions Judge, Chhindwara in ST. No.5/1995 whereby the appellant was convicted for offence punishable under Section 304-B and 498-A of I.P.C and sentenced for rigorous imprisonment of seven years and three years respectively.2. The prosecution's story, in short, is that Malukchand Kotwar (PW1) of Village Palatwada, Police Station Cho...
Shyam Kumar Sigotiya Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-19-2012
1 W.P.No.16563/2012 Shyam Kumar Sigotiya versus State of M.P.& ORS.19.10.2012 Heard Shri K.C.Ghildiyal, learned counsel for the petitioner, on the question of admission. Though several issues have been raised by the petitioner in the present petition, it is submitted by the learned counsel for the petitioner that the petition be disposed of with a direction to the respondent authorities to consider the representation filed by the petitioner before respondent no.2 and others on 27.11.2011 for considering the period of service rendered by him from 5.8.1993 to 29.2.1996 in the Water Resource Department for computing his total services in the Public Works Department, copies of which have been filed by the petitioner alongwith the petition as Annexures P-9, 10, 13 & 14. Shri B.P.Pandey, learned Dy. Govt. Advocate appearing for the respondent/State, submits that the representation filed by the petitioner shall be considered and decided in accordance with law. In view of the aforesaid, the pe...
Dr. Neena V. Patel Vs. Smt. Jyotsnaben P. Patel
Court: Madhya Pradesh
Decided on: Oct-19-2012
Writ Petition No.16527/12. 19.10.2012 Shri Brian De Silva, learned Senior Advocate assisted by Shri Priyankush Jain, counsel for the petitioner. Having heard on the question of admission, it is directed that on payment of P.F.along with requisite of the registered post within two working days, the notice against admission of this petition as well as of I.A.No.12965/12, returnable by fixing a date in the week commencing 5.11.2012, be issued to the respondents failing which, this petition shall stand dismissed automatically without further reference to the Bench. The interim prayer of the petitioner made in the I.A.No.12965/12, shall be considered only after receiving the service report of the said notices and not prior to that. However, it is observed that the proceedings which will be carried out by the trial Court before next hearing of this petition shall be subjected to any interim or final order of this petition. It is specifically observed that by way of this order, the trial Cour...
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