Madhya Pradesh Court October 2012 Judgments
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Rajesh Kumar JaIn Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-19-2012
1 W.P.No.17180 o19. 10.2012 Shri J.K.Jain, counsel for the petitioner. Smt Sheetal Dubey, GA for the respondents. Heard on the question of admission. The petitioner/appellant/accused has filed this petition under Article 226 of the Constitution of India for issuing appropriate writ in the nature of mandamus directing the respondents not to auction/sale the questioned vehicle (auto-rickshaw) being registration not M.P.-34-T-0155 before decision of the appeal No.344/B/121/11-12 pending in the Court of Commissioner, Jabalpur division. It is noted that such vehicle has been seized in connection of some offence registered under section 34(2) of the Excise Act as well as section 3/7 of the Essential Commodities Act and some orders promulgated by the State under the provision of section 3 of the Essential Commodities Act. Petitioner's counsel after taking me through the averments of the petition as well as the papers placed on the record, submits that in the available circumstances if before ...
Gaurav Rathore Vs. Murlidhar
Court: Madhya Pradesh
Decided on: Oct-19-2012
1 W.P.No.16475 o19. 10.2012 Shri Devendra Gangrade, counsel for the petitioner. Having heard on the question of admission, in the light of decision of the Apex Court in the matter of Amit Kumar Shaw and another versus Farida Khatoon and another-AIR 200.SC 2209.it is directed that o n payment of PF along with requisites of the registered post within seven working days, notice against admission of this petition as well as IA No.12891/12, returnable 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 further proceedings of Co.No.1-A/12 pending in the court of ADJ.Betul, is hereby stayed. C.C today. (U.C.Maheshwari) Judge MKL...
Rajendra Kumar Vs. Mishrilal
Court: Madhya Pradesh
Decided on: Oct-19-2012
Writ Petition No.7489/07. 19.10.2012 None for the petitioneRs.Shri I. Hussain, learned counsel for the respondent no.1. Shri S.S.Bisen, learned Govt. Adv.for the respondents no.2. This case is listed today for consideration of admission and interim relief, but in the absence of petitioners counsel such question could not be considered. It is noted that on earlier occasion this matter was listed on 5.10.2012 and on taking up the matter no one was present on behalf of the petitioners on which it was adjourned. Pursuant to it, it is listed today and same position that on taking up the matter no one is present to prosecute this petition. In such premises, it appears that the petitioner is no more interested in prosecuting this petition. Consequently this petition is hereby dismissed for want of prosecution. Certified copy as per rules. (U.C.Maheshwari) Judge Pb...
Oriental Insurance Co.Ltd. Vs. Mehtab
Court: Madhya Pradesh
Decided on: Oct-19-2012
1 M.A. No. 5118/2010 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. 53/2009, 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...
M/S Balaji Mines and Minerals Vs. Union of India
Court: Madhya Pradesh
Decided on: Oct-19-2012
W.P.No.15616 o19. 10.2012 Shri A. Dharmadhikari, learned counsel for the petitioner. Shri Vikram Singh, learned Standing Counsel for the UOI- respondent No.1. Shri S.S.Bisen learned Govt. Adv for respondent nos.2 and 3. Shri Manot Kushwaha, learned counsel for respondent no.4. None for respondent No.5, although served. Counsel for respondent Nos.1 and 4 seek for and are granted four weeks time to file the return in the matter. Considering such prayer the case is adjourned. Let this matter be listed in the week commencing 26.11.2012 meanwhile State's counsel may file the return. Interim order passed earlier is hereby continued till next hearing. ( U.C.Maheshwari ) Judge bks...
Union of India Vs. M.P. Electricity Regulatory Commission,
Court: Madhya Pradesh
Decided on: Oct-19-2012
1 W.P.No.17774/2012 Union of India versus M.P.Electricity Regulatory Commission & ORS.19.10.2012 Heard Shri Atul Chaudhary, learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 9.8.2012 passed by the Chairman and Member of the Madhya Pradesh Electricity Regulatory Commission, Bhopal and the order dated 12.9.2012 passed by respondent no.2 Superintending Engineer, Madhya Pradesh Poorva Kshetra Vidyut Vitran Company, seeking to recover electricity charges from the petitioner in view of the proceedings under section 126 of the Electricity Act (hereinafter referred to as 'the Act') initiated against the petitioner. It is submitted by the learned counsel for the petitioner that the Electricity Regulatory Commission has no power to entertain the proceedings under section 126 of the Act and as the petitioner is infact exempted under section 54 of the Act and has not committed any irregularity ...
Gau Seva Sangh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-19-2012
Writ Petition No.853/11. 19.10.2012 Shri Pranay Verma, learned counsel for the petitioner. Shri S.K.Shrivastava, learned P.L.for the respondents n.1 to 3. Shri Ashutosh Tiwari, learned counsel for the respondent no.4. I am apprised by the counsel present that pleadings of the parties are complete in the matter and pursuant to that, they pray to fix the matter for final hearing on any date. Considering the aforesaid, instead to hear the matter on admission, Office is directed to place this matter for final disposal by fixing a date on any Tuesday or Thursday in the month of December 2012, or January 2012. In such premises, I.A.No.7656/11, an application of the respondent no.4 for early hearing does not require any further consideration hence, the same is hereby disposed of. The interim order passed earlier is hereby continued till next hearing. (U.C.Maheshwari) Judge Pb...
Sunita Shrivastava Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-18-2012
Sunita Shrivastava versus State & ORS.W.P.No.17769/2012 18/10/2012 Shri V.K.Shukla, learned counsel for the petitioner. Shri A.P.Singh, learned counsel for Respondent No.5. Petitioner is working as a Panchayat Secretary and it is the grievance of the petitioner that she has been transferred from Gram Panchayat Amahiya, Block-Majhouli, District-Sidhi to Gram Panchayat Choohi, Block-Majhouli, District-Sidhi. By filing documents to contend that both Gram Panchayat Amahiya and Gram Panchayat Choohi have indicated that their respective secretaries be not transferred and seeking a direction to the Collector to consider the aforesaid representations of the Gram Panchayats and take a decision, petitioner has approached this Court. Shri A.P.Singh, learned counsel appears on behalf of Gram Panchayat Amahiya/ Respondent Np.5 and he makes a statement alone to contend that Gram Panchayat Amahiya has not made any representation or application as indicated by the petitioner and misusing the letter pa...
Babu Sab Vs. Municipal Corporation Burhanpur
Court: Madhya Pradesh
Decided on: Oct-18-2012
WRIT PETITION No.10226/20118. 10.2012 None for the petitioner. Perused the record. The claim is made by the petitioner that even after his superannuation from the service of the respondent and making application for payment of his retiral dues, nothing has been done, therefore, he is required to approach this Court by way of filing of this writ petition. It is contended that the issue raised in the present writ petition was considered by this Court in cases of Sandhya versus Municipal Corporation, Burhanpur, W.P.No.63/2008(S).Hukum Narayan versus Municipal Corporation, Burhanpur, W.P.No.7318/2007 (S) and Onkar versus Municipal Corporation, W.P.No.286/2009 (S).which were disposed of with a direction to consider the claim made by the persons like petitioner. It is contended that similar direction may be issued in respect of claim of the petitioner as well. In case of Sandhya (supra) this Court has issued following directions : The present petition has been filed by the petitioner seeking...
Sunil Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Oct-18-2012
IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Appeal No.1348/1999 Sunil VERSUS State of Madhya Pradesh --------------------------------------------------------------------------- Shri B.R.Koshta, counsel for the appellant. Shri Puneet Shroti, Panel Lawyer for the State/respondent. --------------------------------------------------------------------------- JUDGMENT (Delivered on the 18th day of October, 2012) The appellant has preferred this appeal against the judgment dated 17.4.1999 passed by the learned Sessions Judge, Chhindwara in S.T.No.106/1998, whereby the appellant was convicted for the offence punishable under section 376 of IPC and sentenced for 7 years' rigorous imprisonment.2. The prosecution's case, in short, is that, on 7.3.1998, the prosecutrix (P.W.4) went to graze her cattle near the field of one Chironji Katya, situated at village Hinotiya (Police Station Junnardev, District Chhindwara). At about 4 p.m. in the ev...
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