Madhya Pradesh Court October 2012 Judgments
Dr. G.D.Singh Vs. Dr. Raj Kappor Verma
Court: Madhya Pradesh
Decided on: Oct-31-2012
M.C.C.No.1004/2012 31.10.2012 Shri Pratyush Tripathi, Advocate for the applicants. It is submitted by the counsel for the applicants that he has moved an application seeking condonation of delay in filing this restoration application, a copy of which is made available to us. Considering aforesaid, we allow the application and condone the delay in filing this restoration application. It appears that because of the peremptory order passed in writ appeal, which was not complied with, the writ appeal was dismissed. It was submitted by Shri Tripathi that the order was complied with but belatedly. Considering the aforesaid factual aspect, we allow this restoration application and direct office to restore the Writ Appeal No.525/2012 to its original number and place before appropriate Bench. (Krishn Kumar Lahoti) (Smt. Vimla Jain) Judge Judge psm...
Tag this Judgment!Amar Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
Amar Singh versus State of M.P.& ORS.Writ Petition No.18159 31. 10.2012 Shri V.P.Singh, learned counsel for the petitioner. Shri S.S.Bisen, learned Government Advocate for the State. Petitioner is working as Panchayat Secretary and has been transferred from one Gram Panchayat to another in the same district Rewa under the same Janpad Panchayat Teonthar. Challenging the said transfer order petitioner earlier approached this Court in W.P.No.11763/2012 and on 8.8.2012 a Bench of this Court found that on the ground of personal inconvenience of petitioner interference into the matter is not called for. However, disposed of the writ petition directing the competent authority to consider and decide the representation of petitioner. In the earlier writ petition findings recorded by this Court was that the impugned order of transfer is not passed in violation of any statutory provision not the same suffers from vice of malafide. not the representation of petitioner is rejected, therefore, petit...
Tag this Judgment!Suresh Prasad Tiwari Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
Suresh Prasad Tiwari versus State & ORS.W.P.No.18167/2012 31/10/2012 Shri Jitendra Tiwari along with Shri R.P.Dwivedi, learned counsel for the petitioner. Petitioner is working as a Daily Rated Time Keeper in the Water Resources Department since 1982 and seeks regularization in service on the ground that he had worked for more than 12 years and he is entitled for regularization in accordance with the principles laid down in the case of Secretary, State of Karnataka versus Uma Devi (2006).SCC Page 1 and the circulars issued by the State Government in this regard. Keeping in view the grievance of the petitioner, respondents are directed to consider the case of the petitioner for regularization in accordance with the principles laid down in the case of Uma Devi (Supra) and the circulars issued by the State Government and decide the same within a period of three months from the date of receipt of certified copy of this order. Petition stands disposed of with the aforesaid. Certified Copy ...
Tag this Judgment!Ashok Kumar Golhani Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
1 W.P.No.18198/12 (s) 31/10/12 Shri V.D.S. Chauhan, learned counsel for the petitioner. Shri S.S.Bisen, learned Govt. Adv.for the State. Considering the fact that representation filed by the petitioner with regard to his transfer from one Gram Panchayat to another is pending before the competent authority, for the present, without entering into the controveRs.on merits, the competent authority is directed to decide the representation of the petitioner within a period of four weeks from the date of receipt of certified copy of this order and till the representation is so decided, status quo in the matter as is existing today shall be maintained. With the aforesaid, petition stands disposed of.C.C. as per rules. (Rajendra Menon) Judge Vy/-...
Tag this Judgment!Babulal Sakes Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
Babulal & ORS.versus State & ORS.W.P.No.18176/2012 31/10/2012 Shri V.C.Rai, learned counsel for the petitioneRs.Petitioners are working in the respondent's establishment since 1984 and claims regularization in service on the ground that they had worked for more than 12 years and they are entitled for regularization in accordance with the principles laid down in the case of Secretary, State of Karnataka versus Uma Devi (2006).SCC Page 1 and the circulars issued by the State Government in this regard. Keeping in view the grievance of the petitioneRs.respondents are directed to consider the case of the petitioners for regularization in accordance with the principles laid down in the case of Uma Devi (Supra) and the circulars issued by the State Government and decide the same within a period of three months from the date of receipt of certified copy of this order. Petition stands disposed of with the aforesaid. Certified Copy as per rules. (Rajendra Menon) Judge nd...
Tag this Judgment!Mohan Singh Chandel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
W.P.No.18545/2012 (Mohan Singh Chandel versus State of MP and another) 02.11.2012 Heard Shri P.L.Pandey, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 26.10.12 passed by the Commissioner, Jabalpur, Division Jabalpur whereby he has called for proceedings of no confidence motion against the petitioner on 03.11.2012. It is submitted by the learned counsel for the petitioner that out of 8 councillors who have signed the proposal, three appeared before the prescribed authority on 26.10.2012 and have stated that they do not want to press the no confidence motion against the petitioner inspite of which the respondent no 2 totally ignoring the same, has convened the no confidence motion on 03.11.2012 which is contrary to the provisions of M.P.Panchayat (Gram Panchayat Ke Sarpanch tatha Upsarpanch, Janpad Panchayat tatha Jila Panchayat ke Adhyaksh tatha Upadhyaksh ke Virudh Avishwas Prast...
Tag this Judgment!Krishna Kant Mishra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
Krishna Kant Mishra versus State & ORS.W.P.No.18092/2012 31/10/2012 Shri Mahendra Pateriya, learned counsel for the petitioner. Petitioner is working as an Assistant Sub Inspector in Panna and has been transferred. Keeping in view the fact that the representation filed by the petitioner is still pending, for the present without entering into the controveRs.on merit, the competent authority is directed to decide the representation of the petitioner after taking note of the documents Annexure-P3 in accordance with law by a speaking order within a period of four months. With the aforesaid, the petition stands disposed of. Certified Copy as per rules. (Rajendra Menon) Judge nd...
Tag this Judgment!Trust Jay Dayal Shriniwas Dharamshala Vs. Municipal Corporation Mundwa ...
Court: Madhya Pradesh
Decided on: Oct-31-2012
W.P.No.11383 / 2012 (Trust Jai Dayal Shriniwas, Katni---Vs..Municipal Corporation, Katni & another) 31-10-2012 Shri Sourabh Shrivastava and Shri Pratyush Tripathi, learned counsel for the petitioner. The petitioner has filed this petition being aggrieved by the show cause notice issued to the petitioner under Section 174(1) of the M.P.Municipal Corporation Act, 1956 (hereinafter referred to as the 'Act') dated 15-2-2012 asking the petitioner to deposit a sum of Rs.7852.20 towards the outstanding property tax and the subsequent demand notice and proposed attachment issued by the authorities under Sections 175/178 of the Act dated 11-7-2012. It is submitted by the learned counsel for the petitioner that the petitioner is a public charitable trust and is managing a Dharmashala situated in Katni which is exempted from levy of property tax under Section 136(e) of the Act. It is also submitted that the petitioner pursuant to the show cause notice under Section 174(1) of the Act had filed a r...
Tag this Judgment!Santosh Patel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
W.P.No.18047/2012 31.10.2012 Shri Ashok Agrawal, learned counsel for petitioneRs.Shri Vivek Sharma, learned Panel Lawyer, for respondents on advance copy. The petitioners claim grant of regular pay scale from the initial date of appointment. The benefit is claimed by the petitioners in the light of the order passed by the Division Bench at Indore Bench of this Court, in W.A.No.346/2008 (Smt. Usha Ranawat versus State of M.P.and others).dated 18-12-2008. By the aforesaid order passed, more than 25 writ appeals claiming similar benefits were decided and it was directed that the benefit of pay fixation in the regular pay scale from the initial date of appointment shall be made to the petitioners therein. In fact the Division Bench has upheld the orders passed by the learned Single Judge in various cases and while deciding the writ appeals in para-19 the following directions were issued by the Division Bench: 19. In view of the foregoing discussion, the appeal filed by writ petitions succe...
Tag this Judgment!Rajendra Patel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
SPECIAL LEAVE PETITION PREFERRED AGAINST THE ORDER AND REGISTERED AS SLP(CRI.) NO.393/13 HAS BEEN DISMISSED BY THE APEX COURT ON 21.1.2013. MCrC No.9191/2012 31/10/12 Shri Anil Khare, Senior Counsel with Shri Manikant Sharma, Advocate for the applicant. Shri P.K.Kaurav, Dy. A.G.for respondentState. Shri Shashank Verma, Advocate for Ramvilas, the brother of deceased. I.A.No.19657/12 for taking additional documents on record is allowed. Arguments heard. This is the third application for grant of bail. The fiRs.application (MCrC No.12522/11) was dismissed on merits vide order dated 16/11/2011 passed by another Bench of this Court whereas the second one (MCrC No.725/12) was dismissed by this Bench in absence any material change in the circumstances of the case. After being arrested in connection with Crime No.4/2011 registered at P.S.Timarni, Distt. Harda in respect of the offences punishable under Sections 147, 148, 323, 506 and 302 read with 149 of the IPC and Section 25 read with 27 of ...
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