Madhya Pradesh Court October 2012 Judgments
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Trust Jay Dayal Shriniwas Dharmshala Th:rajkumar Gidwani Vs. Municipal ...
Court: Madhya Pradesh
Decided on: Oct-31-2012
W.P.No.11382 / 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.2,82,541.38 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...
Moolchand Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
Moolchand versus State of M.P.& ORS.Writ Petition No.18091 31. 10.2012 Shri M. Pateriya, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Government Advocate for the State, on advance notice. Petitioner is working as daily wages employee on the post of Cook in the respondent's establishment and claims regularization in service on the ground that he has completed more than 20 years of service. He is working regularly since 1990 and is entitled to regularization in the light of principles laid down by the Supreme Court in the case of Secretary, State of Karnataka versus Uma Devi, 2006(4) SCC, 1, and the policies formulated by the State Government on 16/05/2007 and further on 06/09/08, claiming regularization, petitioner has filed this writ petition. Keeping in view the aforesaid contentions advanced by learned counsel for the petitioner, respondents are directed to examine case of the petitioner for regularization in accordance to policies and circulars of the State Govern...
Mohanlal Pandey Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
W.P.No.10171 / 2012 (Mohanlal Pandey ..Vs..State of M.P.& others.) 31-10-2012 Shri K.K.Agnihotri, learned counsel for the petitioner. Shri B.P.Pandey, learned Dy. G.A.for the State/respondents. Heard on the question of admission. The petitioner has filed this petition for relief of a direction/writ in the nature of habeas corpus for production of his daughter Ku. Sarinee Pandey who is missing since 12-3-2012. The respondents, after notice, have filed a return in the present petition wherein it has been stated that a missing persons Case No.4/2012 has been registered at P.S.Sagra, on 1-4-2012 and thereafter Crime No.19/12 under Sections 363 and 366 of the I.P.C.has also been registered by the police on 6-4-2012 against the respondent No.4 and the matter is under investigation. It is stated that in spite of the rigorous efforts the daughter of the petitioner could not be traced out till date, however, it is stated that the police authorities shall continue to make all efforts to trace ou...
Ram Lakhan Mishra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR (M.P.) W.A. NO.595/2012 Ram Lakhan Mishra, S/o Shri Shoukhilal Mishra, Aged about 21 years, By occupation: Secretary, R/o Gram Panchayat, Hariharpur, Tahsil Majhgawa, District Satna (M.P.) .....Appellant Vs.1. The State of Madhya Pradesh, Through: Secretary, Panchayat & Social Justice Department, Ministry, Vallabh Bhawan, Bhopal (M.P.) 2. Collector, Satna, District Satna (M.P.) 3. The Chief Executive Officer, Janpad Panchayat, Majhgawa, Tahsil Majhgawa, District Satna (M.P) 4. The Sub Divisional Officer, Majhgawa, District Satna (M.P.) 5. Gram Panchayat, Hariharpur, Through: The Sarpanch, Tahsil Majhgawa, District Satna (M.P.) 6. Shri Shashikant Vishwakarma, S/o Basantilal Vishwakarma, R/o Village Hariharpur, Tahsil Majhgawa, District Satna (M.P.) .....Respondents and W.A. No.596/2012 Ram Lakhan Mishra, Aged about 21 years, S/o Shri Shoukhilal Mishra, R/o Village Hariharpur Tahsil Majhgawa, District Satna (M.P.) .....Appellant Vs....
Param Lal Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
Param Lal Singh versus State & ORS.Writ Petition No.18038 / 2012 (s) 31.10.2012: Shri V.D.S.Chauhan, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Government Advocate for the State. Petitioner was working as a Teacher in Government School in Tagawar, Block Jaising Nagar, District Shahdol. A student of the school studying in class-VII one Shri Bihari Lal Kol met with an accident, he had drowned and died. It was found on enquiry that death of the child occurred due to negligence of petitioner and it was also found that petitioner has committed various irregularities in the matter of settlement of the insurance claim due to death of the child, as a result petitioner was suspended. A Charge-sheet was issued on 15.3.2012 for the allegations as are indicated hereinabove and petitioner in reply to the charge-sheet accepted his guilt and sought for being transferred, accordingly, under Rule 10(4) of the M.P.Civil Service (Classification, Control and Appeal) Rules stoppage of ...
Ramendra Singh Bundela Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
W.P.No.17810/2012 31.10.2012 Shri Shrikant Shrivastava, learned counsel for the petitioner. Heard on the question of admission. Issue notice of this writ petition to the respondents on payment of P.F.within 7 days by registered A.D.Notices be made returnable in six weeks. It is contended that in similar circumstances in other companies the age of superanuation has been enhanced but as far as the present company where the petitioner is working, no such decision has been taken, despite the fact that the State Government has specifically directed to make similar service conditions with respect to the employees working in different companies. Keeping in view that there is no amendment made in the service conditions of the company employees where the petitioner is serving, at present no interim protection can be granted. However, if such decision is taken by the respondents to enhance the age of superanuation, if the same is made with retrospective effect, the petitioner would be entitled t...
Nichakau Patel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
W.P.No.18147/2012 (Nichakau Patel versus State of M.P.& ors.) 31.10.2012 Heard Shri Shailendra Verma, learned counsel for the petitioner on the question of admission. The petitioner has filed this petition alleging that the respondent Nos.4 to 12, against whom an FIR has been registered as Crime No.187/12 at police Station Amiliya, District Sidhi are threatening and beating up the petitioner to force him to withdraw the same in respect of which the petitioner has filed a second complaint/FIR before the police authorities on 10.10.2012 but no action thereon has been taken by the police authorities not are they taking any steps to prosecute the respondents pursuant to registering of Crime No.187/12 and therefore it is prayed that appropriate directions be issued to the police authorities. In view of the aforesaid, the petition filed by the petitioner is disposed of with a direction to the respondent No.2, Superintendent of Police, Sidhi to look into the complaint of the petitioner and de...
Ganga Prasad Sah Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
W.P.No.12388 o31. 10.2012 Shri B.K.Bais, learned counsel for the petitioneRs.Shri Laleet Joglekar, learned PL for the respondent Nos.1 and 2. Shri P.N.Verma, learned counsel for respondent no.3. Heard on the question of maintainability as well as admission of this petition. The petitioners have filed this petition under Article 226 of the Constitution of India for issuing appropriate writ in the nature of Mandamus directing the authority of the respondents to pay them compensation as per current market value or allot the land in lieu of the land which has been acquisitioned to construct the road by such authority without adopting any recouRs.for acquisition of their land. Having heard the petitioneRs.counsel on admission, I have carefully gone through the petition as well as papers placed on record. The petitioners have filed this petition saying that they are owneRs.Bhumiswamis of the disputed land bearing kh. No.251/1, area 0.15 acres, situated in village Bilonjee, which is part of M...
Ratan Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-31-2012
HIGH COURT OF MADHYA PRADESH: PRINCIPAL SEAT AT JABALPUR (M.P.) Second Appeal No.1219 OF 201.Ratan Singh S/o Shri Heera Singh Bairan, aged 73 years R/o Sukludana, Ward No.5, Tahsil and District Chhindwara M.P........Appellant/Plaintiff Versus State of M.P.through Collector, Chhindwara M.P.Smt.Manju Verma, Counsel for appellant. Shri Vijay Pandey, Dy. Advocate General for respondent. ORDER (Passed on 31/10/2012) This appeal is directed against the judgment and decree dated 12.8.2010 passed by the 1st Additional Judge to the Court of 5th Additional District Judge (Fast Track Court).Chhindwara in Civil Appeal No.54-A/2009 by which an appeal preferred by the appellant against the judgment and decree dated 24.11.2008 in Civil Suit No.23-A of 2008 by 3rd Civil Judge Class-II, Chhindwara was dismissed. Both the Courts below have found that the appellant could not prove the Will allegedly bequeathed by Savitri Bai. It is also held that the appellant could not prove that he was an adopted son o...
Narmada Hydroelectric Development CorporatIn Vs. Grievance Redressal A ...
Court: Madhya Pradesh
Decided on: Oct-31-2012
1 W.P.No.16985 o31. 10.2012 Shri R.N.Singh, Senior Advocate assisted by Shri Arpan Pawar, counsel for the petitioner. Having heard on the question of admission, keeping in view the principle laid down by the Apex Court in the matter of NBA versus State of M.P.(2011) 7 SCC 63.and of this Court in the matter of NBA versus NHDC-2006(III) MPJR-218, it is directed that on payment of PF along with requisites of the registered post within three working days, notice against admission of this petition as well as interim relief, returnable by fixing a date within six weeks, be issued to respondents No.2 to 6, failing which this petition shall stand dismissed automatically without further reference to the Bench. Presence of respondent No.1 being the authority of passing the impugned orders Annx.P/8 to P/12, is not required, hence notice against such authority is hereby dispensed with. As an interim measure, till next hearing of this petition, it is directed that no coercive steps be taken against...
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