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Madhya Pradesh Court November 2012 Judgments

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Nov 21 2012

Executive Engineer Madhya Pradesh Grah Nirman Mandal Vs. Aditya

Court: Madhya Pradesh

Decided on: Nov-21-2012

1 F.A.599/2012 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: HON'BLE SHRI JUSTICE A.K.SHRIVASTAVA F.A.No.599/2012 .........Appellant: Executive Engineer, Madhya Pradesh Grah Nirman Mandal, Project Division, Chhindwara,Through Assistant Engineer, M.P.Grah Nirman Mandal Project, Sub- Division, Seoni District Seoni, M.P.Versus .......Respondents:1. Aditya, S/o Shri Devendra Gupta, R/o South Civil Lines, Jabalpur through Power of Attorney Holder Shri Rajendra Gupt, S/o Late Shri Narayandas J.Gupt, Occupation Advocate/Agriculturist, R/o Kachahri Chowk, Seoni, District Seoni.2. Land Acquisition Officer, for Collector (Land Acquisition) Seoni, District Seoni, M.P.--------------------------------------------------------------------------------------- Appellant by - Shri Rakesh Jain, Advocate Respondents no.1 by - Shri Ravi Ranjan, Advocate Respondent no.2 by - Shri Rahul Jain, Govt. Advocate --------------------------------------------------------------------------------------- ORDER (2...


Nov 21 2012

Mahila Pana Bai Vs. the Commissioner

Court: Madhya Pradesh

Decided on: Nov-21-2012

W.P.No.9416/2010 (Mahila Pana Bai and another versus The Commissioner Division, Sagar and otheRs.21.11.2012 Shri Sanjay Patel, learned counsel for the petitioneRs.Shri Sankalp Kochar, learned counsel for the respondent No.3. Heard. The petitioners have filed this petition being aggrieved by order dated 28.06.2010 passed by the Commissioner, Sagar in Appeal No 277/A/89/2009-10. Admittedly, as pointed out by the learned counsel appearing for the respondent No.3, the petitioners have an alternative efficacious statutory remedy of approaching the State against the impugned order under the provisions of the M.P.Panchayat (Appeal and Revision).Rules, 1995. Quite apart from the above, as the issues involve several disputed questions of fact which cannot be gone into by this court under Articles 226/227 of the Constitution of India, therefore, the petition filed by the petitioners is disposed of with liberty to the petitioners to approach the State Government by taking up appropriate proceedin...


Nov 21 2012

Unknown Vs. Shri S.P. Singh, Learned Senior Counsel with Shri P.S.

Court: Madhya Pradesh

Decided on: Nov-21-2012

ashok kumar versus state of m.p.W.P.No.4287/2011 21/11/2012 Shri V.K.Shukla, learned counsel for the petitioner. Shri B.P.Pandey, learned Dy. Govt. Adv.for the respondents. Petitioner has filed this writ petition challenging the action of the respondents in not granting regularization to the petitioner and denying to the petitioner the appropriate pay scale on the post of Telephone Operator. Even though petition is pending since 2011, respondents have not filed any reply. By filing I.A.No.11704/2012 learned counsel for the petitioner points out that petitioner is working since 1998 and even after rejection of his claim for regularization many persons similarly situated have been appointed and they have been granted minimum of the scale of the post in which they are working vide Annexures PI-1, PI-2, PI-3, PI-4 and PI-5. As similar benefit is denied to the petitioner, the petitioner seeks for the same benefit which has been granted to various similarly situated employees by virtue of th...


Nov 21 2012

Prem Narayan Sen Vs. B.R. Naidu

Court: Madhya Pradesh

Decided on: Nov-21-2012

Prem Narayan Sen versus B.R.Naidu and others 21.11.2012. Shri V.P.Nema and Shri HaRs.Gupta for the applicant. Interalia contending that certain directions issued by this Court on 17.9.2012, in Writ Petition No.15476/2012, has not been complied with, this application has been filed for initiating action for contempt. Applicant is working as a Peon in the Integrated Child Development Project and has been transferred from District Sagar to District Damoh. Challenging the order applicant approached this Court in Writ Petition No.15476/2012 and after taking note of the averments made, this Court found that on the grounds raised, no case is made out for interfering into the order of transfer, but as representation of the applicant was pending, the petition was disposed of directing the competent authority to consider and decide the representation of the applicant. However, while disposing of the writ petition, status quo as was existing on 17.9.2012, was directed to be maintained. Interalia ...


Nov 21 2012

Executive Engineer Madhya Pradesh Grah Nirman Mandal Vs. Rajendra Kuma ...

Court: Madhya Pradesh

Decided on: Nov-21-2012

1 F.A.587/2012 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: HON'BLE SHRI JUSTICE A.K.SHRIVASTAVA F.A.No.587/2012 .........Appellant: Executive Engineer, Madhya Pradesh Grah Nirman Mandal, Project Division, Chhindwara,Through Assistant Engineer, M.P.Grah Nirman Mandal Project, Sub- Division, Seoni District Seoni, M.P.Versus .......Respondents:1. Rajendra Kumar Sharda, S/o Vijaykaran, Retired Air Force Officer, R/o Jaipur (Rajasthan) 2. Land Acquisition Officer, for Collector (Land Acquisition) Seoni, District Seoni, M.P.--------------------------------------------------------------------------------------- Appellant by - Shri Rakesh Jain, Advocate Respondents no.1 by - Shri Ravi Ranjan, Advocate Respondent no.2 by - Shri Rahul Jain, Govt. Advocate --------------------------------------------------------------------------------------- ORDER (21/11/2012) 1. This appeal under Section 54 of the Land Acquisition Act, 1894 has been filed on behalf of the appellant- Executive Engineer,...


Nov 21 2012

Kunwarji Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Nov-21-2012

IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Appeal No.1566/1997 Kunwarji VERSUS State of Madhya Pradesh --------------------------------------------------------------------------- Shri Satyam Agrawal, counsel for the appellant. Shri G.S.Thakur, Panel Lawyer for the State/ respondent. --------------------------------------------------------------------------- JUDGMENT (Delivered on the 21st day of November, 2012) The appellant has preferred this appeal against the judgment dated 16.7.1997 passed by the learned First Additional Sessions Judge, Sehore, Camp at Ashta in S.T. No.40/1995, whereby the appellant was convicted for the offence punishable under section 324 of IPC and sentenced for 1 year's rigorous imprisonment with fine of Rs.1,000/- and in default of payment of fine, 1 month's simple imprisonment was also directed.2. The prosecution's case, in short, is that, on 14.11.1994, at about 1.30 p.m., the victim Shankar (P.W.2) ...


Nov 21 2012

Executive Engineer Madhya Pradesh Grah Nirman Mandal Vs. Rohit Gupt

Court: Madhya Pradesh

Decided on: Nov-21-2012

1 F.A.591/2012 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: HON'BLE SHRI JUSTICE A.K.SHRIVASTAVA F.A.No.591/2012 .........Appellant: Executive Engineer, Madhya Pradesh Grah Nirman Mandal, Project Division, Chhindwara,Through Assistant Engineer, M.P.Grah Nirman Mandal Project, Sub- Division, Seoni District Seoni, M.P.Versus .......Respondents:1. Rohit Gupt, S/o Rajiv Gupt, R/o Behind Alankar Talkies, Nagpur (Maharashtra) 2. Land Acquisition Officer, for Collector (Land Acquisition) Seoni, District Seoni, M.P.--------------------------------------------------------------------------------------- Appellant by - Shri Rakesh Jain, Advocate Respondents no.1 by - Shri Ravi Ranjan, Advocate Respondent no.2 by - Shri Rahul Jain, Govt. Advocate --------------------------------------------------------------------------------------- ORDER (21/11/2012) 1. This appeal under Section 54 of the Land Acquisition Act, 1894 has been filed on behalf of the appellant- Executive Engineer, Madhya Prad...


Nov 21 2012

Vijay Langda Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Nov-21-2012

W.P.No.3594/2007 (Vijay Langda versus State of MP and otheRs.22.11.2012 Shri Mohd. Ali, learned counsel for the petitioner. Shri S.S.Bisen, learned G.A.for the State. This petition had been filed by the petitioner being aggrieved by the proceedings taken up against the petitioner in case No.43/07 under section 110 of the Cr.P.C.It is informed by the learned counsel for the petitioner that the proceedings had been closed on 05.05.2009 and therefore, nothing further survives for adjudication in the present petition except for the fact that the petitioner is entitled to refund of the amount deposited by him before the competent authority as per order dated 27.02.2007. The learned Government Advocate appearing for the State submits that the petitioner may apply before the competent authority for refund of the amount and in case he does so, the authority concerned shall consider the same in accordance with law. In view of the aforesaid statement of the learned counsel for the parties, the p...


Nov 21 2012

Ram Sujan Shukla Vs. Principal Secretary the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Nov-21-2012

Ram Sujan Shukla versus State of MP and two otheRs.21.11.2012. Shri V.K.Dubey for the petitioner. Shri V.P.Tiwari, Panel Lawyer, for the State. Petitioner was working as a Revenue Inspector. He was appointed on 30.6.1992. However, because of his involvement in an offence punishable under the provisions of Section 13 of the Prevention of Corruption Act, he was suspended on 16.8.1993. He was put to trial and the Special Judge, Satna in Special Case No.3/93 vide judgment dated 16.9.1994 convicted the petitioner for having committed an offence under section 7 read with sections 13(1)(d) and 13(2) of the Prevention of Corruption Act and sentenced him to undergo imprisonment and fine for various periods. In view of the aforesaid conviction of the petitioner by the court below, he was removed from service on 21.12.1998. In the meanwhile, petitioner challenged his conviction in Criminal Appeal No.1134/1994 and a Bench of this Court, on 14.7.2008, acquitted the petitioner of the charges in the ...


Nov 21 2012

Dwarka Prasad Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Nov-21-2012

HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR Criminal Appeal No.2047/1996 Dwarka Prasad Vs. The State of Madhya Pradesh Counsel for the appellant : None Counsel for the resp./State : Shri Swapnil Gangully, Panel Lawyer. Present : Honble Mr. Justice Alok Aradhe JUDGMENT (21.11.2012) The appellant has been convicted under Section 329 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for a period of three years with fine of Rs.1,000/- and in default of payment of amount of fine simple imprisonment for a period of three months, by the impugned judgment dated 12.10.1996 passed in Sessions Trial No.32/1996 by First Additional Sessions Judge, Tikamgarh.2. The prosecution case is that on 30.3.1996 at about 10 p.m., when the victim namely Bagirath was at his field, the appellant went to him and demanded a sum of Rs.1,00,000/-. The appellant gave threat of life to the victim. Thereafter, the appellant assaulted the victim with lathi. The police after com...


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