Madhya Pradesh Court November 2012 Judgments
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M.P. Ahirwar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-21-2012
M.P.Ahirwar versus State of MP and another 21.11.2012. Shri Sanjay Sanyal for the petitioner. Shri Rajesh Tiwari, Government Advocate, for the State. Petitioner is working as Principal, Higher Secondary School, Taricharkale, District Tikamgarh and by the impugned order-dated 13.7.2012, he has been transferred to Government Higher Secondary School Khirkhori, District Sidhi. Challenge to the order of transfer is made mainly on the ground of personal inconveniences of the petitioner due to his own ailment, ailment of his father aged more than 70 years and various other family probleMs.The grounds raised by the petitioner for assailing the order of transfer are the personal inconveniences of the petitioner, which prevents him from carrying out the order of transfer. On the grounds of personal inconveniences of an employee, judicial review of an administrative order of transfer being not permissible, I see no reason to interfere into the matter. Accordingly, granting liberty to the petition...
Birajlal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-21-2012
M.Cr.C. No. 4240/2012 21.11.2012 Shri Anand Nayak, counsel for the applicants. Shri Pramod Chourasia, PL for the State. None for the respondent No.2, though served. The applicants invoked extra ordinary jurisdiction of this Court for quashment of the trial pending against them in criminal case No.1776/2008 (State of MP versus Birajlal and others).Facts, in short, giving rise to this petition are that on 1.2.1999 complainant Mishrilal Kirar was lodged a report at police station Betul Bazar that applicant Baledev had dashed the cement column when he was reversing his tractor. For this incident, some quarrel took place between the complainant Mishrilal and applicants Baledev, Sukhdev, Birajlal, Nokhela. All these applicants said to have been assaulted the complainant Mishrilal and his wife Shivrati. It is also on record that on the same incident a report was lodged by applicant Birajlal that complainant Mishrilal abused and assaulted him. After due investigation, these applicants and comp...
Arun Kumar Patel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-21-2012
Arun Kumar Patel & ORS.versus State & ORS.W.P.No.7224/2012 21.11.2012 Smt. Gulab K. Patel, learned counsel for the petitioneRs.Shri Sanjeev Kumar Singh, learned P.L.for the State. Petitioners were candidates, who had submitted their candidature for participating in the selection process undertaken for appointment on the post of Patwaris. Initially, on the ground that the qualification of Post Graduate Diploma in Computer Application is granted to the petitioners by the Dr. C.V.Raman University, Bilaspur, their applications were rejected and they were not permitted to participate in the selection. The aforesaid act of the respondents was challenged in W.P.No.3919/2012 and on 21.3.2012, this Court found that the qualification acquired by the petitioners from the Dr. C.V.Raman University, Bilaspur is an appropriate qualification recognized for the purpose of participating in the process of the selection to the post of Patwari. Accordingly, based on various orders passed by this Court in t...
Executive Engineer Madhya Pradesh Grah Nirman Mandal Vs. Ku. Vrinda
Court: Madhya Pradesh
Decided on: Nov-21-2012
1 F.A.590/2012 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: HON'BLE SHRI JUSTICE A.K.SHRIVASTAVA F.A.No.590/2012 .........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. Ku. Vrinda, D/o Shri Rajendra Gupta, R/o Kachhhari 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 (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 P...
Brijlal Mishra Vs. Aditya Prakash
Court: Madhya Pradesh
Decided on: Nov-21-2012
W.P.No.18099/2012 (Brijlal Mishra versus Aditya Prakash and another) 21.11.2012 Shri Vipin Yadav, learned counsel for the petitioner. The learned counsel for the submits that in compliance of the order passed by this court on 02.11.12, the petitioner has filed the relevant documents on 05.11.2012. Heard on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 11.10.2012 passed in C.S.No.10-A/2010, whereby the petitioner's right to adduce evidence has been closed and on the defendants making a statement that they do not want to adduce evidence, the case has been listed for further ordeRs.At the same time, by the same order, the petitioner's application for amendment has been allowed. It is informed by the learned counsel for the petitioner that the matter is not listed today, i.e, 21.11.2012 for judgment. It is submitted by the learned counsel for the petitioner that the case had been listed before the court below for the pla...
Devendra Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-21-2012
W.P.No.19413/2012 (Devendra Singh versus State of MP and otheRs.21.11.2012 Heard Shri S.P.Tripathi, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition praying for quashing of the F.I.R.registered at Police Station Civil Lines, Rewa vide Crime No.293/10 and for a further direction to delete the name of the petitioner from the array of the accused from the charge sheet filed in Sessions Case No.209/11. It is stated by the the petitioner in the petition that he had previously filed a petition before this court under section 482 of the Cr.P.C.for the same relief which was registered as M.Cr.C.No.9750/12. The aforesaid petition was ultimately withdrawn and disposed of by this court on 06.08.2012 in the following terms:- Shri Atul Choudhary, Advocate for the petitioner. Shri RAhul Jain, G.A.for the respondent No.1-State. None for the respondent No.2. As prayed for, the petition, under Section 482 of the Code of Criminal ...
Gyanendra Pratap Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-21-2012
W.A.No.816/2011 21.11.2012 Shri Maninder S. Bhatti, Advocate for the appellant. Shri Vivek Agrawal, Government Advocate for respondents No.1 to 4. Shri Yogesh Soni, Advocate for respondent No.8. The office has raised an objection in respect of maintainability of this appeal. From the perusal of the impugned order, it appears that the learned Single Judge, while deciding the review application, allowed the review petition and the order passed in W.P.No.6651/2009 was recalled and the writ petition was dismissed. The aforesaid order appears to be an order under Article 226 of the Constitution of India and against such an order, a writ appeal under Section 2 of the Madhya Pradesh Uchch Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 lies. Accordingly, office objection is over ruled. Learned counsel appearing for the appellant submitted that against an order passed by the Sub Divisional Officer dated 19.10.2007, appellant herein preferred a revision before the Commissioner on 14.11.20...
Bhagwat Singh Vs. B.S. Chouhan
Court: Madhya Pradesh
Decided on: Nov-20-2012
Bhagwat Singh versus B.S.Chouhan and another. 20.11.2012. Shri Sidharth Datt for the applicant. Shri Rajesh Tiwari, Government Advocate, for the respondents. Keeping in view the nature of order passed by the writ court and the fact that against the closure report submitted under section 173 of the Code of Criminal Procedure before the Magistrate concerned, applicant has the remedy of objecting to the Magistrate and the Magistrate is empowered under law to proceed in the matter. No action is required to be taken for initiating any action for contempt. Instead, applicant can take recouRs.to the remedy available under the Code of Criminal Procedure itself for dealing with the matter. With the aforesaid liberty to the applicant, finding no case for initiating any action for contempt, this application is disposed of. Certified copy as per rules. (RAJENDRA MENON) JUDGE Aks/-...
Allahabad Bank Vs. Lokpal Singh and ors.
Court: Madhya Pradesh
Decided on: Nov-20-2012
1 F.A. 131/96 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: HON'BLE SHRI JUSTICE A.K. SHRIVASTAVA F.A. No.131/1996 .........Appellant/ Allahabad Bank, having its Head Office at Plaintiff:2. Netaji Subhashchandra Road, Calcutta and a Branch Office at Rampur Naikin, District Sidhi (M.P.) Versus .......Respondents 1. Lokpal Singh, Defendants: S/o Shri Laxman Prasad Singh 2. Smt. Suryawati Devi alias Arundevi, w/o Lokpal Singh 3. Ramniwas, S/o Shri Lokpal Singh, All residents of Village Madha, Tahsil Gopad Banas, District Sidhi (M.P.) 4. Kumudeshwar Singh, R/o Village Ambad, P.O. Madha, Tahil Gopad Banas, District Sidhi (M.P.) 5. Mahendra Pratap Singh, S/o not known, R/o. Village Ghatoghar, P.O. Jhanjh, District Sidhi (M.P.) --------------------------------------------------------------------------------------------- Appellant by - Shri D.D. Bhargava, Advocate Respondent No.3 by - Shri Harish Agnihotri, Advocate Other Respondents - None -----------------------------------------------...
Makhan Lal Ahirwar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Nov-20-2012
1 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR W.P. No.5098/2012 MAKHAN LAL AHIRWAR VS. THE STATE OF M.P. & OTHERS. Present: Honble Shri Justice Rajendra Menon. ----------------------------------------------------------------------------- Shri N. S. Ruprah, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Govt. Adv. for the respondents. ----------------------------------------------------------------------------- Whether approved for reporting: Yes/ No ORDER 20/11/2012: Challenging the order dated 15.2.2012 by which contract appointment of the petitioner is terminated (Annexure P/4), petitioner has filed this writ petition.2. Petitioner was appointed as a Sub Engineer on contract basis after due selection vide order Annexure P/1 dated 6.11.2006. As per the terms and conditions of appointment Clause 15 of the appointment order contemplates that if service of the petitioner which is on 2 contract basis is to be terminated on allegations which constitute miscondu...
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