Madhya Pradesh Court December 2012 Judgments
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Sahab Singh @ Rakesh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-13-2012
Cr.A.No.1570/2011 13.12.2012 Shri P.S.Tiwari, learned counsel for the appellant. Shri Laleet Joglekar, learned PL for respondent-State. Heard on IA No.22822/12, appellant's repeat application for suspension of his remaining jail sentence and grant of bail as his earlier application in this regard was dismissed as withdrawn, vide order dated 9.1.2012. Accordingly no application has been decided on merits. The appellant has been convicted and sentenced under Sections 363, 366 and 376 of IPC for RI five years with fine of Rs.1000/- in the fiRs.count, for RI seven years with fine of Rs.1000/- in the second count and for RI ten years with fine of Rs.1000/- in the last count. As per record he was remained in judicial custody for entire trial between 3.7.2010 till passing the impugned judgment on 29.6.2011 and since then he is facing the awarded jail sentence and in such premises he has suffered near about two years and five months in jail. Having heard the counsel, perused the depositions of...
Ashok Kumar JaIn Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-13-2012
1 HIGH COURT OF MADHYA PRADESH : JABALPUR WRIT PETITION No.13340 OF 200.(s) Shri Ashok Kumar Jain Petitioner versus State of M. P. and another Respondents Present : Hon'ble Shri Justice Rajendra Menot Hon'ble Shri Justice Alok Aradhe ........................................................................................................ Shri R. P. Agrawal with Shri Sanjay Agrawal for the petitioner. Smt. Nirmala Nayak for respondent No.1. .................................................................................................... ORDER (13/12/12) As per Rajendra Menon, J:- Petitioner a retired Judicial Officer having retired from the post of Distt. Judge had filed this writ petition on 19th September, 2007 and his grievance was that he has been granted seniority in the cadre of Distt. Judge w.e.f. 7/08/98 and not from 4/10/97.2. Even though, the writ petition was filed on 19/09/07. It is yet to be admitted and even notices have not been issued. That being so, learned Sr. Counse...
Middle India Radhasoami Charitable Society Vs. Harru
Court: Madhya Pradesh
Decided on: Dec-13-2012
W.P.No.3401/2012 13.12.2012 Shri Rajendra Tiwari, learned Sr.Adv assisted by Shri Imtiaz Hussain, learned counsel for the petitioner. Shri J.K.Verma, learned counsel for respondent Nos.1 to 36. Shri Laleet Joglekar, learned PL for respondent No.37. Heard on IA No.15292 and IA No.15689/12 petitioner's application for taking annexed documents on record and IA No.15716/12 an application on behalf of private respondents for taking annexed documents on record. Counsel for both the parties did not have any objection in allowing such applications for taking annexed documents on record. Having perused such documents, the same appear to be relevant with the matter, hence by allowing the aforesaid IAs the respective annexed documents of the petitioner as well as of the private respondents are taken on record. Counsel of the private respondents submits that he has filed the return in the matter. The same is also taken on record. The petitioner's counsel does not want to file any rejoinder in the ...
Shiv Shankar Shrivastava Vs. J.D.A. and anr.
Court: Madhya Pradesh
Decided on: Dec-13-2012
1 HIGH COURT OF MADHYA PRADESH : JABALPUR W.P. No.794/2002 Shiv Shankar Shrivastava Vs. Jabalpur Deveopment Authority and another Present : Honble Mr. Justice R.S. Jha. For the petitioner : Shri Avinash Zargar, advocate. For the respondents : Shri Prashant Singh with Shri Manas Verma, advocate. ORDER (13.12.2012) The petitioner has filed this petition praying for a direction to the respondents/authorities to allot a plot of land in Scheme No.11 in compliance of the decision taken by it.2. It is submitted by the learned counsel for the petitioner that the petitioner was owner of 2000 sq. ft. of land, that was a part of khasra No.8/2, Mouja Ranipur, Patwari circle No.25, Jabalpur which the petitioner had purchased from the erstwhile owner Smt. Manorama Bai Shukla. It is submitted that the said land was acquired by the Town Improvement Trust for the purpose of implementing Scheme No.11 framed by them in the year 1976 and possession thereof was taken in the year 1977. Subsequently, the Tow...
Akhilesh Sen Vs. Indian Nursingh Council
Court: Madhya Pradesh
Decided on: Dec-13-2012
W.P.No.21025/2012 13.12.2012: Shri M.P.Shukla, learned counsel for the petitioner. Petitioner has filed this writ petition challenging the order dated 27.11.2012 passed by the Administrative Officer, Christian Medical and Training Centre, Damoh. By the said order petitioner has been transferred from Damoh to West Bengal. Challenge to the order of transfer is made on various grounds but on a perusal of record, it is seen that employer of petitioner respondents No.2 and 3 is a private Missionary, a trust and is neither a State or Authority within the meaning of Article 12 of the Constitution of India and is not amenable to a writ jurisdiction of this Court. Merely because the hospital is registered with Indian Nursing Council for the purpose of carrying out certain nursing activity or nursing education that does not mean that the trust or missionary in question becomes a State or Authority within the meaning of Article 12 of the Constitution. The establishment of respondents No.2 and 3 i...
Mahendra Bhatt Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-13-2012
W.P.No.1205/2012 W.P.No.18914/2012 W.P.No.11209/2011 13.12.2012 Shri Rajendra Mishra and Shri Sanjay Agrawal with Shri Jeetendra Dixit, learned counsel for the petitioner. Shri Kumaresh Pathak, learned Deputy Advocate General for the respondent/State. The issue involved in all the three matters is identical one, hence they are being disposed of by the common judgment. Heard. Rule returnable forthwith. Heard finally by the consent of the parties. The petitioners have questioned the authority of State Government to issue the impugned Notification not F-12-29/2011/B-1/II dated 10.6.2011 purporting to levy renewal fees for renewal of arms licenses for the following category of weapons: Weapons 1. Prohibited and Non-prohibited weapon 2. Non-prohibited Rifle 3. Barrel Loading Gun 4. Magazine Loading Gun. The petitioners are holders of gun licenses for self- protection in respect of their weapons which include revolvers and rifles. At the time of renewal, they applied to the respondent/Collec...
Muneeb Ul Majid Khan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-13-2012
1 W.A.No.1388/2012 Muneeb Ul Majid Khan State of M.P.& another 13.12.2012 Shri Sanjay K.Agrawal, Counsel for appellant. Shri Jaideep Singh, Dy.GA for respondents. I.A.15316/2012 for condonation of delay in filing this appeal Considering the reasons stated in the application and to the fact that the prayer made in the application is not opposed by the Shri Jaideep Singh, learned Dy.GA, the delay in filing this appeal is condoned. Heard on admission. This appeal is directed against an order dated 30.8.2012 in W.P.No.13715/2012 by which a writ petition preferred by the appellant against the transfer order transferring the appellant from South Seoni to North Seoni in the capacity of Forest Guard in the territorial division, was dismissed. Learned counsel for appellant submits that before 1 yeaRs.on the request of appellant, he was transferred from North Seoni to South Seoni, but within a period of 1 yeaRs.the appellant has again been transferred to North Seoni. It is submitted that mother ...
Mohan Namdeo Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-13-2012
1....W.A.No.1344 of 12 Mohan Namdeo State of M.P.& others 13.12.2012 Shri S.K.Dwivedi, Counsel for the appellant. This order shall also decide W.A.No.1346 of 2012 R.K.Bharadwaj versus State of M.P.& ORS.These appeal are directed against an order dated 10.10.2012 passed in W.P.17127/12 by which writ petition preferred by both the appellants was dismissed by the learned Single Bench against their transfer order from Seoni to Rewa and Satna respectively. This order has been assailed by the appellants on the following grounds :- 1. That the transfer order was issued at the behest of respondent No.4 who happens to be a political person, was annoyed with the appellants and written a letter to the concerned Minister for transfer of the appellants from Seoni to some other place.2. That at Seoni there are short of Sub Engineers and in this regard the letter Annexure A-3 dated 24.9.2012 was sent by the C.E.O.Janpad Panchayat, Kurrai to the Executive Engineer, Rural Engineering Services, Division...
J. K. Lakshmi Cement Ltd. Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-13-2012
W.P.No.17426/2010 13.12.2012 Shri M.L.Jaiswal, learned Sr.Adv assisted by Shri Manot Kushwaha, learned counsel for the petitioner. Shri Piyush Dharmadhikari, learned Govt. Adv for respondents. State's counsel seeks for and is granted the period of fifteen days to file the reply of applications, i.e.IA No.14738/12 and IA No.14739/12, stay application for staying the show cause notice of Collector as well as some proceeding which is pending before the Collector. Let this matter be listed for consideration of aforesaid IAs in the week commencing 7.1.2013, meanwhile State's counsel may file the reply as prayed. The interim order passed earlier is hereby continued till next hearing of this petition. However, in the available scenario the authorities of respondent No.2 shall be at liberty to proceed with the matter in case No.898/Re-Collector/2012 but shall not pass any final order till next hearing of this petition unless the order of this court. C c as per rules. (U.C.Maheshwari) Judge bks...
G.S. Thakur Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-13-2012
1 W.A.No.1367/2012 G.S.Thakur State of M.P.& another 13.12.2012 Shri M.S.Bhatti, Counsel for appellant. Shri Jaideep Singh, Dy.GA for respondents. This appeal is directed against an order dated 2.11.2012 in W.P.No.18479/2012(s) by which writ petition preferred by the appellant against transfer order dated 23.10.2012, transferring the appellant from Dindori to Dhar in the same capacity of S.D.O.in the Electrical Mechanical Section of the Water Resources Department, was dismissed. After arguing the matter, learned counsel for appellant submitted that looking to the personal difficulty of the appellant, appellant may be permitted to file a representation to the respondent No.2, who may be directed to consider it expeditiously and till then the appellant may be permitted to continue at Dindori. Prayer made by the appellant is opposed by Shri Singh, learned Dy.GA to the extent that appellant may join at the transferred place. So far as representation is concerned, it will be considered by t...
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