Madhya Pradesh Court December 2012 Judgments
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Gram Panchayat Killai Block and Distt. Damoh. Vs. Principal Secretary ...
Court: Madhya Pradesh
Decided on: Dec-12-2012
Writ Petition No.4968/2011 Gram Panchayat, Killai versus State of Madhya Pradesh and others 12.12.2012. Shri D.K.Dixit for the petitioner. Shri B.P.Pandey, Panel Lawyer, for respondent Nos.1 and 2. Shri Sanjay Singh for respondent No.3. Shri R. Patel for respondent No.4. During the pendency of this writ petition, Collector, Damoh has passed a detailed order on 7.8.2012, exercising the powers under section 85(2) of the MP Panchayat Raj Evam Gram Swaraj Adhiniyam. The Collector has directed for transferring respondent No.4 Ku. Shobha Kesharwani to another Gram Panchayat and on the post vacated after such transfer of Ku. Shobha Kesharwani, the direction issued is that in the Gram Panchayat in question namely Gram Panchayat Killai, the Secretary of the neighbouring Gram Panchayat be given temporary charge and thereafter a process for filling up the post in Gram Panchayat Killai be initiated. Keeping in view the aforesaid order passed by the Collector and considering the fact that Ku. Shobh...
In Reference Vs. Brajesh Sahu
Court: Madhya Pradesh
Decided on: Dec-12-2012
1....Cont.Cr. No.7 of 12 The Court of Addl. Sessions Judge, Brajesh Sahu and another Sohagpur 12.12.2012 Shri G.S.Ahluwalia, Counsel alongwith contemners present. This contempt reference has been made by the Additional Sessions Judge, Sohagpur district Hoshangabad by a reference letter dated 25.6.2012/11.7.2012 by which it is alleged that certain allegations made in the application filed by the Contemners under Section 408 of Cr.P.C.were contemptuous and proceedings for criminal contempt may be initiated against the contemneRs.Learned counsel appearing for the contemners and both the contemners submitted that they were not intending to commit contempt of the Court below. The application filed before the Sessions Judge for the transfer of the case was bonafide in which though certain averments were made but without any malafide intention. It was submitted that contemners have earlier submitted their apology before the court below and has also filed their apology before this Court. It is...
Smt. Kiran Bai Vs. Janpad Panchayat Kirnapur
Court: Madhya Pradesh
Decided on: Dec-12-2012
W.P.No.18204 / 2012 (Smt. Kiran Bai..Vs..Janpad Panchayat, Kiranpur & another) 12-12-2012 Heard Shri Rajesh Maindiretta, learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition alleging that the respondent/authorities are not implementing the agreement entered into by them with the petitioner for supply of mid day meal to Government Middle School, Sevti, Tahsil Kiranpur, District Balaghat. It is, however, observed that the petitioner has directly approached this Court without bringing his grievance to the notice of the competent authority, i.e.Collector, Balaghat. In the circumstances, without entering into the merits of the case, the petition filed by the petitioner is disposed of with liberty to the petitioner to approach the Collector, Balaghat for mitigation of his grievance. It goes without saying that in case the petitioner does so alongwith a copy of the order passed today and a copy of the petition within fifte...
Kura Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-12-2012
W.P.No.13079 / 2012 (Kura & another ..Vs..State of M.P.& otheRs.12-12-2012 Shri Sanjeev Tiwari, learned counsel for the petitioneRs.Shri S.M.Lal, learned G.A.for the State/respondents. The petitioners have filed this petition against the order dated 30-11-2010 passed by the Under Secretary, Government of M.P., seeking to recover the outstanding amount in the account of the petitioner which is required to be paid to the M.P.Mantralaya Chaturth Shreni Sakh Samiti, Maryadit, Bhopal. It is submitted by the learned counsel for the petitioners that the aforesaid order passed by the Under Secretary is contrary to law and deserves to be set aside. It is, however, apparent from a perusal of the petition and the documents filed alongwith the same that the petitioners have raised a similar issue before this Court by filing W.P.No.669/2005 which has been disposed of on 23-3-2005 with liberty to the petitioner to approach the competent forum under the Cooperative Societies Act pursuant to which the...
Mahesh Verma Vs. Union of India
Court: Madhya Pradesh
Decided on: Dec-12-2012
---1--- W.P.No.19742/2011 12.12.2012 Shri Satish Agrawal, Advocate for the petitioner. Shri Naman Nagrath, Sr.Counsel with Shri Swapnil Sohgaura for respondent No.6. Rule returnable forthwith. Heard finally with the consent of the learned counsel for the parties. By this petition, the petitioner has challenged the opening of Study Centres by respondent No.6 Makhan Lal Chaturvedi Rashtriya Patrakarita Evam Sanchar Vishwavidyala on the ground that thus Study Centres have not obtained the approval of the UGC, DEC and other bodies. Respondent No.6 University has opened various Study Institutes outside their campus, through which the University grants degrees to the students from all over the India in various subjects. According to the petitioner, the Study Centres are, in fact, the Study Centres within the meaning of UGC (Establishment Of And Maintenance Of Standards in Private Universities) Regulations, 2003 (hereinafter referred to as Regulations, 2003).which requires such Study Centres ...
Bhailal Panika Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-12-2012
Bhailal Panika versus state 1 W.P.No.9809/2011 12.12.2012: Shri Atul Singh Gaharwar, learned counsel for the petitioner. Shri B.P.Pandey, learned Dy.Govt. Adv.for respondents No.1 to 4. Shri P.S.Gaharwar, learned counsel for respondent No.6. Facts which are necessary for deciding the writ petition indicates that Shri Devendra Prasad respondent No.6 was appointed as a Panchayat Karmi and was notified as Panchayat Secretary of Gram Panchayat Sherwa, Janpad Panchayat Chitrangi, District Singrauli. It seems that certain complaints were raised against the said Shri Devendra Prasad and therefore, his services and appointment as a Panchayat Secretary was terminated by the Collector. Shri Devendra Prasad challenged the said termination before the Commissioner and the Commissioner by the impugned order Annexure P/1 dated 13th June 2011 has held that termination of appointment of Shri Devendra Prasad is for certain acts of misconduct and after taking note of the law laid down by the Division Ben...
Late Pt. Gouri Shankar Sharma Shiksha Prasar Avam Jan Kalyan Samiti Ch ...
Court: Madhya Pradesh
Decided on: Dec-12-2012
W.P.No.19664/2012 W.P.No.19666/2012 W.P.No.19667/2012 W.P.No.19671/2012 12.12.2012 Shri Manot Chansoriya, counsel for petitioner. Shri K.K.Singh, counsel for respondent nos.1 & 2. Shri Jaideep Singh, Dy.G.A., for respondent nos.3 & 4. This order shall decide W.P.No.19664/2012, W.P.No.19666/2012,W.P.No.19667/2012 & W.P.No.19671/2012 as the controveRs.involved in all the petitions are same. For the convenience, facts are taken from W.P.No.19664/2012 (Late Pt.Gouri Shankar Sharma Shiksha Prasar Avam Jan Kalyan Samiti, Chhatarpur versus National Council for Teacher Education & others).The petitioner has sought following reliefs in this petition :- (i) It is, therefore, prayed that this Hon'ble Court may kindly be pleased to issue writ in the nature of certiorari by quashing impugned letters dated 22-03-2012 and 26-06-2012 contained in Annexure P/3 & P/4 and further they may be directed to take further steps in accordance with NCTE Regulation and Hon'ble Court Orders passed in identical cas...
ilias Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-12-2012
1 Writ Petition No.7877/2012 12.12.2012 Shri A.K.Jain, Advocate, for the petitioner. Shri Sanjay Dwivedi, Govt. Advocate for the respondents. Heard. The petitioner has challenged the order dated 21.2.2012 passed under section 3(2) of the National Security Act, 1980, (hereinafter referred to as the Act) and his detention thereunder. The respondent no.2, District Magistrate, has passed the order detaining the petitioner under section 3(2) of the Act. The grounds which were served on the petitioner mainly relate to the slaughtering of cows and their transportation contrary to the provisions of M.P.Govansh Vadh Pratishedh Adhiniyam Evam Niyam, 2004, and Prevention of Cruelty to Animals Act, 1960. The grounds recites that the petitioner has in fact committed such offences on several occasions such as 7.6.1994, 20.4.2002, 2.2.2005, 8.12.2005, 22.2.2007, 5.8.2007, 3.4.2010, 2.8.2011 and 1.9.2011 in various manneRs.The most severe allegation which has been levelled against the petitioner is in...
issu Alias Ismile Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-12-2012
Criminal Revision No.1382/12 12.12.2012. Shri Manish Tiwari, learned counsel for petitioner. State/respondent by Shri Akshay Namdeo, learned PL. Learned PL appearing for the State prays for short time to call for the Surgical Expert Report. Let the report be called within a period of three weeks. Heard on IA No.15298/12, an application for stay of further proceedings in Special Case No.14/12 pending before learned Special Judge, Sagar. Learned counsel appearing for petitioner submits that no case under Section 307 IPC is made out as against the petitioner as there in no bony injury on any of the body of complainant, the injury is simple in nature still the petitioner has been charged for an offence punishable under Section 307 IPC. Counsel submits that proceedings are going on in the aforesaid special 2 case and if the same are not stayed then this petition will become futile. Looking to the circumstances of the case, as an interim measure, it is directed that further proceedings in Sp...
Smt. Alka JaIn Vs. Smt. Nirmala Pathak
Court: Madhya Pradesh
Decided on: Dec-11-2012
W.P.No.18115/2012 11.12.2012 Shri Rakesh Jain, learned counsel for the petitioner. Shri Adarshmuni Trivedi, learned Sr.Adv assisted by Shri Sampurna Tiwari, learned counsel for the respondent. Although this matter is listed for admission and consideration of IA No.14055/12, the petitioner's application for grant of ad-interim relief but looking to the nature of the question involved in the petition with the consent of the parties the petition is heard finally. ORDER (Oral) (1) The petitioner has filed this petition under Article 227 of the Constitution of India for quashment of the order dated 10.9.2012, (Ann. P-1).passed by IIIrd Additional District Judge, Katni in Election Petition/MJC-5/12 whereby allowing the application of the respondent filed under Order 26 Rule 1, r/w Section 151 of CPC, (Ann. P-4) the direction to record her statements on commission has been passed. Pursuant to that the Commissioner has also been appointed. (2) The facts giving rise to this petition in short ar...
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