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Madhya Pradesh Court June 2012 Judgments

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Jun 27 2012

Gotha Ahirwar Vs. National Mineral Development Corp.and ors

Court: Madhya Pradesh

Decided on: Jun-27-2012

1 HIGH COURT OF MADHYA PRADESH : JABALPUR WRIT PETITION No.6102/2001 Gotha Ahirwar Vs. National Mineral Development Corp. Ltd., Hyderabad & others ____________________________________________________________ Shri Rajneesh Gupta, learned Counsel for the petitioner. Shri Anoop Nair, learned Counsel for the respondents. ____________________________________________________________ Present : Honble Shri Justice K.K. Trivedi ____________________________________________________________ ORDER (27/06/2012) This writ petition under Article 226 of the Constitution of India is directed against the order dated 27.01.2001 by which the petitioner has been discharged from service on the basis of recommendation of the Medical Board, as has been found medically unfit to perform the duties of the post on which he was working in the establishment of National Mineral Development Corporation Ltd. at Panna Diamond Mines (herein after referred to as N.M.D.C. for short).2. It is contended by the petitioner tha...


Jun 27 2012

Kallu @ Dongar Singh Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Jun-27-2012

1 Cr. Appeal. No.747/1996 HIGH COURT OF MADHYA PRADESH : JABALPUR BEFORE : TARUN KUMAR KAUSHAL, J.CRIMINAL APPEAL No.747 OF 199.APPELLANT : Kallu @ Donger Singh, Aged about 25 years, S/o Roopsingh, Cultivator, R/o Bakhargaon, P.S. Dhangaon, District Khandwa. Versus RESPONDENT: The State of Madhya Pradesh ****************************************************************** For Appellant : Shri Kunal Dubey, Advocate. For Respondent : Shri R.S. Shukla, Panel Laywer. ****************************************************************** JUDGMENT 27/06/2012 This appeal has been preferred against the judgment dated 15.4.1996 passed by Special Judge(SC/ST), Khandwa in Special Case No.32/1991 convicting the appellant under Section 3(1)(xi) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act') and sentenced to six months R.I.2. Facts of the case, in short, are that on 16.9.1995 prosecutrix aged 15 years (PW/1) alongwith her sister-in- law(Nanad) Nanibai ...


Jun 26 2012

Krishi Upaj Mandi Samiti Damoh Vs. the State of M.P. and ors

Court: Madhya Pradesh

Decided on: Jun-26-2012

1 W.P No.608/2001 HIGH COURT OF MADHYA PRADESH AT JABALPUR WRIT PETITION NO.608/2001 PETITIONER : KRISHI UPAJ MANDI SAMITI Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. Present : Hon'ble Shri Justice R.S. Jha. For the petitioner : Shri Saket Agrawal, Advocate. For the respondents : Shri Samdarshi Tiwari, Govt. Advocate. -------------------------------------------------------------------------------- ORDER (26/06/2012) The petitioner has filed this petition being aggrieved by the demand notices dated 24.11.1992 and 21.3.1994 issued by the Superintendent, Land Record, Damoh seeking to recover diversion charges from petitioner Krishi Upaj Mandi Samiti.2. It is submitted by the learned counsel for the petitioner that in view of the provisions of Section 9(3) of the M.P. Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter referred to as the Adhiniyam), the provision regarding diversion, etc. are not applicable to the land acquired by the petitioner on transfer, purchase, gift or otherwise or 2 W.P...


Jun 26 2012

Mahila Bahuudeshiya Prathmik Sahkari Samiti Vs. the State of Madhya Pr ...

Court: Madhya Pradesh

Decided on: Jun-26-2012

1 W.P.No.8345/2012 Mahila Bhahuuddesiya Prathmik Shahkari Samiti versus State of M.P.& ORS.26.06.2012 Shri Amit Singh learned counsel for the petitioner. Shri R.P.Tiwari, learned Govt. Advocate, for the respondent/State. Heard on the question of admission. The petitioner has filed this petition being aggrieved by the show cause notices dated 24.5.2012, Annexures P-8 & P-9, issued by the SDO Banda, District Sagar proposing to cancel the allotment of the fair price shop allotted to them under the provisions of the M.P.(Food Stuff) Public Distribution Scheme 1991 pursuant to and subsequent to coming into force of the M.P.Public Distribution Scheme (Control) Order, 2009 (hereinafter referred to as the Control Order, 2009).It is submitted by the learned counsel for the petitioner that a Division Bench of this Court in W.P No.3487/2010 has upheld the validity of the Control Order, 2009. It is further stated that in an identical petition i.e.W.A No.52/2012, a Division Bench of this Court has ...


Jun 26 2012

Geeta Singh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jun-26-2012

HIGH COURT OF MADHYA PRADESH, JABALPUR Miscellaneous Criminal Case No.7214/2011 Onkar Kale....Petitioner Versus State of Madhya Pradesh..Respondent For the petitioner : Shri Rajendra Babbar, Advocate. For the respondent: Shri Aditya Adhikari with Shri Abhishek Gulatee, Advocates. ****** Present: HONOURABLE SHRI JUSTICE AJIT SINGH HONOURABLE SHRI JUSTICE SANJAY YADAV ****** ORDER (26.6.2012) The following order of the Court was passed by Ajit Singh, J.By this petition, filed under section 482 of the Code of Criminal Procedure 1973, the petitioner has essentially prayed for quashing of the first information report dated 26.3.2009 and the order dated 1.2.2011, Annexure A1, passed by the Special Judge (Prevention of Corruption Act), Bhopal, in Special Case No.9/2010.2. During the relevant period co-accused Qamaruddin was posted as Assistant Estate Officer in the Bhopal Development Authority and the petitioner was posted there as an Assistant Superintendent. One K. C. Malkani, a resident of...


Jun 26 2012

Babloo @ Sheikh Ayub Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Jun-26-2012

IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SB: Honble Mr. Justice N.K.Gupta, J.Criminal Appeal No.969 of 1997 Babloo @ Sheikh Ayub Vs. State of Madhya Pradesh ------------------------------------------------------------------------------------------- Shri Vikas Mahawar, counsel for the appellant. Shri Ajay Tamrakar, Panel lawyer for the respondent-State. ------------------------------------------------------------------------------------------- JUDGMENT (Delivered on the 26th day of June, 2012) The appellant has preferred this appeal against the judgment dated 26.4.1997 passed by learned IIIrd Additional Sessions Judge, Chhatarpur in ST No.67 of 1993 whereby the appellant was convicted for offence punishable under Section 324 of I.P.C and sentenced for two years rigorous imprisonment.2. Prosecution's case in short is that on 9.3.1993 at about 9.00 p.m in the evening the appellant and accused Smt. Shahjahan went to the house of one Sheela Yadav (P.W.2) situated in township of Ishanag...


Jun 26 2012

Smt.Savitri Yadav Vs. M.P.Bhoj [Open ] ors.

Court: Madhya Pradesh

Decided on: Jun-26-2012

1 W.P No.2880/2005 HIGH COURT OF MADHYA PRADESH AT JABALPUR WRIT PETITION NO.2880/2005 PETITIONER : SMT. SAVITRI YADAV Vs. RESPONDENTS : MADHYA PRADESH BHOJ (OPEN) UNIVERSITY, AND OTHERS. Present : Hon'ble Shri Justice R.S. Jha. For the petitioner : Shri Devendra Gangrade, Advocate. For the respondent/State : Shri Samdarshi Tiwari, Govt. Advocate. For respondent nos.1 to 5 : Smt. Shobhna Koshta, Advocate. -------------------------------------------------------------------------------- ORDER (26/06/2012) The petitioner has filed this petition praying for a direction to the respondent University to grant average marks to the petitioner in the subject of Economics in Bachelor of Arts final examination held in the month of May-June 2003 and to issue a corrected mark-sheet with a further direction to initiate disciplinary proceedings against respondent no.6 for his misconduct of tampering with the answer books of the petitioner.2. It is submitted by the learned counsel for the petitioner th...


Jun 26 2012

Mahesh Chandra Choubey Vs. Secretary the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jun-26-2012

1 HIGH COURT OF MADHYA PRADESH : JABALPUR WRIT PETITION No.5144/2009 Mahesh Chandra Choubey Vs. State of Madhya Pradesh & others & WRIT PETITION No.5145/2009 Suresh Kumar Verma Vs. State of Madhya Pradesh & others ____________________________________________________________ Shri Sanjayram Tamrakar, learned Counsel for the petitioner. Shri Piyush Dharmadhikari, learned Govt. Advocate for respondents No.1 to 3. Shri Lalji Kushwaha, learned Counsel for respondents No.4 to 7. ____________________________________________________________ Present : Honble Shri Justice K.K. Trivedi ____________________________________________________________ ORDER (26/06/2012) Since common claim has been made, common orders have been passed in respect of the petitioners, both the petitions are heard together and are being decided by this common order. Facts as have been mentioned in this order, are taken from W.P. No.5144/2009.2. Grievance of the petitioners in these cases is that they were appointed w.e.f. 01...


Jun 26 2012

Guddu @ Sameer Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Jun-26-2012

HIGH COURT OF JUDICATURE MADHYA PRADESH, JABAPLUR Single Bench: Hon'ble Mr. Justice N.K.Gupta,J.CRIMINAL APPEAL NO.907 OF 199.Guddu alias Sameer. Vs. State of Madhya Pradesh. ------------------------------------------------------------------------------------------- Shri H.S.Dubey, Advocate for the appellant. Shri S.K.Kashyap, Govt. Advocate for the respondent/ State. ------------------------------------------------------------------------------------------- JUDGMENT (Delivered on the 26th day of June, 2012) This criminal appeal is preferred by the appellant being aggrieved by the judgment dated 9/5/1996 passed by the Sessions Judge, Betul in ST No.81/1995, whereby the appellant was convicted for commission of offence punishable under Section 307 of IPC and sentenced for five years' rigorous imprisonment with fine of Rs.100/-. In default of payment of fine amount, an additional RI for three months was directed.2. Prosecution case, in short, is that on 22/1/1995 the victim Mohd. Anees (...


Jun 26 2012

Jugal Choubey Vs. Secretary the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jun-26-2012

Writ Petition No.1140/2010 26.6.2012 Shri Aseem Dixit, Advocate, for the petitioner. Heard on admission. This petition, under Article 226 of the Constitution, is directed against the order dated 11.8.2006 passed by the Madhya Pradesh State Cooperative Tribunal (in short, the Tribunal.) whereby it has allowed Second Appeal No.132/2001 of respondent no.5. On a complaint made by the petitioner, Assistant Registrar Co-operative Societies, Sagar, by order dated 7.12.2000 directed for the winding up of Society (respondent no.5) under section 69(2) of the Madhya Pradesh Co-operative Societies Act 1960 (in short, the Act.) on the ground that most of its members were found to be bogus. Aggrieved, respondent no.5 filed an appeal before the Joint Registrar who dismissed the same vide order dated 14.9.2001. Undeterred, respondent no.5 then preferred second appeal before the Tribunal and contended that since the Assistant Registrar did not comply with the mandatory provisions of section 69(3) of th...


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