Madhya Pradesh Court July 2012 Judgments
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Manoj Kumar Pathak Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2012
1 W.P.No.9892/2012 Manot Kumar Pathak versus State of M.P.& ORS.26.07.2012 Shri Arun Shukla learned counsel for the petitioner. Shri S.S.Bisen, learned Govt. Advocate for the respondent/State, on advance copy. The default, pointed out by the office, is ignored. Heard on the question of admission and interim relief. Though the petitioner has filed this petition making several allegations, it is submitted by the learned counsel for the petitioner that the Collector, Chattarpur be directed to decide the revision filed by the petitioner against the dispute raised by him regarding award of contract for supply of mid-day meal which is pending before him. The learned Govt. Advocate appearing for the respondent/State, on advance copy, submits that revision filed by the petitioner shall be considered and decided expeditiously in accordance with law. In view of the aforesaid, without expressing any opinion on the merits of the case, the petition filed by the petitioner is disposed of with a dire...
N.L. Lilhare Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jul-26-2012
HIGH COURT OF MADHYA PRADESH AT JABALPUR Writ Petition No :19496. OF 200.N.L. Lilhare - V/s - State of M.P. & others Present : Honble Shri Justice Rajendra Menon. ---------------------------------------------------------------------------------------- Shri Shreyas Pandit, learned counsel for the petitioner. Shri Rajesh Tiwari, learned GA the for respondent/ State. ------------------------------------------------------------------------------------------- ORDER ( 26/07/2012) Challenging the orders passed by the respondents as contained in Annexure-P1 dated 30.5.2002 & Annexure-P2 dated 24.5.2002 retrospectively retiring the petitioner w.e.f. 31.8.2000 by passing the aforesaid order on 30.5.2002 and contending that he has been retired contrary to the date of birth recorded in the service book, petitioner originally filed the original application under the State Administrative Tribunal Act, 1985 before the M.P. State Administrative Tribunal and due to winding up of the tribunal, matter st...
M.C.Mittal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2012
1 HIGH COURT OF MADHYA PRADESH AT JABALPUR Writ Petition No :11705. Of 2006 (s) M.C.Mittal V/s The State of Madhya Pradesh & Others Present : Honble Shri Justice Rajendra Menon. -------------------------------------------------------------------------------------------- Petitioner in person. Shri S. Dharmadhikari, learned counsel for respondent/State. -------------------------------------------------------------------------------------------- ORDER 26.7.2012 Interalia contending that after his retirement from service a sum of Rs.30,007/- has been deducted from the gratuity and seeking refund of the same, petitioner has filed this writ petition. It is seen from the record that in the year 1995 petitioner was working in the Industrial Training Institute in Koni, Bilaspur. While so posted he was alloted a government quarter for which he was required to pay monthly rent of Rs.65/- and Rs.40/- towards electricity charges, this amount was being recovered from him upto July, 1995, as is evide...
Ramlal and ors. Vs. Ashok Kumar and ors.
Court: Madhya Pradesh
Decided on: Jul-26-2012
HIGH COURT OF MADHYA PRADESH : JABALPUR SINGLE BENCH : HON'BLE SHRI JUSTICE J.K.MAHESHWARI SECOND APPEAL NO.544 OF 200.Ramlal (since dead) through LRs and another Vs. Ashok Kumar Shri Saket Agrawal, learned counsel for the appellants. Shri Vivek Rusia, learned counsel for respondent. JUDGMENT (26/07/2012) Assailing the judgment and decree dated 13/3/2000 passed by the lower appellate Court setting aside the judgment and decree dated 7/9/1999 passed by learned trial Court dismissing the suit seeking eviction, this appeal has been filed under Section 100 of the Code of Civil Procedure by plaintiff-landlord against tenant seeking decree of eviction.2. This appeal has been admitted by this Court for final hearing on 2/5/2001 on the following substantial questions of law : (i) Whether the finding arrived at by the learned first appellate Court that the suit premises is not required bonafide by the plaintiffs/appellants for continuing their business, is perverse as it is based on misinterpre...
Saivanti Bai Vs. Babulal
Court: Madhya Pradesh
Decided on: Jul-26-2012
1 1 Writ Petition No.10140/2012 26.07.2012 Shri Pushpendra Dubey, Advocate, for the petitioner. This petition is directed against an order dated 2.4.2012 by which two applications filed by the petitioner, one under Order 6 Rule 17 C.P.C.and another under Order 8 Rule 1 C.P.C.were re- jected. Learned counsel for the petitioner submitted that the pro- posed amendment was necessary for deciding the issue between the parties as it was going to the root of the case. Apart from this, the petitioner herein is a holder of agricultural land defined in M.P.Sahukar Dwara Bhoomi Harapne Ke Kuchakkro Se Paritran Tatha Rin Vimukti Adhiniyam, 1976, hereinafter referred to as the 1976 Act and the transaction in question was a prohibited transaction of loan. It was submitted that the aforesaid pleading was necessary. The trial court erred in rejecting the application. It was also submitted that the prayer for framing additional issue was also wrongly rejected by the trial court by order dated 2.4.2012....
Sarvajeet Singh and anr. Vs. Vimla Devi and ors.
Court: Madhya Pradesh
Decided on: Jul-26-2012
1 HIGH COURT OF MADHYA PRADESH : JABALPUR SINGLE BENCH : JUSTICE J.K. MAHESHWARI Second Appeal No.6 of 1997 Sarvajeet Singh & another versus Smt. Vimla Devi & others For Appellants : Shri G.S. Baghel, Advocate J U D G M E N T 26.07.2012 The defendants have filed this appeal under Section 100 of the Code of Civil Procedure challenging the judgment dated 06.11.1996, in Civil Appeal No.30A/1995, passed by Vth Additional District Judge, Rewa whereby the suit filed by the plaintiffsrespondents was decreed and the direction was issued that the appellants shall deliver the peaceful possession within two months of Araji No.49, Area 40 x 13 square feet. 2. Plaintiffsrespondents filed a suit that the land of Khasra No.49, Area 2.5 acres is of the ownership of the plaintiff no.2 2 and they are residing therein. Defendantsappellants are residing on the land of Khasra No.40. It is stated that in 1976 encroaching upon the land of plaintiffs of Khasra No.49, Ar...
Smt. Pankaj Shukla Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2012
1 W.P.No.10924/12 Smt.Pankaj Shukla State of M.P.& others 26.7.2012 Shri Rajendra Tiwari, learned Sr.Advocate assisted by Shri Vineet Dubey, Counsel for petitioner. Shri S.Roy, Counsel for State. This petition is directed against an order Annexure P/1 dated 13.7.2012 issued by the respondent No.1 by which petitioner who is Principal of Government Mahakaushal (Arts and Commerce) College, Jabalpur has been transferred in the same capacity to Government Degree College, Majhouli. This order has been assailed by the petitioner on the ground that Govt. Mahakaushal (Arts and Commerce) College, Jabalpur is an autonomous post- graduate college and the petitioner cannot be transferred from the aforesaid college to any other degree college. In view of aforesaid, issue notice to the respondents. Steps within a period of 3 working days by registered A.D.mode. Notices be made returnable before next date of hearing. Shri Roy, learned counsel for State accepts notice on behalf of respondents No.1,2 & ...
Sushila Dhurvey Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2012
Cr.R. No.7 /12 26.7.2012 Shri P.R. Bhave Sr. Adv. with Shri Bhanu Pratap Yadav, Adv. for applicant/petitioner. Shri Sameer Chile,Govt. Adv. for respondent /State. Heard finally. Petitioner Sushila Dhurvey, who is a lady, has been convicted u/s 323 IPC (two counts) and sentenced to imprisonment for 6-6 months and fine of Rs.500/--500/- by J.M.F.C. Sehore in criminal case no.262/06 vide judgment dated 9.2.2011 for voluntarily causing simple hurt to Rameshwari and Surendra. In appeal, bearing cri. appeal no.49/11 by First Additional Sessions Judge Sehore vide judgment dated 28.11.2011 partly allowed the appeal modifying the sentence till rising the Court (TRC) and fine of Rs.2000/-; against which this petition has been filed to set aside the conviction and sentence.2. I have heard both the sides and perused the original record.3. Learned counsel for the petitioner has argued that case of prosecution was not proved beyond reasonable doubt, still the petitioner has been convicted.4. On the ...
Santosh Singh Bundela Vs. Deputy Registrara Cooperative Societies Chha ...
Court: Madhya Pradesh
Decided on: Jul-26-2012
W.P.No.9972/2012 (S.S.Bundela versus Dy. Registrar, Cooperative Societies Chhatarpur and otheRs.26.07.2012 Heard Shri Sunil Singh, learned counsel for the petitioner on the question of admission and interim relief. Though the petitioner has filed this petition assailing the order passed by the Joint Registrar, cooperative Societies, Sagar Division Sagar dated 08.05.2012 in appeal filed by him affirming the order passed by the Dy. Registrar, Cooperative Societies, Chhatarpur, however, it is not disputed and infact fairly admitted by the learned counsel for the petitioner that an alternative statutory remedy of appeal before the appellate forum is available to the petitioner under the provisions of M.P.Cooperative Societies Act, 1960. As the availability of an alternative statutory remedy is not disputed, the petition filed by the petitioner is disposed of with liberty to the petitioner to assail the impugned order by filing an appeal against the same in accordance with law. With the afo...
Kanti Bai Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2012
W.P.No.10013/12 (Kanti Bai Vs State of MP and others 26.07.2012 Heard Shri K.D.Singh, learned counsel for the petitioner on the question of admission. The petitioner has filed this petition alleging inaction on the part of the Police authorities on the complaint filed by her. In view of the aforesaid, the petition filed by the petitioner is disposed of with a direction to the respondent No.3/the Superintendent of Police, Harda to look into the complaint of the petitioner and deal with the same expeditiously, in accordance with law. To enable the respondents No.3 to do so, a copy of the order passed today and a copy of the petition be served on him by the petitioner. With the aforesaid directions the petition, filed by the petitioners stands disposed of. C.C as per rules. (R.S.Jha) Judge msp...
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