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Madhya Pradesh Court July 2012 Judgments

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Jul 18 2012

M/S Seth Banshidhar Kedia Rice Mills Pvt. Ltd Vs. State Bank of India

Court: Madhya Pradesh

Decided on: Jul-18-2012

W.P. No. 6190/2012 18.7.2012 Shri Akshat Agrawal, learned counsel for the petitioneRs.Shri Sanjay Agrawal, learned counsel for respondent. With consent heard finally. In Original Application filed by respondent Bank before the Debts Recovery Tribunal for recovery of Rs.1,67,90,460.80 the right of the petitioner to file written statement was closed by the Tribunal by order dated 19.4.2011; whereagainst, petitioners filed a review application. The same was also dismissed on 16.11.2011. Aggrieved, the petitioners preferred an appeal before Debts Recovery Appellate Tribunal. The Appellate Tribunal by impugned order dated 16.11.2011 though granted leave to the petitioners to file written statement, but subjected the same to the cost of Rs.50,000/ on each of the appellants. The direction to pay cost of Rs.50,000/ by e...


Jul 18 2012

M/S Bpl Ltd. Vs. Assistant Commissioner

Court: Madhya Pradesh

Decided on: Jul-18-2012

VAT.A.No.15/2012 M/s BPL Ltd Asst.Commissioner, Bhopal & others 18.7.2012 Shri Mukesh Agarwal, counsel for appellant. Shri Jaideep Singh, Dy.G.A., for respondents. This appeal is admitted on the following substantial question of law :- Whether the order passed by the Board in holding that discount allowed to retailers as per ordinary trade practice of the appellant by way of credit notes as not deductable from sale price is perveRs.in law and on facts and contrary to the decision of the Supreme Court in IFB Industries LTD.versus State of Kerala [(2012) 20 STJ 285].?.. Notice on behalf of respondents is accepted by Shri Jaideep Singh, Dy.G.A.Appellant to serve two sets of memo of appeal along with documents to Shri Jaideep Singh, within a period of three working days against acknowledgment. Be listed for hearing in due course. I.A.No.7736/2012 for stay. Notice of this application is accepted by Shri Jaideep Singh, G.A.He prays for four weeks time to file reply of this application. Praye...


Jul 18 2012

Sohan Joshi Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-18-2012

1 HIGH COURT OF MADHYA PRADESH : JABALPUR WRIT PETITION No.18273/2011 (S) Sohan Joshi Vs. State of Madhya Pradesh & others ____________________________________________________________ Shri K.C. Ghildiyal, learned Counsel for the petitioner. Shri Piyush Dharmadhikari, learned Govt. Advocate, for respondents-State. ____________________________________________________________ Present : Honble Shri Justice K.K. Trivedi ____________________________________________________________ ORDER (18/07/2012) The present petition has been filed under Article 226 of the Constitution of India by the petitioner claiming a direction to the respondents to consider the claim of the petitioner afresh for grant of compassionate appointment, after quashment of the orders dated 05.08.2010 and 22.03.2011.2. It is contended that the father of the petitioner was working as Head Constable (Driver) in the 6th Battalion S.A.F., Jabalpur, who died while in service on 28.06.2010. On account of death of the bread earner...


Jul 18 2012

Ram Kumar Pathak Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-18-2012

..1.. W.A.No.734/08 HIGH COURT OF MADHYA PRADESH: PRINCIPAL SEAT AT JABALPUR (M.P.) Writ Appeal No.734/2008 Dhaniram (dead) through L.Rs.1. Ram Kumar Pathak s/o late Shri Dhaniram Pathak, aged about 56 years R/o H.No.2872, Purwa Garha, Jabalpur (M.P.) 2. Indra Kumar Pathak (dead) thruogh L.Rs. a. Smt. Vijay Laxmi Pathak, widow of late Shri Indrakumar Pathak, aged about 59 years, R/o H.No.3445, Garha Ward, Purva Bramand Mohalla, Jabalpur (M.P.) b. Shri Rishi Pathak, s/o Late Shri Indra Kumar Pathak aged about 33 years, r/o H.No.3445, Garha Ward Purva Brahmand Mohalla, Jabalpur (M.P.). c. Shri Ashish Pathak, S/o late Shri Indra Kumar Pathak, aged 31 years r/o H.No.3445, Garha Ward, Purva Brahmand Mohalla, Jabalpur(M.P.) d. Shri Nitin Kumar Pathak, s/o Late Indra Kumar Pathak, aged about 28 years, r/o H.No.3445, Garha Ward Purva, Brahmanand Mohalla, Jabalpur.3. Shri Hridaya Kumar Pathak s/o Late Shri Dhaniram Pathak, aged about 51 years, R/o H.No.2872, Purwa Garha, Jabalpur (M.P.) .Appell...


Jul 17 2012

Lal Singh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-17-2012

HIGH COURT OF MADHYA PRADESH : AT JABALPUR WP 5437/2006 (S) LAL SINGH Versus THE STATE OF MADHYA PRADESH WP 11282/2006 (S) MAHESH CHANDRA SOLANKI Versus THE STATE OF MADHYA PRADESH WP 13804/2005(S) PREM KUMAR VERMA Versus THE STATE OF MADHYA PRADESH WP 15488/2005(S) KAMAL DAWAR Versus THE STATE OF MADHYA PRADESH WP 15489/2005(S) JITENDRA CHAUHAN Versus THE STATE OF MADHYA PRADESH WP 15493/2005(S) BHAGWAN SINGH RATHORE Versus THE STATE OF MADHYA PRADESH 2 WP 15494/2005 (S) MAnot MISHRA Versus THE STATE OF MADHYA PRADESH WP 15495/2005(S) RADHEY SHYAM AWASYA Versus THE STATE OF MADHYA PRADESH WP 15496/2005(S) SANTOSH KUMAR CHAUHAN Versus THE STATE OF MADHYA PRADESH WP 15498/2005(S) ALOK MORE Versus THE STATE OF MADHYA PRADESH WP 15500/2005(S) SUBHASH SOLANKI Versus THE STATE OF MADHYA PRADESH WP 6626.2006(S) SAMANDAR SINGH KADODIYA Versus THE STATE OF MADHYA PRADESH. WP 6627/2006(S) DAYARAM MALVIYA 3 Versus THE STATE OF MADHYA PRADESH WP 6628/2006(S) ATAL BIHARI Versus THE STATE OF MADHYA...


Jul 17 2012

Smt. Manju JaIn Vs. Sanjay Jain

Court: Madhya Pradesh

Decided on: Jul-17-2012

1....F.A.No.1061 of 2011 Smt. Manju Jain Sanjay Jain 17.7.2012 Shri Ajay Pratap Singh, Counsel is present alongwith the appellant. Shri Anubhav Jain Counsel is present alongwith the respondent. I.A.8016/2012 : Both the parties have filed this application for divorce on the basis of mutual consent. The application is supported by an affidavit of both the parties. The case was instituted at the instance of appellant before the Family Court, Tikamgarh under Section 13 of the Hindu Marriage Act seeking decree of divorce on the basis of various grounds including willful desertion. The trial Court rejected the application filed by the appellant on the ground that the grounds raised by the appellant were not proved against which this appeal has been filed. During the pendency of this appeal, we have also tried to reconcile the matter but it appears that there is no possibility of reconciliation between the parties. Thereafter, the present application has been filed by both the parties. Both t...


Jul 17 2012

Shravan Kumar Deepavare Vs. Deputy Registrar / Deputy Commissioner Coo ...

Court: Madhya Pradesh

Decided on: Jul-17-2012

Writ Petition No.2988/2012 17.7.2012 Shri Siddharth Gulatee, Advocate, for the petitioner. None for respondent no.1. Shri Ashok Tiwari, Advocate, for respondent nos.2 to 11. This petition, under Article 226 of the Constitution, is directed against the order dated 14.2.2012, Annexure P11, passed in Miscellaneous Case No.31/2011 by the Madhya Pradesh State Co-operative Tribunal, Bhopal (in short, the Tribunal.) whereby in a contempt application it has held that earlier Board of Directors was not reinstated and permitted respondent nos.2 to 10 to function as new Board of DirectORS.Respondent no.11 Vidyut Sharmik Griha Nirman Sahakari Samiti Limited is a Co-operative Society. On 26.8.2007 the petitioner was elected as member of the Board of Directors of the Society. Under sub-section (7-A)(i) of section 49 of the Madhya Pradesh Co-operative Societies Act, 1960 (in short, the Act.) the term of Board of Directors is of five years from the date on which fiRs.meeting of the Board of Directors ...


Jul 17 2012

Kamlendra Singh Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Jul-17-2012

IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Appeal No.2443/1997 Kamlendra Singh @ Pappu Singh VERSUS State of Madhya Pradesh --------------------------------------------------------------------------- Shri Satish Chaturvedi, counsel for the appellant. Shri Ajay Tamrakar, Panel Lawyer for the State/respondent. --------------------------------------------------------------------------- JUDGMENT (Delivered on the 17th day of July, 2012) The appellant has preferred this appeal against the judgment dated 12.11.1997 passed by learned Fourth Additional Sessions Judge, Rewa in S.T.No.301/1994, whereby the appellant was convicted for offence punishable under sections 307 read with section 34 and 341 of IPC and sentenced for one year's rigorous imprisonment with fine of Rs.500/- and one month's simple imprisonment. In default of payment of fine, an additional 3 months' rigorous imprisonment.2. Prosecution's case, in short, is that, on 27....


Jul 17 2012

Prahlad Das Tandia Vs. Principal Secretary the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-17-2012

1 HIGH COURT OF MADHYA PRADESH : JABALPUR WRIT PETITION No.206/2010 Prahlad Das Tandia Vs. State of Madhya Pradesh & others ____________________________________________________________ Shri V.K. Shukla, learned Counsel for the petitioner. Shri Lalit Joglekar, learned Panel Lawyer, for respondents No.1 to 4. Shri Jitendra Tiwari, learned Counsel for respondent No.7. ____________________________________________________________ Present : Honble Shri Justice K.K. Trivedi ____________________________________________________________ ORDER (17/07/2012) This petition is directed against the order dated 15.12.2009 passed by the Collector, Dindori, in an appeal preferred by respondent No.7, by which the appointment of the petitioner as Panchayat Karmi in Gram Panchayat, Dullopur, Block Bajag, District Dindori, has been cancelled, on the ground that the appellate authority has not properly considered the fact that rightful consideration was done by the Chief Executive Officer of Janpad Panchayat,...


Jul 17 2012

Smt. Kusum Rani Gaur Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-17-2012

W.P.No.1936/2010 17/07/2012 Shri Sourabh Tiwari, learned counsel for the petitioner. Shri Rajesh Tiwari, learned GA for the respondents/State. Claiming family pension after death of her husband and contending that family pension has been illegally denied to the petitioner, this writ petition has been filed by the petitioner. Petitioner's husband Late Shri R.S.Gaur was working in the Shri Ballabh Das Maheshwari College Sagar, the said college was receiving grant-in-aid and petitioner's husband was holding the post of Principal. As per the date of birth of the petitioner's husband, he was to superannuate on attaining the age of superannuation on 31.1.1985, however, he was not superannuated on the due date and was permitted to work and his services were brought to an end on 31.1.1987. In the meanwhile, before the petitioner's husband was superannuated, a pension scheme was introduced by the State Government which came into force w.e.f.1.4.1987 and was made applicable to all such persons, ...


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