Madhya Pradesh Court July 2012 Judgments
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Raghuveer Prasad Sen Vs. Sanjay Kumar
Court: Madhya Pradesh
Decided on: Jul-17-2012
Criminal Appeal No.2034/2011 17.07.2012 Shri P.S.Tomar, Advocate for the appellant. Shri B.R.Koshta, Advocate for the respondents No.1 to 5. Shri G.S.Thakur, Panel Lawyer for the respondent No.6-State. Heard on admission. The appellant has preferred this appeal against the respondents No.1 to 5 under Section 372 of Cr.P.C.being aggrieved with the judgment dated 23.8.2010 passed by the Additional Sessions Judge to the Second Additional Sessions Judge, Khurai District Sagar in ST No.228/2009 whereby the respondents No.1 to 5 were acquitted from the charges of offence punishable under Sections 306 and 498-A of IPC. The prosecution case, in short, is that the marriage of the deceased Anita took place with the respondent Sanjay on 26.1.2000. The deceased died on 13.11.2008 due to drowning in a well at Village Khimlasa Tahsil Khurai District Sagar. Thereafter the parents of the deceased have made allegations of dowry demand and harassment against the respondents No.1 to 5 and a case was regi...
Chandramohan Garhewal Vs. the Chairman
Court: Madhya Pradesh
Decided on: Jul-17-2012
W.P.No.15147/2012 17-7-2012 Shri N.S.Ruprah with Shri Satish Sharma, learned counsel for the petitioner. Shri V.S.Shroti, learned Senior Counsel with Shri Amit Nagpal, for the respondents. Petitioner was working as a Branch Manager in Satpuda Chhetriya Gramin Bank when by the impugned order dated 5.5.2006 petitioner has been reverted from the post of Officer Category Scale 2 to Scale 1 and his pay has been fixed in the minimum of the pay scale. Challenge to the aforesaid order of punishment after departmental enquiry has been made on various grounds of procedural irregularities, perversity in the finding so also on the ground that the allegation leveled in the charge sheet have not been established. It is also pointed out that for the same set of allegations dual punishment has been imposed which is impermissible. Even though respondents by filing return have tried to justify their action but during the couRs.of hearing of this writ petition it transpires that under regulation 47 and 4...
Pradeep Kumar Patel Vs. Jabalpur Development Authority
Court: Madhya Pradesh
Decided on: Jul-17-2012
W.P.No.10856/2007(S) (Pradeep Kumar Patel versus J.D.A.) 17.07.2012 Shri Sanjay Verma, learned counsel for the petitioner. Shri Piyush Bhatnagar, learned counsel for the respondent. Heard. By this petition under Article 226 of the Constitution of India, the petitioner has challenged the validity of the impugned order dated 30.04.2007 passed by the Industrial court in Appeal No.110/2004 MPIR whereby the order dated 19.03.2004 passed by the learned Labour court in case No.101/MPIR Act has been reversed and set aside and the application filed under section 31(3) of the M.P.Industrial Relation Act, 1960 ( for short the Act.) has been rejected. No exhaustive statements of fact are required to be narrated for the purpose of disposal of this petition. Suffice to say that an application under section 31(3) of the Act was filed by the petitioner/employee before the labour court praying to classify him on the post of Mali (Gardner).A written statement was filed on behalf of the respondent and th...
Ntpc Limited Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-17-2012
HIGH COURT OF MADHYA PRADESH : JABALPUR Misc. Cri. Case. No.10868/2010 NTPC and others Petitioners - versus - State of M.P. and another ...Respondents ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Misc. Cri. Case. No.10869/2010 NTPC and others Petitioners - versus - State of M.P. and another ...Respondents ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Misc. Cri. Case. No.10871/2010 NTPC and others Petitioners - versus - State of M.P. and another ...Respondents ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Misc. Cri. Case. No.10872/2010 NTPC and others Petitioners - versus - State of M.P. and another ...Respondents ------...
Rajkishore Vs. the Dir.Gen.,b.S.F. and ors
Court: Madhya Pradesh
Decided on: Jul-17-2012
1 HIGH COURT OF MADHYA PRADESH AT JABALPUR Writ Petition No :1382. Of 2005 Rajkishore Gupta V/s The District General of Border Security Force & Others Present : Honble Shri Justice Rajendra Menon. -------------------------------------------------------------------------------------------- Shri Rajneesh Gupta, learned counsel for the petitioner. Smt. Kanak Gaharwal, learned counsel for respondents. -------------------------------------------------------------------------------------------- ORDER 17.7.2012 Challenging the order dated 15/16.10.2004 passed by respondent No.3 rejecting the claim of petitioner for grant of 100% disability pension, petitioner has filed this writ petition.2. Facts that have come on record indicates that petitioner was recruited in the establishment of Border Security Force as a Constable on 16.11.1987. After completing his basis training in Tekanpur, he was posted to 73 Battalion, B.S.F. on 21.9.1988, thereafter he continued to work. When on 30.1.1999 he was g...
K.C. Bhargava Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jul-17-2012
HIGH COURT OF MADHYA PRADESH : JABALPUR. Writ Petition No.24146/2003 (O.A.No.59/1999) K.C.Bhargava. Vs State of M.P.And otheRs.PRESENT : Honble Shri Justice K.K.Trivedi.J.Shri Hemant Shrivastava, learned counsel for the petitioner. Shri Piyush Dharmadhikari, learned Govt. Advocate, for respondents. ORDER (17.7.2012) 1: This petition was originally filed as Original Application in the M.P.Administrative Tribunal Bench at Bhopal. After closure of the Tribunal, the Original Application has been transmitted to this Court and has been registered as writ petition. 2: The petitioner in this petition has challenged the validity of order dated 7.1.1998, by which the appeal filed by the petitioner against the order of punishment has been dismissed as also the order of punishment dated 14.12.1996, by which the petitioner was compulsory retired after holding a departmental enquiry. Mainly, it is contended by the petitioner that while he was in service, working on the post of Motor Transport Office...
Dayaram Chouhan Vs. Chhanganlal
Court: Madhya Pradesh
Decided on: Jul-17-2012
1 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR Second Appeal No.449/2000 Dayaram Chouhan........................................... Appellant Versus Chagganlal Parmar.................................... Respondent For the appellant: Shri S.Chandra, Advocate For the respondent: Shri B.M.Dwivedi, Advocate ========================= Present: Hon'ble Shri Justice Alok Aradhe ------------------------------------------------------------------------------ JUDGMENT (17.07.2012) This appeal has been filed by the plaintiff-landlord. This Court vide order dated 19.12.2011 had admitted the appeal on the following substantial questions of law:-1. Whether the lower Appellate Court was right in reversing the judgment and decree granted by the Trial Court for eviction of the tenant u/s 12(1) (a) of M.P. Accommodation Control Act?.2. Whether in the changed circumstances, the judgment and decree of the Lower Appellate Court is sustainable or is required to be modified?..2. Facts giving rise to...
Rewanchal Gyan Prabodhini Chikitsa Shiksha Prabhag Vs. the State of Ma ...
Court: Madhya Pradesh
Decided on: Jul-17-2012
Writ Petition No.4316/2011 17.7.2012 Shri A.P.Singh, Advocate, for the petitioner. Shri Rahul Jain, Deputy Advocate General for the State/ respondent nos.1 to 3. Shri P.K.Kaurav, Deputy Advocate General for the State/ respondent nos.4 and 5. By this petition, the petitioner has essentially prayed that respondent no.3 Commissioner, Directorate of Higher Education, Bhopal, be directed to grant No Objection Certificate (NOC) to its educational institution for conducting paramedical courses in the academic session 2010-11. According to the petitioner, it is a private paramedical institution and is being run by the education society registered under the provisions of the Madhya Pradesh Societies Registrikaran Adhiniyam 1973. The petitioner submits that the State Government granted permission/recognition vide order dated 3.6.2010, Annexure P3, under section 24 of the Madhya Pradesh Paramedical Courses Council Act, 2000 to conduct certain paramedical courses. The paramedical courses for which...
Santosh Kumar Gupta Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jul-17-2012
1 Cr.A No.2018/2003 HIGH COURT OF MADHYA PRADESH AT JABALPUR DIVISION BENCH:HON'BLE SHRI JUSTICE RAKESH SAKSENA HON'BLE SHRI JUSTICE T.K. KAUSHAL CRIMINAL APPEAL No.2018 OF 200.APPELLANT: Santosh Kumar Gupta, S/o Baratilal Gupta, aged 32 years, R/o Village- Devra, P.S. Maihar At present Shiksha Karmi Grade-III, Karaiya (M.P) Versus RESPONDENT: State of MP ****************************************************************** For appellant : Shri Deepak Pendharkar, Advocate For Respondent : Shri Amit Pandey, Panel Lawyer ****************************************************************** Date of hearing :17. 07/2012 Date of judgment: /07 /2012 This appeal has been preferred under section 374(2) of the Code of Criminal Procedure, 1973 (in short Cr.P.C) against judgment dated 25/11/2003 passed by Additional Sessions Judge, Maihar in Sessions Trial No.34/2003 convicting the appellant under section 376 IPC and under section 342 IPC for committing rape on minot prosecutrix, after confining her in...
Ravindra Singh Chouhan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-16-2012
1....MCC.No.28 o16. 7.2012 Shri B.N.Mishra, Counsel for the applicant. Shri P.K.Kaurav, learned Dy. A.G.for respondents No.1,2 and 4. Shri Pranay Verma, Counsel for respondents No.5,6 and 8. This application is filed for restoration of W.P.2194/2001 which was a Public Interest Litigation and was dismissed in default on 4.1.2005. There is delay in filing this restoration application. Applicant has filed another application I.A.125/06 seeking condonation of delay. Considering the subject matter of the writ petition, we find it appropriate to restore W.P.2194/2001. Due to an inordinate delay in filing this restoration application, we propose to impose cost on the petitioner. Accordingly, both the applications are allowed with the following directions:- Petitioner to make payment of cost of Rs.3000/- to the respondents No.5,6 and 8 within a period of 15 days and to file acknowledgment in the office. On furnishing receipt in the office, office to restore W.P.2194/2001 to its number and to p...
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