Madhya Pradesh Court July 2012 Judgments
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Nathu Ram Vs. Babu Lal and anr.
Court: Madhya Pradesh
Decided on: Jul-10-2012
1 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR Second Appeal No.866/1996 Nathuram......................................................... Appellant Versus Babulal and others............................................. Respondents For the appellant: Shri A.K.Jain, Advocate None for the respondents ============================= Present: Hon'ble Mr.Justice Alok Aradhe ---------------------------------------------------------------------------------------------- JUDGMENT (10.07.2012) This appeal has been filed by the plaintiff. This Court vide order dated 06.5.1997 while admitting the appeal had formulated the following substantial question of law:- Whether the Court below wrongly interpreted Ex.P-1?..2. Facts giving rise to filing of the appeal, briefly stated, are that the plaintiff filed the suit on the ground that he was allotted a land admeasuring 10 dismil by order dated 03.2.1953 (Exhibit-P1) passed by the 'Naib Tahsildar'. On the part of aforesaid land the plaintiff co...
Rakesh Agrawal Vs. B. S. Jaggi
Court: Madhya Pradesh
Decided on: Jul-10-2012
HIGH COURT OF MADHYA PRADESH : JABALPUR MCrC No.9076/2011 (1) Rakesh Agrawal, son of Late Shri Vishambhar Dayal Agrawal, Managing Editor Dainik Bhaskar, Jabalpur (2) Manmohan Agrawal, son of Late Shri Vishambhar Dayal Agrawal, Chief Editor Dainik Bhaskar, Jabalpur (3) Kailash Agrawal, son of Late Shri Vishambhar Dayal Agrawal, Managing Director Dainik Bhaskar, Jabalpur Petitioners vs. B.S. Jaggi, son of Late Shri K.S. Jaggi aged about 56 years, Town Inspector City Kotwali, Satna Respondent ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri Ajay Mishra, Senior Counsel with Sanjeev Mishra, Advocate for the petitioners. Shri H.S. Ruprah, Senior Counsel with Shri Harpreet Ruprah, Advocate for the respondent. ---------------------------------------------------------------------------------------------------------------------...
Ashok Kumar Upadhyaya Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-10-2012
HIGH COURT OF MADHYA PRADESH : AT JABALPUR Writ Petition No :15940. of 2007(S) Ashok Kumar Upadhyaya - V/s - State of MP and otheRs.Present : Honble Shri Justice Rajendra Menon. -------------------------------------------------------------------------------------- Shri R.C.Tiwari, learned counsel for the petitioner. Shri Sanjeev Kumar Singh, Panel Lawyer, for the State. -------------------------------------------------------------------------------------- Whether approved for reporting: Yes / No.ORDER 10/07/2012 Challenging the order-dated 19.5.2005 Annexure P/5 passed by the competent disciplinary authority dismissing the petitioner from service on the grounds of unauthorized absence for various periods; and, the order-dated 28.2.2006 Annexure P/7, passed by the appellate authority, dismissing his appeal, petitioner has filed this petition. 2- Even though the petitioner has raised various grounds in the writ petition challenging the departmental proceedings, but during the couRs.of ...
Babu Khan Vs. Abdul Latif
Court: Madhya Pradesh
Decided on: Jul-10-2012
HIGH COURT OF MADHYA PRADESH : JABALPUR CRI. REVISION NO.858/2008 Babu Khan, son of Lal Khan, aged about 69 years, Resident of House No.5, Tansen Gali, Ward No.12, Gadri Mohalla, Seoni Malwa, Distt. Hoshangabad Petitioner - Versus - (1) Abdul Latif Khan, son of Aziz Khan, aged about 62 years, Resident of House No.4, Ward No.12, Tansen Gali, Seoni Malwa, Distt. Hoshangabad (2) State of M.P. Respondents ------------------------------------------------------------------------------------------------------------------------- Shri Ramesh Tamrakar with Shri Anwar Ahmad, Advocates for the petitioner. Shri A. Usmani, Adv. for the respondent no.1. Smt. Pratibha Mishra, P.L. for the respondent no.2. ------------------------------------------------------------------------------------------------------------------------- CRIMINAL REVISION NO.1450/2008 Abdul Latif Khan, son of Aziz Khan, aged about 62 years, Resident of House No.4, Ward No.12, Tansen Gali, Seoni Malwa, Distt. Hoshangabad Petitioner...
Shoaib Alias Sohail Khan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-10-2012
1 Criminal Revision No.74/12 10.07.2012. Smt.Shimla Jain with Shri Nitin Jain, Advocates for petitioner. Shri Akshay Namdeo, PL for State. Heard on IA No.13974/12, an application for taking documents on record. The documents sought to be taken on record are copies of statements of Dr.Shailendra Kumar Nigam (PW.1).Dr.P.K.Gole (PW.2) and Dr.V.K.Dubey (PW.3) recorded by 3rd ASJ.Bhopal during enquiry about minority of the petitioner. Since the documents may be helpful in deciding this petition, hence IA 13974/12 is allowed. The documents are taken on record. Heard finally at motion stage with the consent of learned counsel for the parties. Perused the documents. This petition under Section 397/401 of Cr.P.C.has been filed in order to quash the charge and proceeding against the petitioner on the ground that petitioner was 2 minot and not above 18 years of age at the time of incident and he cannot be tried by a regular Court, he could be tried only before the Juvenile Board. As per school ce...
Bihari Chaturvedi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-10-2012
W.P.No.4986/2012 (Bihari Chaturvedi & ORS.versus State of M.P.& Ors.) 10.07.2012 Shri Anil Khare, learned Sr.Counsel with Shri D.D.Bhargava for the petitioneRs.Shri S.S.Bisen, learned Govt. Advocate for the respondent/State. Heard on the question of admission and interim relief. The petitioneRs.who are undergoing sentence and are lodged in prison, have filed this petition claiming premature release by giving them the benefit of remission in accordance with the circulars of the State Government prevailing prior to issuance of the circular dated 10.01.2012 as well as the decision of the Supreme Court rendered in the case of State of Haryana & ORS.versus Jagdish AIR 201.SC 1690. It is submitted that the respondents authorities have not considered the case of the petitioners for release from prison in accordance with law and therefore, they be directed to reconsider the case of petitioners in accordance with law and the aforesaid judgment. The learned Govt. Advocate submits that the petiti...
Smt. Rashmi Gangra ( Jain) Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-10-2012
1 HIGH COURT OF MADHYA PRADESH : JABALPUR W.P. No.15978/2010 (S) Smt. Rashmi Gangra (Jain) Vs. State of MP and others. Present : Honble Mr. Justice R.S. Jha. For the petitioner: : Shri P.R. Bhave, Sr. Advocate with Shri Bhanu Yadav , Advocate. For the respondent : Shri S.K. Shrivastava, P.L. No.1 to 3: For the respondent No.4. : Shri Sanjay Dwivedi, Advocate. ORDER (10.7.2012) The petitioner has filed this petition being aggrieved by order dated 20.09.2010 passed by the District Project Coordinator, District Education Centre, Damoh whereby the additional charge of the post of Warden of Kasturba Gandhi Girls Hostel, Khaderi has been taken away from her.2. It is submitted by the learned senior counsel appearing for the petitioner that the substantial post of the petitioner is Shiksha Karmi (Assistant Teacher) and she was initially posted at Naveen Girls Primary School, Harrai. Subsequently, the State Government floated Kasturba Gandhi Girls School Scheme in the yea2008. 09 proposing to e...
Nirmal Kumar JaIn Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-10-2012
HIGH COURT OF MADHYA PRADESH AT JABALPUR Writ Petition No :6053. OF 2001(S) Nirmal Kumar Jain - V/s - State of Madhya Pradesh and others Present : Honble Shri Justice Rajendra Menon. ---------------------------------------------------------------------------------------- Shri Shaket Agrawal, Advocate, for the petitioner. Shri Vivek Sharma, for respondent no.1 Shri Vivekanand Awasthy, learned counsel for respondent nos. 2 , 3 and 4. None appears for respondent no.4, even though served. ---------------------------------------------------------------------------------------- ORDER (10-07-2012) The petitioner was working as a Secretary in the Krishi Upaj Mandi Samiti, Sagar. On the allegation of certain misconduct committed by him, he was proceeded against in a departmental inquiry and a punishment of stoppage of 3 increments with cumulative effect was imposed upon him vide order dated 04-08-2000. Challenging the aforesaid order passed by the respondent no.3, appeal filed before the respon...
Kanahiya and ors. Vs. the State of M.P.and anr.
Court: Madhya Pradesh
Decided on: Jul-10-2012
1 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR Second Appeal No.269/1995 Kanahiya and others..................................... Appellants Versus State of M.P. and another............................. Respondents For the appellants: Shri Amit Mishra, Advocate For the respondent :Shri Akhilesh Singh, Panel No.1 Lawyer For the respondent: Shri Ashok Pali, Advocate No.2 ========================== Present: Hon'ble Mr.Justice Alok Aradhe ---------------------------------------------------------------------------------------- JUDGMENT (10.07.2012) This appeal has been preferred by the defendants. This Court vide order dated 16.2.2000 while admitting the appeal had formulated the following substantial question of law:- Whether in view of the admission made by the respondent that the appellants did not allow him to take possession of the suit land despite the compromise filed between the parties in the revenue court, the claim of the appellants that the suit is barred by limitatio...
Mahendra Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-09-2012
W.P.No.9119/2012 (Mahendra Singh versus State of M.P.& Ors.) 09.07.2012 Shri Ajay Sen learned counsel for the petitioner. Shri S.S.Bisen, learned Govt. Advocate for the respondent/State on advance copy. Heard on the question of admission. The petitioner has filed this petition alleging in action on the part of the respondent authorities against respondent No.4 inspite of the fact that while working as Panchayat Secretary of Gram Panchayat Kher Bamhori, District Tikamgarh he has been found guilty and sentenced to rigorous imprisonment by the competent court for a period of five years by judgment dated 28.09.11. It is stated that the respondent No.4 has only suspended him and proceedings for removing him from the post of Panchayat Secretary have not been taken by him, as a result of which the working of the panchayat is suffering. The learned Govt. Advocate submits that the representation filed by the petitioner shall be considered and acted upon in accordance with law by the concerned r...
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