Madhya Pradesh Court July 2012 Judgments
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Damodarlal Vs. Sanjay Singh Chouhan
Court: Madhya Pradesh
Decided on: Jul-31-2012
S.A. No.232 of 2012 31.07.2012: Shri A.D. Mishra, Advocate for the appellant. Heard on the question of admission. This appeal is admitted on the following substantial question of law: I. Whether the learned Lower Appellate Court was justified in dismissing the suit recording the finding that the suit shop is not of the ownership of the appellant and in view of the material so available on record, such finding is perverse?. Issue notice to the respondents on payment of process fee within seven days. Notice be made returnable within four weeks'. Learned counsel contends that I.A. No.7773/2012 has been filed on 10/7/2012 seeking stay of recovery of rent amount received by the appellant on deposit made by respondent, but said application has not been attached to the file. Every day while hearing the cases it is seen that the interlocutory applications filed by parties or advocates even prior to one week or fortnight ar...
Rachna Chandel Vs. Rani Durgavati University
Court: Madhya Pradesh
Decided on: Jul-31-2012
W.P.No.9800 / 2012 (Rachna Chandel versus Rani Durgawati University, Jabalpur) 31-07-2012 Shri Pankaj Dubey, learned counsel for the petitioner. Shri S.K.Shrivastava, learned panel lawyer, for the respondent/University. As directed by this Court, the learned Government Advocate has kept present Dr. Varsha Agluuc, Assistant Professor, Department of Zeology and Biotechnology, Govt. Model Science College, Jabalpur, who examined the answer sheets of the petitioner and found difference of only 01 mark at best. In the circumstances, the submission of the learned counsel appearing for the respondent/University is that the petition filed by the petitioner is totally misconceived and no case for grant of any relief is made out. The petition is accordingly dismissed. As directed earlier, the petitioner shall pay a cost of Rs.500/- with an additional amount of Rs.100/- towards expenses to the aforesaid examiner in the Court itself. With the aforesaid directions, the petition filed by the petition...
Manoj Kumar Saxena Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2012
1 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR W.P. No.12811/2006 (s) MAnot KUMAR SAXENA VS. STATE OF M.P. & OTHERS Present: Honble Shri Justice Rajendra Menon. Shri Rajendra Shrivastava, learned counsel for the petitioner. Shri Swapnil Ganguly, learned Panel Lawyer for the respondents State. Whether approved for reporting: Yes/ No ORDER ( 31-7-2012 ) Petitioner who was working as a Constable in the Police Department has been dismissed from service. Dismissal of the petitioner was due to certain allegations of misconduct leveled against him in a charge sheet Annexure P/ 1 dated 16.5.2005. A departmental enquiry was conducted and on the basis of finding of guilt recorded in a departmental enquiry, punishment in question of dismissal from service has been imposed. Appeal filed by the petitioner having been dismissed, petitioner is before this Court2. Shri Rajendra Shrivastava, learned counsel for the petitioner taking me through the allegations leveled in the charge sheet, sta...
M/S Oswal Chemicalsa and Fertilizer Limited Vs. the State of Madhya Pr ...
Court: Madhya Pradesh
Decided on: Jul-31-2012
....1 W.P.No.1474 o31. 7.2012 Shri Kishore Shrivastava, learned Senior Advocate with Shri Shashank Verma, Counsel for the appellant. Shri P.K.Kaurav, learned Dy. A.G.for the respondents. Learned counsel for the appellant submitted that today he has filed an affidavit of Anil Kumar Bhalla in compliance of order dated 24.7.2012. Shri Kaurav prays for further two weeks time to file affidavit of the concerned Secretary in compliance of order dated 24.7.2012. On the aforesaid prayer, learned counsel for the appellant submits that the respondent No.1 at the time of filing of the affidavit may also look into the provisions as contained under Sub Section 11 of Section 32 of the M.P.Commercial Act, 1994, which provides relaxation in the payment of interest and penalty and may submit a specific affidavit in this regard because in the matter of appellant installments were allowed by the respondents which the appellant had deposited much before the last date of payment of installments. The aforesa...
M/S Wallace Flour Mill Co.Ltd. Vs. Krishi Upaj Mandi Samiti
Court: Madhya Pradesh
Decided on: Jul-31-2012
FA No.731/10. 31.7.2012 Shri Manikant Sharma, learned counsel for the appellant. Shri Rakesh Jain, learned counsel for the respondent. In the couRs.of arguments on I.A.No.11349/10, appellants application for condoning the delay in filing the appeal as the same is filed barred by 57 days in response of some query of the Court based on some averments of the application as well as availability of alternate forum to resolve the alleged dispute of this appeal on which, instead to argue further appellants counsel prayed for appropriate direction to place this matter before the Lok Adalat for amicable settlement or to withdraw this appeal with liberty to approach the appropriate forum to resolve the alleged dispute. The respondents counsel did not have any objection in giving such direction to place this matter before the Lok Adalat. In view of the aforesaid by virtue of Section 89 of CPC., Office is directed to place this matter before the Lok Adalat which is to be held in near future. Certi...
Rajkumar Singh and ors. Vs. Pushpendar Singh and ors.
Court: Madhya Pradesh
Decided on: Jul-31-2012
FA No.04/1999 31.07.2012 Shri Awinath Patel, learned counsel for the appellants. Shri G.S.Baghel, learned counsel for the respondent Nos.1 to 3. None for respondent No.4, although served. Shri Akhilesh Shukla, learned Dy. GA for the respondent no.5. After arguing for 10-15 minutes on merits of the matter in response of some query of the court based on Section 164 of the M.P.Land Revenue Code 1959, instead to argue further today, appellants' counsel seeks short adjournment to examine some more legal position before making the submissions. Let this matter be listed for further arguments in the week commencing 21.8.2012. (U.C.Maheshwari) Judge bks...
Abhilasha College of Education Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2012
1 W.P. No. 18354/2010 31.7.2012 Counsel for the parties present. For the reasons stated in the order passed today separately in W.P. No. 14932/2010 Jawaharlal Nehru College v. Barkatullah University and others this petition is also disposed of with the following directions: (i) That, the State Government in coordination with Western Regional Committee and respective examining bodies, i.e., Universities, shall take a decision within a period of one month in respect of admissions made for the academic session 200809 as to whether the same was in consonance with the Regulations framed by the NCTE and the statutory policy framed by the State Government, if any, and whether the students have been imparted the teaching in accordance with the norms laid down by the NCTE. (ii) That, after ascertaining the above, and after having satisfied that the students in respective colleges ...
Dr. Zakir HussaIn College of Education Vs. Western Regional Committee ...
Court: Madhya Pradesh
Decided on: Jul-31-2012
1 W.P. No. 591/2011 31.7.2012 Counsel for the parties present. For the reasons stated in the order passed today separately in W.P. No. 14932/2010 Jawaharlal Nehru College v. Barkatullah University and others this petition is also disposed of with the following directions: (i) That, the State Government in coordination with Western Regional Committee and respective examining bodies, i.e., Universities, shall take a decision within a period of one month in respect of admissions made for the academic session 200809 as to whether the same was in consonance with the Regulations framed by the NCTE and the statutory policy framed by the State Government, if any, and whether the students have been imparted the teaching in accordance with the norms laid down by the NCTE. (ii) That, after ascertaining the above, and after having satisfied that the students in respective colleges w...
Smt. Phoolan Devi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2012
31.7.2012 Shri Sharad Verma, Advocate for the applicant. Shri Prakash Gupta, PL for the State. Admit. Call for the case diary. Heard on I.A.No.14866/2012, which is an application for grant of ad-interim anticipatory bail to the applicant. The applicant apprehends her arrest in connection with Crime No.140/2012 registered at P.S.Naigarhi, District Rewa for the offence punishable under Sections 498-A, 306/34 of the IPC. Learned counsel for the applicant submits that applicant has been falsely implicated in the case. She is mother-in-law of deceased Premwati, who died after 30 years of her marriage. The applicant and her husband reside separately. A ration card has been filed in this regard. After the death of deceased, her parents have falsely implicated in the applicant and co-accused in this case. The applicant is a permanent resident of village Kot, thus, there is no possibility of her absconding. The applicant is 65 years old lady and is a reputed citizen of the locality, in the even...
Devdatt Tiwari Vs. Geeta Bai
Court: Madhya Pradesh
Decided on: Jul-31-2012
S.A.No.248/2012 31.07.2012 Shri A.D.Mishra, learned counsel for the appellant. Heard on the question of admission. This appeal is admitted on the following substantial question of law : i) Whether two Courts below committed error to decree the suit without having any proof that the suit property is the ancestral property, however, the finding so recoded in the suit for partition is perveRs.?. ii) Whether two Courts below committed error to declare the registered sale deed executed by Chhotibai before partition in favour of appellant on 6/7/2000 as null and void, and the finding so recorded in this respect is unsustainable and perveRs.?. Issue notice to the respondents, on payment of P.F.within three days. Also heard on I.A.No.2450/2012, which is an application for stay. Until further ordeRs.status-quo, as exist today, with respect to suit property shall be maintained by the parties. C.C.as per rules. (J.K.Maheshwari) Judge ts...
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