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Madhya Pradesh Court July 2012 Judgments

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Jul 06 2012

Rajendra Kumar Chourasiya Vs. Dy. Inspector General

Court: Madhya Pradesh

Decided on: Jul-06-2012

W.P.No.5279/2012 6.7.2012 Shri Anand Chourasia, learned counsel for the petitioner. Petitioner has filed this writ petition challenging the action of respondent No.2 in not permitting the petitioner to join duties. Record indicates that petitioner was appointed in the establishment of CISF, Bhopal on 1.4.91, thereafter he was posted in the Central Steel Plant at Bokaro from where in the year 1992 it seems that he left on ground of certain ailment and treatment. Petitioner claims that he was under treatment right from 1992 upto 2010 and in the year 2010 when he became fit, he reported for duty and when respondents No.2 and 3 did not permit him to join duty, he has filed this writ petition. Apart from the fact that petitioner has not taken any action between the year 1992 to 2011, the fact remains that petitioner was an employee in the establishment of the respondent at Bokaro, he was working at Bokaro from where he went for his so called treatment and not he wants that respondents No.2 ...


Jul 06 2012

Shantanu Kothekar Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-06-2012

Criminal Appeal No.13/2011 6.7.2012 Shri Ashish Tiwari, counsel for the appellant. Shri P.C.Gupta, Panel Lawyer for the State/ respondent. Heard on I.A.No.12517/2012, an application for declaring the appeal as abated and to return the property seized from the appellant. The appellant is convicted for offence punishable under section 409 of IPC and sentenced for 5 yeaRs.rigorous imprisonment with fine of Rs.18,50,000/-. It was also directed that he shall undergo for 1 yeaRs.additional sentence in default of payment of fine. It was also directed that one Tata Sierra vehicle, one motor-cycle, one computer printer and a wrist watch seized from the appellant may be auctioned and auctioned amount may be adjusted in the fine amount imposed upon the appellant. It was also directed that on payment of fine of Rs.18,50.000/-, a sum of Rs.18,35,000/- out of that fine amount may be given to Madhya Pradesh Sahkari Bank Maryadit, Jabalpur. Learned counsel for the appellant submits that as per the pro...


Jul 06 2012

Rajkumar Rawat Vs. the D.C. Kendriya Vidyalaya Sangathan

Court: Madhya Pradesh

Decided on: Jul-06-2012

W.P.No.9180 / 2012 (Rajkumar Rawat & another .v.D.C., Kendriya Vidyalaya, Sangthan, Jabalpur & otheRs.06-07-2012 Shri P.S.Tomar, learned counsel for the petitioner. Shri S.K.Rao, learned senior counsel with Shri Ranvir Singh, for the respondents. Heard on the question of admission. The petitioner has filed this petition claiming admission in Kendriya Vidyalaya, Sagar after having obtained a transfer certificate from Kendriya Vidyalaya, Dongargarh, in the State of Chhattisgarh. The learned senior counsel appearing for the respondents, on instructions, submits that as the last date for admission I.e.30th of April, 2012 is over, this matter shall not be processed and considered by the Head Office of the respondent/Vidyalaya at New Delhi. In the circumstances, the petition filed by the petitioner is disposed of with liberty to the petitioner to pursue the matter before the competent authority of the respondents. It goes without saying that in case the petitioner files a fresh representatio...


Jul 06 2012

Municipal Council Nainpur Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-06-2012

W.P.No.9729 / 2008 (Municipal Council, Nainpur..v...State of M.P.& otheRs.06-07-2012 Shri Mohan Sausarkar, learned counsel for the petitioner. Shri Samdarshi Tiwari, learned Govt. Advocate for the respondent/State on advance copy. Heard on the question of admission and interim relief. The learned counsel for the petitioner submits that the only relief sought in the present petition is a direction to the respondent/police authorities as well as administrative authorities of Nainpur, District Mandla to provide police protection and aid in execution of the orders passed by the petitioner in accordance with the provisions of Section 320(3)(ii) of the M.P.Municipalities Act, 1961. The learned Govt. Advocate submits that in case the petitioner requests for such assistance, the authorities would duly provide the same in accordance with law. It is stated by the learned counsel for the petitioner that similar and identical petition (W.P.No.9593/2012) has been disposed of by this Court by order ...


Jul 06 2012

Munindra Kumar Sen Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-06-2012

W.P.No.9005/2012 (M.K.Sen versus State of M.P.& Ors.) 06.07.2012 Heard Shri S.K.Dwivedi, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition alleging that the respondent Nos.6 to 8, with the connivance with respondent No.4, is compelling the petitioner to keep respondent No.6 and her daughter as his wife, otherwise he would face dire consequences. It is submitted that the petitioner has approached the higher authorities, but no action has been taken till date. In the circumstances, the petition filed by the petitioner is disposed of with a direction to the respondent Nos.2 and 3 to look into the matter and take action in accordance with law. To enable the authorities to do so, a copy of the order passed today alongwith a copy of the petition be served upon them by the petitioner. With the aforesaid direction, the petition filed by the petitioner stands disposed of. C.C.as per rules. (R.S.Jha) Judge gn...


Jul 06 2012

Kalawati Vs. Brajmohan and ors.

Court: Madhya Pradesh

Decided on: Jul-06-2012

1 HIGH COURT OF MADHYA PRADESH AT JABALPUR S.A No.727/1994 Kalawati W/o late Laxman Prasad .................................Appellants VERSUS Mohini Devi w/o late Braj Mohan and Others ...............Respondents ======== For the appellant :Shri Umesh Shrivastava, Advocate For the respondents :Shri R.K. Patel, Advocate Present :- Hon'ble Shri Justice Alok Aradhe JUDGMENT (06-07-2012) This appeal has been preferred by the plaintiff. This court vide order dated 16-02-1996, while admitting the appeal had formulated the following substantial question of law :- Whether in view of the fact that appellant allowed the respondent to grow certain fruit bearing as well as flower bearing trees for the land in dispute, it could be said that the respondents had perfected their title to the suit land by adverse possession ?.. Thereafter, today the following additional substantial question of law was framed. Whether the first appellate Court, which is the final court of facts, was justified in dismissi...


Jul 06 2012

The Engineer-in-chief Vs. Hargovind Soni

Court: Madhya Pradesh

Decided on: Jul-06-2012

W.P.No.13564/2005 6.7.2012 Shri Rajesh Tiwari, learned Govt. Adv.for the petitioner. Shri Manot Chandurkar, learned counsel for respondent No.1 workman. Challenging the order passed by the Labour Court, Bhopal as contained in Annexure P/3 dated 15.3.2002 and the order passed by the Industrial Court Annexure P/5 dated 3.9.2004 rejecting an appeal of the State Government on the ground of delay, this writ petition has been filed. Record indicates that seeking his classification respondent employee filed an application under Section 31 read with Section 61 of the M.P.Industrial Relations Act and vide order dated 15.3.2002 the said application was allowed by the Labour Court. Even though the order was supplied to the State Government on 2.7.2002 it seems that the appeal was filed beyond the period of 30 days as stipulated under Section 65 of MPIR Act. There is a delay of more than three months of filing the appeal which was presented on 2.7.2002 and on the ground of unexplained delay of mor...


Jul 06 2012

Vishnu Giri Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Jul-06-2012

1 Cr.A. No.1114/1996 22HIGH COURT OF MADHYA PRADESH JABALPUR Criminal Appeal No.1114/1996 Vishnu Giri Vs. State of Madhya Pradesh -------------------------------------------------------------------------------------------- Present : Hon'ble Shri Justice N.K. Gupta. ----------------------------------------------------------------------------------------------------------- Name of counsel for the parties: Shri G.P. Dhimole, counsel for the appellant. Shri Prakash Gupta, Panel Lawyer the respondent/State. ----------------------------------------------------------------------------------------------------------- JUDGMENT (Passed on 6th day of July, 2012) The appellant has preferred this appeal against the judgment dated 19.6.1996 passed by the 1 st Additional Sessions Judge Katni in S.T. No.508/91, whereby the appellant was convicted for the offences punishable under Sections 306 and 498-A of IPC and sentenced for six years R.I. with fine of `1,000/- and two years R.I. with fine of `500/- ...


Jul 06 2012

M.S. Rajput Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-06-2012

W.P.No.14089/2007 6.7.2012 Shri S.P.Singh, learned counsel for the petitioner. Shri Ashish Shroti, learned counsel for the respondent No.5. This writ petition was filed in the year 2007 and at that point of time grievance of the petitioner was that a person junior to him respondent NO.5 is given the charge of Assistant Engineer Workshop in the Mechanical Sub Division at Jabalpur, ignoring the claim of the petitioner. It is pointed out by Shri Ashish Shroti, learned counsel for respondent No.5 that at the relevant time when the petition was filed, the petitioner was already attained 57 years of age and not he would have attained the age of superannuation. As the petition was filed in the year 2007 only for grant of temporary charge and not after more than five years the entire scenario would have changed, Shri Shroti submits that this petition is not rendered infructuous. Keeping in view the aforesaid and finding much force in the contentions raised by Shri Shroti and accepting the same...


Jul 06 2012

The State of M.P. Vs. Jagdeesh @ Jawahar and ors.

Court: Madhya Pradesh

Decided on: Jul-06-2012

1 HIGH COURT OF JUDICATURE MADHYA PRADESH, JABAPLUR SB: HON. SHRI JUSTICE N.K.GUPTA. CRIMINAL APPEAL NO.1385 OF 199.State of Madhya Pradesh. Vs. Jagdish alias Jawahar & others. --------------------------------------------------------------------------------------- Shri Prakash Gupta, Panel Lawyer for the appellant/State. Shri Basant Daniel, Advocate for the respondents. --------------------------------------------------------------------------------------- JUDGMENT (Delivered on the 6th day of July, 2012) The State has preferred this appeal against the judgment dated 20.9.1996 passed in Criminal Case No.284/1992 by the Judicial Magistrate First Class, Bina District Sagar (Shri M.H.Ansari) by which the respondents were acquitted from the charges of offence punishable under Section 498-A of IPC and Section 4 of Dowry Prohibition Act.2. The prosecution case, in short, is that the marriage of the complainant Meena (PW-1) took place with the respondent Jagdish alias Jawahar on 26.6.1990. At...


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