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Madhya Pradesh Court August 2012 Judgments

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Aug 06 2012

Akkoo @ Ajjoo Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Aug-06-2012

6.8.2012 Shri V.K.Rishi with Shri Arup K. Das, Advocates for the applicants. Shri Akhilendra Singh, GA for the State. This is the fiRs.bail application filed by the applicants under Section 439 of the Cr.P.C.for grant of bail. At the outset, learned counsel for the applicants prays for withdrawal of this application with respect to applicant No.2 Bhagwandas @ B.D.Sonkar. Prayer is allowed. This application is dismissed as withdrawn with respect to applicant No.2 Bhagwandas @ B.D.Sonkar. Applicant No.1 Akkoo @ Ajjoo is in custody since 13.2.2012 in connection with Crime No.176/2012 registered at P.S.Gohalpur, District Jabalpur for the offence punishable under sections 147, 148, 294, 506, 307, 323/34 of the IPC. Learned counsel for the applicant submits that applicant No.1 Akkoo @ Ajjoo has been falsely implicated in this case. It is alleged that he assaulted Mohit Tiwari by Baseball stick. At the most, it would be a case under section 325 of the IPC. The applicant is in custody and tria...


Aug 06 2012

Dr. Amarjyoti Toppo Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Aug-06-2012

Dr.Amarjyoti Toppo versus State of MP and others W.P.No.11928/2012 06/08/2012 Shri Y.M.Tiwari, learned counsel for the petitioner. Shri Vivek Sharma, learned PL for the respondents. With consent of parties, the matter is heard finally. In this writ petition, the petitioner who is posted as Assistant Veterinary Hospital, Betul has challenged the validity of the order dated 13.7.2012 by which she has been transferred from Betul to Bhainsdehi which is situate at a distance of 75 kilometres in the same district. Learned counsel for the petitioner submits that the order of transfer has been passed with a view to accommodate Respondent No.3, who is wife of Dr. Raj Kamal Meshram. It is further submitted that Dr. Raj Kamal Meshram and his wife Dr. Chanchal Meshram namely Respondent No.3 have submitted applications for their transfer on request and in view of the requests made b...


Aug 06 2012

Anupam Khare Vs. Deepali Shrivastava

Court: Madhya Pradesh

Decided on: Aug-06-2012

CR.R.No.349.11 06.08.2012 Shri Deelip Pandey, Advocate, for applicant. Shri S singh, Adv.for respondent. Learned counsel for the respondent submits that he has not received copy of I.ANo.5981/12 together with documents. Learned counsel for the applicant is directed to supply the same to the learned counsel for the respondent during the couRs.of the day. Heard on I.A not I.ANo.5981/12 an application for taking document on record. Applicant filed copy of order sheet of DB of this Court passed in F.A.No.840/11 dated 4.1.2012 . The document is helpful in deciding this case hence I.A not I.ANo.5981/12 is allowed and it is directed that it is taken on record List for consideration of I.A.No.4621/11 an application for stay in the week commencing from 21.8.2012. (M.A.SIDDIQUI) JUDGE Ag/...


Aug 06 2012

Alok Kumar Dikshit Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Aug-06-2012

W.P.No.4345/2011 (Alok Kumar Dikshit versus State of MP and otheRs.06.08.2012 Shri R.S.Yadav, learned counsel for the petitioner. Shri Amit Sharma, learned P.L.for the State. The learned counsel for the petitioner prays for and is permitted to withdraw this petition with liberty to assail the impugned order availing the remedy provided under the M.P.Land Revenue Code, 1959. It is made clear that in case the petitioner files appeal or revision as the case may be, within four weeks along with a copy of the order passed today, the authority concerned to hear and decide the same on merits and shall not dismiss it only on the ground of limitation. With the aforesaid liberty/observation, the petition filed by the petitioner stands disposed of as withdrawn. (R.S.Jha) Judge msp...


Aug 06 2012

Ratnesh Shrivastava Vs. Union of India

Court: Madhya Pradesh

Decided on: Aug-06-2012

W.P.No.11975/2012 (Ratnesh Shrivastava versus State of M.P.and Ors.) 06.08.2012 Shri Anil K. Jain, learned counsel for the petitioner. Shri Govind Patel, learned counsel for the respondents. Heard on the question of admission and interim relief. The petitioner has filed this petition alleging that the respondent authorities have granted extension to M/s Suvidha Superfast services, whose agreement had been terminated in January, 2012, which is resulting in loss to the petitioner as well as to the Railway Administration. It is submitted that though the petitioner has brought this fact to the notice of the railway administration and has requested them to implement the agreement entered into by the railway authorities with the petitioner on 12.06.2012 by filing a representation but the authorities are sitting silent over the matter and have not taken any decision thereon till date. The learned standing counsel for the Railways submits that the matter shall be examined by the competent auth...


Aug 06 2012

Smt. Shama Bharti Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Aug-06-2012

M.Cr.C.No.7418/2012 6/08/2012 Shri R.K.Samaiya, learned counsel for the applicant. Shri C.K.Mishra, P.P.for the respondent/State. Heard finally. This is the fiRs.bail application filed by applicant under Section 438 of the Cr.P.C.for grant of anticipatory bail. The applicant is apprehending her arrest in connection with Crime No.189/11, registered at Police Chowki Jayant, P.S.Vindhya Nagar, District Singrauli for the offence punishable under Sections 419, 420, 467, 466, 474 and 120-B of IPC. Learned counsel for the applicant submits that applicant has been falsely implicated in this case. It is alleged that total eight persons are involved in this case of defalcation and forgery. It is further submitted that applicant is not the main accused however, she is bonafidely ready to deposit Rs.75,000/- under protest within 15 days before the Magistrate who took cognizance against her for the said offence. The similarly placed co-accused Arjun Prasad Pandey has already been enlarged on bail b...


Aug 06 2012

Gulami Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Aug-06-2012

Cr.R.No.1398/12 06.08.2012 Shri S.A.R.Sidique,Adv.for applicant. Shri Vivek Kushwaha, P.L.for respondent/State. Heard on I.A No.15641/12 an application for exemption to file typed copy of challan. Learned counsel for the applicant submits that hand written copy of challan has been given to the applicant by police hence copy of the same has been filed. Looking to the facts and circumstances of the case and the fact that record is bulky and copy of challan of police is hand written I.A No.15641/12 is allowed. Applicant is exempted from filing typed copy of challan. Learned counsel for respondent/ State wants some time to call for the case diary. As prayed time is granted. List in the week commencing from 27.8.2012. (M.A.SIDDIQUI) JUDGE Ag/...


Aug 06 2012

Saleem Khan Vs. Nazma Bi

Court: Madhya Pradesh

Decided on: Aug-06-2012

W.P.No.10513/2012 06.08.2012 Shri Umesh Shrivastava, Advocate for petitioneRs.Heard on the question of admission. Issue show cause notice to the respondents No.1 to 3 on payment of process fee within three working days. Service be made by registered AD post as well as ordinary mode. Also heard on I.A.No.9068/2012, which is an application for grant of interim relief. Issue notice of this application to the respondents No.1 to 3 on payment of process fee within three working days. Service be made by registered AD post as well as ordinary mode. Till further ordeRs.operation of impugned order dated 14.06.2012 (Annexure-P/1) and order dated 07.06.2011 (Annexure-P/2) shall remain stayed. Notices be made returnable within three weeks. In the meantime, the petitioners if so advised, may file civil suit. Certified copy as per rules. (A.K.Shrivastava) JUDGE. SS...


Aug 03 2012

Malviya Higher Secondary School NaikIn Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Aug-03-2012

W.P.No.5880/2012 (Malviya Higher Secondary School versus State of M.P.& Ors.) 03.08.2012 Shri Kuldeep Singh, learned counsel for the petitioner. Shri S.P.Rai, learned Panel Lawyer for the respondent/State. Heard on the question of admission and interim relief. The present petition has been filed by the petitioner who prays for a direction to the respondents to consider their representation for taking over of the School by the Government, by claiming parity with the directions issued by this Court in W.P No.2679/2004. It is submitted by learned counsel for the petitioner that in view of the subsequent events and the orders passed by this court in W.P.No.2679/2004 and 1123/2011, the respondent authorities be directed to reexamine the claim of the petitioner/institution for being taken over by the State Government. The learned Panel Lawyer appearing for the State submits that in case the petitioner submits a representation before the authorities, the same shall be considered in accordance...


Aug 03 2012

N.T.Fransis Vs. Co-operative Society

Court: Madhya Pradesh

Decided on: Aug-03-2012

W.P.No.3635 / 2006 (N.T.Francis ..Vs..Cooperative Society & another) 03-08-2012 Ms.Durgesh Thapa, learned counsel for the petitioner. None for the respondent No.1. Shri Anup Nair, learned counsel for the respondent No.2. The petitioner has filed this petition being aggrieved by the fact that the petitioner has been removed from service by the G.C.F.Industrial Cooperative Society, the respondent No.1, with whom the petitioner was working as a welder. Though notices were issued by this Court but the respondent No.1 had not entered appearance. The respondent No.2 has filed I.A.No.3979/2009 for dismissing the petition on the ground that the petitioner was admittedly an employee of the cooperative society as stated by him in the petition. In the circumstances, the appropriate remedy of the petitioner is to approach the Registrar, Cooperative Societies or his nominee under the provisions of Section 55 of the M.P.Cooperative Societies Act. The learned counsel for the petitioner has filed the ...


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