Madhya Pradesh Court September 2012 Judgments
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Vinod Kumar Choudhari Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-03-2012
W.P.No.7216/2012 03.09.2012 Shri Vivek Shukla, learned counsel for the petitioner. Shri Yogesh Dhande, learned Deputy Government Advocate for the respondents/State on advance copy. Though the answer book has not been placed on record by the petitioner after obtaining it under Right to Information Act, but a categorical statement has been made that the answer book of the petitioner was not checked and this fact was orally informed to the petitioner. Looking to the aforesaid, let an appropriate short affidavit to this effect be filed by the respondent No.4, to indicate as to why the answer book of the petitioner was not checked. The affidavit be filed within two weeks. List immediately after two weeks. (K.K.Trivedi) Judge b...
Smt. Shanti Tiwari Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-03-2012
W.P.No.13904/2012 03.09.2012 Shri Manot Patel, learned counsel for the petitioner. The solitary claim made by the petitioner in this petition is that though the revision of pay rules have been made applicable with effect from the date the same were made applicable for the Government employees in the local bodies like Municipal Council and Municipal Corporation and though the petitioner has attained the age of superannuation and retired after coming into force of the said rule, the benefit is not extended to the petitioner and the arrears of salary has not been paid to her. The petitioner has made representations before the competent authorities of respondents, but the same have not yet been decided, therefore, she has come before this Court. The fact remains that there were instructions of the State Government issued in respect of payment of the entire arrears of salary in lumpsum, in case an employee has attained the age of superannuation after coming into force of the rules between 0...
Chetan Patel Vs. the Registrar Firms and Society
Court: Madhya Pradesh
Decided on: Sep-03-2012
W.P.No.14116/2012 (Chetan Patel versus Registrar Firms & Ors.) 03.09.2012 Heard Shri Shekhar Sharma, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition praying for a limited relief of a direction to the respondent No.2, the Assistant Registrar, Firms and Society, Indore to expeditiously conclude the enquiry pending before him under Section 32 of the M.P.Societies Registrikaran Adhiniyam, 1973 in respect of the alleged complaints regarding mismanagement and misappropriation of funds against the Sewa Society, Khandwa. It is submitted that as the enquiry is not being concluded expeditiously, the elections of the society has been delayed, due to which,the society which is an N.G.O., has not been able to fulfill its objectives. In view of the limited prayer made by the learned counsel for the petitioner, without entering into the merits of the petition, the petition filed by the petitioner is disposed of with a directio...
Brindawan Gupta Vs. Principal Secretary the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-03-2012
W.P.No.13536/2012 03.09.2012 Shri S.K.Singh, learned counsel for the petitioner. Though a belated claim is made by the petitioner for benefit of arrears of salary and pension for the period of 1998 to 2003, it is contended that in 2002 the petitioner was superseded and he was making the representation. Ultimately he was promoted in the year year 2003, but with prospective effect without any discloser of the fact that why he was not promoted in the earlier year. not the claim is made for the benefit of promotion with retrospective effect and to make payment of the arrears of salary and pension. As far as the arrears part in concerned, such a claim being highly belated is not to be accepted at all. This writ petition is entertained only for the purposes of examination why petitioner was superseded. If he succeeds, he will get only the paper seniority. Issue notice of this writ petition to the respondents on payment of P.F.within 7 days by registered A.D.The notices be made returnable in ...
Vikram Singh Rajput Vs. Secretary the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-03-2012
Vikram Singh Rajput & ORS.versus State W.P.No.13754/2012 3/9/2012 : Smt. Smita Arora, learned counsel for the petitioneRs.Shri Rajesh Tiwari, learned Govt. Adv.for the respondents on advance notice. Petitioners are working as Constable and posted in District Sagar. By the impugned order dated 14.7.2012 petitioners have been transferred to neighboring Districts. Challenge to the order of transfer is made mainly on the ground that it is contrary to M.P.Police Regulations and pointing out various personal difficulties, petitioners seek interference in the matter. Having heard learned counsel for the parties and on perusal of the record it is seen that seeking cancellation of their transfer petitioners have already submitted their representation and as the said representations are pending, for the present without entering into the controveRs.on merits, the competent authority is directed to decide the representations of the petitioners within a period of four weeks from the date of receipt...
Smt.Afroz Anjum Khan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-03-2012
WRIT PETITION No.14033/2012 03/09/2012 Shri Hemant Bhannarwar, learned counsel for the petitioner. Shri Yogesh Dhande, learned Deputy Government Advocate for respondents. Learned counsel for the petitioner seeks permission to make appropriate application for amendment in the writ petition, impleading the Municipal Corporation, Khandwa through its Commissioner as party. If such an application is made during the couRs.of the day the same would stand allowed and the correction be incorporated in the writ petition. There were instructions of the State Government to make payment of arrears of salary after making application of the Sixth Pay Commission recommendations. The State Government has earlier issued the instructions directing all the Commissioner of Municipal Corporation to make payment of arrears of salary in five installments to those employees who remained in the employment till the year 2014. However, those who have to retire in between 01/01/2006 to 01/05/2014, the direction wa...
Ramlal Vs. Ganesh Dhayat
Court: Madhya Pradesh
Decided on: Sep-03-2012
M.A.No.3842/10 03.09.2012 Shri Vijay Shukla, Advocate for appellant. Heard finally. This appeal has been preferred by appellant to quash Order dated 21.07.10 and the consequential award dated 29.07.10 by which the claim petition of appellant has been dismissed for want of evidence by 2nd Addl.Member MACT, Pawai, District-Panna in MACT No.20/09. Perused the certified copy of impugned ordeRs.Learned counsel for appellant submits that on 21.07.10 appellant was ill and medical certificate was annexed but no time was granted and right of appellant to produce the evidence was closed and case was fixed for evidence of non-applicant on 29.7.10 on which date the award by which the claim petition was dismissed has been declared. Though more than three opportunities were granted to appellant to produce evidence, but it is the cardinal principle of natural justice that nobody should be condemned unheard and when the circumstances are beyond the power of parties, then opportunity ought to have been...
Saint Andrews Marthoma Church Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-03-2012
W.A.No.896/2012 03.09.2012 Shri A.K.Jain, Advocate for appellant. This appeal is directed against an order dated 22nd June, 2012 in W.P.No.2590/2012, which was finally disposed of by the Single Judge by an order which is referred thus:- "Having heard the learned counsel for the parties, I am of the considered opinion that the order passed by the Tahsildar, Jabalpur, under Section 250 of the Code only related to the encroachment and construction made by Shri Pawan Baba which has already been removed by the authorities and the order has been complied with and in the garb of an order under Section 250 of the Code the petitioner cannot be permitted to obtain a direction from this Court to remove the ancient structure (Gufa) and the idol which are standing on the spot much before the purchase of the land by the petitioner. As the order passed by the Tahsildar has already been complied with and a report to that effect has already been submitted before this Court, nothing further survives for...
Chhotu @ Mahendra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-03-2012
HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT, JABALPUR SINGLE BENCH PRESENT: HON'BLE JUSTICE SHRI N. K. GUPTA CRIMINAL APPEAL NO.1142/2011 Jumman @ Javed Vs. State of Madhya Pradesh ........................................................................................................... For the appellant : Shri Sandeep Koshta, Advocate. For the respondent: Shri G. S. Thakur, Panel Lawyer. ........................................................................................................... CRIMINAL APPEAL NO.1440/2011 Chhotu @ Mahendra Vs. State of Madhya Pradesh ........................................................................................................... For the appellant : Shri A. K. Gupta, Advocate. For the respondent: Shri G. S. Thakur, Panel Lawyer. ........................................................................................................... JUDGMENT (Delivered on the 3rd day of September, 2012) Both the appeals arose from the judgment dated 30.4...
Rakesh Kumar Mehra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-03-2012
Rakesh Kumar Mehra versus State & ORS.W.P.No.14173/2012 04/09/2012 Shri Manish Tiwari, learned counsel for the petitioner. Petitioner is working as a Panchayat Secretary and has been transferred from Gram Panchayat Kalyanpur to Gram Panchayat Dandiya Janpa Panchayat, Chavarpada in the same District- Narsinghpur. Challenge to the order of transfer is made mainly on the grounds with regard to low payment of the petitioner, his own ailments due to accident which occurred in the year 2006-07 and old age of mother. In view of the above, I am of the considered view that the grounds raised in this writ petition are such which are to be considered by the competent authority. Accordingly, it is directed that on the petitioner's filing a certified copy of this order along with a representation within one week, the competent authority shall consider and decide the same within a period of four weeks' from the date of receipt of certified copy of this order. Till the aforesaid exercise is not compl...
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