Madhya Pradesh Court January 2013 Judgments
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Dr.N.S.Chauhan Vs. Z.B. Bishan Das Sahni and anr.
Court: Madhya Pradesh
Decided on: Jan-24-2013
1 HIGH COURT OF MADHYA PRADESH : JABALPUR Second Appeal No.687/1996 Dr. Narendra Singh Chouhan Vs. Z.S. Bishandas Sahni and another Present : Honble Mr. Justice R.S. Jha. For the appellant : Shri Avinash Patel, Adv. For the respondents : None JUDGMENT (24.01.2013) This appeal has been filed by the appellant/defendant who is the tenant of the respondents in respect of a building constructed on Survey No.240 Birsinghpur Pali being aggrieved by the judgment and decree dated 20.07.1996 passed by the District Judge, Shahdol in Civil Appeal No.8-A/91 and judgment and decree dated 06.08.1991 passed by the Civil Judge Class-I, Shahdol in Civil Suit No.50-A/89 whereby the suit for eviction filed by the respondents on the ground of bonafide need, arrears of rent and reconstruction has been decreed.2. This appeal has been admitted on the following substantial questions of law:- (1) Whether the appellant was 2 entitled to challenge the derivative title of the respondent No.2 even if it be assumed ...
Chottu @ Mahendra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-24-2013
HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No.1359/2011 Chottu @ Mahendra, son of Bhavrao Sukhade, aged about 21 years, Resident of H.No.236, Sudama Nagar, Front of Boudh Mandir, Distt. Bhopal Appellant vs. State of Madhya Pradesh, through SHO, P.S. Koh-e-Fiza (wrongly mentioned as P.S. Aishbagh), Distt. Bhopal Respondent ------------------------------------------------------------------------------------------------------------------------------------- Shri S. Mukherjee, Advocate for the appellant. Shri Akshay Namdeo, Panel Lawyer for the respondent/State. JUDGMENT (24.1.2013) This appeal has been preferred against the judgment-dated 28.4.2011 passed by VII Additional Sessions Judge, Bhopal in S.T. No.615/10, whereby the appellant was convicted under Section 392 of the IPC and sentenced to undergo R.I. for 4 years and to pay fine of Rs.2000/- and in default to suffer R.I. for 6 months.2. Prosecution story, in short, may be narrated thus (i) On 9.7.2010 at about 5:45 p.m....
Anil Kumar Singh Vs. First Additional Principal Judge
Court: Madhya Pradesh
Decided on: Jan-24-2013
Writ Petition No :10171. / 2011 Anil Kumar Singh versus Smt. Anju Singh (Ekka) and otheRs.24.01.2013. Shri R.K.Samaiya for the petitioner. None appears for the respondents even though served and represented by counsel. Challenging the order-dated 11.12.2010 passed by the FiRs.Additional Family Court, Bhopal in Case No.498/2009, awarding maintenance of `23,000/- to respondent Nos.2, 3 and 4, this writ petition has been filed. Petitioner and respondent No.2 were married and out the wedlock respondent Nos.3 and 4 are born. Certain proceedings have been initiated which are pending before the Family Court and in the said proceedings an application under section 125 CrPC was filed. The application was taken up for hearing in a Mega Lok Adalat, which was held on 11.12.2010, and on the basis of the consent given by the petitioner, maintenance of `23,000/- was directed to be granted to respondents 2, 3 and 4. It is the case of the petitioner that when the consent was taken from him in the Mega ...
Yogendra Potdar (Dead) Thr. Legal Representative Smt. Urmila Potdar Vs ...
Court: Madhya Pradesh
Decided on: Jan-24-2013
C.R. No.292/2009 -1- HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava C.R. No.292/2009 APPLICANTS Yogendra Potdar (since dead) through legal representatives of deceased leaving behind him:1. Smt. Urmila Potdar w/o Late Shri Yogendra Potdar 2. Virendra Potdar s/o Late Yogendra Potdar 3. Ajay Potdar s/o Late Yogendra Potdar, Nos.1 to 3 all R/o 6, Idgah Hills, Opposite Shalimar Apartment, Bhopal 4. Dr. Sunil Potdar d/o Late Yogendra Potdar w/o Dr. Hishan, R/o Ibra Poly Clinic, P.O. 100, Postal Code 424, Sultanat of Oman.5. Smt. Nalini d/o Late Yogendra Potdar w/o Anil Gharat, R/o Flat NO.153, Mimary (B) Building Ahmed Shawky Street Roshdy Alexandria Egypt. Versus RESPONDENTS 1 Dr. Ahmad Ali s/o Late Abid Hussain, R/o 5, Noor Mahal, Bhopal 2. Dilawar Hussain, adult, s/o Ahsan Hussain, R/o House No.6, Jabbar Building, Beldarpura, Bhopal ---------------------------------------------------------------------------------- Shri R.S. Tiwari, Advocate for th...
M/S New Bhopal Textile Mills Vs. Bechand Lal Gond
Court: Madhya Pradesh
Decided on: Jan-24-2013
1 Writ Petition No. 21638/2012 24.1.2013 Shri O.P. Namdeo, learned counsel for the petitioner. Shri Anoop Saxena, learned counsel for respondent No. 1. Heard. Order dated 20.11.2012 passed by Controlling Authority, under Payment of Gratuity Act, 1972 and Regional Labour Commissioner (C) Bhopal is being assailed vide this petition. By impugned order the Controlling Authority in an application under Rule 10 (1) of Payment of Gratuity (Central) Rules, 1972 filed by respondent No. 1 has rejected the preliminary objection raised by the petitioner employer as to maintainability of the application. Vide application in question, the respondent No. 1 has claimed the difference of gratuity arising due to enhancement of Ceiling of Gratuity to Rs.10 lacs. As having voluntary retired under modified voluntary scheme w.e.f. 19.7.2009, the respondent No. 1 was paid Rs.3,50,000/ towards gratuity. The ceiling was later on enha...
Pushpraj Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-24-2013
1 M.Cr.C.No.11907/2009 M.Cr.C No.11907/2009 24.01.2013 Petitioners by Shri A.K.Jain, Advocate. Respondent no.1/State by Shri Akhilesh Shukla, Deputy Government Advocate. This petition has been preferred under section 482 Code of Criminal Procedure, 1973 (in short Cr.P.C) for quashment of FIR registered at Crime No.61/2009 at police station- Gadarwara, District-Narsinghpur under section 286 IPC and under section 4/5 of Explosive Substance Act, 1998. On 31/01/2009 police-Gadarwara seized 680 bags of lumps of Ammonium Nitrate from the godown of Rajeev Chouksy (co-accused).These were purchased by petitioner no.1, doing business of manufacturing the non- explosive emulsion matrix under permission and licence of the government, from Gujrat Narmada Valley Fertilizer Company, Bharuch to be used as raw material for his factory situated at Waidhan, District-Singrauli. Transportation of aforesaid Ammonium Nitrate from Bharuch to Waidhan was assigned to petitioner no.2. It was being carried in tru...
Gop Singh Yadav Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-24-2013
WP 11143.10 Writ Petition No.11143 of 2010 (Gop Singh Yadav v The State of M.P.and two otheRs.24-01-2013 Shri Prabhakar Singh, learned counsel for the petitioner. Shri Vivek Sharma, learned Panel lawyer for the respondents/State. Heard. Order dated 17-5-2010 is being assailed vide this writ petition. By impugned order the petitioner has been relegated to the status of daily wager at Collector's rate from that of daily wager getting minimum of the scale. The impugned order has its genesis in the order passed in Writ Appeal No.778/2009, decided on 5-11-2009. The Writ Appeal was in turn directed against the order in Writ Petition No.7625/2009(s) decided on 7-8-2009 which was the second round of litigation. The fiRs.round having attained finality with the passing of order in O.A.No.3685/1993 when the directions given therein for grant of minimum of the scale culminated in order dated 19-4-2004 (Annexure-P/1).That, though the order passed in Writ Petition No.9900/2003 and other connected wr...
Pawan Kumar Pathak Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-24-2013
Writ Petition No.622/2013 24.01.2013 Mr.Pranay Choubey, learned counsel for the petitioner. Mr.Piyush Dharamadhikari, learned Government Advocate for the respondents. Learned Government Advocate for the respondents once again prays for adjournment in order to seek instructions in the matter and to file reply. Heard on the question of interim relief. Learned counsel for the petitioner submits that a limited departmental examination for recruitment for the post of Tracer is scheduled to be held on 27.1.2013. However, the petitioner is not being allowed to appear in the aforesaid examination on the ground that he has crossed 50 years of age. It is further submitted that fixation of the age limit is per se arbitrary and in case the petitioner is not permitted to appear in the departmental examination, he will suffer irretrievable prejudice. Taking into account the submission made by learned counsel for the petitioner and in the facts of the case, it is directed that the respondents shall p...
Shrish Kumar Vs. Ajay Kumar
Court: Madhya Pradesh
Decided on: Jan-24-2013
Writ Petition No :20438. / 2012 Shrish Kumar versus Ajay Kumar and State of MP. 24.01.2013. Shri M. Adil Usmani for the petitioner. Challenge in this writ petition under Article 227 of the Constitution is made to an interlocutory order-dated 9.11.2012, passed by Additional District Judge, Maihar, District Satna in Regular Civil Suit No.25-A/2007, whereby the learned Court has refused to take on record certain documents filed by the petitioner and rejected his application for taking the documents on record. Petitioner is plaintiff and has filed the suit in question for specific performance of a contract dated 13.12.2007 in respect of the suit property. The defendant/respondent has filed reply and has denied execution of the contract and says that no such contract was ever executed. In the pending suit, petitioner filed two applications one under Order XVIII Rule 17, and another under Order VIII Rule 3 read with section 151 of the Code of Civil Procedure. The application under Order XVI...
Ram Kripal Vs. Veerbhadra and ors.
Court: Madhya Pradesh
Decided on: Jan-24-2013
-( 1 )- S.A.No.449/1997 HIGH COURT OF MADHYA PRADESH: JABALPUR Second Appeal No.449 / 1997 Ram Kripal Versus Veerbhadra & others ______________________________________________ Shri Shiv Kumar Dubey, learned counsel for the appellant/defendant. Shri Satyendra Prasad, learned counsel for the respondents No.1 to 3. ______________________________________________ PRESENT : Honble Shri R.S. Jha, J.: JUDGMENT (24-01-2013) The appellant/defendant has filed this appeal being aggrieved by the judgment and decree dated 13-9-1995 passed by the 4th Additional District Judge, Rewa, in Appeal Case No.15-A/1993 whereby the judgment and decree dated 22-2-1991, passed by Civil Judge Class I, Mauganj, District Rewa, in Case No.198-A/1991, has been affirmed.2. The brief facts giving rise to the present appeal are that the respondents alongwith their mother, Smt. Sumitra wife of Kaushal Prasad filed a civil suit for declaration in -( 2 )- S.A.No.449/1997 respect of Khasra No.192, area 0.69 decimal situated...
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