Madhya Pradesh Court January 2013 Judgments
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Smt. Sheela Bai Patel Vs. Ashok Kumar Patel
Court: Madhya Pradesh
Decided on: Jan-31-2013
1 HIGH COURT OF MADHYA PRADESH ; JABALPUR Cr.R.No.1514/2012 Smt Shila Bai and another Vs. Ashok Kumar Patel For the Applicants : Shri B.J.Chourasia, Advocate. For the Respondent : Shri Pradeep Naveriya with Smt Varsha Kothari, Advocate. ORDER (Oral) (31 /01 /2013 ) U.C. Maheshwari,J.The applicants/the wife and son of the respondent, have directed this revision under section 397 read with 401 of the Cr.P.C in connection of the order dated 10.5.2012 passed by the I Add. Principal Judge, Family Court, Jabalpur in MJ.No.12/12 whereby allowing their application of section 125 of the Cr.P.C in part, the respondent has been directed to pay Rs.900/- per month to applicant No.1 and Rs.400/- per month to applicant No.2 as maintenance. As such they have come for further enhancement of such sum.2. The facts giving rise to this revision in short are that applicant No.1 herein got married with respondent in accordance with the rites and rituals of Hindu community on dated 23.1.07 at Jabalpur. Out of...
Dr.M.C.Agrawal Vs. Vice Chancellor
Court: Madhya Pradesh
Decided on: Jan-31-2013
1 W.P.No.14144/2005 31.01.2013 Shri P.K.Tiwari, learned counsel for the petitioner. Shri P.N.Dubey, learned counsel for the respondent. Heard. Quashment of order dated 8.10.2004, is being sought vide this petition with a direction to respondents to regulate the pay and settle pensionary benefits as per order dated 15.1.2013. Impugned order is consequent to fixation of pay as on 27.7.1998 of the petitioner upon his promotion as Professor in the scale of Rs.16400-450-20900-500-22400 under Career Advancement Scheme at Rs.16400 with the date of next increment on 27.7.1999. Initially appointed as demonstrator w.e.f.15.1.1968, petitioner was promoted to the post of Associate Professor (scale Rs.3700-125-49500-150-5700) by order dated 5.12.1984. While Associate Professor petitioner was selected and appointed as National Fellow w.e.f.12.1.1995 in scale Rs.4500-150-4700-200-7300. The pay was fixed at Rs.5100. Later on revision of pay scale of Rs.4500-7300 to Rs.16400-450- 20900-500-22400 w.e.f....
Pushp Kumar JaIn Vs. Smt. Shobharani @ Savitri Bai
Court: Madhya Pradesh
Decided on: Jan-31-2013
MA No.354/12 31.01.13. Shri R.P.Khare, learned counsel for appellant. None for respondent no.1 to 7 though served. Shri Gopal Jaiswal, learned counsel for respondent no.8. Learned counsel for appellant submits that this Court, on 7.5.12, while considering IA No.1223/12, granted two weeks time to file reply to the counsel appearing for respondent no.8 on an undertaking given by him that his party will not alienate or transfer the suit property to any third party. But the application was kept pending for further consideration not only with respect to respondent no.8 but with respect to respondent No.1 to 7 also. Learned counsel for respondent no.8 again prays for and is granted four weeks time to file reply to IA No.1223/12. Considered IA No.1223/12, an application under O.39 R.1-2 CPC with respect to respondent No.1 to 7. Looking to the circumstances of the case, it is directed that respondent no.1 to 7 shall not alienate or transfer or sale the suit property to any third party 2 and wi...
Chhabilal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-31-2013
1 HIGH COURT OF MADHYA PRADESH AT JABALPUR DIVISION BENCH:HON'BLE SHRI JUSTICE RAKESH SAKSENA HON'BLE SMT JUSTICE VIMLA JAIN CRIMINAL APPEAL No.274/2007 Chhabbilal Goud,S/o Gohra Goud Aged about 32 years Occupation Labourer R/o Gram Naijhar Police Station Gughri District Mandla (MP) Appellant Versus State of Madhya Pradesh Through Police Station Gughri District Mandla (MP) Respondent ------------------------------------------------------------------------------------------- Smt Durgesh Gupta, Advocate for the appellant. Shri Amit Pandey, Panel Lawyer for the State. Date of hearing :24. 1.2013 Date of judgment:31. 1.2013 (JUDGMENT ) Per: Vimla Jain, J Appellant Chabbilal Goud preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 11.1.2007 passed by Additional Sessions Judge, Mandla in Sessions Trial No.129/2006, whereby he has been convicted and sentenced as under:- 2 Provision Sentence Under Section 302 of IPC Imprisonment fo...
Kundan Lal Vs. Dr. H.S.Gour V.V. Sagar Th: Registrar
Court: Madhya Pradesh
Decided on: Jan-31-2013
1 w.p.no.5844.2002 W.P.No.5844/2002 31.01.2013 Shri J.L.Agnihotri learned counsel for the petitioner. Shri V.Mishra, learned counsel for respondent no.1. Heard. Order dated 3.7.2001 is being assailed vide this petition. Vide impugned petitioner has been compulsory retired under clause 57(1) (e) of University Code 31, having been found guilty of charges in a departmental enquiry. Employed as Chowkidar in Dr. Harishing Gaur Univeristy petitioner was placed under suspension on 16.4.1999 in contemplation of an enquiry.Charge Sheet was served on 22/24.5.1999. Two charges levelled against the petitioner were of remaining unathorised on certain dates in September 1996, October 1996, November 1996, December, 1996 and January 1997 and secondly was found sleeping on 28.5.1998 during night duty. Petitioner denied the charges and submitted that in future he will be more attentive and any mistake committed may be pardoned. Denial of charges led to initiation of 2 w.p.no.5844.2002 departmental enqui...
Anjani K. Tiwari Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jan-31-2013
1 Writ Petition No. 16010/2003 (Original Application No. 5081/2000) 31.1.2013 Shri A.P. Singh, learned counsel for the petitioner. Smt. Sheetal Dubey, learned Government Advocate for respondents. Heard. Order dated 5.7.2000 is being assailed vide this petition; whereby the punishment of stoppage of two increments with non cumulative effect and the recovery of Rs.36928/ said to be the loss incurred to the revenue by order dated 6.3.1995 has been upheld. Petitioner, a Forester, Forest Department was subjected to a proceeding under Rule 16 of Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 vide notice dated 19.5.1994 whereon it was alleged that, because of the conduct unbecoming of government servant the government has been put to loss of 117 plank of fuel wood being unauthorizedly felled from the forest area. Petitioner vide reply dated 4.6.1994 denied the allegations. The disc...
Sayed Mohd. Ali Naqvi Vs. Smt. Nasreen Fatima
Court: Madhya Pradesh
Decided on: Jan-31-2013
Cr R No.181 o30. 01.2013 Shri Adeel Usmani, learned counsel for the applicants. Having heard on the question of admission, it is directed that on payment of PF alongwith requisites of registered post within three working days, the notice against admission of this revision as well as consideration of IA No.143/13, returnable by fixing a date in the month of March 2013, be issued to the respondent, failing which this revision shall stand dismissed automatically without further reference to the Bench. The interim prayer shall be considered after receiving the service report of said notice. ( U.C.Maheshwari ) Judge bks...
Pushpanjali H.S.School Vs. Regional Provident Fund Commissioner
Court: Madhya Pradesh
Decided on: Jan-31-2013
Writ Petition No.950/2011 31.1.2013 Shri P.C.Chandak with Shri Uttam Maheshwari, Advocates, for the petitioner. Shri J.K.Pillai, Advocate, for the respondents. This petition is directed against the order dated 24.11.2010 passed by respondent no.2 Employees Provident Fund Appellate Tribunal, Delhi, whereby it has dismissed the petitioners appeal no.ATA/218(8)/2007 and confirmed the order dated 31.1.2007 as passed by respondent no.1 Regional Provident Fund Commissioner, Jabalpur. The petitioner is a registered society and is running a school since academic session 1990-91. On 21.10.1991 the Enforcement Officer allegedly visited the establishment of petitioner and reported that 33 employees were found. The petitioner disputed the report of Enforcement Officer. Thus, a dispute arose before respondent no.1 under section 7A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (in short, the Act.) regarding applicability of the Act. The petitioner before respondent no.1 sub...
Ramrati Mishra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-31-2013
1 Writ Petition No. 4709/2010 (S) 31.1.2013 Shri A.K. Mishra, learned counsel for the petitioner. Shri A.K. Sharma, learned Panel Lawyer for respondents. Heard. Petitioner, wife of deceased Vishwanath Mishra, vide this petition seeks direction to respondents to pay revised pension w.e.f 1.1.1986. Husband of the petitioner was employed as Forest Guard, Forest Division Mandla when he retired w.e.f 31.7.1987 on attaining the age of superannuation. He expired on 18.9.2002. That, there were some dispute regarding fixation of his pension; however, before the same could be settled, he expired. From the return and additional submissions made on behalf of respondents it appears that only provisional pension was sanctioned. There is no details regarding refixation of pay of deceased and the revision of pension thereof. Return and additional submissions are merely eyewash and does not deal at a...
Sabir Mohammad Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-31-2013
1 M.Cr.C.No.14288/2012 M.Cr.C No.14288/2012 31.01.2013 Petitioner by Shri Puspendra Dubey, Advocate with Shri Alok Vagrecha, Advocate. Respondent/State by Shr Akilesh Shukla, Deputy Government Advocate. Shri A.D.Mishra, Advocate for objector/complainant. This petition has been preferred under section 482 Cr.P.C for quashment of FIR registered at police station Kotwali, District-Chhindwara at Crime No.1047/2012 under section 420 IPC on the basis of report of Muhammad Muzzamil, Advocate. Facts of the case, in short, are that on 05/10/2012 at about 3.15 pm at police station Kotwali, Muhammad Muzzammil made a complaint alleging that on 06/10/2004, petitioner agreed to sell a plot admeasuring 3600 sq.feet for a consideration of Rs.1,00,000/-. At the time of agreement Rs.60,000/- have been paid in presence of the witnesses and after sometime Rs.5000/- more also have been paid. Agreement to sell to that effect was executed. Purchaser i.e Muhammad Muzzammil filed Civil Suit No.12-Aa/2005 seeki...
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