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Madhya Pradesh Court January 2013 Judgments

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Jan 30 2013

Bhojraj Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jan-30-2013

1 30/1/2013 Shri Suyash Tripathi, counsel for the petitioner. Smt. Pratibha Mishra, learned Panel Lawyer for the respondent. This petition has been preferred under Section 482 of Cr.P.C, seeking quashment of FIR registered at Crime No.124/12 at Police Station Kotwali, Katni under Sections 166, 177, 182, 203, 221, 220, 384, 388, 420, 467, 468, 469, 471, 408, 409, 120-B read with Section 34 of IPC. Let notice of this petition be issued to respondent No.2, though he is co-accused in the case, by RAD. Steps within three days. Notice be made returnable within three weeks. Let case diary be called for and list the matter in the week commencing from 11/3/2013 for consideration of stay application. (Tarun Kumar Kaushal) JUDGE dcs/- 2...


Jan 30 2013

Bhagwandas Vs. Prakash Chandra

Court: Madhya Pradesh

Decided on: Jan-30-2013

Bhagwandas versus Prakash Chandra & ORS.Writ Petition No.9325 30. 1.2013: Shri K.K.Agnihotri, learned counsel for the petitioner. Petitioner has filed a civil suit for declaration of permanent injunction in respect of certain property situated in KhaSr.No.6/2 area 0.202 acres situated in village Jatkara, Tahsil Rajnagar, District Chhatarpur, the suit is pending in the court of IIIrd Civil Judge, Class-I Chhatarpur, the suit has been numbered as Civil Suit No.53-A/2011. However, an earlier suit filed by respondent No.2 with regard to the same property is pending which is filed as Civil Suit No.33-A/2010 and is also pending in the same court. Respondent No.2 filed an application in the civil suit filed by the petitioner namely Civil Suit No.53-A/2011 seeking stay of the said suit on the ground that an earlier civil suit filed by respondent No.2 being Civil Suit No.33-A/2010 is still pending, the application under Section 10 having being allowed and the civil suit filed by petitioner i.e....


Jan 30 2013

Rahul Dixit Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jan-30-2013

1 30/1/2013 Shri P.R.Bhave, Senior Counsel with Shri Shailash Tiwari, counsel for the petitioneRs.Smt. Nirmala Nayak, Government Advocate for the respondent /State. This petition has been preferred under Section 482 of Cr.P.C, for quashment of FIR registered at Crime No.45/12 at Police Kotwali, Hoshangabad and subsequent trial, based under Section 498-A of IPC, on the basis of report of respondent No.2. Let notice of this petition be issued to respondent No.2 by RAD. Steps within two working days. Notice be made returnable within one week. List the matter in the week commencing from 18/2/13. In the meantime, learned Government Advocate shall ensure the availability of the case diary. (Tarun Kumar Kaushal) JUDGE dcs/-...


Jan 30 2013

indrabahadur Singh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jan-30-2013

Indrabahadur Singh versus State of M.P.& ORS.Writ Petition No.1367 30. 1.2013: Shri Sanjay Verma, learned counsel for the petitioner. Shri S.S.Bisen, learned Government Advocate for respondents/State, on advance notice. Challenging the order Annexure P-1 dated 11.1.2013 passed by respondent No.3, the Conciliation Officer, who has initiated conciliation proceedings under the Industrial Dispute Act and prohibiting the petitioner to appear and participate in the conciliation proceedings, this writ petition is filed. Petitioner claims to be the General Secretary of the Paper Mills Karmchari Sangh (INTUC) of Trade Union, registered under the Trade Union Act, 1926. Petitioner through his union has raised certain dispute with regard to the employees working in the Security Paper Mill at Hoshangabad. In the said conciliation proceedings, as the petitioner is prohibited from participating, this writ petition is filed. Shri Sanjay Verma, learned counsel for the petitioner invites my attention to...


Jan 30 2013

Satanand Mishra Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jan-30-2013

Writ Petition No.336/2013 30.01.2013 Mr.Vijay Kumar Shukla, learned counsel for the petitioner. Learned counsel for the petitioner submits that he has paid the process fee today. In view of aforesaid statement, the office objection is ignored. Heard on I.A.No.1156/2013, an application for stay. Learned counsel for the petitioner submitted that this Court while entertaining the writ petition has granted interim order dated 11.1.2013. However, the respondent No.2 with a view to victimise the petitioner has issued order dated 10.01.2013, by which the petitioner has been posted in Zila Panchayat, Shahdol. Taking into account the submission made by learned counsel for the petitioner and in the facts of the case, it is directed that the operation and effect of order dated 10.1.2013 shall remain stayed till next date of hearing. Certified copy as per rules. (Alok Aradhe) Judge RC....


Jan 30 2013

Amzad Khan Vs. Khiladi Gond and anr.

Court: Madhya Pradesh

Decided on: Jan-30-2013

Second Appeal No.577 / 2002 (Ku. Gazala Nasira & ors....Vs.Union of India & another) 23-01-2013 Heard Shri Ashish Shroti, learned counsel appearing for the appellant/plaintiffs on the question of admission. This appeal has been filed by the appellants being aggrieved by the judgment and decree dated 1-7-2002 passed by the 10th Additional District Judge, Bhopal, in C.A.No.29-A/2001, affirming the judgment and decree dated 16-7-2001, passed by the 3rd Civil Judge Class I, Bhopal, in C.S.No.120-A/2000, whereby the suit filed by the appellant/plaintiffs for declaration and permanent injunction was dismissed by the trial Court. It is submitted by the learned counsel for the appellants that the forefathers of the appellant/plaintiffs were using a plot on which a house stands since long which was gifted to the appellants in the year 1976 by their grand mother and since then they are in peaceful possession of the property and access to the same from the South side is through a passage adjacent...


Jan 30 2013

Ram Singh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jan-30-2013

1 M.Cr.C.No.1201/2013 M.Cr.C No.1201/2013 30.01.2013 Petitioner by Shri Rajneesh Gupta, Advocate. Respondent/State by Shri Akhilesh Shukla, Deputy Government Advocate. This petition has been preferred under section 482 Cr.P.C against order dated 15/12/2012 passed by JMFC, Satna in Vrahad Lok Adalat in Criminal Case No.840/2009 proclaiming the petitioner as absconding and issued permanent arrest warrant against him. On account of some tractor accident, petitioner was held liable to pay compensation of Rs.4,50,000/- to legal heirs of deceased, which he failed to pay. Resultantly, a case under section 406 IPC was registered against the petitioner. Though this court has issued protection order dated 29/10/2010 in W.P No.14151/2009 in favour of the petitioner protecting him from coercive methods for part of the recovery. Without entering into merits of the matter, considering the fact that cause of absence of the petitioner was ailment and death of father of the petitioner and it appears to...


Jan 30 2013

Dr. Bhupendra Kumar Singh Vs. Secretary the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jan-30-2013

WP 7467.11 Writ Petition No.7467 of 2011(s) (Dr. Bhupendra Kumar Singh v. The State of M.P.and four otheRs.30-01-2013 Shri Prabhat Shukla, learned counsel for the petitioner. Smt. Sheetal Dubey, learned Govt. Advocate for respondents/State. Heard. Petitioner, an Assistant Professor, Higher Education Department, vide this Writ Petition seeks direction to respondents to release travelling allowance Bill of Rs.6836/- + 590/- = 7426/- which was in lieu of the transfer from Damoh to Govt. Post Graduate College, Shajapur, on 09-09-2005. The same having been rejected being presented after one year. Case of the petitioner is that on being transferred from Damoh to Shajapur on 09-09-2005 he incurred Rs.6836/- to meet out the travelling and transportation expenses and submitted the bill on 09-09-2005, which as per petitioner was in the office of Principal, Govt. Post Graduate College, Shajapur. It is urged that since no action was taken, the petitioner again submitted the bills on 24-08-2009, (i...


Jan 30 2013

i.B. Dwivedi Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jan-30-2013

Writ Petition No.1440/2013 30.01.2013 Mr.Priyank Choubey, learned counsel for the petitioner. Mr.Piyush Dharamadhikari, learned Government Advocate for the respondents. Heard on the question of admission. Learned counsel for the petitioner submits that being aggrieved by the order of dismissal dated 2.1.2013, the petitioner has preferred an appeal before the Appellate Authority on 5.1.2013. However, the same is pending. It is further submitted that the writ petition be disposed of with a direction to the Appellate Authority to decide the appeal expeditiously. On the other hand, learned Government Advocate submitted that the appeal preferred by the petitioner shall be dealt with expeditiously in accordance with law. In view of submission made by learned counsel for the parties and in facts of the case, the writ petition is disposed of with a direction to decide the appeal expeditiously preferably within a period of four months from the date of production of the certified copy of the ord...


Jan 30 2013

Rameshwer Singh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jan-30-2013

Writ Petition No.1438/2013 30.01.2013 Mr.Dharmendra Soni, learned counsel for the petitioner. Heard on the question of admission as well as interim relief. Learned counsel for the petitioner submits that even though the petitioner was working on the post of Personal Assistant to Vice Chancellor, yet the application has been invited in respect of aforesaid post vide advertisement dated 10.1.2013. In support of his submission, learned counsel for the petitioner has invited attention of this Court to the order dated 7.4.2012 Annexure P/7 and order dated 10.4.2012 Annexure P/9. In view of submission made by learned counsel for the petitioner and in the facts of the case, till the next date of hearing no appointment to the post in question shall be made. Certified copy today. (Alok Aradhe) Judge RC...


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