Madhya Pradesh Court January 2013 Judgments
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Ms. Lata Mishra Vs. District Election Officer
Court: Madhya Pradesh
Decided on: Jan-09-2013
Writ Petition No.159/2013 9.1.2013 Shri J.N.Tripathi and Shri S.P.Mishra, Advocates, for the petitioner. Heard on admission. This petition, under Article 226 of the Constitution, is directed against the order dated 21.11.2012, Annexure P11, passed by the District Judge, Rewa, whereby he has dismissed the petitioners Election Petition No.2/2010 due to non- compliance of section 441(3) of the Madhya Pradesh Municipal Corporation Act, 1956 (in short, the Act.).The petitioner, after having lost the election of the office of Councillor, Ward No.44, Municipal Corporation, Rewa, on 15.12.2009 from respondent no.2, filed an election petition under section 441 of the Act before the District Judge, Rewa. The election petition was filed on 12.1.2010 i.e.within the prescribed period of thirty days but the petitioner submitted on 5.2.2010 a Government Treasury Receipt dated 5.2.2010 showing a deposit of Rs.100/- only. During the couRs.of proceedings of election petition, respondent no.2 raised an o...
Deepak Kumar Balmik Vs. Union of India
Court: Madhya Pradesh
Decided on: Jan-09-2013
1 HIGH COURT OF MADHYA PRADESH : JABALPUR WRIT PETITION No.343/2009 Deepak Kumar Balmik Vs. Union of India & others ____________________________________________________________ Present : Hon'ble Shri Justice S.A. Bobde, Chief Justice. Honble Shri Justice K.K. Trivedi ____________________________________________________________ Shri Rakesh Pandey, learned Counsel for the petitioner. Shri S.K. Mishra, learned Counsel for the respondents. ____________________________________________________________ ORDER (09.01.2013) PER : K.K. Trivedi, J.This writ petition under Article 227 of the Constitution of India has been filed seeking to challenge the order dated 25.11.2008 passed in O.A. No.191/2007 by the Central Administrative Tribunal, Bench at Jabalpur. By the aforesaid order, the original application of the petitioner against the order of his removal from services has been dismissed holding that the petitioner was only probationer, who could be terminated by an order of the competent authori...
Ajay Kumar Chaturvedi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-09-2013
Writ Petition No.78/2013 9.1.2013 Shri Shanker Prasad Singh, Advocate, for the petitioner. Shri Prashant Singh, Additional Advocate General, for the State/ respondents. Heard on admission. By this petition, the petitioner has challenged the election process of Prathmik Krishi Saakh Samiti Maryadit, Khitouli, District Katni. The election programme has already been notified and the date of voting is scheduled for 18.1.2013. Section 64 of the Madhya Pradesh Co-operative Societies Act, 1960 (in short the Act.) entitles any party to raise a dispute in connection with the election of any officer of the Society or representative of the Society or of Composite Society. This is also apparent from Clause V of sub-section (2) of section 64 of the Act. The petitioner has challenged the election process on various grounds which he can also raise while referring a dispute under section 64 of the Act. Having regard to the Division Bench decisions of this Court in Rajendra Singh versus State of Madhya...
M/S Indrajeet Bus Service Khandwa Vs. the State Transport Appellate Tr ...
Court: Madhya Pradesh
Decided on: Jan-09-2013
W.P.No.168/2013 09.01.2013 Shri S.D.Mishra, learned counsel for the petitioner. Heard on the question of admission. Issue notice. Shri Sanjay Dwivedi, learned Govt. Advocate waives notice on behalf of respondents. With the consent of learned counsel for the parties, heard finally. The petitioner has approached this Court by challenging the order dated 16.11.2012, passed in Appeal No.299/2007, by the State Transport Appellate Tribunal, (hereinafter referred to as STAT) Moti Mahal, Gwalior, by which his appeal has been dismissed. It is contended that the permit was granted to the petitioner in the year 1995, which was renewed on time to time. Later on, by an order dated 25.5.2007, the renewal application filed by the petitioner was rejected. Against the said order of the transport authority, the appeal was preferred before the STAT Gwalior, under Section 89 of the Motor Vehicles Act, 1988. Since the appeal has been dismissed, the writ petition is required to be filed. It is contended tha...
Shakuntala Vs. Vijay Kewat
Court: Madhya Pradesh
Decided on: Jan-09-2013
Criminal Revision No.2150/2012 09.01.2013 Shri T.K.Modh, Advocate for the applicant. Shri Prakash Gupta, Panel Lawyer for the respondent No.2-State. Heard on admission. The respondent No.1 was convicted for the offence under Section 354 of IPC and sentenced for two yeaRs.RI with fine of Rs.500/- vide judgment dated 5.8.2011 passed by the JMFC Amarpatan (Shri Kishore Kumar Mishra) in Criminal Case No.950/2009. In Criminal Appeal No.285/2011 the learned Second Additional Sessions Judge, Satna vide judgment dated 4.9.2012 accepted the appeal in part by which the conviction of the respondent No.1 is maintained but his sentence is reduced to the period till rising of the Court with fine of Rs.3000/- and default sentence was also directed against the respondent No.1. Against the judgment dated 4.9.2012 the applicant/prosecutrix has filed the present revision. After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, ...
Dinesh Kumar Gupta Vs. Ramchandra Gupta
Court: Madhya Pradesh
Decided on: Jan-09-2013
Dinesh Kumar Gupta & Anr. versus Ramchandra Gupta & Anr. Writ Petition No.21743 9. 1.2013: Shri A.P.Shah, learned counsel for the petitioneRs.Challenging an order dated 26.11.2012 passed by the Ist Civil Judge Class-I Waidhan in Civil Suit No.5-A/12 refusing the stay proceedings in the suit and rejecting an application under Section 10 of the Code of Civil Procedure this writ petition has been filed. Respondent/plaintiff Ramchandra Gupta has filed the suit in question against the petitioners for partition and injunction in respect of the land detailed in para 8 of the plaint. The suit is registered as Civil Suit 5-A/2012 and is pending in the court of Civil Judge Class- I Waidhan. According to the petitioners earlier in point of time petitioners have also filed a civil suit in which respondent No.1 is a party. The said civil suit is registered as civil suit No.42-A/2011 and is pending in the court of Additional District Judge Waidhan and, therefore, seeking stay of the present suit on ...
Extol College Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-09-2013
W.P.No.90/2013 09.01.2013 Shri Manish Tiwari, Advocate for the petitioneRs.Shri Jaideep Singh, Dy. Government Advocate for respondents No.1 and 2. Shri Mahendra Pateriya, Advocate for respondent No.3-University. In W.P.No.49/2013, we have passed an order, which reads thus:- "09.01.2013 Shri Manot Sharma with Shri Dharmendra Soni, Advocates for the petitioner. Shri Jaideep Singh, Dy. Government Advocate for respondent Nos.1 and 2. Shri Mahendra Pateriya, Advocate for respondent No.3-University. A prayer is made on behalf of petitioner-College to permit the students of B.C.A.1st Semester, B.A.1st Semester to appear in the examination scheduled from 10th and 15th of January, 2013. The aforesaid prayer is opposed by Shri Jaideep Singh, learned counsel appearing for respondents No.1 and 2 on the ground that on similar ground another Division Bench in W.P.No.8124/2012 on 31.05.2012 had declined the relief. It is also submitted by Shri Jaideep Singh that College level counselling was not perm...
Amit SaraThe Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-09-2013
Criminal Revision No.1908/2012 09.01.2013 Shri Amit Dubey, Advocate for the applicant. Shri S.K.Kashyap, Public Prosecutor for the Respondent-State. With the consent of the learned counsel for the parties, the matter is finally heard. By this criminal revision the applicant has challenged the order dated 24.7.2012 passed by the learned Sessions Judge, Hoshangabad in ST No.271/2011 whereby the application filed by the Public Prosecutor under Section 311 of Cr.P.C.was accepted and Dr.Pandey was called for examination. The brief facts of the case relating to the present revision are that the applicant kept the prosecutrix in the period from October 2009 to 24.5.2011 and thereafter the prosecutrix has lodged an FIR about the rape committed by the applicant. The medico legal examination was done by Dr. Hemlata Pandey (PW-1) and after due investigation charge sheet was filed. The case was duly committed to the Sessions Court. On 28.6.2012 an application under Section 311 of Cr.P.C.was moved ...
Smt. Anita Singh Vs. Dr. Sanjay Tiwairi
Court: Madhya Pradesh
Decided on: Jan-09-2013
Conc. Case No :29. 2013 Smt. Anita Singh versus Dr. Sanjay Tiwari and another. 09.01.2013. Shri Praveen Chourasia for the applicant. Shri Mahendra Pateriya with Shri S.K.Chaturvedi for the non-applicants. Interalia contending that the directions issued by this Court on 14.9.2012, in W.P.No.16519/2012, has not been complied with within a period of two months as directed, this writ petition is filed. Having heard learned counsel for the applicant and on a perusal of the records it is seen that after orders were passed on 14.9.2012, certified copy of the order was prepared and according to the documents Annexure C/1, counsel for the applicant communicated the order to the Registrar on 28.12.2012. Neither in the body of the contempt petition not in the documents filed, there is any averment or material adduced to show that the order was ever communicated to the non-applicants prior to 28.12.2012. If the order was communicated on 28.12.2012, then the period of two months fixed by this Cour...
Anupam Garhewal (Social Worker) Vs. Smt. Abha Ashthana
Court: Madhya Pradesh
Decided on: Jan-09-2013
1 Conc. No.78/2012 Anupam Garhewal (social Worker) Smt.Abha Ashthana & others 9.1.2013 Shri A.K.Gupta, Counsel for the petitioner. Shri Vivek Agrawal, GA for respondents. Shri Agrawal submitted that the order passed by this Court dated 7.2.2011 in W.P.No.2323/2011 has been complied with. On raising such contention, it was submitted by Shri Gupta that he may be permitted to withdraw this petition with liberty to challenge the decision of the respondents. Prayer is not opposed, hence it is allowed. This contempt petition is dismissed as withdrawn with liberty as prayed, with no order as to costs. (Krishn Kumar Lahoti) (M.A.Siddiqui) Judge Judge C....
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