Madhya Pradesh Court January 2013 Judgments
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Smt.N.Lakshmi Rao Vs. Smt.Urmila Devi
Court: Madhya Pradesh
Decided on: Jan-04-2013
C.R. 234/2007 1 IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR CIVIL REVISION No.234 of 2007 SINGLE BENCH: JUSTICE A.K. SHRIVASTAVA Applicant : Smt. N. Lakshmi Rao, W/o late Shri Gopal Rao, Guru Nanak Ward, Katni, M.P. (Defendant no.1) Versus Respondents :1. Smt. Urmila Devi, W/o Late Shri Amar Chand Sharma (Plaintiff no.1) 2. Chandra Shekhar Sharma, S/o Late Shri Amar Chand Sharma, (Plaintiff No.2) Both Village- Mehngawan, Post Nigahara, Tahsil Badwara, District Katni, (M.P.) 3. A. Jagdish Rao, S/o Late Shri Madhusudan Rao, Plot No.101, M.T. V. Tower, Balaiya Shashtri, Vishakhapatna, (A.P.) (Defendant No.2) --------------------------------------------------------------------------------------- Applicant by - Shri S. Rao, Advocate Respondents 1 and 2/Plaintiffs by- Shri Sharad Gupta, Advocate. Respondent no.3/defendant no.2 -None --------------------------------------------------------------------------------------- ORDER (04/01/2013) This revision application under Sec...
Om Prakash and anr Vs. Ashok Kumar and anr
Court: Madhya Pradesh
Decided on: Jan-04-2013
M.A. 1061/2003 1 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: HON'BLE SHRI JUSTICE A.K. SHRIVASTAVA M.A. No.1061/2003 .........Appellants:1. Om Prakash S/o Shri Sitaram Jadiya 2. Ramesh Kumar, S/o Shri Gouri Shankar Jadiya Both residents of Khiriya Ward, Beena, District Sagar. Versus .......Respondents:1. Ashok Kumar, S/o Shri Aasan Das, R/o Shiv Ward, Beena, District Sagar.2. State of Madhya Pradesh, Through The Collector, District Sagar (M.P.) --------------------------------------------------------------------------------------- Appellants by - Shri Mohd. Ali and Shri Vijay Shukla, Advocate Respondent No.1 by - Shri Ishtiaq Hussain, Advocate. Respondent No.2 by - Shri Rahul Jain, Govt. Advocate --------------------------------------------------------------------------------------- Date of hearing:12. 12/2012 Date of Judgment: /01/2013 ORDER ( /01/2013) This Misc. Appeal has been filed under Order 43 Rule 1 of the Code of Civil Procedure, 1908 against the judgment dated 12.03....
S.R. Sharma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-04-2013
M.C.C.No.1459/20104. 01.2013 Shri Paritosh Gupta, learned Counsel for the applicants. Shri Swapnil Ganguly, learned Panel Lawyer, for the respondents-State on advance copy. The Registry has raised an objection that no correction in the cause title of disposed of writ petition is permissible and in fact if any error was there in the order, review petition should have been filed. It is contended that since the order dated 23.11.2012 passed in W.P.No.7248/2012 is not sought to be reviewed on the ground that no error is committed in passing the order, the review petition would not be maintainable. In view of the aforesaid, the objection raised by the Registry is overruled. It is contended that by inadvertent mistake, the right age and the place of posting of the applicants/ petitioners have not been mentioned properly in the cause title of the writ petition and, therefore, the order passed by this Court in the writ petition is not complied with by the respondents. This Court has simply dis...
Ashok Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jan-04-2013
Cr.A.No.381 o04. 01.2013 None for the appellant. Shri Punit Shroti, learned PL for the respondent-State. In the absence of appellant's counsel and his counsel the adjudication of this appeal on merits is not possible, hence the case is adjourned with a direction to list the same by fixing a date in the month of March 2013. The presence of the appellant before this court for such date be secured by issuing a bailable warrant of Rs.5,000/- (Rs.Five thousand).Such warrant be issued positively within five days from today and the same be sent through Superintendent of Police, East Niwar, Khandwa with a direction to execute the same under his guidance and supervision, so that the same be not returned back unserved. The case be listed accordingly. (U.C.Maheshwari) Judge bks...
Smt.Phoolmati Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-04-2013
Writ Petition No.7034/2008 4.1.2013 Shri Ajay Pal Singh, Advocate, for the petitioneRs.Shri S.M.Lal, Government Advocate, for the State. Petitioner no.1 is Sarpanch and petitioner no.2 is Secretary of Gram Panchayat Bakho, Zila Panchayat Budhar, District Shahdol. A joint enquiry was conducted by a committee comprising of officers regarding payment of the amount made by the petitioners during the year 2006-07 under National Rural Employment Guarantee Scheme (NREGS).The enquiry report reveals that they committed serious financial irregularities by making excess payment of Rs.11.92 lac. Respondent no.3 Chief Executive Officer and Additional District Programme Coordinator NREGS, therefore, by the impugned communication dated 29.5.2008, Annexure P1, directed respondent no.4 Chief Executive Officer, Janpad Panchayat, Budhar, to lodge a fiRs.information report against the petitioners at Police Station Budhar. Alongwith the communication, respondent no.2 also annexed the enquiry report. Respon...
Sabai @ Samailal Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jan-04-2013
Cr.A.No.70 o04. 01.2013 None for the appellant. Shri Punit Shroti, learned PL for the respondent-State. In the absence of appellant's counsel and his counsel the adjudication of this appeal on merits is not possible, hence the case is adjourned with a direction to list the same by fixing a date in the month of March 2013. The presence of the appellant before this court for such date be secured by issuing a bailable warrant of Rs.5,000/- (Rs.Five thousand).Such warrant be issued positively within five days from today and the same be sent through Superintendent of Police, Mandla with a direction to execute the same under his guidance and supervision, so that the same be not returned back unserved. The case be listed accordingly. (U.C.Maheshwari) Judge bks...
Harnarayan Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jan-04-2013
Cr.A.No.1728 o04. 01.2013 None for the appellant. Shri Amit Kumar Sharma, learned PL for the respondent- State. In the absence of appellant's counsel and his counsel the adjudication of this appeal on merits is not possible, hence the case is adjourned with a direction to list the same by fixing a date in the month of March 2013. The presence of the appellant before this court for such date be secured by issuing a bailable warrant of Rs.5,000/- (Rs.Five thousand).Such warrant be issued positively within five days from today and the same be sent through Superintendent of Police, Sagar with a direction to execute the same under his guidance and supervision, so that the same be not returned back unserved. The case be listed accordingly. (U.C.Maheshwari) Judge bks...
M/S Jatashankar Construction Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-04-2013
W.P.No.19690/2012 04.01.2013 Shri Rohit Sohgaura, learned counsel for the petitioner. Shri Prashant Singh, learned Additional Advocate General for the respondents/State. Heard on the question of admission. With consent of the learned counsel for the parties, the writ petition is finally disposed of. The petitioner-firm has challenged suspension of its registration by the Chief Engineer, Public Works Department, Sagar Division, Sagar. We find that the impugned order of suspension is based on material and it appears to have been passed after due notice to the petitioner. Having regard to the facts and circumstances of the case, we consider it appropriate to direct that a final decision regarding registration of the petitioner be taken by the respondents within a period of eight weeks from today, if advised, by a reasoned order. The writ petition is accordingly disposed of. (S.A.Bobde) (K.K.Trivedi) Chief Justice Judge ac....
Mukesh Choudhary Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-04-2013
1 Cr.A.NO.2597/2011. 4.1.2013. Shri P.K.Mishra, learned counsel for the appellant. Shri Amit Kumar Sharma, learned PL for the respondents. At the request of the appellant's counsel he is heard on IA No.25001/12, an application for some modification/ correction in the IA No.15736/12, a repeat application for suspension of remaining jail sentence and grant of bail to the appellant. For the reasons stated in it the same is allowed and counsel is directed to carry out the necessary correction in the aforesaid IA within three days. On asking the appellant's counsel whether he wants adjournment to argue the case on the aforesaid IA No.15736/12, a repeat application for suspension of jail sentence on which he fairly submits that he is not seeking any adjournment. In view of such submission of the counsel subject to incorporation of aforesaid amendment in the IA No.15736/12 within a period stated above, the same is taken up for consideration on merits. It is noted that earlier application of t...
Dr.Om Prakash Shrivastava Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-04-2013
1 W.P.No.11855/2008(S) 04.1.2013 Shri C.A.Thomas, learned counsel for the petitioner. Shri Kumaresh Pathak, learned Dy. Advocate General for respondents. For the nature of order passed herein only relevant facts are taken into consideration. Petitioner while undergoing a criminal prosecution for an offence under Section 7, 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter to be referred to as Act of 1988) was allowed to retire under Rule 42 of the M.P.Civil Services (Pension)Rules, 1976 by orders dated 25.6.2002/12.7.2002 with a condition that during pendency of a criminal case he shall be only entitled for provisional pension and that settlement of dues would be subject to final out come of the criminal case. That by order dated 21.3.2005 passed by Special Judge of the Prevention of Corruption Act 1988, in Special Case No.13/2002 , the petitioner was acquitted of the charges under Sections 7, 13 (1) (d) read with 13 (2) of the Act of 1988. Havi...
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