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Madhya Pradesh Court January 2013 Judgments

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Jan 03 2013

Dinesh Reja Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jan-03-2013

Criminal Appeal No.2660/2012 3.1.2013 Shri Manish Reja, Advocate, for the appellant. Shri Abhishek Gulatee, Government Advocate, for the State/ Special Police Establishment, Lokayukt. Heard on admission. Admit. Record of the trial court be called for. The appeal be not listed for final hearing. Also heard on I.A.No.25976/2012, which is an application for suspension of sentence and grant of bail on behalf of appellant Dinesh Reja. The appellant was on bail during trial and has been released on bail after conviction. He has also deposited the fine amount. Having regard to the facts and circumstances of the case, it is directed that if appellant Dinesh Reja furnishes a solvent surety in the sum of Rs.30,000/- and executes a personal bond in the like amount to the satisfaction of the Chief Judicial Magistrate, Chhindwara, the execution of sentence of imprisonment passed against him shall remain suspended and he shall be released on bail. The appellant shall not appear before the Registry o...


Jan 03 2013

Smt.Pushspa Dwivedi Vs. Prashant Sharma

Court: Madhya Pradesh

Decided on: Jan-03-2013

Miscellaneous Civil Case No.1114/2012 2.1.2013 Shri Ajay Gupta, Advocate, for the applicant. This is an application for restoration of Writ Petition No.14371/2009 which was dismissed due to non-compliance of peremptory order dated 30.3.2011. The record indicates that vide order dated 30.3.2011 the petitioner was permitted to remove certain defaults pointed out by the Registry within two weeks failing which the petition shall stand dismissed without further reference to the court. It is stated in the application that out of four defaults, three were removed but the default regarding failure to file certified copy of the impugned order with court fees was not removed due to bonafide mistake as a result of which Writ Petition No.14371/2009 has been dismissed. It is also stated in the application that for the mistake on the part of counsel, parties should not be made to suffer. The petitioner undertakes to remove the left default within ten days on Writ Petition No.14371/2009 being restore...


Jan 03 2013

Pushpraj Singh @ Jhallu Singh Patel Vs. Sardarilal

Court: Madhya Pradesh

Decided on: Jan-03-2013

1 HIGH COURT OF JUDICATURE MADHYA PRADESH, JABALPUR SB: HON. SHRI N.K.GUPTA,J.CRIMINAL REVISION NO.694/2011 Pushpraj Singh @ Jhallu Singh Patel. Vs. Sardarilal & others. -------------------------------------------------------------------------------------- Shri Sanjeev Kumar Singh, Advocate for the applicant. Shri Prakash Gupta, Advocate for the respondents No.1 to 3. Shri G.S.Thakur, Panel Lawyer for the respondent No.4- State. -------------------------------------------------------------------------------------- ORDER (Passed on the 3rd day of January, 2013) The applicant has filed this revision against the judgment dated 5.2.2011 passed by the 6th Additional Sessions Judge, Rewa in Criminal Appeal No.374/2010 whereby the sentence directed by the JMFC Theonthar in Criminal Case No.1033/2009 vide judgment dated 3.11.2010 was reduced and the respondents No.1 to 3 were sentenced for the offence under Section 325/34 of IPC with imprisonment of till rising of the Court with fine of Rs.200...


Jan 03 2013

Manoj Kumar Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Jan-03-2013

HIGH COURT OF MADHYA PRADESH JABALPUR Criminal Appeal No.12/1997 Manot Kumar Vs. State of Madhya Pradesh Criminal Appeal No.2338/1996 Nandu @ Nand Kumar Vs. State of Madhya Pradesh ---------------------------------------------------------------------------------- Present : Hon'ble Shri Justice N.K. Gupta. ---------------------------------------------------------------------------------- Name of counsel for the parties: Shri A. Usmani, counsel for the appellants. Shri R.P. Tiwari, Public Prosecutor for the respondent/State. ----------------------------------------------------------------------------------------------------- JUDGMENT (Delivered on 3rd day of January, 2013) Both the appeals are related with the common judgment dated 19.12.1996 passed by the 2nd Additional Sessions Judge, Jabalpur in S.T. No.642/93, therefore, decided by a common judgment.2. The appellants Nandu @ Nand Kumar and Manot have preferred these appeals against the aforesaid judgment, whereby the appellant Nandu ...


Jan 03 2013

Gopichand Agrawal Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jan-03-2013

1 W.P.No.4268/2010 W.P.No.4268/2010 03.1.2013 Shri R.K.Verma, learned counsel for the petitioner. Shri R.S.Tiwari, learned Govt. Advocate for respondents. Petitioner by way of present petition seeks following relief: (i) A writ in the appropriate nature may kindly be issued directing the respondents to make payment of pay scale of Rs.3000-4500 w.e.f 1.1.1986 and the difference of pay be granted to the petitioner since then as per the standing orders of the State Government and his pension accordingly may also be revised after giving proper pay scale; (ii) that if the said pay-scale is granted then as a necessary corollary the entire pension and the gratuity and other benefits would also be revised therefore, the same be directed to be done and after revision proper fixation of pay, pension and difference of the same amount including gratuity etc., may also be revised and be paid to the petitioner. (iii) Any other relief flowing from the facts and circumstances of the case may please be...


Jan 03 2013

Pushpendra Tiwari Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jan-03-2013

HIGH COURT OF MADHYA PRADESH JABALPUR Criminal Appeal No.805/2011 Pushpendra Tiwari Vs. State of Madhya Pradesh Criminal Appeal No.987/2011 Rajendra @ Ramjanam Patel Vs. State of Madhya Pradesh Criminal Appeal No.1065/2011 Nagendra Singh Vs. State of Madhya Pradesh ---------------------------------------------------------------------------------- Present : Hon'ble Shri Justice N.K. Gupta. ---------------------------------------------------------------------------------- Name of counsel for the parties: Shri Anil Khare, senior counsel with Shri J.S. Hora, counsel for the appellant in Cr.A. No.805/2011. Shri D.K. Sharma, counsel for the appellant in Cr.A. No.987/2011. Shri Kuldeep Singh, counsel for the appellant in Cr.A. No.1065/2011. Shri S.K. Kashyap, Public Prosecutor for the respondent/State. ----------------------------------------------------------------------------------------------------- 2 Cr. A. Nos.85/11, 987/11 & 1065/11 JUDGMENT (Delivered on 3rd day of January, 2013) All t...


Jan 03 2013

S.Hardeep Singh Vs. the State of M.P. and ors.

Court: Madhya Pradesh

Decided on: Jan-03-2013

F.A. 132/1996 1 IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR FIRST APPEAL No.132 of 1996 SINGLE BENCH: JUSTICE A.K. SHRIVASTAVA Appellant : Hardeep Singh, Plaintiff S/o Shri Gulab Singh, Occupation Business, C/o Rang Mahal Talkies, T.T. Nagar, Bhopal Versus Respondents :1. The State of Madhya Pradesh, through the Secretary to Government of Madhya Pradesh, Irrigation Department, Vallabh Bhawan, Bhopal 2. The Land Acquisition Officer and Deputy Collector, Old Secretariat, Bhopal, 3. The Collector, Bhopal District, Near Old Secretariat, Bhopal. --------------------------------------------------------------------------------------- Appellant by - Shri Umesh Shrivastava, Advocate Respondents by - Shri Rahul Jain, Government Advocate. --------------------------------------------------------------------------------------- JUDGMENT (03/01/2013) The plaintiff has preferred this appeal against the impugned judgment and decree dated 17.08.1995 passed by learned First Additional ...


Jan 03 2013

Awadhesh Singh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jan-03-2013

W.P.No.21530/2012 3.1.2013: Shri A.L.Gupta, learned counsel for the petitioner. Smt. Sheetal Dubey, learned Panel Lawyer for the State on advance notice. Petitioner is working as Chief Executive Officer, Janpad Panchayat, Sounsar, District Chhindwara. Grievance of the petitioner is that a direction has been issued for lodging an FIR against the petitioner and challenging the impugned action as contained in Annexure P/1 dated 12.10.2012, this writ petition is filed. For the same Gram Panchayat when similar direction was issued for lodging FIR against the Ex-Sarpanch and Gram Secretary, both these persons approached this Court by filing W.P.No.1775/2012 and vide Annexure P/5 dated 6.2.2012 the said writ petition was disposed of. It was pointed out to this Court that in the matter of misuse of fund in connection with the Mahtma Gandhi National Rural Employment Guarantee Scheme certain enquiry was conducted and in the enquiry report submitted there was nothing against the persons concerned...


Jan 03 2013

Suresh Kumar Chourasia Vs. State Bank of India

Court: Madhya Pradesh

Decided on: Jan-03-2013

W.P.NO.22162/12 03-01-2013 Shri Rajesh Patel, learned counsel for the petitioner. On 14-12-2012 in W.P.No.11026/12, this court granted certain interim relief to the petitioner and the petitioner was granted 10 days time from 14-12-2012 to seek interim order from the Debt Recovery Tribunal and till then it was ordered that no coercive steps be initiated. not it is pointed out in this writ petition that period of 10 days will be over today but as the Presiding Officer of the Debt Recovery Tribunal is on leave upto 11-01-2013, hearing on the interim application is not possible and it is also indicted that the application is not fixed for orders before the Tribunal on 18-01-2013. Accordingly, the prayer made in the application is that the interim protection granted to the petitioner on 14-12-2012 in W.P.No.11026/12 be extended upto the next date of hearing of the matter before the Debt Recovery Tribunal. Finding the prayer made by the petitioner to be reasonable and taking note of the prot...


Jan 03 2013

Mukesh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jan-03-2013

Criminal Appeal No.2717/2012 3.1.2013 Shri Hemendra Singh Thakur, Advocate, for the appellants. Shri Abhishek Gulatee, Government Advocate, for the State/ Special Police Establishment, Lokayukt. Heard on admission. Admit. Record of the trial court be called for. The appeal be not listed for final hearing. Also heard on I.A.No.26508/2012, which is an application for suspension of sentence and grant of bail on behalf of appellant no.1 Mukesh and appellant no.2 M.M.Beg. The appellants were on bail during trial and have been released on bail after conviction. They have also deposited the fine amount. Having regard to the facts and circumstances of the case, it is directed that if appellants Mukesh and M.M.Beg furnish a solvent surety in the sum of Rs.30,000/- each and execute a personal bond in the like amount to the satisfaction of the Chief Judicial Magistrate, Chhindwara, the execution of sentence of imprisonment passed against them shall remain suspended and they shall be released on b...


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