Madhya Pradesh Court January 2013 Judgments
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Basant K.Bhargava and ors. Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jan-03-2013
HIGH COURT OF JUDICATURE MADHYA PRADESH, JABAPLUR Single Bench: Hon'ble Shri Justice N.K.Gupta,J CRIMINAL APPEAL No.1418 OF 199.Basant Kumar Bhargava & another. Vs. State of Madhya Pradesh. CRIMINAL APPEAL No.1594 OF 199.Haleem Bakhs. Vs. State of Madhya Pradesh. ------------------------------------------------------------------------------------------- Shri Surendra Singh, Sr. Advocate with Shri Shivam Singh for the appellants in Cr.A. No.1418/1996 and Shri A.K.Jain, Advocate for the appellant in Cr.A.No.1594/1996. Shri Ajay Tamrakar, Panel Lawyer for the respondent/State. ------------------------------------------------------------------------------------------- JUDGMENT (Delivered on the 3rd day of January, 2013) This judgment passed by this Court shall govern the disposal of above mentioned Criminal Appeals, since both the appeals arise out of common impugned judgment.2. These criminal appeals are preferred by the appellants being aggrieved by the judgment and order of sentence dat...
S.L.Dongre Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-03-2013
1 W.P.No.5575/2010 W.P.No.5575/2010 03.1.2013 Shri H.Singh, learned counsel for the petitioner. Shri R.S.Tiwari, learned Govt. Advocate for respondents. Being aggrieved of non-settlement of retrial dues, petitioner, a retired Chief Municipal Officer, Nagar Palika, Sarani has filed this petition seeking direction to the respondents to settle his claim at the earliest. As apparent from the pleadings on record petitioner retired from service on attaining the age of superannuation on 30.6.2007. Respondent no.2 on being noticed does not dispute the entitlement of petitioner for retrial dues. It is however, submitted that because there was some delay in settlement of dues the petitioner has been sanctioned provisional pension and 90% of the pension and Gratuity. It is further contended that final settlement of retrial dues would take some more time. Since there is no allegation in respect of pendency of an departmental enquiry or any legal hindrance for settlement of dues in favour of the pe...
Management of South Eastern Colaf.Ltd. Vs. Rashtriya Koyla Khadan Mazd ...
Court: Madhya Pradesh
Decided on: Jan-03-2013
W.A.No.349/2006 3.1.2013 Smt. Indra Nair, learned Senior Advocate with Shri Rajesh Pohankar, learned counsel for the appellants. Shri K.C.Ghildiyal, learned counsel for the respondents. Heard both sides. This intra Court appeal has been filed by the appellants being aggrieved by the order passed by learned Single Judge of this Court dated 24.1.2005 in W.P.No.2361/1992. We see no reason to interfere with the judgment in appeal. Since it is not disputed that it is based on the CGIT award dated 1.2.1990 under Section 33-C; which award has become final. It is also not disputed that the appellant did not challenge the award after it was upheld by this Court. By the judgment in appeal the learned Single Judge merely extended some benefits to other employees who was similarly situated. There is no merit in this appeal. Accordingly, the same is dismissed. However, time to comply the order is extended by further period of six months from today. (S.A.Bobde) (K.K.Trivedi) Chief Justice Judge AK...
S.K. Upadhyay Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jan-03-2013
WP 15900.03 Writ Petition No.15900 of 2003 (S.K.Upadhyay v State of M.P.and two otheRs.03-01-2013 None for the petitioner. Shri S.S.Bisen, learned Govt. Advocate for the respondents/State. It is pointed out by the learned Govt. Advocate that in pursuance to the order dated 12-01-2012 whereby, the respondents/State was directed to convene a review D.P.C.in respect of claim of petitioner for grant of promotion to the post of Lecturer, the matter was scrutinized at department level whereon it was found that the review D.P.C., as has has been claimed by the petitioner, was already convened on 18-09-2003 on the basis whereof promotion orders were issued in favour of the petitioner on 26-09-2003 whereby, the petitioner was promoted as Lecturer with effect from 13-02-1999. It is further contended that later on the petitioner claimed that as his junior was given the benefit of promotion from 04-09-1998, the petitioner's promotion order were made effective from 04-09-1998 by passing an order on...
The State of Madhya Pradesh Vs. Smt. Vibha Dubey
Court: Madhya Pradesh
Decided on: Jan-03-2013
1 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR. W.A.No.553/2009 The State of M.P.& another. -Versus- Smt. Vibha Dubey & otheRs.PRESENT : Honble Shri S.A.Bobde, Chief Justice. Honble Shri K.K.Trivedi, Judge. Shri Swapnil Ganguly, learned Panel Lawyer for appellants. Shri Udyan Tiwari, learned counsel for the respondent No.1. Per : K.K.Trivedi, J. ORDER (03.01.2013) Calling in question the order of the learned Single Judge dated 6.1.2009, passed in Writ Petition(S) No.2349/2004, this writ appeal under Section 2(1) of the M.P.Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, has been filed. It is contended that findings recorded by the learned Single Judge were not correct in view of the fact that specific provisions made for making recruitment on the post which were sanctioned after establishing a new directorate of Women and Child Development, known as the M.P.Civil Services (General Conditions of Service) Rules, 1961 (hereinafter referred to as Rules for brevity...
Late Shri Sheshmani Sharma Shiksha Samiti Hardi Khurd Vs. the State of ...
Court: Madhya Pradesh
Decided on: Jan-02-2013
Writ Petition No.21829/2012 2.1.2013 Shri Prabhat Shukla, Advocate, for the petitioneRs.Shri S.M.Lal, Government Advocate, for the State/ respondent no.1. Petitioner no.1 Sheshmani Sharma Shiksha Samiti, Hardi Khurd, Tahsil Mauganj, District Rewa, is an educational society registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973. Petitioner no.2 is the Principal of Dr. Pannalal Smriti AdaRs.High School, Hardi Khurd, Tahsil Naigarhi, District Rewa, being run by petitioner no.1. According to the petitioneRs.they had applied for recognition of school for XIth Class in the beginning of 2011 in a prescribed form and despite removal of all deficiencies pointed out by the Inspection Committee of respondent no.2, no final decision has been taken on their application. The petitioners have, therefore, prayed that the respondents be directed to decide their application for recognition of school for XIth Class. The petitioners also submit that the students were admitted by them in...
Fr. Anand Muttungal Vs. the Archdiocese of Bhopal
Court: Madhya Pradesh
Decided on: Jan-02-2013
Writ Petition No.21354/2012 2.1.2013 Shri Terence Burrows, Advocate, for the petitioner. Heard on admission. The petitioner claims himself to be a Catholic (Christian) Priest. He was appointed as a Public Relation Officer for respondent no.1 which is a private society registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973. The grievance of petitioner is that since he has come to knot about the serious financial irregularities being committed in the society and also sexual exploitation of a tribal woman by respondent no.3, respondent no.2 vide order dated 31.10.2012 has not only removed him from the post of Public Relation Officer but has also directed him to go to St. Johns Medical Hospital in Bangalore for full medical check-up on the pretext that he is sick and needs medical attention. The petitioner further submits that the order dated 31.10.2012 has been passed mainly with an object to prevent him from making a complaint against the society and also to suppress t...
Vinod Walmik Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-02-2013
1 W.P.No.21501/2012 W.P.No.21501/2012 02.1.2013 Shri A.K.Singh, learned counsel for the petitioner. Shri S.S.Bisen, learned Govt. Advocate for respondents. Apparent it is from the pleadings on record and documents which have been filed by the petitioners that petitioner no.2 was not entitled for appointment in lieu of death of her mother-in-law, mother of petitioner no.1, therefore her appointment has been cancelled vide order dated 3.12.2012 whereby, liberty is granted to the petitioner no.1 that he may apply for compassionate appointment in lieu of death of his mother Smt. Bhagwati, an employee of Nagar Palika Parishad District, Chattarpur. Since no illegality could be established by learned counsel for the petitioners in respect of withdrawal of cancellation of appointment on compassionate ground of daughter-in-law, no interference is caused. At this stage it is submitted by learned counsel for the petitioners that in response to liberty the petitioner no.1 has preferred an applicat...
Aarti Swa Sahayata Samooh Vs. State Bank of India
Court: Madhya Pradesh
Decided on: Jan-02-2013
Aarti Swa Sahayata Samooh & Anr. versus State Bank of India & ORS.Writ Petition No.21290 2. 1.2013: Shri V.C.Rai, learned counsel for the petitioneRs.Petitioner is defendant and is facing a suit filed by respondent State Bank of India. In the suit in question petitioner moved an application for getting certain doucments and hand writing examined by a hand writing expert. The petitioner wanted the signature and other doucments in the loan application and agreement to be examined by a hand writing expert. The said prayer of petitioner is rejected by the court below and it has been held by the court that signatures and documents are verified by the Sarpanch and other officers and proved by evidence adduced and, therefore, referring the matter to a hand-writing expert is not necessary. Discretion exercised by court for reasons indicated hereinabove are not so grave or erroneous for which interlocutory order challenged in this writ petition under article 227 of the Constitution is called fo...
Sukhdev and ors Vs. the State of M.P. and ors
Court: Madhya Pradesh
Decided on: Jan-02-2013
(1) Civil Revision No.1502/2002 HIGH COURT OF M. P. JUDICATURE AT JABALPUR Single Bench : Hon'ble Shri Justice A.K. Shrivastava Civil Revision No.1502 / 2002 Applicants :1. Sukhdev S/o. Parasram Gond, Khadaan Mazdoor, 2. Bansilal (deleted) 3. Laxmi Prasad, S/o. Damru Kastkar, Both r/o. Village Mayabadi, Tehsil Parasia, District Chhindwara (M.P.) Vs. Respondents :1. State of Madhya Pradesh Through Collector, Chhindwara 2. SDO / Sub Divisional Magistrate, Parasia Tehsil Parasia, District Chhindwara 3. Tehsildar Parasia, District Chhindwara.4. M.P. Wakf Board, through its Chief Executive Officer.5. Kabristan Village Mayabadi, Regd. Wakf, Under Wakf Act, 1954 bearing Regn. No.23 through its Managing Committee, Wakf Vill. Mayabadi Ke Nayab Sadar Sheikh Rajjaque, Mayabadi, Tehsil Parasiya, District Chhindwara _________________________________________________________ Shri Vijay Nayak and Shri Anand Nayak, Advocates for applicants. Shri Rahul Jain, Government Advocate for respondents no.1 to 3...
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