Madhya Pradesh Court January 2013 Judgments
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Devanti Bai Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-02-2013
W.A.No.1099/2012 02.01.2013 Shri O.P.Kewat, learned counsel for the appellant. Shri Kumaresh Pathak, learned Dy. Advocate General for the respondents. Heard on the question of admission. This writ appeal under Section 2(1) of the M.P.Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, has been filed challenging the order dated 18.6.2012 passed in Writ Petition No.8409/2012, by the learned Single Judge, whereby the writ petition filed by the appellant/petitioner has been dismissed. It is contended that the legal grounds raised by the appellant were not considered by the learned Single Judge while dismissing the writ petition of the appellant at initial stage. On perusal of the order passed by the learned Single Judge impugned in this writ appeal, it is clear that the grounds which were raised by the appellant/petitioner were considered. However, it was found that as far as the eligibility conditions and the dispute with respect to residence of the respondent No.5 in the local...
Smt. Shyampyari Rohidas Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-02-2013
Writ Petition No. 21428 Of 2012 2.1.2013 Shri Naveen Kumar Agrawal, learned counsel for the petitioner. Heard. Petitioner by way of present petition seeks direction to the respondents to disburse the salary of the period of medical leave w.e.f 5.7.2000 to 9.4.2001; 7.7.2005 to 30.9.2005; and 12.7.2007 to 12.10.2007. The relief has been sought on the anvil that though applied for the medical leave of the said period; however, the period has not been decided, as such the petitioner has been left without the salary for the said period. It is urged that the petitioner has been repeatedly representing for the aforesaid claim; however, no decision has been taken by the competent authority. The petitioner placed reliance on the representation dated 15.6.2011 (Annexure P6).Since no decision has yet been taken by the competent authority in respect of the claim putforth by the petitioner; in...
Ashok Mishra Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jan-02-2013
(1) Cr.A.Nos. 1047 & 1063/1996 AFR HIGH COURT OF MADHYA PRADESH AT JABALPUR SINGLE BENCH:HON'BLE SHRI JUSTICE RAKESH SAKSENA CRIMINAL APPEAL No.1047/1996 APPELLANT: Ashok Mishra S/o Ramesh Chandra Mishra, aged about 30 years, R/o Deevan Bada, Manegaon. Versus RESPONDENT: State of Madhya Pradesh CRIMINAL APPEAL No.1063/1996 APPELLANTS:1. Mohan @ Tarun S/o Kamal Kumar Guha, aged about 30 years 2. Ramesh S/o Kunjilal Kalar aged about 45 years Both residents of Deevan Bada, Manegaon P.S. Ranjhi Jabalpur. Versus RESPONDENT: State of Madhya Pradesh --------------------------------------------------------------------------------------------------- For the Appellants : Shri Siddharth Datt, Advocate. For the Respondent/State : Shri Amit Pandey, Panel Lawyer. Date of hearing :02. 01/2013 Date of judgment:02. 01/2013 (JUDGMENT ) Since the aforesaid appeals arise out of the common impugned judgment of conviction, this judgment shall govern the disposal of both the (2) Cr.A.Nos. 1047 & 1063/1996 ap...
Kalpana Mahila Swa Sahayata Samuh Th:smt.Saltara Gupta Vs. the State o ...
Court: Madhya Pradesh
Decided on: Jan-02-2013
Writ Petition No.20685/2012 2.1.2013 Shri Brahmendra Pathak, Advocate, for the petitioner. Shri S.M.Lal, Government Advocate, for the State. Heard on admission. By this petition, the petitioner has prayed for quashing of interim stay order dated 16.11.2012, Annexure P5, passed by respondent no.2 Additional Commissioner, Division Rewa. As the name suggests, the petitioner is a self-help group of women and distributes mid-day meal to different Government schools in district Sidhi. Respondent no.7 is also a self-help group of women and it too distributes mid-day meal to such schools. Respondent no.7 had been allotted the work of supplying mid-day meal to three schools i.e.Primary School, Surwar, Middle School, Surwar and Aanganwadi II, Baghauri School, Surwar, all in District Sidhi. On some complaint that no self-help group is entitled for the allotment of work of supplying mid-day meal to three schools, respondent no.5 Chief Executive Officer, Janpad Panchayat, Sihawal, District Sidhi, v...
Smt. Kushum Rawat Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-02-2013
1 W.P.No.21999/2012 W.P.No.21999/2012 02.1.2013 Shri R.S.Khare, learned counsel for the petitioner. Shri S.S.Bisen, learned Govt. Advocate for respondents. Heard. Petitioner by way of present petition seeks direction to the respondents to grant benefit of second kramonnati w.e.f 1999 as has been held in case of Smt Prerna Korane w/o Shri Pramod Koranne v. State of M.P.and otheRs.in W.P.No.6773/06, decided on 26.4.07. In view of nature of relief as has been sought for by the petitioner, the petition is disposed of with a direction to the respondents to decide the claim of the petitioner for benefit of second kramonnati in furtherance to order passed in Smt. Prerna (supra) and settle the claim within a period of three months from the date of communication of this order. In case the petitioner is not found eligible, respondents are directed to pass a speaking order and communicate it to the petitioner. The petition is disposed of finally in above terms . No costs. Certified copy as per ru...
Ramsajeevan and ors. Vs. Ramdayal Patel
Court: Madhya Pradesh
Decided on: Jan-02-2013
Second Appeal No.1004 / 1998 (Ram Sajeevan & others ..Vs.Ram Dayal Patel) 02-01-2013 Shri S.K.Dwivedi, learned counsel for the appellants. Shri K.K.Gautam, learned counsel for the respondent. This appeal has been filed by the appellants being aggrieved by the judgment and decree dated 30-9-1998 passed by the 3rd Additional District Judge, Satna in C.A.No.03(A)/98, by which the judgment and decree dated 21-9-1996, passed by the Civil Judge Class I, Nagaud, District Satna, in C.S.No.55(A)/94, has been affirmed and the appeal filed by the appellants has been dismissed on the ground that it is barred by limitation by nine days. The learned counsel appearing for the appellants submits that following substantial questions of law arise for adjudication in the appeal :- (i) Whether on the ground of illness of the defendant duly supported by the medical certificate of the doctor and affidavit of the defendant the FiRs.Appellate Court erred in law in not holding it to be a sufficient cause for d...
Sterlite Technologies Ltd. Vs. the Micro Small Enterprisesfacilitation ...
Court: Madhya Pradesh
Decided on: Jan-02-2013
W.P.No.21923/2012 Sterlite Technologies Ltd The Micro Small Enterprises Facilitation Council & others 2.1.2013 Shri Brian De' Silva, learned Senior Advocate with Shri Sajid Akhtar, counsel for petitioner. The petitioner has sought following reliefs in this petition :- (i) To issue writ/writs, order/ordeRs.direction/ directions of appropriate directing the respondent no.1 to consider and decide the application for recall of order dated 31.07.2010 on an early date. (ii) To issue writ/writs, order/ordeRs.direction/ directions of appropriate nature holding that the order dated 31.07.2010 passed by the respondent no.1 in favour of the respondent no.2 is not est in eyes of law for the facts and reasons mentioned in the body of the petition. (iii) To issue any other writ, order or direction as this Hon'ble Court deem just and proper in the facts and circumstances of the case. (iv) Costs be awarded to the petitioner. The facts of the case are that an order Annexure P-4 dated 31.7.2010 was pass...
Laxmi Narayan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-02-2013
Writ Petition No.15436/2012 2.1.2013 Shri G.S.Ahluwalia, Advocate, for the petitioner. Smt. Nirmala Nayak, Government Advocate, for the State. Heard on admission. By this petition, filed under Article 226 of the Constitution, the petitioner has prayed for quashing of orders dated 18.4.2011, Annexure P6, and 7.8.2012, Annexure P11, passed by respondent no.7 Collector, Mandla, and respondent no.6 Commissioner, Jabalpur Division, respectively. The petitioner after being elected as member of Janpad Panchayat in the year 2005 was holding the office of Vice President, Janpad Panchayat, Ghugri, District Mandla, till 2010. In that year, fresh elections were held and he was again elected as Vice President of Janpad Panchayat, Ghugri. After the second time election of petitioner, some persons made a complaint on 29.9.2010 to respondent no.6 that he, by misusing his position as Vice President, obtained unlawful pecuniary benefits for himself and his father and, therefore, he be removed from the o...
Shailendra Bundela Vs. Smt. Vandana Bundela (Rajak)
Court: Madhya Pradesh
Decided on: Jan-02-2013
Criminal Revision No.1721/2012 02.01.2013 Shri T.C.Lakhera, Advocate for the applicant. None for the respondents. Heard on admission. This Criminal Revision under Section 397/401 of Cr.P.C.has been filed by the applicant being aggrieved by the order dated 8.8.2012 passed in Case No.95/12 by the Principal Judge, Family Court, Jabalpur by which the respondents No.2 and 3 were granted maintenance of Rs.1000/- each from the applicant. After considering the submissions made by the learned counsel for the applicants, it is apparent that any agreement done between the applicant and the respondent No.1 is not binding to the minot children. They are entitled to get the maintenance from their father. Under such circumstances, there is no illegality visible in the impugned order passed by the trial Court. Consequently, the present revision is not at all acceptable. Therefore, the same is hereby dismissed at motion stage. A copy of this order be sent to the trial Court for information. (N.K.Gupta)...
Ashish Kumar Patel Vs. Secretary Board of Secondary Education Madya Pr ...
Court: Madhya Pradesh
Decided on: Jan-02-2013
Writ Petition No.9122/2010 2.1.2013 Shri M.Shafiqullah, learned counsel for the petitioner. Shri Ashok K.Gupta, learned counsel for the respondent. By this petition, the petitioner has prayed for the following reliefs: 7.1. May kindly be pleased to direct the respondents to revaluate the Answer Book of Chemistry subject of the petitioner and declared the result of it fairly. 7.2. Any other relief, which this Hon'ble Court deems fit and proper including the cost of the petition, looking to the facts and circumstances of the case may be granted in the interest of justice. Admittedly, the respondent after revaluation of the answer book in Chemistry subject has declared the petitioner Pass.. The respondent has also communicated the corrected result to the petitioner along with the marksheet. Since the relief sought by the petitioner has already been redressed, no further order is needed in the present...
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