Madhya Pradesh Court October 2013 Judgments
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Sheru @ Mahendra Verma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-08-2013
1 Cr.R. No.1794/2013 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR SINGLE BENCH: HONBLE SHRI JUSTICE A.K.SHRIVASTAVA CRIMINAL REVISION NO.1794 / 2013 APPLICANTS :1. Sheru alias Mahendra Verma, S/o.Jiyalal Verma, 2. Sandeep Verma, S/o. Jiyalal Verma, Both R/o. Shivaji Nagar, Rasuliya, Hoshangabad, District Hoshangabad (M.P.) Versus RESPONDENT: State of Madhya Pradesh --------------------------------------------------------------------------------------- Applicants by Shri Sachin Soni, Advocate. Respondent/State by Shri R.S. Shukla, Public Prosecutor. --------------------------------------------------------------------------------------- ORDER (08.10.2013) This revision application under Section 397/401 of CrPC has been filed by the applicants against the order dated 03.05.2013 passed by learned First Additional Sessions Judge Hoshangabad passed in Criminal Appeal No.13/2013 affirming the judgment of conviction and order of sentence dated 17.12.2012 passed by learned Judicial M...
Narendra Pratap Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-08-2013
HIGH COURT OF MADHYA PRADESH : JABALPUR. Writ Petition No.9936/2009 Narendra Pratap Singh Vs. State of M.P. and others PRESENT : Honble Shri Justice K.K. Trivedi. J.Ms. Malti Dadariya, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Government Advocate for respondents. ORDER (08.10.2013) The grievance of the petitioner in this petition is that he has completed 33 years of qualifying service, but the same is not being counted for the purposes of grant of pensionary benefits to the petitioner nor revision of pay of the petitioner has been done in appropriate manner, therefore, he is required to approach this Court by way of filing the present petition. It is contended that initially the petitioner was selected for his appointment as a Deputy Teacher and an order of appointment was issued on 9.11.1973. Pursuant to the said order, the petitioner gave his joining, which was accepted. The petitioner discharged his duties continuously, but was paid a fixed salary of Rs.100/- p...
Rakesh Shrivastava Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Oct-08-2013
1 HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No.2418/1998 Rakesh Kumar Vs. State of M.P. As Per : G.S.Solanki, J.Shri S.C. Datt, Senior Counsel with Shri Siddharth Datt, Advocate for the appellant. Shri Ashutosh Tiwari, PL for the respondent/State. JUDGMENT (8/10/2013) 1. This appeal has been preferred by the appellant u/s 374 (2) of Cr.P.C being aggrieved by the judgment dated 12/10/98 passed by Special Judge, Seoni in special case No.21/96 whereby being convicted u/s 3 (2-h) (1) read with section 7 (1-a) (1) of Essential Commodities Act, he has been sentenced to undergo RI for 3 months and fine of Rs. 1000/- in default to suffer further S.I for 2 months.2. The facts giving rise to this appeal, in short, are that on 21/01/96 R.K. Sharma (PW-6) SHO, police station Seoni has inspected the vehicle of appellant Rakesh Kumar and found that he was involved in transporting the gas cylinders from Seoni Gas Agency to Lakhnadon. At the time of inspection he found 36 filled gas cyli...
Kapil Thakur Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-08-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Appeal No.158/2010 Appellant: Kapil Thakur S/o Hukum Singh Vs. Respondents:1. State of M.P. Through Police Station Mandideep District Raisen 2. K.K.Sharma S/o Prem Narayan Present: Hon. Shri B.D.Rathi ------------------------------------------------------------------------------------------- For appellant : Shri Rajnish Choubey, Advocate For the respondent no.1 : Shri Yogesh Dhande, Government Advocate For respondent no.2 : None ------------------------------------------------------------------------------------------- ORDER (08/10/2013) This appeal has been preferred under Section 454 of the Code of Criminal Procedure (for short the Code.), being aggrieved with the order dated 27.10.2009 passed by the I Additional Sessions Judge, Raisen, in S.T. No.142/2007, whereby an amount of Rs.1,000,00/- (Rupees One Lac) seized from the appellant has been refunded to respondent no.2 (complainant) though, by the same judgment, the appellant has bee...
Pradeep Singhi Vs. Champa Bai
Court: Madhya Pradesh
Decided on: Oct-08-2013
1 W.P. No.17150 of 2013 8.10.2013 Shri N.K.Jain, counsel for the petitioners. He is heard on the question of admission. Petitioners/ applicants have filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 16.8.13 passed by the District Judge, Balaghat in Mcc No.15/13 whereby their application filed under section 24 of the CPC to transfer the COS No.4-A/13 from the court of Civil Judge Class-I Waraseoni to some competent court of Balaghat, has been dismissed.2. In the course of the arguments on asking the petitioners counsel that while passing the impugned order, the District Court has finally disposed of the MCC and, in such premises, such order is revisable under section 115 of the C PC then how this petition under Article 227 of the Constitution of India could be entertained. It was also asked that in view of section 24 of the CPC the petitioners have a remedy to file the application again under section 24 of the CPC before this court and...
Smt. C.K.Masih Vs. Secretary the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-08-2013
WRIT PETITION No.16469/2010 08/10/2013 Shri Vivek Shukla, learned counsel for the petitioner. Shri Santosh Yadav, learned Panel Lawyer for the respondents/State. By filing I.A.No.11639/2013, an application for final disposal at motion stage, it is contended by the petitioner that the similar issue has been decided by this Court in W.P.No.3355/2012 (s) by the Gwalior Bench in case of Smt. Radha Soni versus State of M.P.and another, vide order dated 11.10.2012. Relying on the said decision the Gwalior Bench of this Court has disposed of Writ Petition No.2724/2010 on 15.07.2013. It is contended that the claim of the petitioner is identical and in terms of the specific amendment made in the Act, the age of superannuation of persons like petitioner would be 65 yeaRs.It is contended by respondents in their return that the age of superannuation of nursing employees is extended from 60 to 65 years after making Cabinet decision vide order dated 31.10.2009, and since the petitioner was already e...
Vishnukant Shukla Vs. Prabha Mishra
Court: Madhya Pradesh
Decided on: Oct-08-2013
1 W.P.No.16027 of 2013 8.10.2013 Shri A.D.Mishra, counsel for the petitioneRs.In the couRs.of the arguments on admission, in response of some query of the court asking that with respect of the impugned Indutalabrukka any averment is made in the pleadings of the plaint, on which, petitioners counsel said that no such averment is stated in the plaint. In such circumstances, again on asking that in the lack of the pleadings how the annexed documents filed along with the impugned application could have been taken on record by the trial court under Order 7 rule 14(3) of the CPC, on which, instead to argue further he seeks permission to withdraw this petition as not pressed with liberty to file the appropriate application before the trial court for amendment of the plaint with respect of the aforesaid document and subject to outcome of such application to file the fresh application under Order 7 rule 14 of the CPC for taking the impugned document on record if the same is not taken on record ...
Mohanchand Vs. Mitthulal
Court: Madhya Pradesh
Decided on: Oct-08-2013
1 W.P.No.15325/13. 8.10.2013. Shri Pushpendra Yadav, learned counsel for the petitioner. Heard on the question of admission. The petitioner/ has filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 6.9.2012 (Ann. P.4).passed by Civil Judge Class-II, Goharganj, District Raisen in Co.No.102-A/2011, whereby his application filed under Section 151 of CPC for grant of stay against further trial of such suit till pendency of W.P.No.4793/12, in which the same question is involved, has been dismissed. It is apparent that the writ petition was filed earlier to the suit by one Hari Ram, who is not a party in the Civil Suit and as per submission of the counsel the property and nature of dispute till some extent are same but the petitioner of such writ petition has not been impleaded as party in the suit. In the couRs.of argument in response of some query of the Court the petitioner's counsel at this stage seeks permission to withdraw this petition ...
Devraj Sharma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-08-2013
WRIT PETITION No.19961/2012 1 08.10.2013 Shri M.K.Sulakhe, learned Counsel for the petitioneRs.Shri Rahul Jain, learned Govt. Advocate, for the respondents-State on advance copy. With the consent of learned counsel for parties heard finally. Stating that the petitioners are also similarly placed persons that of Dharam Pal Chaurasiya and otheRs.who have approached this Court by filing Writ Petition No.2858/2005 (S).which was disposed of finally vide order dated 23.11.2007 the petitioners are also entitled to be given the benefit of order passed by coordinate bench of this Court at Indore in W.P.No.6773/2006 (S) (Smt. Prerna W/o Shri Promod Koranne versus State of M.P.& otheRs.decided on 26.1.2007, the petitioners have prayed for similar directions. It is seen that the aforesaid writ petition was decided in the following manner: 17. Consequently these petitions are allowed. The petitioners are entitled to derive the benefit of second Kramonnati according to the terms and conditions menti...
Ramkrishan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Oct-08-2013
CRR No.1702/2013 -1- HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava CRIMINAL REVISION No.1702/2013 Applicant: Ramkrishan s/o Premnarayan Cast-Ahir R/o village Kasrawad, Police Station New Harsud, District Khandwa (M.P.) Versus Respondent : State of Madhya Pradesh through Police Station Harsud, District Khandwa. -------------------------------------------- Shri Shashank Upadhyay, Advocate for the applicant. Shri R.S. Shukla, Public Prosecutor for the respondent-State. -------------------------------------------- ORDER (Passed on this 8th October, 2013) Feeling aggrieved by the judgment dated 24.8.2013 passed by learned Sessions Judge, Khandwa (M.P.) in Criminal Appeal No.138/2013 thereby affirming the judgment of conviction and order of sentence dated 30.4.2013 passed by learned Judicial Magistrate, First Class, Harsud, District Khandwa in Criminal Case No.360/2007 convicting the applicant under Section 324 IPC and sentencing him to suffer R.I...
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