Madhya Pradesh Court February 2013 Judgments
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Abdul Razzak Khan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-04-2013
1 W.P.No.1046/2013 04.02.2013 Shri M.L.Sharma, learned counsel for the petitioner. Shri S.M.Lal, learned Government Advocate for the respondents on advance notice. Petitioner retired teacher having retired on 28.02.2003, vide this petition seeks direction for Second Krammonati. Initially appointed as Assistant Teacher on 31.8.1961 in grade Rs.45-100, petitioner was granted FiRs.Krammonati w.e.f.1.1.1986, in grade Rs.975-1650 which was revised to Rs.1200-2040 and Rs.1400-2640. Petitioner was thereafter promoted as Teacher in grade Rs.1400-2640 w.e.f.21.11.1992. On promotion petitioner's pay as per his option was fixed at Rs.1790 from 1.1.1993. Thereafter, his pay was revised to Rs.5000-8000 w.e.f.1.1.1996. Petitioner claims that when promoted as Teacher on 21.11.1992 he was already drawing the pay scale of Rs.1400-2640 and therefore, the same cannot be treated as promotion, entitling him of Second Krammonati on completion of 24 yeaRs.Petitioner relies upon Clause 2 (k) of the Scheme dat...
Suman Verma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-04-2013
1 W.P. No.7490/2009 04.02.2013 Shri Prakash Upadhyaya, learned counsel for the petitioner. Heard. Order dated 8.11.2001 is being assailed vide this petition; whereby, Higher Level Committee constituted to determine the social status of the petitioner declined to acknowledge her as 'Keer' a Schedule Tribe. While employed as Assistant Grade III in the office of Chief Engineer, Public Works Department complaint was made against the petitioner that though not a 'Keer' a Schedule Tribe Petitioner declaring herself to be so obtained the Government Service. The complaint led to issuance of show cause notice by the High Level Committee on 28.4.2001 whereby the petitioner was called upon to furnish proof and the evidence of her belonging to 'Keer' community. Simultaneous enquiry was also undertaken by Superintendent of Police, who submitted his report on 27.3.2001, reporting that the petitioner was native of village Harrai District Chhindwara and as per her father's statement they are Raikwar (...
Anita Bai Vs. Santosh Singh
Court: Madhya Pradesh
Decided on: Feb-04-2013
MA No.1024/2008 04/02/2013 Appellants by Mr. Prabhat Shukla, Advocate. Respondent No.3 by Mr. Harpreet Ruprah, Advocate With the consent of the parties matter heard finally. ORDER This is an appeal filed by the claimants under Section 173 of the Motor Vehicles Act against an award dated 21.8.2007 passed by 2nd Additional MACT, Khandwa in claim case No.31/2007. By the impugned award, the Claims Tribunal has dismissed the claim petition for compensation on account of death of Ashok Sen in a motor vehicle accident which took place on 3.7.2005.2. Learned counsel for the appellants submits that after passing of the award dated 21.8.2007 respondent No.1 was convicted for the offence punishable under Section 304-A IPC vide judgment dated 28.9.2007 and sentenced for a period of six months in Criminal Case No.354/2005. It is submitted that in the facts and circumstances the learned Tribunal was not justified in dismissing the claim petition. It is submitted that appeal be allowed and adequate c...
Shri Chandrakumar Chakrawarti Vs. Municipal Corporation Jabalpur
Court: Madhya Pradesh
Decided on: Feb-04-2013
Writ Petition No :258. / 2013 Shri Chandrakumar Chakrawarti versus Municipal Corporation and Anr 04.02.2013. Shri Wajid Hyder for the petitioner. Shri Anshuman Singh for respondent No.1, on advance notice. Considering the fact that claim of the petitioner with regard to illegal occupation/encroachment by respondent No.2 is pending before the Municipal Corporation, the Municipal Corporation is directed to look into the matter and in case if it is found that respondent No.2 has illegally encroached or taken steps for interfering with the peaceful possession of the petitioner or is creating nuisance in a public place, action in accordance with law be taken against respondent No.2 for removing him from the public premises. With the aforesaid, the petition stands disposed of. Certified copy as per rules. (RAJENDRA MENON) JUDGE Aks/-...
Om Prakash Kori Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-04-2013
M.Cr.C.No.2118/2012 4.2.2013 Shri B.J.Chourasiya, counsel for the petitioner. Smt. Pratibha Mishra, PL for the State. Since the case diary is available, the matter is heard finally. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing the complaint registered as Crime No.4/2007 at police Station City Kotwali, District Chhatarpur (MP) against him. The police has seized three idols from the possession of the petitioner and registered a case for the offence punishable under Section 41(1-4) of Cr.P.C.and Section 379 of IPC on 20.8.2007. The Challan has been filed against the petitioner even giving information after seizure of idols to different police stations. No report regarding theft of these idols have been received for about more than 5 yeaRs.Petitioner is appearing before the trial Court. It is not necessary that every person always keep the receipt of property like idols with him and the sellers has no duty bound to give the receipt...
Mahila Bahu Uddeshiya Sahkari Samiti Mydt. Semrakachi Distt. Sagar Vs. ...
Court: Madhya Pradesh
Decided on: Feb-04-2013
Writ Petition No :1800. / 2013 Mahila Bahu Uddeshiya Sahkari S.M.versus State of MP and others 04.02.2013. Shri Anil Lala for the petitioner. Shri S.S.Bisen, Government Advocate, for the respondents, on advance notice. Having heard learned counsel for the parties, it is seen that exercising the statutory powers available, the competent authority namely the Sub Divisional Officer, Khurai, District Sagar on 20.4.2012, suspended the fair price license of the petitioners shop. Challenging the suspension, petitioner preferred an appeal and by the impugned order-dated 9.1.2013, the appellate authority has infact cancelled the license of the petitioner itself even though no such action was taken by the SDO the competent authority. When the challenge before the appellate authority was only with regard to suspension of the license and when no final order with regard to cancellation of license was passed by the SDO, it was not proper for the appellate authority to recommend and consequently can...
Shri Jitendra JaIn Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-04-2013
Shri Jitendra Sen & Others versus State of M.P.& ORS.Writ Petition No.9498 4. 2.2013: Shri R.P.Agrawal, learned Senior Advocate with Shri Amit Agrawal, counsel for the petitioneRs.Shri Samdarshi Tiwari, learned Government Advocate for respondent No.1, on advance notice. Petitioners are owners of various land situated in and around KhaSr.No.1228 at Jhirki Bagiya Road Damrau Tikamgarh. It is stated that the aforesaid land is shown as Government land in the revenue record and certain steps are being taken by the Municipal Council to convert the aforesaid area into a funeral ground. On objections being raised by various respondents, like the petitioner, the matter was referred to the Tahsildar, who inquired into the matter and recommended for not construction of funeral ground. It is stated that the Sub Divisional Officer concurred with the recommendations of the Tahsildar and also submitted his report objecting to the construction of funeral ground, but as a final decision is not taken by...
Ravendra Kumar Tiwari Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-04-2013
W.P.No.11871/12 4.2.13 Shri B.Tiwari, Counsel for the petitioner. Shri Rahul Jain, Dy.A.G.for the State. Petitioner has sought following reliefs:- (i) That this Hon'ble court may kindly be pleased to hold that, the exemption of tuition fee granted as per circular dated 28.10.2005 (Annexure P/1) is applicable in the case of the petitioner. (ii) That, this Hon'ble Court may kindly be pleased to direct the respondent No.3 to refund the tuition fee to the petitioner, as has been accepted by the respondents. (iii) Any other relief/reliefs order/ordeRs.direction/directions which this Hon'ble Court may deem fit and proper may kindly be granted to the petitioner including the cost of petition. It is submitted by the petitioner that respondents may be directed to decide the representation (Annexure P-6) which is pending since 28.6.2008 for consideration. It is submitted that the petitioner herein is entitled for refund of tuition fees as mother of the petitioner is a Green Card holder. Reliance...
Santosh Tiwari Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-04-2013
1 Writ Petition No.1003/2013 04.02.2013 Shri Surendra Verma, Advocate for the petitioner. Heard on the question of admission. Issue notice to the respondents by registered post with A/d, on payment of process fee within a week. Notices be made returnable within two weeks. Shri Kumaresh Pathak, Additional Advocate General waives notice on behalf of respondent no.1/State. Heard the parties on the question of ad interim relief. It is accordingly directed that result of elections to the post of Chairman and Vice Chairman of the Prathmik Krishi Sakh Samiti Maryadit, village Pagra, District Panna, if not declared, shall be subject to the final decision of this writ petition. Let the matter be listed after two weeks. Certified copy as per rules. (S.A.Bobde) (Ajit Singh) Chief Justice Judge HS...
Sheikh Nazir Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-04-2013
Writ Petition No :4335. / 2011 Sheikh Nazir versus State of MP and others 04.02.2013. None for the petitioner. Shri Sachin Yadav for respondent No.5. Petitioner had filed this writ petition seeking a direction to initiate action against respondent No.5, for the irregularities and illegalities committed by him. From the return filed by the respondents, it is seen that the matter has been investigated and disciplinary action has been initiated against respondent No.5, as is evident from the documents filed by respondents 1 to 4, alongwith the return. In view of the above, as action is already initiated against respondent No.5, this petition is dismissed as having been rendered infructuous. (RAJENDRA MENON) JUDGE Aks/-...
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