Madhya Pradesh Court February 2013 Judgments
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Abdul Naeem Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-04-2013
Abdul Naeem versus State of M.P.& Another Writ Petition No.1024 4. 2.2013: Shri H.C.Kohli, learned counsel for the petitioner. Shri S.S.Bisen, learned Government Advocate for the respondents, on advance notice. Challenging order dated 22.12.2012 passed by the Secretary, Regional Transport Authority Bhopal, rejecting an application filed by petitioner for running a particular bus with seating capacity of 50+2, this writ petition has been filed. Petitioner holds a permit of stage carriage from route Bhopal to Jabalpur and is using a vehicle bearing registration not MP04H-9023 Model 2001 with seating capacity 50+2. According to petitioner with a view to provide better facility and comfort to the travelling public, petitioner filed an application under Section 83 of the Motor Vehicle Act, 1988 seeking replacement of existing vehicle by a latest model of 2009 Delux Bus with seating capacity 41+1. Holding that the said vehicle reduces the seating capacity, the permit for change of vehicle ca...
Ram Sevak Mehra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-04-2013
W.P. No. 1751 Of 2013 4.2.2013 Shri Rajneesh Pandey, learned counsel for the petitioneRs.Shri S.M. Lal, learned Government Advocate for respondent State on advance notice. Heard. Relying on decision in Brijesh Kumar Tiwari v. C.E.O., Zila Panchayat, Shivpuri and others [2008 (3) MPLJ 218]., petitioners, Guruji, in Kushwaha Tola Anhai Sankul Kendra Govt. High School Malhanwada, Tahsil Bankhedi, District Hoshangabad and Jamuniya Randhir Sankul, Govt. High School Malhanwada, Tahsil Bankhedi, District Hoshangabad respectively seek direction to the State to consider their claims for grant of honorarium at the increased rate as has been extended to the petitioner Brijesh Kumar Tiwari and other similarly situated Gurujis. Having considered the submissions putforth by learned counsel for the petitioner, the petition is disposed of with a direction to respondents to consider th...
Ashok Agrawal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-04-2013
Cr.R.No.1290 o04. 02.13 None for the applicant even on calling the case in the second round. Shri Puneet Shroti, PL for the respondent No.1/State. Learned Panel Lawyer submits that he is under receipt of the case diary. On behalf of the applicant, this revision is preferred being aggrieved by the order dated 22.2.12 whereby the charges of section 420 and 461 of the IPC have been framed against the applicant by the Ist ASJ.Chhatarpur in S.T.No.125/12. Having heard the State counsel, after perusing the case diary as well as the impugned order along with the charges framed by the trial court against the applicant, I have found that same have been framed in consonance of the papers of the charge sheet. The ingredients of practising the fraud and fabrication of false documents by the applicant has been prima facie established on evaluation of charge sheet for framing the alleged such charges. It is settle proposition of the law that at the stage of framing the charge court has not to decide...
Shatrughhan Sharan Vs. Narayan
Court: Madhya Pradesh
Decided on: Feb-04-2013
CIVIL REVISION No.24/20104. 02.2013 Shri Anoop Saxena, learned Counsel for the applicant. It is pointed out by learned Counsel for the applicant that in the original execution case after the death of Smt. Pyari, original judgment debtor, substitution of her legal representative has already been done and that is how the cause title of the revision petition is made. This fact has been specifically mentioned by learned Counsel in the cause title of the revision. This being so, the office objection is overruled. Heard on the question of admission and interim relief. Issue notices of this civil revision and I.A.No.647/2012 to the respondents on payment of process fee within seven days by registered A.D.Notices be made returnable in six weeks. Till the next consideration of aforesaid I.A., no payment be made to the respondents from the amount deposited in the C.C.D.towards the sale proceed. List immediately after six weeks. Certified copy as per rules. (K.K.Trivedi) Judge Skc...
Jehrul Hasan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-03-2013
Cr.R.No.2274/2012 04.2.2013 Shri Tribhuwan Mishra, learned counsel for the applicant. Shri Punit Shroti, learned PL for respondent-State. Heard on IA No.2476/13 and IA No.2884/13, applicant's application for taking the annexed documents on record. The same appears to be relevant in the matter, hence by allowing the IA, the same are taken on record. In compliance of the order dated 30.1.2013, the applicant has surrendered before the trial court for facing the awarded impugned jail sentence and in that respect a copy of the order dated 30.1.2013 drawn up by the Court of Judicial Magistrate, Ist Class, Jabalpur in connection of Criminal Case No.16331/2009 is also placed on record today. As the applicant has surrendered before the trial court for facing the awarded jail sentence, hence IA No.24539/12, an application for condoning the delay in filing this revision is taken up for consideration. Having heard, for the reasons stated in it, I am satisfied that sufficient cause is made out for ...
Smt. Kashish Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-03-2013
Cr.R.No.2255/2012 04.2.2013 Shri Paritosh Trivedi, learned counsel for the applicant. Shri Punit Shroti, learned PL for respondent no.1. Shri Pranay Gupta, learned counsel for respondent no.2. I am apprised by the counsel for respondent No.2 that in compliance of some earlier order the earlier deposition of the complainant has been placed by the applicant's counsel on record but its photocopies have not been supplied to him. Applicant's counsel is directed to supply a copy of the same to him during the couRs.of the day. Learned PL is directed to call for the case diary with three weeks for admission as well as for final disposal of this revision. The case be listed on 26.2.2013. Till then interim order passed earlier, vide dated 16.1.2013 is hereby continued. C c as per rules. (U.C.Maheshwari) Judge bks...
Jagmohan Das Khandelwal Vs. Vimal Kumar Surana
Court: Madhya Pradesh
Decided on: Feb-02-2013
C.R. 673/2004 1 IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR CIVIL REVISION No.673 of 2004 SINGLE BENCH: JUSTICE A.K. SHRIVASTAVA Applicant : Jagmohan Das Khandelwal S/o Shri P.D. Khandelwal, Occupation Advocate, R/o Civil Lines, Betul, Tahsil & District Betul (M.P.) Versus Respondent : Vimal Kumar Surana, S/o Shri Sohan Lal. R/o Durga Ward, Betul, Tahsil & District Betul (M.P.) --------------------------------------------------------------------------------------- Applicant by - Shri D.K. Dixit, Advocate Respondent by- Shri T.K. Modh, Advocate. --------------------------------------------------------------------------------------- ORDER (02/01/2013) This revision application under Section 115 of the Code of Civil Procedure has been filed at the instance of applicant- defendant dismissing the application under Order 7 Rule 11 (d) CPC.2. Needless to say, a suit for realization of ` 58, 855/- has been filed by the plaintiff-respondent in the Trial Court which is pending...
Ashok Sharma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-01-2013
M.Cr.C.No.2350/2013 1.4.2013 Shri Arvind Sharma , counsel for applicants. Shri R.K.Kesharwani, PL , for the State. Heard. This is the fiRs.bail application filed under Section 438 of the Cr.P.C.for grant of anticipatory bail to applicants. The applicants apprehend their arrest in connection with Crime No.233/2012 registered at Police Station Nohta District Damoh for the offence punishable under Section 363, 366(ka)/34 of IPC. Learned counsel for the applicants submits that applicants have been falsely implicated in the case. They have no criminal past. They are ready to co-operate during investigation. The applicants are father and mother of the co-accused Sanjay, who got marriage with the prosecutrix Guddi. Since the father of the prosecutrix was not agree with the aforesaid marriage, he falsely implicated these applicants. Prosecutrix is more than 16 years of age. In support of the contention, he filed a certificate from the Government School, Hatri District Damoh. Nothing is require...
Deepak Mishra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-01-2013
Criminal Revision No.1158 o01. 02.2013 Shri Deepak Okhade, learned counsel for the applicant. Shri Punit Shroti, learned PL for respondent-State. Heard on the question of admission. The applicant accused has filed this revision under Section 397/401 of Cr.P.C being aggrieved by the order dated 2.5.2012, passed by the Sessions Judge in S.T.No.342/2011, whereby the charge of Section 304, in alternate Section 304-A of IPC has been framed against the applicant. Initially the case was argued at length for admission and allowing this revision but in response of query of the court, based on the available papers of the charge sheet on record from the applicant's counsel that without holding the trial or recording the deposition of the Investigating Officer and other witnesses by ignoring the interrogatory statements of the witnesses how the applicant could be discharged from the alleged offence, on which instead to argue further, he seeks permission to withdraw this revision with liberty to r...
Abhinesh Kumar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-01-2013
1 W.P.No.1057/2013 01.02.2013 Shri M.P.Rajak, learned counsel for the petitioner. Smt. Sheetal Dubey, learned Govt. Advocate for the respondent State. It is submitted by learned counsel for the petitioner that, the issue raised vide this petition is squarely covered by decision rendered in Usha Ranawat v. State of M.P.and otheRs.W.A.No.346/2008. It is accordingly urged that, the petition may be disposed of with a direction to the respondents to consider the claim of the petitioner for grant of regular pay scale from the initial date of appointment. Learned Govt. Advocate appearing for the State has no objection if the petition is disposed of with a direction to the respondents to examine the claim of the petitioner in light of the case of Smt.Usha Ranawat (Supra).In view whereof and without adverting into the merits of the matter, the petition is disposed of with a direction to the respondents to consider the claim of petitioner for grant of increment from initial date of appointment a...
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