Madhya Pradesh Court February 2013 Judgments
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Smt.Neelam Devi Vs. Anant Pal Singh and ors
Court: Madhya Pradesh
Decided on: Feb-27-2013
Second Appeal No.283/1999 (Smt. Neelam Devi versus Anant Pal Singh and another) 27.02.2013 Heard Shri Vivek Rusia, learned counsel for the appellant on the question of admission. The appellant has filed this appeal being aggrieved by the judgment and decree dated 28.11.1998 passed by the 1st Additional District Judge, Tikamgarh in Civil Appeal No.8-A/95 arising out of an exparte judgment and decree dated 17.11.1994 passed by the Civil Judge, Class-2, Niwari District Tikamgarh in Civil Suit No.42-A/94. It is stated by the learned counsel for the appellant that the respondent No.1 through his grand-father respondent No.2, had filed a suit for declaring him to be an heir of the deceased Mahendra Verma and for further declaration that he was entitled to all service arrears on account of his death. The suit was opposed by the appellant by filing a written statement by stating that she was the second wife of the deceased Mahendra Verma and therefore, she was also entitled to share in his ret...
Ashok Vihar Nagar Nigam Colony Rehvasi Kalyan Samiti Vs. the State of ...
Court: Madhya Pradesh
Decided on: Feb-27-2013
1 W.P.No.2743/13 27.02.2013. Shri Saleem Rehman, learned counsel for petitioner. Heard on the question of admission. Issue notice to respondents to show cause against admission. Shri S.M.Lal, learned Govt. Advocate accepts notice for respondent no.1. Issue notice to respondent no.2 to 4 only. PF be paid within three working days by RAD. Notice is made returnable within three weeks. Ad-interim writ It is directed that till next date of hearing respondent no.2,3 and 4 shall not take any coercive action against the petitioner for realizing the lease rent vide Order (Annexure P/3) dated 4.10.12 passed in Case No.16/12. List the petition in 1st week of April,2013. C.c.as per rules. ( M.A.Siddiqui) Judge jk....
Ramswaroop Sahu Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-27-2013
Ramswaroop Sahu versus State of M.P.& Others Writ Petition No.2902 13. 2.2013: Shri Atul Chaudhari, learned counsel for the petitioner. Shri Samdarshi Tiwari, learned Government Advocate for the State. Against the impugned order passed by Tehsildar rejecting preliminary objection of petitioner in the proceedings being held for mutation, petitioner has remedy to file FiRs.Appeal, Second Appeal under Section 44 and Revision under Section 50 of the M.P.Land Revenue Act, therefore, a petition directly before this Court, by-passing the three tier statutory remedy available, is not permissible. Accordingly, granting liberty to the petitioner to take recouRs.of statutory remedy available, this petition is disposed of. (Rajendra Menon) Judge ss/-...
Hargovind Kaurav Vs. Central Bank of India
Court: Madhya Pradesh
Decided on: Feb-27-2013
WA 1076.12 Writ Appeal No.1076 of 2012 (Hargovind Kaurav versus Central Bank of India, Sagar) 27/02/2013 Shri Ravindra Gupta, learned counsel for the appellant. Shri H.C.Kohli, learned counsel for the respondent. I.A.No.12264/2012 an application for condonation of delay of 202 days in filing the appeal, being not opposed is allowed. Delay condoned. Respondent since have entered appearance, with the consent of learned counsel for the parties matter heard finally. This Intra-Court-Appeal under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Peeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 03-01-2012 passed by learned Single Judge in Writ Petition No.5527/2006; whereby, writ petition filed by the petitioner/appellant seeking quashment of order dated 21-01-2006 rejecting application submitted by the petitioner for appointment on compassionate basis, and for direction to respondents to appoint him as Clerk on compassionate ground, was dismissed. Relevant fact...
Ram Charan Shukla Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-27-2013
WRIT PETITION No.2910/20127. 02.2013 Shri Dileep Pandey, learned Counsel for the petitioneRs.Shri S.S.Bisen, 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 mentione...
Rajkishore Vs. Prahlad
Court: Madhya Pradesh
Decided on: Feb-27-2013
Cr.R.No.1912/2012 27.2.2013 Shri Y.M.Tiwari counsel for the applicant. None for the respondent. Heard on admission. The applicant has challenged the order dated 3.9.2012 passed by the learned Additional Sessions Judge, Burhanpur in Criminal Revision No.61/2012 whereby the order passed by JMFC, Burhanpur in Complaint Case No.1716/2006 was set aside and application under Section 91 of the Cr.P.C filed by the respondent was accepted. For the present revision the facts of the case in short are that, the respondent has moved a complaint against the applicant under Section 138 of the Negotiable Instruments Act. Case was at the stage of final argument. The respondent has moved an application under Section 91 of the Cr.P.C that a second notice was given to the applicant on his address of Village Basali and the U.P.C certificate of that notice could not be filed because it was not available with the respondent and therefore, by the application under Section 19 of Cr.P.C he wanted to file that d...
Smt. Kashish Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-27-2013
Criminal Revision No.2255/2012 27.02.2013 Shri Paritosh Trivedi, counsel for the applicant. Shri Vinot Fauzdar, Panel Lawyer for the respondent No.1/State. Shri Vijay Nayak, counsel for the respondent No.2. Heard the learned counsel for the parties finally. The applicant has challenged the order dated 17.11.2012 passed by the learned 8th Additional Sessions Judge, Bhopal in S.T.No.513/12, whereby the application under Section 311 of Cr.P.C.filed by the applicant was dismissed. Facts of the case, in short are that, one trial was going on against the respondent No.2 for the offences punishable under Sections 302 and 364 of IPC. The applicant was examined on 15.9.2012 and she did not support the prosecution's case. The contradiction and omission were recorded with her case diary statements Ex.P/6. On the contrary, her husband Satish Kumar was examined on the same day and he supported the prosecution's case. The applicant has submitted an application under Section 311 of Cr.P.C.with the gr...
N.L. Verma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-27-2013
W.P.No.1410/2013 27.02.2013 Mr.D.K.Tripathi, learned counsel for the petitioner. Mr.Swapnil Ganguly, learned Panel Lawyer for the respondents. Heard on I.A.No.2382/2013. Learned counsel for the petitioner submits that on account of typing mistake in the order dated 30.01.2013, it is directed that the petitioner shall be allowed to continue at Forest Range [P]., Narsinghpur Forest Division (T).Narsinghpur, till next date of hearing. It is further submitted that instead of Forest Range [P]., the words Forest Range [T].ought to have been typed. In view of aforesaid statement, it is directed that the words Forest Range [P]., wherever it occurs in the order dated 30.1.2013 shall be read as Forest Range [T].Accordingly, I.A.No.2382/2013 is disposed of. Certified copy as per rules. (Alok Aradhe) Judge RC...
Mathura Prasad Patel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-27-2013
-1- Writ Appeal No.1392/2012 27/2/2013 Shri A.Singh, learned counsel for the Appellant. Shri Vijay Pandey, learned Deputy Advocatre General for the respondents. Admit. The matter is taken up for hearing by consent of the parties. Learned Deputy Advocate General states that the appellant's appeal will be decided in accordance with law and that steps would be taken in that regard. Accepting the statement made by learned Deputy Advocate General, the writ Appeal is disposed of. The appellant shall produce the copy of the order before the Second Appellate Authority. The writ appeal is disposed of. Cc as per rules. (S.A.BOBDE) (SANJAY YADAV) CHIEF JUSTICE JUDGE das...
Ram Nath Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-27-2013
1 W.P.NO.10057/2011 27.02.2013 Shri Sharad Dwivedi, learned counsel for the petitioner. Shri Yogesh Dhande, learned Dy. Govt. Advocate for respondents. It is stated by learned counsel for the petitioner that the affidavit filed in compliance of the order dated 31.8.2012 needs to be controverted by the petitioner as still the correct information is not given by the respondents. However, such a prayer is opposed by learned Dy. Govt. Advocate on the ground that the information is sought by this Court has been given in rightful manner supported with the documentary evidence. Looking to the controveRs.involved, one opportunity is granted to the petitioner to file additional submissions in response to the additional return filed by the respondents. List in the week commencing 18.3.2013. It is made clear that in case no additional submission is filed, the petition would be heard without the additional submission of the petitioner. (K.K.Trivedi) Judge. 2 W.P.NO.10057/2011 A.Praj....
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