Madhya Pradesh Court February 2013 Judgments
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Anjani Kumar Shrivastava Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-26-2013
M.Cr.C. No.15195/2012 26.2.2013 Shri Shailendra Singh, counsel for the applicant. Shri Akhilendra Kumar Singh, G.A. for the respondent/State. Heard. This is an application under Section 438 of Cr.P.C for grant of anticipatory bail. Applicant apprehends his arrest in connection with Crime No.210/2012 registered at Police Station Jaitahari, District Anuppur for offence punishable under Sections 409, 420s of IPC. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the case. He has no criminal past. It is alleged against the applicant that he accepted some old wheat from the businessman and supplied it to the District Commercial Officer, Shahdol. However, the applicant is No. expected to check the wheat at the time of purchase and he is No. responsible but still he is ready to deposit 50% of th...
Dr. Harbhajan Singh Atwal Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-26-2013
1 W.P.No.2529/2013. 26.02.2013 Shri K.C.Ghildiyal, learned counsel for the petitioner. Shri Vibhudendra Mishra, learned counsel for the respondent No.3, on caveat. It appears that I.A., for amendment was allowed though a different I.A.number was mentioned in the order sheet dated 22.2.2013. Let the amendment be incorporated in the cause title of respondents. Heard on the question of admission. The grievance of the petitioner appears to be that he is sought to retire on attaining the age of 60 years vide order dated 4.1.2013, whereas according to the petitioner he is working on a teaching post and in terms of the recommendations made by the UGC which have been duly accepted by the Central Government, the age of superannuation of a teacher in the University is 62 yeaRs.It is contended that on earlier round of litigation when the recommendations made by the UGC and the resolution of Executive Council of the respondent University with respect to grant the benefit of pay scale to the petiti...
Murari Lal Upadhyay Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-26-2013
Murari Lal Upadhyay versus State of M.P.& Others Conc. No.292 26. 2.2013: Shri Prashant Tiwari, learned counsel for the applicant. Shri A.K.Chourasiya, learned counsel non-applicants. On 28.6.2008, W.P.No.702/2007(s) was disposed of at admission stage without notice to the parties, without examining the matter, on merits, only with a direction to settle the claim within four months. not non-applicants vide order Annexure R-1 have rejected the claim on various grounds contemplated therein. As the non-applicants have rejected the claim and the order passed in the writ petition was to examine the matter and thereafter to make payment and if on examination non-applicants by reason given therein have rejected the claim, the question of rejection cannot be a subject matter of adjudication or deliberation in these contempt proceedings. The applicant is required to challenge the order afresh in accordance to law. Accordingly, finding no case for proceeding with the matter of contempt the petit...
Ku. Neeraja Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-26-2013
Writ Petition No.2843/2012 26.2.2013 Shri D.S.Chouhan, learned counsel for the petitioner. Shri Harpreet Ruprah, learned counsel for respondent no.2. Smt. Divyakeerti Bohre, learned Government Advocate for respondent no.3. In the present petition, the petitioner has prayed that respondent no.2 Secretary, Board of Secondary Education, Bhopal, be directed to change her date of birth from 27.7.1983 to 28.8.1983 in the mark sheet of Higher Secondary School Certificate. According to the petitioner she through her father submitted an application, Annexure P9, in this regard but the same has not been decided by a speaking order. The petitioner, therefore, submits that this petition be finally disposed of with a direction to respondent no.2 to decide the application, Annexure P9, by a speaking order. The learned counsel for respondent no.2 has fairly agreed to this prayer of petitioner. In view of the aforesaid and with the consent of learned counsel for petitioner and respondent no.2, this pe...
Ku. Rekha Devi Patel Vs. Indian Nursingh Council
Court: Madhya Pradesh
Decided on: Feb-26-2013
W.P.No.583/2012 26.02.2013 Shri Harshit Patel, Advocate for the petitioner. Shri Santosh Vishwakarma Advocate for respondent No.1. Shri Manas Verma, Advocate for respondent No.2. On 20.02.2013 we passed an order which reads thus:- "Counsel for the petitioner submits that as per para 26 of the Resolution passed by Indian Nursing Council, as finds place along with letter dated 16.2.2012, not the number of attempts for examination has been waived out, with a rider that the students should have cleared all the previous examinations to appear in the final year examination. It is submitted that in view of the changed scenario, the petitioner may be permitted to allow 4th attempt to clear B.Sc. Nursing FiRs.Year. On raising such contention, Shri Verma, Counsel for respondent No.2 submits that he has not received copy of the Resolution and prays that the respondent No.1 may be directed to serve a copy of the return filed by Respondent No.1, so that he may seek instructions from respondent No.2...
Mitthulal Namdeo Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-26-2013
M.Cr.C.No.15451/2012 26.2.2013 Shri Pramod S. Tomar, counsel for the applicant. Shri R.K.Kesharwani, PL for the State. Heard. This is second application under Section 439 of Cr.P.C.FiRs.application was dismissed as withdrawn by this Court vide order dated 19/12/2012 passed in M.Cr.C.No.15113/2012. The applicant is in custody since 5.11.2012 in connection with Crime No.389/2012 registered at Police Station Kotwali District Sagar for offence punishable under Sections 306, 498-A, 34 of IPC and Section 3/4 of Dowry Prohibition Act. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He is a senior citizen of 73 years and if he remained in jail for long time his health condition will be deteriorated. Charge sheet has already been filed and trial would take considerable time for its conclusion, therefore, prays for grant of bail to applicant. Learned counsel for the State opposes the prayer. On due consideration of the contentions raised by ...
Baijnath Sour Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-26-2013
Writ Petition No.2971/2013 26.2.2013 Shri Manot Patel, Advocate, for the petitioneRs.Heard on admission. By this petition, the petitioners have prayed for quashing of order dated 11.2.2013, Annexure P1, passed by the Deputy Registrar, Co-operative Societies, Tikamgarh, whereby he has directed the Returning Officer to go ahead with the process of election. The petition relates to holding of election of Prathmik Krishi Sakh Sahakari Samiti Maryadit, Madore, District Tikamgarh. Earlier, under instructions dated 11.1.2013 of respondent no.2 Commissioner, Co.operative Societies, Bhopal, election of second and third phase of Co.operative societies were stayed. Thereafter, by another memo dated 8.2.2013 direction has been issued to go ahead with the election as per annexed programme. The Deputy Registrar by the impugned order dated 11.2.2013 has merely communicated the directions to proceed with the co-operative elections as per annexed programme. The petitioners have not challenged the memo ...
Khubbi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-26-2013
M.Cr.C.No.2324/2013 26.2.2013 Shri Ramesh Tamrakar, counsel for the applicant. Shri R.K.Kesharwani, PL for the State. Heard. This is an application under Section 439 of Cr.P.C.The applicant is in custody since 3.2.2013 in connection with Crime (POR) No.1512/2007 registered at Police Station Forest Department Narsinghpur, Range Office Dongargaon District Narsinghpur for offence punishable under Sections 51 of Wild Life (Protection) Act, 1972. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The offence is triable by Magistrate. The applicant is in jail and trial would take considerable time for its conclusion, therefore, prays for grant of bail to applicant. Learned counsel for the State opposes the prayer. On due consideration of the contentions raised by the counsel for the parties along with facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the view that it is a fit case for gra...
Smt.Sarwat Jahan Begum Vs. Mohd.Ali Khan and ors.
Court: Madhya Pradesh
Decided on: Feb-26-2013
F.A. 155/1996 1 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: HON'BLE SHRI JUSTICE A.K. SHRIVASTAVA First Appeal No.155 / 1996 APPELLANTS : Smt. Sarwat Jahan Begum (dead) Through LRs 1. Tariq Alam, S/o. Badre Alam, 2. Javed Alam S/o. Tariq Alam, 3. Shah Alam S/o. Tariq Alam. All resident of House No.1, Behind Cambridge School, Idgah Hills, Bhopal.4. Smt. Roohi Nasir Mohammad W/o. Nasir Mohammed, (D/o.Smt. Sarbat Jahan Begum Alam), 5. Smt. Rahina Noor Mohammad (D/ o. Smt. Sarbat Alam), W/o. Noor Mohammad, Both R/o.314, Fletcher Driver, Wheeling IL 6009.U.S.A. Versus RESPONDENTS :1. Mohd. Ali Khan S/o. Shri Mehmood Ali Khan, Advocate, 2. Smt. Ajra Harun W/o. Shri Mohd. Ali Khan, Advocate, Both R/o. Anees Manzil, Noor Mahal Road, Bhopal. 3(A) Abbas Harun S/o. Shri Harun Arab, 3(B) Ilyas Harun S/o. Harun Arab, Both R/o. Near Central Bank, Ibrahimpura, Bhopal (M.P.) --------------------------------------------------------------------------------------- Appellants by - Shri R.D. Hundik...
Rambharosh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-26-2013
26.2.2013 Shri Mukesh Pandey, Advocate for the applicants. Shri Punit Shroti, PL for the State. This is the fiRs.bail application filed by the applicants under Section 439 of the Cr.P.C.for grant of bail. The applicants are in custody since 18.11.2012 in connection with Crime No.621/2012 registered at P.S.Chourai, District Chhindwara for the offence punishable under sections 147, 148, 149, 323, 324 and 307 of the IPC. Learned counsel for the applicants submits that the applicants have been falsely implicated in the case. As per prosecution, it is alleged against the applicants that at the time of incident, they used hard and blunt object like lathi, therefore, no offence under Section 307 of the IPC is made out against them. Charge sheet has been filed. The applicants are in custody and trial would take considerable time to conclude, therefore, they be released on bail. Learned counsel for State has opposed the application. On due consideration of the contention raised by the learned c...
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