Madhya Pradesh Court February 2013 Judgments
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Smt. Archna Harijan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-26-2013
Writ Petition No.1706/2013 26.2.2013 Shri U.K.Shukla, Advocate, for the petitioner. Shri M. K.Tripathi, Advocate, for respondent no.4. Smt.D.K. Bohre, Government Advocate, for the State. Heard on admission. The petitioner is Chairman of self-help group of women which carries on the work of supplying mid-day meal to different Government schools in district Sidhi. The petitioner was allotted the work of supplying mid-day meal to Government Girls Primary School, Chakghat, district Rewa. However, during inspection it was found that the mid-day meal was not being supplied as per the prescribed menu. Therefore, the petitioners work was allotted to another self-help group of women after obtaining necessary approval in accordance with the guidelines. Aggrieved, the petitioner filed an appeal before the Collector, Rewa, and thereafter revision before the Commissioner but both were dismissed vide orders dated 29.6.2012 and 15.1.2013 respectively. It is in this background the petitioner has filed...
Ramlal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Feb-26-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR SINGLE BENCH PRESENT : HON'BLE SHRI JUSTICE N. K. GUPTA CRIMINAL REVISION NO.793/1999 Ramlal Vs. State of Madhya Pradesh ................................................................................................. Shri Satish Chaturvedi, counsel for the applicant. Shri Ajay Tamrakar, Panel Lawyer for the respondent/ State. .................................................................................................... ORDER (Delivered on the 26th day of February, 2013) The applicant was convicted for offence punishable under Section 326 of I.P.C by the Judicial Magistrate First Class, Orcha, District Tikamgarh vide judgment dated 4.6.1998 in Criminal Case No.645/94 and was sentenced for six months rigorous imprisonment with fine of Rs.300/-. In Criminal Appeal No.16 of 1998 the learned First Additional Sessions Judge, Tikamgarh vide judgment dated 28.4.1999 dismissed the appeal. Being aggrieved with both the judgments the applicant has ...
The State of M.P. Vs. Sadhu and ors.
Court: Madhya Pradesh
Decided on: Feb-25-2013
Cr.R.No.784/1999 25.2.2013 Shri Prakash Gupta, Panel Lawyer for the respondent/State. None for the respondents. Heard learned counsel for the parties. Heard on admission. The applicant/State has challenged the order dated 3.2.1999 passed by the Sessions Judge, Panna in ST No.3 of 1999 whereby the respondents were discharged from the charge of offence punishable under Section 306 of I.P.C.The prosecution's case in short is that, on 18.10.998 the deceased Killedar Yadav was bathing near a well situated at Village Pista in territory of Police Station of Ajaygarh, District Panna. He had flown much water from the well and therefore, the applicants objected. A quarrel took place between them and exchange of hot words was also done by both the parties. The applicants in that quarrel told the deceased to go and die. Thereafter, his body was found in a well. Initially it was thought that he fell into the well by accident and therefore, a merg intimation was given to the Police. After due invest...
Union of Inida Vs. Radhelal Goud
Court: Madhya Pradesh
Decided on: Feb-25-2013
1 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR. W.P.No.6284/2008(S) Union of India and otheRs.-Versus- Radhelal Goud. PRESENT : Honble Shri Justice S.A.Bobde, Chief Justice. Honble Shri Justice K.K.Trivedi, Judge. Shri S.A.Dharmadhikari, learned counsel for the petitioneRs.Shri Narendra Sharma, learned counsel for the respondent. ORDER (25.02.2013) Per : K.K.Trivedi, J. By this petition under Article 227 of the Constitution of India, the petitioners have called in question the order dated 12.3.2008 passed in O.A.No.793/2007 by the Central Administrative Tribunal, Bench at Jabalpur (hereinafter referred to as the Tribunal for brevity).It is contended that the Original Application filed by the respondent was wrongly allowed directing fixation of the pay of the respondent in the higher pay scale, treating it as an appointment to a post carrying higher responsibility and pay him the arrears and pensionary benefits based on such fixation. It is contended that the respondent was o...
Govind Prasad Gupta Vs. Sandeep Kumar Gupta
Court: Madhya Pradesh
Decided on: Feb-25-2013
1 W.P.No.2673/2013 25.2.2013 Shri Manot Sanghi, learned counsel for the petitioner. Shri M.P.Pandey, learned counsel for the respondents on advance notice. Challenging an order passed by the learned Court below namely the Court of VIIIth Additional District Judge, Jabalpur in Civil Suit No.10A/2011 on 5.2.2013 petitioner has filed this writ petition. By the aforesaid impugned order an application filed by the petitioner under Section 10 of the Code of Civil Procedure has been rejected. It is seen that the application for stay of the proceedings under Section 10 has been rejected only on the ground that with regard to earlier suit filed which is pending an issue has been framed, the effect of the earlier suit shall be considered while deciding this issue and holding that in the facts and circumstances no case for stay of subsequent suit is made out, application is rejected. Having heard learned counsel for the parties and on going through the provisions of Section 10 it is seen that pro...
Pradeep Kumar Singh Vs. M.P.Housing Board Bhopal
Court: Madhya Pradesh
Decided on: Feb-25-2013
HIGH COURT OF MADHYA PRADESH : AT JABALPUR Writ Petition No :11077. of 2005 Shri Pradip Kumar Singh - V/s - MP Housing Board, Bhopal and others Present : Honble Shri Justice Rajendra Menon. -------------------------------------------------------------------------------------- Shri Kishore Shrivastava, Senior Advocate, with Shri Aditya Adhikari, counsel for the petitioner. Shri Mahendra Pateriya, counsel for respondents 1 to 3. None for respondent No.4, even though served through Publication in the Newspaper. -------------------------------------------------------------------------------------- Whether approved for reporting: Yes / No.ORDER 25/02/2013 Challenging the allotment of the House in question, being House not HIG-D-108, a duplex house, in the Katra Hills Residential Scheme on self-financing basis, by the MP Housing Board, Bhopal, this writ petition was filed. 2- Originally when the writ petition was filed on 19.9.2005, it was the case of the petitioner that respondent No.1 MP ...
Satpuda Construction Pvt. Ltd Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-25-2013
R.P.No.103/13 25.2.2013 Shri Manot Sharma, Advocate, for the petitioner. Shri Rahul Jain, Dy. A.G.for the respondents. Heard on I.A.No.1846/2013 an application for condonation of delay in filing the review petition. Office has reported that this review petition is barred by 15 days. For the reasons stated in the application which are supported by an affidavit of Mr.Javed Mirza, Managing Director of Satpuda Construction PVT.LTD.applicant has made out a case of condonation of delay in filing the petition hence the aforesaid I.A is allowed and the delay is hereby condoned. Also heard on review application. This review petition is filed for seeking Review of the order dated 17.12.2012 passed in W.P.No.17610/2012 by Single Bench of this Court, as the Judge who had passed this order during vacation, is not available at Jabalpur Bench so this matter has been placed before this Division Bench for hearing. Learned counsel for the petitioner submitted that in order dated 17.12.2012, a direction ...
Smt. Sheetal Vs. Vishal Gurav @ Milind
Court: Madhya Pradesh
Decided on: Feb-25-2013
M.C.C.No.1740 25. 02.2013 Shri J.N.Tripathi, Advocate for applicant. He is heard on the question of admission. This is an application under Section 24 of the CPC filed by the applicant-wife for transferring the divorce case filed by respondent at Family Court Betul to Family Court, Jabalpur. The contention of learned counsel for applicant is that except her father there is no other male member in her family who can accompany her for attending the dates at Family Court, Betul. It has also been contended that a complaint case under Sections 341, 294, 506B and 323 IPC has been filed by the respondent at Betul which has been registered by learned JMFC but the proceedings of that case has been stayed by this Court and therefore divorce case be transferred from Betul to Jabalpur. Considered the submissions. At present I do not find any merit in this application to transfer the divorce case filed by husband at Betul to Jabalpur. However, upon filing the necessary application to provide train ...
Padmakar Laxman Narayan Vs. Dinesh Kumar Jain
Court: Madhya Pradesh
Decided on: Feb-25-2013
Writ Petition No :20312. / 2012 Padmakar Laxman Narayan versus Dinesh Kumar Jain 25.02.2013. Shri M. Adil Usmani for the petitioner. Challenging an interlocutory order-dated 11.10.2012 passed by the Third Additional Judge to the Court of District Judge, Bhopal in Civil Suit No.597-A/2011, rejecting an application for stay of the suit filed under Section 10 of the Code of Civil Procedure, petitioner has filed this writ petition. Petitioner is defendant and is facing a suit for eviction filed by the respondent landlord on grounds as are contemplated under section 12(1)(b) and (f) of the MP Accommodation Control Act. On the ground that a proceeding has already been initiated by the petitioner before the Rent Controlling Authority under section 25 of the MP Accommodation Control Act, and as a previous case instituted by the petitioner with regard to the subject matter of the present suit is already pending, the application was filed for stay of the proceedings. Interalia contending that a ...
Smt. Saroj Rani Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-25-2013
M.Cr.C. No.626/2013 25.2.2013 Shri Jafar Khan, counsel for the applicant. Shri Pankaj Dubey, counsel for the respondent/State. Heard. This is an application under Section 438 of Cr.P.C for grant of anticipatory bail. Applicant apprehends her arrest in connection with Crime No. 19/2012 registered at Police Station Economic Offence Wing (EOW) Jabalpur for offence punishable under Sections 409, 467, 468, 471, 218, 120B of IPC and Section 13(1)(d), 13(2) of Prevention of Corruption Act. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the case. She has no criminal past. She is ready to cooperate during investigation. She was the Sarpanch of Gram Panchayat Lahatwas for long period. It is alleged against the present applicant that she was involved in the conspiracy of making false and fabricated document alo...
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