Madhya Pradesh Court February 2013 Judgments
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S.K.Gupta Vs. Principal Secretary the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-25-2013
1 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR. Writ Petition No.4780/2011(S) S.K.Gupta & another. -Versus- The State of Madhya Pradesh and otheRs.PRESENT : Honble Shri Justice K.K.Trivedi. Shri Manot Sharma Advocate and Shri Pushpendra Singh Yadav, learned counsel for the petitioneRs.Ms.Sheetal Dubey, learned Govt. Advocate for respondents No.1 and 2. Shri Amit Seth, learned counsel for respondents No.3 and 4. Shri Ashok Agrawal, learned counsel for interveneRs.Anil Tatwade and Anil Sahni. ORDER (25.2.2013) 1: This writ petition under Article 226 of the Constitution of India has been filed seeking to challenge the order dated 7.8.2011 passed by the respondent-State, by which approval of promotion of the petitioners on the post of Assistant Engineer, as was granted on 23.9.2008 has been withdrawn with immediate effect, contending that the petitioners who were appointed initially as Sub Engineer in the Municipal Corporation, Bhopal, were considered for promotion on the post o...
Madhya Pradesh Wakf Board Vs. Shahabuddin
Court: Madhya Pradesh
Decided on: Feb-25-2013
1 S.A.No.762/2009 Madhya Pradesh Wakf Board versus Shahbuddin and Ors 25.02.2013 Shri S.A.Wakil learned counsel for the appellant. Shri Imtiyaz Hussain learned counsel for respondent nos.1 to 5 & 9 to 17. Shri T.S.Ruprah learned Senior Counsel with Shri Harmeet Ruprah learned counsel for respondent no.6. Shri Mohd. Ali learned counsel for respondent nos.7 & 8. The appellant has filed this appeal being aggrieved by the judgment and decree dated 19.03.2009 passed in Regular Civil Suit No.8-A/08 by the District Judge, Hoshangabad, affirming and confirming the judgment and decree dated 01.05.2008 passed by the Civil Judge Class-I, Hoshangabad in Civil Suit No.33-A/02. The learned counsel for the appellant submits that the suit in question was filed by the respondent/plaintiffs relating to the land which have been notified as a Wakf land in the year 1989 and, therefore, in view of the provisions of Sections 6 and 85 of the Wakf Act, 1995 (hereinafter referred to as 'the Act').the civil suit...
Shiv Prasad Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-25-2013
WP No.14357/05 25.02.13. None for petitioner. Shri Vivek Agarwal, learned GA for respondent No.1,6 and 7. Shri Vipin Mishra, learned counsel for respondent No.2 to 4. It is submitted by Shri Mishra that roads in the District-Satna, namely, rural roads are in a very good condition. It is also submitted by him that he has filed specific return in this matter. None is appearing for the petitioner. On the last date of hearing, i.e., on 20.12.12 also none appeared for the petitioner and this case has been listed today for dismissal of the petition because of the non-appearance of the petitioner. In view of aforesaid, we dismiss this petition for want of prosecution with no orders as to cost. (Krishn Kumar Lahoti) (M.A.Siddiqui) Judge. Judge. Jk....
Dr. Anil Bhargava Vs. Madhya Pradesh Bhoj [Open] University
Court: Madhya Pradesh
Decided on: Feb-25-2013
Writ Petition No.2736/2013 25.02.2013 Mr.Pratyush Tripathi, learned counsel for the petitioner. Heard. In this writ petition, the petitioner has challenged the validity of order dated 13.02.2013, by which the petitioner has been transferred from Bhopal to Regional Center, Rewa. Learned counsel for the petitioner submitted that there is no vacant post of Computer Operator at Regional Center, Rewa. It is also submitted that nobody has been posted on the place of the petitioner. It is further submitted that with regard to his grievance, the petitioner has submitted a representation contained in Annexure P/3 to the Competent Authority and the Competent Authority be directed to decide the representation submitted by the petitioner expeditiously. Taking into account the submissions made by learned counsel for the petitioner and in the facts of the case, the writ petition is disposed of with a direction to the Competent Authority to decide the representation submitted by the petitioner expedi...
Shivkumar @ Shibbu Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-25-2013
M.Cr.C.No.767/2013 25/02/2013 Shri S.D.Mishra, Advocate for the applicant. Shri A.K.Singh, GA for the respondent/State. Heard finally. This is the fiRs.application filed by applicant under Section 439 of the Cr.P.C for grant of bail. Applicant has been arrested on 23/12/12 in connection with Crime No.184/12 registered at P.S.Shahpur, District Rewa for the offence punishable under sections 376, 506 of IPC. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is further submitted that applicant and prosecutrix had illicit relations since last two years and when prosecutrix gave a birth to a male child, she lodged a false and concocted report against this applicant. She is more than 16 years of age. Trial would take considerable time to be disposed of finally therefore, he prays for bail to the applicant. Learned counsel for the State opposes the application. Considering the overall facts and circumstances of the case alongwith the natur...
Hasan Haider Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-25-2013
W.P.No.2890/2013 25.2.2013 Shri Swapnil Ganguli, learned counsel for the petitioner. Shri Lalit Joglekar, learned Panel Lawyer for the respondents/State. It is contended by learned counsel for the petitioner that in terms of the circular issued by the State Government, the petitioner was entitled to grant of revision of pay in appropriate manner, but despite making of representation, the said claim is not being considered by the respondents on account of which the petitioner has been given the lesser salary than the pay which juniors are drawing. It is contended that since the representation has not yet been decided, the petitioner is constrained to approach this Court. Without entering into the controveRs.involved in the writ petition, the same is disposed of with diretion to the respondent no.2 to decide the representation made by the petitioner on 27.12.2012 Annexure P-3 expeditiously within a period of two months from the date of receipt of certified copy of the order passed today ...
Shiv Shanker Sharma Vs. Govind Prasad Sharma and ors.
Court: Madhya Pradesh
Decided on: Feb-25-2013
1 S.A.No.107/2000 Shiv Shanker Sharma versus Govind Prasad Sharma & ORS.25.02.2013 Shri B.S.Sahu learned counsel for the appellant. Shri Ishtiyaq Hussain learned counsel for the respondents. The learned counsel for the respondents has informed that the house in question has already been submerged in the Punasa dam on account of the fact that the city of Harda itself has come under submergence. This Court on 18.1.2013 has granted time to the learned counsel for the appellant to ascertain the facts in this regard and make submission in that regard. The learned counsel for the appellant was again granted time on 20.2.2013 for that purpose. The learned counsel for the appellant submits that inspite of writing letters he has not received any information. The appeal, filed by the appellant is, according, dismissed for want of prosecution with liberty to the appellant to revive the appeal in case cause of action survives. C.C as per rules. ( R.S.JHA ) JUDGE mms/-...
Smt.Gomti Patel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-25-2013
25.2.2013 Shri Sushil Tiwari, Advocate for the applicant. Shri R.K.Kesarwani, PL for the State. This is the fiRs.bail application filed by the applicant under Section 438 of the Cr.P.C.for grant of anticipatory bail. The applicant apprehends her arrest in connection with Crime No.401/2012 registered at P.S.Lakhnadon, District Seoni for the offence punishable under section 420/34 of the IPC. Learned counsel for the applicant submits that applicant is a lady, she has been falsely implicated in the case. Nothing is required to be seized from her possession. The allegation against the applicant and others members of Panchayat are that they appointed co-accused Rakesh Tiwari as Secretary of Gram Panchayat, who was not duly qualified at the time of his appointment. Similarly placed co-accused have been Ramesh Kumar and Amravati Bai have been enlarged on anticipatory bail by this Court. The applicant is a reputed citizen of the locality, in the event of arrest, her reputation will be tarnishe...
Smt. Sandhya Kumari Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-25-2013
M.Cr.C. No.621/2013 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. 18/2012 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 Guriyana for long period. It is alleged against the present applicant that she was involved in the conspiracy of making false and fabricated document ...
Sunil Rathi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Feb-25-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Writ Appeal No.1202/2012 Sunil Rathi..Appellant Versus State of Madhya Pradesh and others..Respondents For the appellant : Shri Naman Nagrath, Senior Advocate, with Shri Swapnil Sohgaura, Advocate. For the respondent: Shri Vivek Agrawal, Government Advocate. ****** Present: HONOURABLE THE CHIEF JUSTICE HONOURABLE SHRI JUSTICE AJIT SINGH ****** ORDER ( 25.2.2013) This writ appeal is directed against the order dated 24.8.2012 passed by the learned Single Judge whereby he has dismissed the appellants Writ Petition No.4788/2011.2. Briefly stated the facts giving rise to this appeal are these. On 26.2.2002 a criminal case was registered against the appellant. During the pendency of this criminal case the appellant contested the election of the office of President, Nagar Panchayat, Ichhawar, district Sehore, and was declared elected on 17.12.2009. The appellant was, however, convicted for offences under section 9 of the Indian Explosives Act, 1884 and...
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