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Madhya Pradesh Court February 2013 Judgments

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Feb 27 2013

Ramesh Kumar Singh Vs. Nachai

Court: Madhya Pradesh

Decided on: Feb-27-2013

Ramesh Kumar Singh versus Nachai & Others M.C.C.No.246 27. 2.2013: Shri K.S.Baghel, learned counsel for the applicant. This application has been filed for restoration of W.P.No.1055/2011, which was dismissed for want of prosecution on 16.4.2012. There being a delay in filing this application, therefore, I.A.No.2203/2013 has been filed for condoning the delay. Delay in filing the application as well as default itself is attributed to some lapses on the part of counsel and applications are supported by affidavit of the counsel himself and there is no reason to disbelieve its bonafide. Considering the same both the applications, i.e.application for condonation of delay and restoration application itself, are allowed. Delay is condoned and W.P.No.1055/2011 is restored to its original file. It be placed for orders before an Appropriate Bench Application stands allowed and disposed of. (Rajendra Menon) Judge ss/...


Feb 27 2013

Smt. Sunita JaIn Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-27-2013

WRIT PETITION No.2789/20127. 02.2013 Shri Ghanshyam Sharma, learned Counsel for the petitioneRs.Shri Lalit Joglekar, learned Panel Lawyer, for the respondents-State on advance copy. The petitioners claim grant of regular pay scale from the initial date of appointment. The benefit is claimed by the petitioners in the light of the order passed by the Division Bench at Indore Bench of this Court, in W.A.No.346/2008 (Smt. Usha Ranawat versus State of M.P.and others).dated 18.12.2008. By the aforesaid order passed, more than 25 writ appeals claiming similar benefits were decided and it was directed that the benefit of pay fixation in the regular pay scale from the initial date of appointment shall be made to the petitioners therein. In fact the Division Bench has upheld the orders passed by the learned Single Judge in various cases and while deciding the writ appeals in para-19 the following directions were issued by the Division Bench: 19. In view of the foregoing discussion, the appeal fi...


Feb 27 2013

Prakash Kumar Patel Vs. Smt. Laxmibai

Court: Madhya Pradesh

Decided on: Feb-27-2013

Prakash Kumar Patel versus Smt. Laxmibai & Others Writ Petition No.2858 27. 2.2013: Shri B.K.Upadhyay, learned counsel for the petitioner. Challenging interlocutory order passed on 28.11.2011 passed by Second Civil Judge Class-II Maihar, District Satna in Civil Suit No.113-A/2010 allowing an application filed by respondent No.3 under Order I Rule 10 CPC and permitting her to be impleaded as party, this writ petition has been filed. Having heard learned counsel for the petitioner it is seen that the present suit has been filed by petitioner/plaintiff for declaration and injunction with regard to certain property which belongs to one Late Shri Babulal Patel. Petitioner claims his right to the property on various grounds. Defendant No.1 in the suit is Smt. Laxmi Bai, wife of Late Babulal Patel. Respondent No.3, Smt. Rambai Patel claimed to be daughter of Late Babulal Patel and stakes her claim by contending that if any decree is passed her right to the property will also be effected and, ...


Feb 27 2013

Smt. Hira Bai Vs. Wakf Khankah Nijamiyan Agha Chowk Ranital Jabalpur

Court: Madhya Pradesh

Decided on: Feb-27-2013

C.R.No.102/2013 -1- HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K.Shrivastava C.R.No.102/2013 APPLICANT SMT. HIRA BAI W/O LATE BARELAL, R/o H.NO.376/15, KASTURBA WARD (PURANA GARHAPHATAK WARD H.No.90) AAGHA CHOWK KARBALA ROAD RANITAL JABALPUR DISTT. JABALPUR JABALPUR-M.P.Versus RESPONDENTS 1 WAKF KHANKAH NIJAMIA AGA CHOWK, RANITAL, JABALPUR THROUGH ITS MUTAWALLI SAYYED LIYAKAT ALI, S/o SAYYAD KHURSHEED ALI, R/O 263/01, NAYA MOHALLA, JAIPRAKASH NARAYAN WARD, JABALPUR (M.P.) 2. M.P.WAKF BOARD, BHOPAL THROUGH CHIEF EXECUTIVE OFFICER, NEAR TAJUL MASJID, BHOPAL, DISTRICT M.P.------------------------------------------------------------------------------------- Applicant by - Shri Saurabh Tiwari, Advocate Respondent No.1 by Shri A.M.Trivedi, Senior Advocate with Shri Ritesh Sharma, Advocate Respondent No.2 by- Shri Saleem Rahman, Advocate. ------------------------------------------------------------------------------------- ORDER {2702-2013} For the reasons stat...


Feb 27 2013

P. K. Shrivastava Vs. the Secretary M.P. Purva Khsestara, Vidhut Vitra ...

Court: Madhya Pradesh

Decided on: Feb-27-2013

1 W.P.NO.7587/2011 27.02.2013 Shri Alok Pathak, learned counsel for the petitioner. Shri K. Rohan, learned counsel for respondents. Learned counsel for respondents states that the rejoinder is filed by the petitioner and, therefore, he would like to file additional submissions on behalf of respondents to clarify the stand taken by them in their return. Looking to the controveRs.involved, it is directed that any additional return be filed within 15 days from today, failing which the writ petition would be heard without the additional return of the respondents as is already directed vide order dated 4.2.2013. List in the week commencing 18.3.2013 for final disposal. (K.K.Trivedi) Judge. A.Praj....


Feb 27 2013

Shri Prem Lal Kori Vs. Wakf Khankah Nijamiyan Aagha Chowk Ranital Jaba ...

Court: Madhya Pradesh

Decided on: Feb-27-2013

C.R.No.101/2013 -1- HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K.Shrivastava C.R.No.101/2013 APPLICANT SHRI PREM LAL KORI s/o SHRI RAM SWARUP KORI R/o H.NO.1467, KASTURBA WARD (PURANA GARHAPHATAK WARD H.No.90) AAGHA CHOWK KARBALA ROAD RANITAL JABALPUR DISTT. JABALPUR JABALPUR-M.P.Versus RESPONDENTS 1 WAKF KHANKAH NIJAMIA AGA CHOWK, RANITAL, JABALPUR THROUGH ITS MUTAWALLI SAYYED LIYAKAT ALI, S/o SAYYAD KHURSHEED ALI, R/O 263/01, NAYA MOHALLA, JAIPRAKASH NARAYAN WARD, JABALPUR (M.P.) 2. M.P.WAKF BOARD, BHOPAL THROUGH CHIEF EXECUTIVE OFFICER, NEAR TAJUL MASJID, BHOPAL, DISTRICT M.P.------------------------------------------------------------------------------------- Applicant by - Shri Saurabh Tiwari, Advocate Respondent No.1 by Shri A.M.Trivedi, Senior Advocate with Shri Ritesh Sharma, Advocate Respondent No.2 by- Shri Saleem Rahman, Advocate. ------------------------------------------------------------------------------------- ORDER {2702-2013} For the re...


Feb 27 2013

Dhani Ram Kumhar Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-27-2013

M.Cr.C.No.1267/2013 27.2.2013 Shri H.S.Dubey, Advocate for the applicant. Shri Akhilendra Singh, GA 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 his arrest in connection with Crime No.243/2012 registered at P.S.Chachai, District Shahdol for the offence punishable under Sections 420, 467, 468, 471, 406, 120-B of the IPC. As per prosecution, it is alleged that the applicant along with co-accused persons withdrew some amount without filing the application of the persons concerned, thereby committed forgery. Learned counsel for the applicant has submitted that applicant is falsely implicated in this case. At the relevant time, he was posted as Postal Assistant at P.O.Chachai. The applicant was not authorized to withdraw the amount. The amount has not been withdrawn by his signatures. The applicant is a government servant, he is ready to co-operate in the investigation and tri...


Feb 27 2013

Lakhan Ahirwar Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-27-2013

M.Cr.C.No.1126/2013 27.2.2013 Shri Purushottam Soni, Advocate for the applicant. Shri Akhilendra Singh, GA for the State. This is the fiRs.bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail. The applicant is in custody since 13.10.2012 in connection with Crime No.398/2012 registered at P.S.Jatara, District Tikamgarh for the offence punishable under sections 302, 201, 120-B, 34 of the IPC. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. There is no direct evidence against the applicant. The whole case rests on the circumstantial evidence. The chain of circumstantial evidence is already broken. It is alleged that the applicant and co-accused Munnilal were last seen together with the deceased. Thereafter, no evidence has been collected against the applicant by the prosecution. Co-accused Munnilal has been released on bail by this Court vide order dated 14.2.2013 passed in M.Cr.C.No.585/2013 and t...


Feb 27 2013

Shaheed Bari Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Feb-27-2013

Criminal Revision No.1645/2012 27.02.2013 Shri R.K.Thakur, counsel for the applicant. Shri Vinot Fauzdar, Panel Lawyer for the respondent/State. Heard on I.A.No.4672/2013, an application for condonation of delay in filing the present revision. The present revision is filed against the judgment dated 4.11.2004 passed by the learned J.M.F.C.Jabalpur in criminal case no.2268/03, whereby the applicant was convicted for the offence punishable under Section 283 of IPC on the basis of admission and sentenced for the period, which he has already undergone in the custody. After considering the various reasons mentioned in the application filed by the applicant, those reasons are not acceptable for condonation of delay for more than six yeaRs.Under such circumstances, without any basis such a huge delay cannot be condoned. Consequently, I.A.No.4672/2013 is hereby dismissed and hence, the revision filed by the applicant is also dismissed being barred by limitation. (N.K.GUPTA) JUDGE pnkj...


Feb 27 2013

Dinesh Kumar and ors. Vs. K.S.Vaikar and ors.

Court: Madhya Pradesh

Decided on: Feb-27-2013

C.R. 52/2005 1 IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR CIVIL REVISION No.52 of 2005 SINGLE BENCH: JUSTICE A.K. SHRIVASTAVA Applicants :1. Dinesh Kumar S/o Late Shri Mitthanlal 2. Ram Prasad S/o Late Shri Mitthanlal 3. Kishore Kumar S/o Late Shri Mitthanlal 4. Devendra Kumar S/o Late Shri Mitthanlal 5. Sharad Kumar, S/o Late Shri Mitthanlal All residents of Village Manpur (Lalbarra) Tahsil Waraseoni District Balaghat (M.P.) 6. Smt. Draupadi Bai D/o Late Shri Mitthanlal W/o Shri Komalprasad Shivvedi R/o Village Chapara, Tahsil Lakhnadon, District Seoni 7. Smt. Meerabai D/o Late Shri Mitthanlal W/o Shri Sunderlal Shivvedi R/o Village Chapara, Tahsil Lakhnadon, District Seoni 8. Smt. Geeta Bai D/o Late Shri Mitthanlal W/o Shri Krishnakumar Nagesh R/o Village Damua, Tahsil Junnardeo, District Chhindwara Versus Respondents :1. K.S. Vaikar, S/o Late Shriniwas Vaikar C.R. 52/2005 2 R/o Bank Officers' Colony, Char Imli, Bhopal (M.P.) 2. Kishore (Dr. V.S. Vaikar) S/o Late ...


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