Madhya Pradesh Court March 2013 Judgments
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M/S Emerald Marketing Vs. Dena Bank
Court: Madhya Pradesh
Decided on: Mar-21-2013
W.P. No. 4503 Of 2013 21.3.2013 Shri Rajmani Mishra, learned counsel for the petitioner. Shri R.N. Roy, learned counsel for respondent No. 1. This petition is directed against the action of respondent Nos. 2 and 3; whereby, they have directed the petitioner to give vacant possession of premises which is duplex No. 3 at Krishna Vila, South Civil Lines, Jabalpur which is in pursuance to order dated 2.1.2013, in a proceeding under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, initiated at the instance of respondent No. 1. When the matter was taken up yesterday, learned counsel for the petitioner submitted that the petitioner is ready to vacate the premises and handover the vacant possession thereof to respondent No. 1 in pursuance to order dated 2.1.2013; however, some time may be granted for the same. Petitioner was, therefor...
Naresh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-21-2013
M.Cr.C.No.2143/2013 21.3.2013 Shri R.S.Patel, Advocate for the applicant. Shri Chandrakant Mishra, 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 21.12.2012 in connection with Crime No.209/2012 registered at P.S.Sendri, District Tikamgarh for the offence punishable under Sections 294, 323, 506, 376, 307 of the IPC. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The prosecutrix was in love affair with the applicant and the parents of the prosecutrix were going to solemnize the marriage of the prosecutrix with someone else, therefore, she called the applicant. The applicant was not ready to marry with the prosecutrix, therefore, she jumped into a well and 3-4 persons saved the life of the prosecutrix. The prosecutrix did not say anything in regard to commission of rape by the applicant. During investigation, it was found b...
Anupam Sharma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-21-2013
M.Cr.C.No.1887/2013 21.3.2013 Shri Ajay Gupta, Advocate for the applicant. Shri R.K.Kesarwani, PL for the State. Shri Ghanshyam Sharma, Advocate for the objector. 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 14.1.2013 in connection with Crime No.97/2013 registered at P.S.Berasia, District Bhopal for the offence punishable under Sections 363, 366-A, 34 of the IPC. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He is the Director of Angelic School, Berasia. According to the prosecution, prosecutrix Huda Khan is alleged to have been abducted by an employee of the aforesaid school. No evidence has been collected by the prosecution against the applicant in regard to the alleged offence. The applicant is in custody for more than two months and trial would take considerable time to conclude, therefore, he be released on bail. Learned counsel ...
Shashi Kant Pandey Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-20-2013
M.Cr.C.No.2588/2013 21.3.2013 Shri Prakash Upadhyay, counsel for the applicant. Shri R.K.Kesharwani, PL , for the State. Heard. This is an application under Section 439 of Cr.P.C.for grant of bail. The applicant has been arrested in connection with Crime No.14/2013 registered at Police Station Rajendragram, District Anooppur for offence punishable under Section 409, 420, 465, 471, 120-B/34 of IPC. Learned counsel for the applicant submits that the applicant is in custody since 12.2.2013. He has been falsely implicated in this case. It is further submitted that the applicant was not the drawing disbursing officer. He also submitted that one Anurag Verma, Accountant was the authorised officer for transaction with bank. He filed Annexure-A/2 in support of his contention. Trial would take considerable time to conclude finally, therefore, he prays for grant of bail. Learned counsel for the State opposes the prayer for grant of bail. On due consideration of the facts and circumstances of the...
M/S Agrawal Colour Advanced Photo System Vs. Customs, Excise and Servi ...
Court: Madhya Pradesh
Decided on: Mar-20-2013
1 W.P.No.2981/2012 M/s Agrawal Colour Advanced Photo CustoMs.Excise and Service System Tax Appellate Tribunal & others 20.3.2013 Shri Mukesh Agrawal, Counsel for petitioner. Shri Gautam Prasad, Counsel for respondents. Considering the short controveRs.involved in this case, the matter is heard. This petition is directed against an order dated 2.1.2012 passed by the CustoMs.Excise and Service Tax Appellate Tribunal, New Delhi by which the application of petitioner for waiver of pre- deposit of the dues was dismissed and petitioner herein was directed to deposit the amount in question within a period of four weeks from the date of receipt of the order and to report compliance on 17.2.2012. It is submitted that the petitioner was not in a position to deposit the amount in demand, so a prayer was made for waiver of the pre-deposit, but the Tribunal has erred in rejecting the application without considering the prayer on merits. Learned counsel appearing for the respondents submits that the...
Shankar Vs. Smt. Vibha
Court: Madhya Pradesh
Decided on: Mar-20-2013
Criminal Revision No.477/2013 20.03.2013 Shri S.K.P.Verma, counsel for the applicant. None for the respondent. Heard on admission as well as I.A.No.6554/2013, an application for staying the operation of the impugned order. The applicant has moved an application under Section 125(2) of the Cr.P.C.that the maintenance granted to the respondent may be set aside because the competent Civil Court found that she was not a wife of the applicant at all and therefore, vide order dated 28.9.2012 the learned J.M.F.C.Khandwa in M.J.C.No.18/11 allowed the application of the applicant. In criminal revision no.105/12, the learned 4th Additional Sessions Judge, Khandwa remanded the case vide order dated 30.1.2013 against which the present revision is filed. The entire evidence was on record and therefore prima facie, the revisionary Court was expected to decide the matter on merits and prima facie, issuance of remand order cannot be accepted. Hence, the present revision is admitted for final hearing. ...
Lucky @ Akash Deep Sahu Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-20-2013
M.Cr.C.No.1894/2013 20/03/2013 Shri Manish Datt, Sr.Counsel with Shri Yogesh Soni, Advocate for the applicants. Shri R.K.Kesharwani, PL for the respondent/State. Heard finally. This is the fiRs.application filed by applicants under Section 439 of the Cr.P.C for grant of bail. The applicants have been arrested on 3/11/12 in connection with Crime No.857/12 registered at P.S.Kotwali, District Shahdol for the offence punishable under section 302/34 of IPC and section 25 of the Arms Act. Learned counsel for the applicants submits that applicants have been falsely implicated in the case. They are not the main accused. It is alleged against these applicants Lucky @ Akash Deep and Raja Sahu that at the time of incident they caught hold the deceased Ankit and co-accused Kallu @ Ghanshyam assaulted him by knife. Deceased Ankit sustained multiple injuries and ultimately succumbed to said injuries. Charge sheet has already been filed and trial would take considerable time to be disposed of finally...
Mishrilal Vs. Collector of District Jabalpur
Court: Madhya Pradesh
Decided on: Mar-20-2013
1 W.P. No. 3558 Of 2013 20.3.2013 Shri P.N. Das, learned counsel for the petitioner. Smt. Sheetal Dubey, learned Government Advocate for respondent State, on advance notice. Heard. Petitioner, a Kotwar of village Tumra, tahsil Shahpura Bhitoni, district Jabalpur, claiming the ancestral right over the immovable property bearing Khasra Nos. 8, 22, 58 and 82 said to have been allotted to the ancestors of the petitioner by Malguzar prior to coming into force Abolition of Proprietary Rights (Estates, Mahals and Alienated Lands) Act, 1950, seeks direction to the respondents to consider his claim for Bhumiswami right as per the decision taken vide circular No. F26/07/ lkr,d dated 3.3.2010 as also a decision taken by Chhattisgarh High Court in the case of Tikaram and others v. State of M.P. and another W.P. No. 2064/2000 decided on 3.5.2001. Learned Government Advoca...
Suwai Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-20-2013
M.Cr.C.No.221/2013 20.3.2013 Shri Sharad Verma, Advocate for the applicants. Shri Chandrakant Mishra, GA for the State. Shri Shivam Singh, Advocate for the objector. At the outset, learned counsel for the applicants prays for withdrawal of application of applicant No.2 Jaswant. Prayer is allowed. Application of applicant No.2 Jaswant is dismissed as withdrawn. This is the fiRs.bail application filed by applicant Nos.1, 3 and 4 namely Suwai, Parshottam and Gautam under section 438 of Cr.P.C.for grant of anticipatory bail. They apprehend their arrest in connection with Crime No.235/2012 registered at P.S.Themi, District narsinghpur for the offence punishable under Sections 294, 323, 326, 506/34 of the IPC. Learned counsel for the applicants has submitted that applicant Nos.1, 3 and 4 have been falsely implicated in this case. According to the prosecution, co-accused Jaswant assaulted the complainant by using an Axe. As per MLC, the complainant sustained only one incised wound. Applicant ...
Ram Kishore Mishra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Mar-20-2013
IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Revision No.1774/2009 Ram Kishore Mishra VERSUS The State of Madhya Pradesh --------------------------------------------------------------------------- Shri Manish Datt, Senior Advocate along with Shri Abhishek Arjaria, Advocate for the applicant. Shri Prakash Gupta, Panel Lawyer for the State/ respondent. ------------------------------------------------------------------------- ORDER (Passed on the 21st day of March, 2013) The applicant has preferred the present revision against the order dated 5.5.2009 passed by the learned Additional Judge to First Additional Sessions Judge, Panna in S.T.No.47/2009, whereby the charge of offence punishable under section 409 of IPC was appended against the applicant.2. The prosecution's case, in short, is that, a temple of Baldevji is situated at Panna. Since it was a public temple, its administration is with the collector. The collector had appointe...
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