Madhya Pradesh Court April 2013 Judgments
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Sabir Islam Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-24-2013
WP No.6369/13 24.04.13. Shri Yar Mohammed, Shri Pradeep Dubey and Shri Anurag Sahu, learned counsel for petitioner. Shri P.K.Kaurav, learned Addl. AG for respondent No.1 to 3 and 5. The petitioner has sought a direction to the respondents not to remove the Samadhi Sthal situated on Block No.01 Plot No.10/1. It is stated that on the aforesaid land a Samadhi of Baba Saheb Machinewale is situated and patta has also been granted in favour of aforesaid Samdhi Sthal, but inspite of this the authorities have issued notice for removal of the Samadhi. Shri P.K.Kaurav, learned Addl.AG appearing for State submitted that the question in respect of aforesaid Samadhi Sthal has already been adjudicated by another co-ordinate Bench in WP No.2214/05 in which a due report was called by the Bench and thereafter the question has already been adjudicated. It is submitted that for the same purpose, another petition could not be entertained. On raising such objection, learned counsel for petitioner submitted...
Mohan Lal Sharma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-24-2013
WP No.6278/13 24.04.13. Shri Anil Dwivedi, learned counsel for petitioner. Shri Anuj Agrawal appears on behalf of Shri Sanjay Agrawal, learned counsel for respondent no.4,5,6 and 7. Shri P.K.Kaurav, learned Addl.AG for respondent no.1,2, 8 and 9. The petitioner has sought following reliefs :- (A) To direct the respondents by issuing the Writ in the nature of Mandamus to establish and run the Shahpur Branch Office of SBI at the Village/ Town Shahpur Distt. Umariya (M.P.).(ii) To issue any other writ/order against the respondents fit to the fact and circumstances of the case in the interest of the public. This petition has been filed by way of public interest litigation seeking the aforesaid directions on the ground that respondent/ State Bank of India may be directed to continue with its branch at Shahpur, District-Umariya and not to transfer it to Kalyanpur, District-Shahdol. Learned counsel appearing for the petitioner submitted that respondent no.4 may be directed to consider the rep...
Akhilesh Prasad Vs. Smt. Shanti Devi
Court: Madhya Pradesh
Decided on: Apr-22-2013
1 C.R.No.170/2013 Akhilesh Prasad & ORS.versus Smt. Shanti Devi & ORS.22.04.2013 Shri J.N.Tripathi learned counsel for the applicants. Heard on the question of admission. The applicants have filed this revision being aggrieved by order dated 16.1.2013 passed by the Second Civil Judge Class-II Sidhi in Civil Suit No.07- A/2012 rejecting the application filed by the applicants under Order 7 Rule 11 CPC. It is submitted by the learned counsel for the applicants that the court below has erred in law and fact in rejecting the application filed by the applicants as the plaintiff, in the plaint, has failed to value the suit or specify the property in respect of which the suit for declaration has been filed. The learned counsel for the applicants has further submitted that the applicants had also raised objections regarding joinder of defendant nos.3, 4 & 5 in the plaint as defendants though they were not necessary parties but the said objection has not been dealt with by the court below while...
Akhilesh Kumar Patel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-22-2013
1 M.C.C No.426/2013 Akhilesh Kumar Patel versus State of M.P.& ORS.22.04.2013 Shri Parag Tiwari learned counsel for the applicant. Shri Amit Kumar, Panel Lawyer for the respondent/State. Shri Praveen Dubey learned counsel for respondent nos.2 & 3. Heard on the question of admission. This application has been filed by the applicant seeking execution of order passed by this Court in W.P No.8296/2010 (S) decided on 8.5.2012. The learned counsel for the respondents, who had entered appearance, raised a preliminary objection regarding maintainability of this MCC. It is urged that such an application seeking execution of the order passed in the writ petition is not maintainable. He, however, submits that even otherwise the order passed by this Court in W.P No.8296/2010 (S) has been complied with by the respondents by passing the order dated 2.4.2013, a copy of which has been produced before this Court and has been placed on record. In view of the aforesaid, the application seeking execution ...
Babulal Alias Parshottam Sahu Vs. Tarachand
Court: Madhya Pradesh
Decided on: Apr-22-2013
W.P.No.21711/2012 22/4/2013 Shri Pranay Verma, Advocate for the petitioner. Shri G.S.Baghel, Advocate for the respondents. With consent, the matter is finally heard. This is a petition, under Article 227 of the Constitution of India, for issuance of a writ in the nature of certiorari quashing the order-dated 7/11/2012 (Annexure P-11) passed by Second ADJ.Gadarwara, Distt. Narsinghpur in Civil Suit No.12-A/10, whereby respondents application dated 16/10/2012 was allowed and accordingly, petitioners right to lead further evidence was closed. The suit has been filed by the petitioner for declaration of title in respect of a house and permanent injunction restraining the respondents from alienating/transferring the house or from interfering with his possession thereon in any manner. Upon his request, vide order dated 12/10/2011, Shri T.S.Thakur, Advocate was appointed as Commissioner for recording of cross-examinations and re-examinations of his witnesses, whose chief-examinations were fur...
Bharat Singh Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Apr-22-2013
IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Revision No.1046/1999 Bharat Singh VERSUS The State of Madhya Pradesh --------------------------------------------------------------------------- Shri Manish Datt, Senior Advocate along with Shri Anubhav Jain, Advocate for the applicant. Shri Ajay Tamrakar, Panel Lawyer for the State/respondent. --------------------------------------------------------------------------- ORDER (Passed on the 22nd day of April, 2013) The applicant was convicted for the offence punishable under section 7 (1) read with section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (hereinafter it will be referred to as the PF Act) vide judgment dated 16.10.1996 passed by the learned Chief Judicial Magistrate, Raisen (Shri U.C.Jain) in criminal case No.451/1990 and sentenced with 6 months rigorous imprisonment with fine of Rs.1,000/-. In criminal appeal No.169/1996, the learned Sessions Judge, Rais...
Jairam Yadav Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-22-2013
M. Cr.C. No. 14450/2012. 22.04.2013 Shri T.C. Lakhera, counsel for the applicants. Shri Yadvendra Dwivedi, P.L. for respondent State. Panel Lawyer submits that he is under receipt of the case diary. The applicants namely Jairam Yadav and Inder Singh have filed this repeated 5th petition under Section 439 of Cr.P.C. for grant of bail as they are in custody since 30/03/2010 in connection of the offence of Section 363, 366, 376(2)(g) read with S. 34 of IPC registered against them as crime No. 45/2010 at Police Station Dhooma, Tahsil Lakhnadaun, District Seoni. In the course of arguments in response of some query based on the factual matrix of the case so also in view of the earlier order dismissing their applications for grant of bail instead to argue further, learned counsel for applicants seeks permission to withdraw this petition with liberty to revive the prayer at subsequent stage on availability of some additional ...
Rajaram Vs. Smt. Malti Bai
Court: Madhya Pradesh
Decided on: Apr-22-2013
M.A. No. 798/2012. 22.04.2013 None for the appellants. This appeal is preferred by the appellant under Section 173(1) of the Motor Vehicles Act being aggrieved by the award dated 09/08/2011 passed by Motor Accident Claims Tribunal, Harda, in Claim Case No. 40/2010, whereby exonerating the respondent No. 7 insurer, the claim of respondents no. 1 to 5 have been awarded for the sum of Rs. 2,07,500/ and the interest on it @ 7.5% p.a. from the date of filing of claim petition, against the appellant and respondent No. 6 driver fastening their joint and several liability to pay such sum and as per office report, this appeal is preferred without depositing the requisites sum as per requirement of Section 173 of the Motor Vehicles Act, 1988 for entertaining this appeal. In the lack of receipt of depositing the requisite sum for entertaining this appeal, the same is not ...
Bablu Rai Vs. Smt. Anita Rai
Court: Madhya Pradesh
Decided on: Apr-22-2013
1 HIGH COURT OF JUDICATURE MADHYA PRADESH, JABALPUR SB: HON. SHRI N.K.GUPTA,J.CRIMINAL REVISION NO.95/2007 Bablu Rai. Vs. Smt. Anita Rai. ------------------------------------------------------------------------------------------- Shri Sandeep Kostha, Advocate for the applicant. Shri Mukesh Mishra, Advocate for the respondent. ------------------------------------------------------------------------------------------- ORDER (Passed on the 22nd day of April, 2013) The applicant has preferred the instant revision against the order dated 4.12.2006 passed by the learned First Additional Sessions Judge Damoh in Criminal Revision No.144/2005 whereby the order dated 23.11.2005 passed by the learned JMFC Hata District Damoh in MJ.No.64/2005 was set aside and maintenance of Rs.700/-per month was granted to the respondent from 9.5.2001 whereas the trial Court dismissed the application of the respondent under Section 125 of Cr.P.C.2. The brief facts relating to the present revision are that the res...
Bahori Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-22-2013
CRR No.413/2013 1 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava CRIMINAL REVISION No.413/2013 Applicant: Bahori s/o Mangal Singh Gound (Adiwasi), R/o Badgaon, Police Station Rahli, District Sagar (M.P.) Versus Respondent : State of Madhya Pradesh through Police Station Rahli, District Sagar --------------------------------------------- Shri B.J.Chourasiya, Advocate for the applicant. Shri Pushpraj Singh, Public Prosecutor for the respondent- State. --------------------------------------------- ORDER (Delivered on this 22nd day of April, 2013) Feeling aggrieved by the order dated 16.5.2012 passed by learned Additional Sessions Judge, Rahli, District Sagar in Criminal Appeal No.308/2011 whereby the judgment of conviction and order of sentence dated 25.7.2011 in Criminal Case No.396/2009 convicting the applicant under Section 325 IPC (two counts) and thereby sentencing him to suffer 2 years R.I. and to pay fine of Rs.1000/- each; in default of p...
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