Madhya Pradesh Court May 2013 Judgments
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Rituraj Bharadwaj Vs. Municipal Council
Court: Madhya Pradesh
Decided on: May-01-2013
W.P.No.7981/2013 1/5/2013: Shri Sanjay Agrawal, learned counsel for the petitioner. Challenging an order passed by the Appellate Court in the matter of granting conditional injunction to the petitioner in a proceeding held under Order 39 Rule 1 and 2 CPC, petitioner has filed this writ petition. Petitioner is carrying out a business of displaying advertisements through hoarding and advertisement board in the City of Seoni and when action was proposed to be taken for removal of hoardings, a suit was filed for injunction. In the injunction proceeding even though learned Appellate Court by the impugned order Annexure P/6 dated 29.1.2011 has granted injunction but the injunction is conditional in nature and in para 17 it is held that injunction will not apply to hoardings which are in the side of Dalsagar Sarovar in the city of Seoni and on national highway. Contending that this condition imposed in the injunction granted is unsustainable, learned counsel prays for interference into the ma...
Vishram Singh Vs. Union of India
Court: Madhya Pradesh
Decided on: May-01-2013
M.A. No. 863 of 2012 1.5.2013 Shri Sharad Gupta, learned counsel for appellant. Shri Govind Patel, learned counsel for respondent. With consent, appeal is finally heard. This appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is directed against the judgment dated 4.7.2011 passed by the Railway Claims Tribunal; whereby, while allowing the claim of Rs.1,60,000/ being compensation in lieu of 'amputation below knee with stump exceeding 5. as per items (22) of Part III of the Schedule annexed to Railway Accident & Untoward Incident (Compensation) Rules, 1990, incurred due to accidental falling from train No. 1505 Bina Katni passenger ex Ghatera to Katni, the Tribunal declined to grant interest for the period from 29.9.2009 to 28.6.2010. Barring said period the interest has been awarded at the rate of 6 % per annum from the date of registration of case, i.e.,...
M/S Mayur Milk Product Vs. Central Bank of India
Court: Madhya Pradesh
Decided on: May-01-2013
W.P.No.7711/2013 1/5/2013: Shri Vikas Gupta, learned counsel for the petitioner. Inter alia contending that respondent No.2 the recovery Officer is proposing to sell the mortgage property in a value which is less than the market value, petitioner has filed this writ petition seeking a direction to respondent No.2 to sell the property mortgaged as per market value. Respondent No.2 is functioning under the Superintendent and control of the Debts Recovery Tribunal and if there is any irregularity in the proceeding conducted for auctioning of the property, petitioner can always approach the Debts Recovery Tribunal and no direction can be issued by this Court. Finding the petition to be wholly misconceived, this petition is dismissed. (Rajendra Menon) Judge mrs.mishra...
Govardhan Singh Mena Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-01-2013
Criminal Revision No.118/2013 1.5.2013 Shri Imtiyaz Hussain, Advocate for the applicant. Shri Punit Shroti, PL for the State. Heard finally. This revision petition has been filed by the applicant under Section 397/401 of the Cr.P.C.being aggrieved by judgment dated 9.1.2013 passed by Fifth Additional Sessions Judge, Bhopal in Criminal Appeal No.197/2012 affirming the conviction and sentence recorded by JMFC, Bairasiya, District Bhopal vide order dated 1.2.2012 passed in R.T.No.666/1995 whereby the applicant has been convicted under Section 420, 471 of the IPC and sentenced to R.I.for 2 years and fine of Rs.3000/- for each of the offence, with default stipulation. Learned counsel for the applicant has submitted that he does not want to press the conviction recorded by the Courts below. However, the incident had taken place in the year 1995, 17-18 years have elapsed by now, the applicant has suffered the jail sentence of about 4 months. Counsel has placed reliance on a decision of Apex C...
Vijay Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-01-2013
Cr. Rev. No. 507/2013 01.05.2013 Shri A.D. Mishra, counsel for the applicants. Shri Akhilendra Kumar Singh, Government Advocate for the State. Heard on IA No. 8593/2013, an application for return of original affidavits filed in the case. Considering the averments made in the application, the same is allowed. Office is directed to return the original affidavits of prosecutrix Ramshree and applicant Vijay Singh after retaining the photo copy of same in the petition. This Criminal Revision under Section 397/401 of Code of Criminal Procedure has been preferred by the applicants being aggrieved by order dated 8.3.2013 passed by 6th Additional Sessions Judge, Sagar in S.T. No. 14/2011 whereby the charge under Sections 450, 366, 506B, 376(2)(g) of IPC has been framed against applicant No.1, Vijay Singh, charge under Sections 376(1)/107, 368 of IPC has been framed against applicant no.2, Devisingh and charge un...
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