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Madhya Pradesh Court June 2013 Judgments

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Jun 20 2013

Amit Kumar Vs. Shri Prashant Mehta

Court: Madhya Pradesh

Decided on: Jun-20-2013

1 Conc. No. 478 Of 2009 20.6.2013 None for the parties. Perused the record. W.P. No. 12117/2007 at the instance of petitioner was disposed of on 18.6.2008 with a direction to the respondents to settle the retiral dues in favour of the petitioner on the basis of succession certificate produced by him. Complaining disobedience of said order petitioner has filed this petition for taking action against the respondents. On being noticed respondents have filed return wherein it is stated that claim in lieu of Group Insurance Scheme, Final payment of Departmental Provident Fund, Leave encashment and Death cum Retirement Gratuity to the tune of Rs.2,50,000/, Rs.87,118/, Rs.40,079/ and Rs.37,550/ respectively have been settled in favour of petitioner vide Cheque Nos. 160764, 160765, 160766 and 160767 dated 29.7.2009. It is further stated vide I.A. No. 7266/2009 that interest in lieu of de...


Jun 20 2013

Neta @ Rajendra Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jun-20-2013

1 Cr.A.No.80/2007 HIGH COURT OF MADHYA PRADESH:JABALPUR SINGLE BENCH PRESENT: HON'BLE SHRI JUSTICE RAKESH SAKSENA CRIMINAL APPEAL No.80/2007 Neta alias Rajendra,S/o Vishal Dwivedi aged about 23 years, R/o Gram Manuriya, P.S. Chandla, District Chhatarpur (M.P.) .........Appellant Versus State of Madhya Pradesh through P.S. Chandla, District Chhatarpur (M.P.) ......Respondent -------------------------------------------------------------------------------------------------- For the appellant: Shri Mahendra Pateriya, Advocate. For the respondent: Shri Amit Pandey, Panel Lawyer. -------------------------------------------------------------------------------------------------- ******* JUDGMENT (20.06.2013) Appellant has filed this appeal against the judgment dated 28th November, 2006 passed by Sessions Judge, Chhatarpur in Sessions Trial No.114/2005 convicting him under section 307 of the Indian Penal Code and section 25(1B)(a) and 27 of the Arms Act and sentencing him to rigorous imprisonme...


Jun 20 2013

Girdhari Vs. Smt. Neelam Devi

Court: Madhya Pradesh

Decided on: Jun-20-2013

Writ Petition No.9413/2013 20.06.2013 Shri G.S.Ahulwalia, learned counsel for the petitioner. He is heard on the question of admission. The petitioner has filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 1.4.2013 passed by the Additional District Judge, Maihar, district Satna in Civil Miscellaneous Appeal No.11/13 affirming the order dated 8.2.2012, passed by Civil Judge, Class-II, Maihar, in Co.No.42-A/11 allowing application of respondent- plaintiff filed under Order 39, Rules 1 and 2 of CPC in part and restraining the petitioner to carry out further construction over the disputed land/plot. In the couRs.of arguments on admission, in the available circumstances of the matter on making certain query from the counsel, on which instead to argue further he seeks permission to withdraw this petition with liberty to file an appropriate application before the trial court under Order 39, Rule 4 of the CPC or in some other proceeding permis...


Jun 20 2013

Smt. Savitri Panicka Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jun-20-2013

W.P.No.14597/2012. 20.6.2013. Shri Praveen Dubey, learned counsel for petitioner. Ms.Vandana Shrivastava, learned counsel for respondent nos.1 to 3. None for the respondent no.4. Shri Brahmendra Pathak, learned counsel for respondent no.5. With consent of the parties, matter is heard finally. Order-dated 21.8.2012 passed by the Prescribed Officer, Sidhi is being assailed vide this petition. Vide impugned order, the election of the petitioner as President, Janpad Panchayat, Kusmi, Distt. Sidhi has been set aside. The seat of President, Janpad Panchayat, Kusmi being reserved for Scheduled Tribe, the petitioner contested the same and declared elected on 21.2.2010. The election of the petitioner was challenged by respondent no.5 vide election petition under Section 122 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 and the rules made thereunder viz. M.P.Panchayats (Election Petition, Corrupt Practices and Disqualification for Membership) Rules, 1995, filed on 15.3.201...


Jun 20 2013

Ramadhar Vs. the State of M.P. and anr.

Court: Madhya Pradesh

Decided on: Jun-20-2013

HIGH COURT OF MADHYA PRADESH AT JABALPUR SINGLE BENCH PRESENT : HON'BLE SHRI JUSTICE N. K. GUPTA FIRST APPEAL NO.232/1996 Ramadhar -VERSUS- State of Madhya Pradesh and another ................................................................................................. None for the appellant. Shri Santosh Yadav, Panel Lawyer for the respondents. .................................................................................................... ORDER (Delivered on the 20th day of June, 2013) The appellant has preferred the appeal against the judgment and decree dated 11.1.1996 passed by the learned IInd Additional District Judge, Sidhi in Civil Suit No.6-B of 1993 whereby the suit filed by the appellant was dismissed with costs.2. The appellant/plaintiff has moved a civil suit before the trial Court that he participated in the auction of some timber and he deposited a sum of Rs.20,650/- in the office of respondent no.2. Confirmation of auction was to be received from Conservator of...


Jun 20 2013

Awdhesh Kumar Yadav Vs. Dr. Harisingh Gour Vishwavidyalay Sagar

Court: Madhya Pradesh

Decided on: Jun-20-2013

1 W.P.No.7795/12 20/06/13 Smt. Jamna Yadav, learned counsel for the petitioner. Smt. Shobha Menon, learned Sr.Counsel with Shri C.A.Thomas, learned counsel for the respondent/university. In pursuance to the order passed by this Court on 30th April, 2013, the original answer-sheet of the petitioner in the subject of Teacher in Emerging Indian Society. along with reports of the revaluers have been produced. We have perused the same. Petitioner was a student who was prosecuting his studies for a CouRs.in Bachelor of Education in Post-Graduate College, Panna. He appeared in the B.Ed. Examination conducted in the year 2011 with Roll No.1044643 and according to him in the subject of Teacher in Emerging Indian Society. he has only received 22 marks. It is indicated in the writ petition that petitioner is a brilliant student, has an outstanding academic career, has received FiRs.Class marks in the High School and Higher Secondary School Certificate examinations. By pointing out that the answer...


Jun 20 2013

Ram Swaroop Masram Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jun-20-2013

1 W.P. No. 3690 Of 2011 20.6.2013 Shri P.K. Mishra, learned counsel for the petitioner. None for the respondent Nos. 1 to 22. Shri Vivek Agrawal, learned Government Advocate for respondent No. 23. Challenge is to an order dated 29.12.2010, whereby, the Sub Divisional Officer and Prescribed Officer, Gunnour dismissed the election petition under Section 122 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam 1993 on the ground of delay. Election for Sarpanch Gram Panchayat Khathwariya, Block Gunnour, Tahsil GunNo. district Panna was held on 3.2.2010; wherein, respondent No. 1 was declared elected. Aggrieved whereby, petitioner filed an election petition on 5.3.2010 before the Prescribed Officer, Gunnor, Panna under Section 122 of 1993 Adhiniyam. Wherein the objection raised by respondent No. 1 being barred by time found favour resulting in rejection of the ...


Jun 20 2013

Anil @ Anju Malhotra Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jun-20-2013

1 Writ Petition No.4083/2013. 20.6.2013 . Shri Abhishake Goswami, learned counsel for the Petitioner. Smt. Sharda Dubey, learned P.L.for the respondents. Heard on the question of admission. Petitioner has filed this petition under Article 226 of the Constitution of India, (same appears to be under Article 227 of Constitution of India).being aggrieved by the Order dated 27.2.2013 (Ann.P6).passed by the Commissioner Bhopal Division in Case No.283/Appeal/2011-12, whereby the order dated 14.9.2012 passed by S.D.O. and Competent Authority (Nazul).Bairagarh, Circle Bhopal in case No.324-B/121/2011-12 (Ann. P.3).dismissing the objection of the petitioner and his family members namely Smt. Sunder Bai and Smt. Maya the direction to vacate the impugned Govt. residential quarters situated in the premises of Civil Hospital, Bairagarh, Bhopal and hand over the possession of the same to the Superintendent of such Civil Hospital within three days, failing which the same be taken with force on their c...


Jun 20 2013

Dr.Arun Mishra Vs. Smt. Priyanka Shukla

Court: Madhya Pradesh

Decided on: Jun-20-2013

1 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR FIRST APPEAL NO.77/2010 DR. ARUN MISHRA VS. SMT. PRIYANKA SHUKLA Present: Honble Shri Rajendra Menon, J.& Hon'ble Shri Anil Sharma, J.Shri G. P. Singh, learned counsel for the appellant. None for the respondent wife even though served. Thereafter for hearing on two occasions SPC was also issued to the respondent. Inspite thereof, she is not appearing. _________________________________________________ JUDGMENT ( 2062013 ) Record indicates that even in Court below where the proceedings were held under Section 13 of the Hindu Marriage Act, respondent-wife remained ex-parte.2. This appeal has been filed under Section 19 of the Family Court Act and challenge in this appeal is made to 2 a judgment and decree dated 24.12.2009 passed by the First Additional Principal Judge, Family Court, Jabalpur in Civil Suit No.14-A/2009 by which an application filed by the appellant for dissolution of the marriage under Section 13 of the Hindu Marr...


Jun 20 2013

Roshan Lal Vs. Arjun

Court: Madhya Pradesh

Decided on: Jun-20-2013

Writ Petition No.10407/2013 20.06.2013 Shri Sanjay Verma, learned counsel for the petitioner. Shri Lalit Joglekar, learned PL for respondent Nos.3 and 4. Heard on the question of admission. The petitioner has filed this petition under Article 226 of the Constitution of India for quashment of the order dated 23.5.2013, passed by the respondent no.4-SDO in some revenue case whereby on account of not compliance of some order passed under Section 250 (b) of M.P.Land Revenue Code, he has been directed to send civil jail and on passing such an order, the petitioner present in the court has left the court without permission of the Presiding Officer, on which his warrant of arrest has been directed. After arguing the case for near about 10-15 minutes in response of some query of the court instead to argue further, the petitioner's counsel seeks permission to withdraw this petition with liberty to file a revision under the aforesaid Code or in any other appropriate proceeding, permissible under...


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