Madhya Pradesh Court June 2013 Judgments
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Mangal Prasad Agrahari Vs. Municipal Corporation Singrauli
Court: Madhya Pradesh
Decided on: Jun-26-2013
W.A. No.542/2013 1 Mangal Prasad Agrahari & another vs Municipal Corporation Singrauli and others 26/06/2013: Shri N.S. Ruprah, Advocate for the appellants. This appeal is directed against an order dated 12.02.2013 passed in Writ Petition No.4629/2000, by which, the writ petition preferred by the appellants was dismissed.2. The contention of the appellants before the writ Court was that the premium, as has been fixed by the registered agreement dated 03.04.2000, was contrary to the advertisement dated 19.12.1996 issued by the respondents and as per the aforesaid advertisement, the lease rent was only 2%. The advertisement was issued by the Town Improvement Authority, but in the registered agreement it was mentioned as 7.5% and a total amount Rs.1,05,000/- per annum was written in the agreement, which was contrary to the advertisement.3. Learned Single Judge has considered this aspect and recorded a finding that the agreement was entered into between the appellants and the Municipal Cor...
Yadunath Yadav Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jun-26-2013
W.P.No.10467/2013 Yadunath Yadav vs. State of M.P. & ORS.1 26.06.2013 Heard Shri K.K.Kushwaha learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by the fact that his application seeking compassionate appointment on the death of the petitioner's father while in service as a Forest Guard on 13.8.2008 has not been decided till date. Looking to the limited prayer made by the learned counsel for the petitioner, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a copy of the order passed today alongwith a copy of the petition before the respondent authorities within fifteen days from today, the concerned authority shall consider and decide the representation filed by the petitioner for compassionate appointment, expeditiously in accordance with law, preferably within a period of three months thereafter. With the aforesaid direction, the...
Union of India Vs. Mohanlal Malik
Court: Madhya Pradesh
Decided on: Jun-26-2013
MCC No.739/2013 26/6/2013: Shri Rakesh Pandey, learned counsel for the applicant. Shri Atul Choudhary, learned counsel for the respondents. This application has been filed for restoration of W.P.No.2451/2005. Having heard Shri Rakesh Pandey, learned counsel for the applicant and Shri Atul Choudhary, learned counsel for respondents and taking note of the reasons indicated in the application and finding the same to be bonafide, this application is allowed. Writ petition is restored to its original number. W.P.No.2451/2005 be listed for orders day after tomorrow (28/6/2013) as learned counsel for the petitioner wants to withdraw the said writ petition. Accordingly, this application stands allowed and disposed of. (Rajendra Menon) (M.A.Siddiqui) Judge Judge mrs.mishra...
Mohar Singh Sikarwar @ Uday Vs. Smt. Ambita (Amita) @ Rachna Singh
Court: Madhya Pradesh
Decided on: Jun-26-2013
MCC No.696/2013 21.6.2013 Shri Sunil Pandey, counsel for the applicant. Heard on admission. At present, a proceeding under section 9 of the Hindu Marriage Act is pending before the Family Court, Tikamgarh. The applicant has moved an application to transfer the case to District Court, Morena. After considering the submissions made by the learned counsel for the applicant, it would be apparent that he wants to get case transferred on his own convenience. In such matrimonial cases, convenience of the respondent wife is to be considered. It is submitted by the applicant that at present, the respondent is also transferred to Morena. However, case is to be filed according to the jurisdiction of the Court initially and thereafter, it can be transferred to another Court, if it is convenient to both the parties. Since the application is filed by the applicant husband, it appears that it is not convenient to the wife to get the case transferred from Tikamgarh to Morena. Under such circumstances,...
Badri Prasad Tiwari Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jun-26-2013
W.P.No.10375/2013 (Badri Prasad Tiwari..Vs..State of M.P.& otheRs.26-06-2013 Heard Shri A.P.Singh, learned counsel appearing for the petitioner on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by the order dated 10-6-2013 by which the respondent/authorities have repatriated the petitioner to his parent department and posted him where he was posted before being sent on deputation to the School Education Department i.e.as Lecturer, Government Higher Secondary School Nigwani, District Anuppur. It is submitted by the learned counsel appearing for the petitioner that previously the respondent/authorities had themselves given posting to the petitioner as Assistant Director (Administration) in the Scheduled Castes and Scheduled Tribes Development Division, Shahdol. It is submitted that thereafter on 15-4-2013 the petitioner was given posting as Principal of Girls' Higher Secondary School, Old Shahdol and he was working on the said post ti...
Smt.Ranu Bala Saluja Vs. Principal Secretary the State of Madhya Prade ...
Court: Madhya Pradesh
Decided on: Jun-26-2013
W.P.No.4188/2010 (Smt. Renu Bala Saluja versus State of MP and otheRs.26.06.2013 Shri Arun Pandey, learned counsel for the petitioner. Shri S.M.Lal, learned G.A.for the State. Shri B.N.Mishra, learned counsel for the respondent No.3. The petitioner has filed this petition praying for a relief of quashing the selection process initiated by them pursuant to the impugned advertisement dated 19.10.2009 for making appointment on the post of the Contract Computer Operator. The respondents have filed a return and stated that the appointment made pursuant to the impugned advertisement has been cancelled on account of an enquiry and therefore, nothing further survives for adjudication in the present petition. The learned counsel for the respondents submits that in case so required, the respondents/authorities would take up the proceedings for making fresh appointment in accordance with law. In view of the aforesaid, it is apparent that the present petition has been rendered infructuous and the ...
Doma Vs. Saya Bai
Court: Madhya Pradesh
Decided on: Jun-26-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR SINGLE BENCH PRESENT : HON'BLE SHRI JUSTICE N. K. GUPTA CIVIL REVISION NO.95/2009 Doma -VERSUS- Saya Bai and another ................................................................................................. Shri Subodh Kathar, counsel for the appellant. Shri Santosh Jain, counsel for the respondents. .................................................................................................... ORDER (Delivered on the 26th day of June, 2013) The applicant has preferred the present civil revision against the judgment and decree dated 14.2.2006 passed by the Civil Judge, Class II, Bhaisdehi, District Betul in Civil Suit No.3A/2002 whereas the suit under Section 6 of the Specific Relief Act, 1963 filed by the applicant/plaintiff was dismissed.2. In the trial Court the applicant/plaintiff had preferred a civil suit that he had the possession of Survey No.125/2, area 0.425 hectare since last 35-40 years. On 5.11.2001 when he was sowing t...
Langra Through Lr\'s: Kalawati Vs. Buddhi Bai Through Lr's: Dhungsu
Court: Madhya Pradesh
Decided on: Jun-26-2013
S.A.No.477/2013 26.6.2013 Shri Amod Gupta, counsel for the appellants. Heard on admission. It would be proper to peruse the records of both the Courts below before considering the question of admission. Office is directed to call for the records of both the Courts below and place before this Court on the next date of hearing. Also, heard on I.A.No.6167/2013, an application under Order XXXIX Rule 1 and 2 of CPC. For consideration of this application, the learned counsel for the appellants prays for sometime to file the copy of the order passed by the trial Court relating to temporary injunction. Also, heard on I.A.No.6889/2013, an application for amendment in the memo of appeal. Application is allowed. Proposed amendments be incorporated in the memo of appeal within three days. Case be listed for consideration of I.A.No.6167/ 2013 on 10.7.2013. (N.K.GUPTA) JUDGE Pushpendra...
Ahmed Khan Vs. Dayaram (Since Deceased) Thr- Lrs- Sunil Arya
Court: Madhya Pradesh
Decided on: Jun-26-2013
MCC No.712/2013 26.6.2013 Shri Imtiaz Husain, counsel for the applicants. Shri Ranjit Singh, counsel for the respondent No.1, who has already reported to be dead. Heard the learned counsel for the parties finally. The applicants have filed the fiRs.appeal before this Court. During the pendency of the appeal, the respondent No.1 had expired. Since no application for bringing the LRs of the respondent No.1 was moved within time, the appeal was dismissed being abated. After considering the submissions made by the learned counsel for the parties, it is apparent that the applicants are residents of Bhopal and they had no knowledge about the death of the respondent No.1. When the learned counsel for the respondent No.1 informed about the death of the deceased and the applicant could take any action upon that information, the appeal was dismissed being abated. By considering the grounds raised by the applicants, application under order XXII rule 9 of CPC is hereby allowed. The applicants are ...
Ram Purviya Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jun-26-2013
W.P.No.9579/13(s) (Ram Purviya and others versus State of MP and otheRs.26.06.2013 Heard Shri J. Arya, learned counsel for the petitioners on the question of admission. By filing the present petition the petitioneRs.who are Guruji, submit that their case be disposed of in the light of and in terms of the order passed by a Division Bench of this court in the case of Gopal Chawla and others versus State of MP and others decided on 15.12.2010 in W.A.No.596/10. The aforesaid order has been quoted in the order passed by this court in W.P.No.5660/13(S) decided on 10.04.2013 Annexure P/3. Looking to the fact that the directions in the case of Gopal Chawla appear to be general in nature, the petition is disposed of with liberty to the petitioners to approach the respondents/authorities in terms and in the light of the order passed in the case of Gopal Chawla by filing a representation. With the aforesaid liberty, the petition filed by the petitioners stands disposed of. (R.S.Jha) Judge msp...
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