Madhya Pradesh Court July 2013 Judgments
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Kashim Bux Vs. Mubarak Ali
Court: Madhya Pradesh
Decided on: Jul-29-2013
1 Writ Petition No.310 of 2009 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava Writ Petition No.310 of 2009 PETITIONER: Kashim Bux S/o Safi Mohd Alias Durjan R/o Singhpur Tahsil Sohagpur District Shahdol Versus RESPONDENTS:1. Mubarak Ali S/o late Ramjan R/o Village Singhpur Tahsil Sohagpur Police Station and District Shahdol (M.P.) 2. Revenue Board of M.P. Gwalior 3. Collector, Shahdol 4. Sub Divisional Officer (Revenue), Sohagpur District Shahdol _________________________________________________ Shri D.N.Shukla, learned counsel for the petitioner. Shri A.Usmani, learned counsel for the respondent No.1. Shri Sudesh Verma, learned Government Advocate for the respondents/State. ORDER (29.07.2013) This petition under Article 227 of the Constitution of India has been filed against the order Annexure P/3 dated 14/11/2008 passed by the Board of Revenue in Revision 2 Writ Petition No.310 of 2009 No.78-Teen/1999 whereby the order of the Sub Divisional O...
Abdul Khalik Qureshi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-29-2013
W.P.No.7748/2012 Abdul Khalik Qureshi & Ors. vs. State of M.P. & ORS.1 29.07.2013 Heard Shri Brijesh Dubey, learned counsel for the petitioneRs.on the question of admission. The petitioneRs.who are Guest TeacheRs.have filed this petition being aggrieved by notification dated 1.8.2010 and are also claiming regularization. The learned counsel for the petitioneRs.however, submits that the petitioners wants to be regularized on the post of contract teachers and for this purpose the petitioners have filed a representation, Annexure P-4, before the respondent/State which is pending consideration. It is submitted that the petition be disposed of by directing the authorities to consider the same. Having heard the learned counsel for the petitioneRs.it is observed that as the petitioners have already approached the respondent authorities for mitigation of their grievance, I find no reason to entertain the present petition. The prayer of the learned counsel for the petitioner is, accordingly, a...
Smt. Ishani Banerjee Vs. Siddartha Banerjee
Court: Madhya Pradesh
Decided on: Jul-29-2013
Criminal Revision No.2005/2011 29.07.2013 Shri S.Chakravarty, Advocate for the applicant. Shri J.K.Verma, Advocate for the respondent. Learned counsel for the respondent submits that by order dated 6.8.2012 an application filed by respondent under section 126 of Cr.P.C.for restoration of the case which proceeded exparte, has been allowed and the order dated 28.5.2011 has been set aside. MJ.No.184/2010 has been restored, therefore, this revision filed by applicant has become infructuous. Learned counsel for the applicant after going through the certified copy of the order dated 6.8.2012 has agreed to the above proposition. In view of the above circumstances, learned counsel for the applicant submits that this revision has become infructuous, therefore, he does not want to press this revision. Accordingly, this revision is dismissed as not pressed. (Rakesh Saksena) Judge b...
Roop Narayan Goswami Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-29-2013
1 W.P. No. 12995 Of 2013 29.7.2013 Shri AdaRs. Muni Trivedi, learned Senior Counsel with Shri S.K. Mishra, Advocate. Heard. Order dated 26.6.2013 passed by Collector, District Sagar, is being assailed vide this petition. By impugned order while entertaining a complaint of withdrawing Rupees Thirty Five Thousand in the name of one Meerabai W/o Narayan Saur Adiwasi and one resident of Gram Panchayat, Basauna, Tahsil Shahgarh, district Sagar, Collector besides directing the recovery of Rs.35,000/ each from the petitioners, Sarpanch and Secretary Gram Panchayat Basauna has directed for lodging an F.I.R.The order is being challenged on the ground that it is beyond the jurisdiction of Collector to entertain an appeal against the resolution passed by the Gram Sabha. It is urged that clause (f) of subsection (1) of Section 7 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, ...
Chandramani Mishra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-29-2013
W.P.No.12796/2013 (Chandramani Mishra versus State of MP and otheRs.29.07.2013 Heard Shri Sanjay K. Agrawal, learned counsel for the petitioner and Shri R.K.Kesharwani, learned counsel for the caveator on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 11.07.2013 by which while imposing the penalty of stoppage of two increments non-cumulatively, the authority has denied the petitioner full salary during the period of suspension and has transferred the petitioner from Gangev District Rewa to District Hospital Singrouli. It is submitted by the learned counsel for the petitioner that while, admittedly the petitioner has a remedy of appeal against the impugned order he has assailed the same in the present petition before this court on account of the fact that the authority while passing order of punishment under the rules has also imposed punishment of transfer which is not permissible under the rules and therefore, the im...
Kamal Kori and anr. Vs. Mohanlal and ors.
Court: Madhya Pradesh
Decided on: Jul-29-2013
Second Appeal No.579/1999 29.07.2013 Mr. B.P. Sharma, learned counsel for the appellants. Heard on the question of admission.2. This appeal is filed by the plaintiffs, who have lost in both the Courts.3. The plaintiffs' have filed a suit inter-alia on the ground that the plaintiffs' father have purchased the suit house vide registered sale-deed dated 09.10.1935. However, in September, 1988 defendants asserted their title in respect of part of house. Accordingly, the plaintiffs' filed the suit seeking relief of declaration and permanent injunction. The defendants filed the written statement, in which inter-alia it was pleaded that the entire suit house was not sold, only a portion of the suit house 37 sq. mts was sold to the defendants. In respect of the remaining portion Late Bhadai has executed a Will in favour of defendants and his brother Hiralal. The trial Court vide judgment and decree dated 13.1.1998 dismissed the suit. The decree has been affirmed in appeal.4. Learned counsel fo...
Kallu @ Sanjay Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-29-2013
Criminal Revision No.1386/2008 29/07/2013 Shri Ramakant Patel, counsel for the applicant. Dr. Anjali Gyanani, Panel Lawyer, for the State. Since applicant was not appearing before this Court, a perpetual non-bailable warrant was issued against him. In compliance of the said warrant, report dated 4.4.2013 has been filed by Police Outpost Ganj, Police Station Batul informing that applicant Kallu @ Sanjay, son of Ramdulare Mishra has died on 27.6.2012. In support of the said report, a Panchnama drawn by Police Constable Ashok Tiwari and also a photocopy of death certificate issued by Medical College and Hospital Nagpur dated 27.6.2013 have been filed. On perusal of the aforesaid documents, I am satisfied that the applicant Kallu @ Sanjay has died. As such this revision stands abated. Accordingly, this revision is disposed of as abated. (Rakesh Saksena) Judge shukla...
RamadhIn Kalar and anr. Vs. Smt.Durghatiya and ors.
Court: Madhya Pradesh
Decided on: Jul-29-2013
Second Appeal No.880/2005 29.07.2013 Mr.Vivek Shukla, learned counsel for the appellants. Let records of the Courts below be sent for. Registry is directed to issue requisition for records within a week. Heard on I.A.No.8363/2010, an application for condonation of delay. For the reasons stated in the application, I find that sufficient cause for delay in filing an application under Order 22 Rule 9 of the Code Civil Procedure is made out. Accordingly, delay in filing the application is condoned and I.A.No.8363/2010 is allowed. Also heard on I.A.No.8362/2010 and I.A.No.8361/2010. On due consideration, I.A.No.8362/2010 and I.A.No.8361/2010 are allowed. Abatement of appeal is set aside. Let necessary corrections be carried out in the cause title within a period of 10 days. Heard on I.A.No.8364/2010, an application for deleting the name of respondent No.4. On due consideration, same is allowed. The effect of deletion of name of the respondent No.4 shall be considered at the time of admissio...
Smt. Sapna Kushwaha Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2013
M.Cr.C.No.8609/2013 26/07/2013 Shri Anup Saxena, counsel for the petitioner. Shri Umesh Pandey, Government Advocate, for the State. Heard. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure challenging the order dated 13.6.2013 passed by Sessions Judge Tikamgarh in Sessions Trial No.115/2012 summoning her as an accused on the basis of application under Section 319 Cr.P.C.for prosecution. Other accused are facing trial under Section 363, 366 and 376 IPC for kidnapping prosecutrix (PW-4) on 31.5.2010. Initially the name of the petitioner was not mentioned by the prosecutrix in her statement recorded under Section 161 Cr.P.C., but, when she appeared as a witness in the court, she stated that petitioner administered her some stupefying material because of which she became unconscious and thereafter she was kidnapped. Learned counsel for the petitioner submits that since it is an omission in the earlier statement of prosecutrix, therefore, merely on the b...
Suresh Kumar Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jul-26-2013
Criminal Appeal No.528/1998. HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Appeal No.528/1998 Appellant : Suresh Kumar, S/o Mole Lal Sahu, aged 27 years, R/o Pondi, P.S. Mohgaon, Tehsil & District- Mandla (M.P.) Vs. Respondent : The State of Madhya Pradesh Present: Hon. Shri Justice B.D.Rathi For appellant : Shri Surendra Singh, Senior Advocate with Shri R.K. Shukla, Advocate. For the respondent : Shri Amit Pandey, Panel Lawyer JUDGMENT ( 26 /7/13) The appellant has been convicted under Sections 450, 376 & 323 of the IPC and sentenced to undergo R.I. For 5, 7 and 1 years respectively with fine stipulation. The impugned judgment dated 29/1/1998 was passed by I Additional Sessions Judge, Mandla in Sessions Trial No.103/97.2. According to the prosecution case, on 15/04/1997 the prosecutrix, aged about 29 years was sleeping inside her house with her son, aged about 6 years. Her husband had gone to a temple. The appellant entered in the house and forcible committed rape upon her. As she...
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