Madhya Pradesh Court July 2013 Judgments
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Shahik Qureshi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2013
1 W.P.NO.12785/2013 26.07.2013 Shri Swapnil Ganguly, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Govt. Advocate for respondents No.1 to 3, on advance copy. The petitioner has raised two grievances; one he was attached against the post at Community Health Centre, Silwani, by the order of the competent authority, but the said attachment was regularised vide order dated 4.1.2012. The petitioner was allotted a Govt. quarter at the said place where he is residing with his family and ailing son. However, by the impugned order dated 31.5.2013, the Chief Medical and Health Officer, Raisen, has said that the attachment of the petitioner is removed from the Community Health Centre Silwani and he is posted in Primary Health Centre, Bamhori. At the same time, by the order dated 21.6.2013, the quarter allotted to the petitioner has been allotted to respondent No.4. It is contended that pointing out the defects and irregularities committed in the order of posting, a representatio...
Yogesh Rathore Vs. Principal Secretary the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2013
W.P.No.7809/2009 26/7/2013: Shri Vikas Mahawar, learned counsel for the petitioner. Shri Sanjay Dwivedi, learned Govt. Adv.for the respondents. Petitioner appeared in the Pre Medical Entrance examination test conducted in the year 2001. Petitioner was successful in the same and was allotted a seat in the Government Medical College. However, as a less meritorious candidate was allotted a free seat, petitioner had to deposit fees in excess of his category and requirement. Thereafter, the petitioner claimed refund of fee but when the same was not done, he approached this Court and filed this writ petition. Petition is pending since 2009 and till date no reply has been filed. However, petitioner brings to the notice of this Court orders passed in various cases, one such order is filed as Annexure P/3 passed in W.P.No.69/2008 - Mayank Jain versus State of M.P.& Others dated 17.2.2009 wherein identical question was considered and based on the merit of the candidate, it was directed that when...
Shiv Mishra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2013
W.P.No.12680 / 2013 (Dr. Abha Verma ..Vs..State of MP & otheRs.26-07-2013 Shri V.K.Shukla, learned counsel for the petitioner. Shri Akash Chaudhary, learned panel lawyer for the State/respondents. Heard on the question of admission. The petitioner has filed this petition being aggrieved by the order of her deployment dated 17-7-2013 from Government Model Science College, Rewa to the Government Naveen College, Semariya. It is submitted by the learned counsel for the petitioner that the petitioner is 61 years of age and has already undergone major spinal surgery twice on account of which it is practically not possible for the petitioner to travel for 50 KMs.in a bus and also in the absence of any suitable affordable accommodation it would be impossible for the petitioner to perform her duties at Semariya. It is stated that the impugned order is not one of the transfer but is an order of deployment by which the teachers are posted on rotation to newly opened colleges for a period of two m...
Madan Murari Prajapti Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2013
W.P.No.12017/2013 (M.M.Prajapati versus State of MP and otheRs.26.07.2013 Shri Gopi Chourasiya, learned counsel for the petitioner. Shri S.M.Lal, learned G.A.for the State and Shri K.S.Wadhwa, learned counsel for respondents/ M.P.P.S.C on advance copy. Having heard the learned counsel for the parties, it is observed that a Division Bench of this court in W.A.No.636/13 on 17.07.2013, in similar petitions, has issued the following orders:- (I) The appellants to furnish all their documents duly attested in the office of respondent No.1 within a period of two weeks from today. (II) On furnishing such documents, respondent No.1 will examine the documents and if the appellants are eligible for the interview, the respondents shall permit the appellants to participate in the interview process which is at present going on. In view of the aforesaid the present petition is also disposed of in the light of W.A.No.636/13 decided on 17.07.2013 in similar terms and for the same reasons as stated ther...
Smt. Bhagwati Bai Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2013
Cr.A.No.1784/2012 26.7.13 As per B.D.Rathi,J Shri B.R.Koshta, Advocate for the appellant. Shri S.K.Kashyap, Government Advocate for the respondent no.1-State. Heard on admission. This appeal has been preferred under Section 372 of the Code of Criminal Procedure (hereinafter referred to as the Code.) being aggrieved with the judgment dated 4/7/12 passed by Sessions Judge, Narsinghpur in Sessions Trial No.129/2011, whereby respondent nos.2 and 3 have been acquitted of the offences punishable under Sections 302/34 in alternative Sections 302 and 201 of the Indian Penal Code (IPC. for short).Prosecution case, in brief, is that on 31/1/2011, Santosh Kumar Patel, Railway Porter, by way of Morgue No.11/2011, informed at Police Station Narsinghpur that between Kareli and Narsinghpur, on the 895/0 Uptrack No.274, dead body of a person aged about 35 years was lying. During investigation, the dead body was identified to be that of Bharat Lodhi and it surfaced that 1 months prior to the date of in...
The State of Madhya Pradesh Vs. Devendra Rathore @ Kallu
Court: Madhya Pradesh
Decided on: Jul-26-2013
Misc. Criminal Case No.9636/2013 26.7.13 As per B.D.Rathi,J Shri Yogesh Dhande, Government Advocate for the applicant-State. Heard on admission. This is an application for grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure (Code. for short) against acquittal of the respondent of the offences under Sections 363, 366A, 376(2) of the Indian Penal Code (for short the IPC.) and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act.).The impugned judgment dated 16/5/2013 was passed by Special Judge (under the Act) at Sehore in Special Case No.39/2013. As per the prosecution story, on 6/3/13, complainant Laxman lodged a missing report no.13/2013 at Police Station Ashta regarding his daughter viz. the prosecutrix, aged about 14 years belonging to scheduled caste. During investigation and interrogation of the prosecutrix, she divulged that Kalla alias Devendra Rathore, on a promise to marry, took her...
Omkar Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2013
W.P.No.12695/2013 Omkar Singh vs. State of M.P. & ORS.1 26.07.2013 Heard Shri Y.M.Tiwari, learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 12.7.2013 by which he has been transferred as Panchayat Secretary from Gram Panchayat Karra to Gram Panchayat Paipakhra in Janpad Panchayat Ramnagar, District Satna. It is submitted that the impugned order is contrary to Clause 4 of the transfer policy which provides for transferring a Panchayat Secretary to an adjacent Gram Panchayat. A Division Bench of this Court in the case of R.S.Chaudhary versus State of M.P.and OtheRs.ILR [2007].MP 132.has already held that in case transfer is alleged to be contrary to the policy, the appropriate remedy of the petitioner is to approach the authority themselves by filing a representation. In view of the aforesaid, the petition filed by the petitioner is disposed of with a direction to the effect that in c...
Yashpal Mehra Vs. Secretary
Court: Madhya Pradesh
Decided on: Jul-26-2013
W.P.No.11324/2013 (Yashpal Mehra versus State of MP and otheRs.26.07.2013 Shri V.K.Dubey, learned counsel for the petitioner. Shri S.M.Lal, learned G.A.for the State and Shri K.S.Wadhwa, learned counsel for respondents/ M.P.P.S.C on advance copy. Having heard the learned counsel for the parties, it is observed that a Division Bench of this court in W.A.No.636/13 on 17.07.2013, in similar petitions, has issued the following orders:- (I) The appellants to furnish all their documents duly attested in the office of respondent No.1 within a period of two weeks from today. (II) On furnishing such documents, respondent No.1 will examine the documents and if the appellants are eligible for the interview, the respondents shall permit the appellants to participate in the interview process which is at present going on. In view of the aforesaid the present petition is also disposed of in the light of W.A.No.636/13 decided on 17.07.2013 in similar terms and for the same reasons as stated therein, w...
Rubi Swa Sahayta Samuh Barka Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-26-2013
1 WA No.459/13 26.07.2013. Shri P.Bhatnagar, learned counsel for appellant. Shri Kumaresh Pathak, learned Deputy AG for respondent no.1 to 4. Shri Rajesh Dubey, learned counsel for respondent no.5. This appeal is directed against an Order dated 16.04.13 passed in WP No.6503/13 by which the writ petition preferred by the appellant, against the cancellation of the contract of the appellant for supplying the mid-day meal was cancelled, was dismissed. The learned Single Judge has considered the matter and found that inspection was carried out in respect of the food which was cooked/prepared and served by the appellant in which several insects were found in rice. At the time of inspection, this fact also revealed that since last so many days, same food was served by the appellant to the children and there were complaints of the children and teachers,in respect of the quality of the food which contained insects also. On the basis of enquiry report, the contract of the appellant was cancelled...
Premlal @ Dadu and anr. Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Jul-26-2013
Criminal Appeal No.530/1998. HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Appeal No.530/1998 Appellants :1. Premlal alias Dadu, son of Ram prasad Choudhary, aged 30 years, resident of Poli Pathar, Jabalpur. 2 Premlal, son of Jageshwar Choudhary, aged 42 years, resident of Poli Pathar, Jabalpur. 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 appellants have been convicted under Section 306 of the IPC and sentenced to undergo R.I. for 5 years with fine stipulation, though they were acquitted of the offence under Section 302 of the Indian Penal Code (for short IPC.). The impugned judgment dated 27/2/1998 was passed by VIII Additional Sessions Judge, Jabalpur, in Sessions Trial No.444/96. Appellants are respectively brother and relative of Sonelal (since deceased).2. According to the prosec...
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