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Madhya Pradesh Court July 2013 Judgments

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Jul 25 2013

Kundan Lal Tiwari Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-25-2013

W.P.No.11929/2013 (K.L.Tiwari versus State of MP and otheRs.25.07.2013 Heard Shri K.K.Agnihotri, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 06.06.2013 by which he has been suspended on account of registration of forest offence against him. Prima facie the order appears to be justified, however, after arguing at length, the learned counsel for the petitioner prays for and is permitted to withdraw this petition with liberty to assail the impugned order before the appellate authority. With the aforesaid liberty, the petition filed by the petitioner stands disposed of as withdrawn. (R.S.Jha) Judge msp...


Jul 25 2013

Digvijay Singh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-25-2013

W.P.No.11945/2013 (Digvijay Singh versus State of MP and otheRs.25.07.2013 Heard Shri Rajendra Pandey, learned counsel for the petitioner on the question of admission. The petitioner has filed this petition being aggrieved by order dated 19.02.2013 passed by the respondent No.3 whereby application filed by the petitioner for compassionate appointment has been rejected. It is stated by the learned counsel for the petitioner that petitioner's father died on 20.10.2012 while working as Panchayat Secretary and thereafter the petitioner filed an application for compassionate appointment on 01.11.2012 and 31.12.2012 which has been rejected pursuant to the directions issued by this court in W.P.No.1080/13 dated 23.01.2013, by impugned order dated 19.02.2013. It is stated by the learned counsel for the petitioner that the respondents/authorities have wrongly rejected the claim of the petitioner on the ground that there is no provision for making compassionate appointment in respect of the Secr...


Jul 25 2013

Chhotelal Pal Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-25-2013

W.P.No.11970/2013 (Chhotelal Pal versus State of MP and otheRs.25.07.2013 Shri Praveen Pandey learned counsel for the petitioner prays for and is permitted to withdraw this petition with liberty to take up proceedings in accordance with law for mitigation of his grievance. It is observed that in case the petitioner takes up proceedings in accordance with law within 15 days from today the same shall not be dismissed only on the ground of limitation and shall be considered and decided on merits in accordance with law. With the aforesaid liberty/observations, the petition filed by the petitioner stands disposed of as withdrawn. C.C.as per rules. (R.S.Jha) Judge msp...


Jul 25 2013

Smt.Saya Bai Vs. Nathoo Rao Saratker

Court: Madhya Pradesh

Decided on: Jul-25-2013

F.A.No.288/1999 25/7/2013: Shri A.K.Chakravarthy, learned counsel for the appellant. None for the respondent. Challenge in this appeal under Section 28 of the Hindu Marriage Act, 1955, is made to decree for dissolution of marriage dated 19.3.99 granted by the District Judge, Raisen in Civil Suit No.5-A/97. Parties herein were married according to the relevant custom on 23.5.87. On the ground of cruelty and desertion and by contending that appellant wife is staying separately since February 1988, the suit in question was filed in the year 1997 and the suit having been decreed at the instance of respondent- husband, appellant - wife has filed this appeal. Learned counsel for the appellant emphasized that finding of desertion recorded by the Trial Court is not correct. In fact, the respondent- husband Nathoorao was demanding dowry and because of harassment of the respondent and his family membeRs.wife was living separately and it is not acase of desertion. Accordingly, he submits that fin...


Jul 25 2013

Mohd. Sikandar Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-25-2013

Criminal Revision No.1917/2012 25.07.2013 Shri Manish Tiwari, Advocate for the applicant. Shri Ashok Chaurasiya, Govt. Advocate for the State. Heard. This revision has been filed by applicant/accused Mohd. Sikandar against the order dated 18.7.2012 passed by Special Judge (N.D.P.S.) Act, Katni in Special Case No.20/2011, rejecting his application for delivery of the Hero Honda Motorcycle on supurdgi. Learned counsel for the applicant submits that on 7.12.2011, police seized 2 kg. 200 gms of ganja on the Hero Honda Motorcycle carried by applicant. The motorcycle bearing registration not MP-21 MB-5437 was also seized. Applicant applied for its interim custody on the ground that he was the owner in possession of the motorcycle, but his application was rejected on the ground that the aforesaid motorcycle in RTO record stood in the name of Ram Naresh Tiwari. Ram Naresh Tiwari disclosed that he had sold this motorcycle to Sageer Hussain and thereafter, Sageer Hussain sold the same to applica...


Jul 25 2013

Bhagwan Das Patel Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-25-2013

W.P.No.11935/2013 Bhagwan Das Patel vs. State of M.P. & ORS.1 25.07.2013 Heard Shri N.K.Jain, the 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 the petitioner has not been considered for appointment on the post of Samvida Shala Shikshak Grade-3 on the ground that he has got less than 50% marks in the Higher Secondary School Certificate Examination which is a necessary requisite eligibility qualification. Prima Facie it appears that the act of the respondents is in accordance with the rules. However, as several other issues have been raised by the petitioner, without entering into the merits of the case or making any comments upon the entitlement of the petitioner, the petition filed by the petitioner is disposed of with liberty to the petitioner to approach the respondent authorities by filing a representation alongwith a copy of the order passed today and a copy of the petit...


Jul 25 2013

Swapnil Kumar Tamrakar Vs. the President Dental Council of India

Court: Madhya Pradesh

Decided on: Jul-25-2013

Swapnil Kumar Tamrakar versus The President Dental Council of India & ORS.Writ Petition No.13411 25. 07.2013. Shri Shyam Yadav, learned counsel for the petitioneRs.Shri Mohan Sausarkar, learned counsel for respondent No.1. Shri Sanjay Dwivedi, learned Government Advocate for respondent Nos.2 & 3. Shri Ashish Patel, learned counsel for respondent No.4. Shri Siddharth Gupta, learned counsel for respondent No.5. Even though on 19.7.2013 this case was directed to be listed on 9.8.2013, but on a mention made by Shri Siddharth Gupta, learned counsel for respondent No.5 and the urgency indicated, matter was directed to be listed today. Petitioners were students, who had appeared in the Post- Graduate Entrance Examination for admission to the Dentistry (M.D.S.) couRs.which was conducted by the Professional Examination Board in March, 2012 for the Academic Session 2012-2013. Petitioners faired well in examination and against the 6 seats available with respondent No.5 college, petitioners were d...


Jul 25 2013

Seva Sahkari Samiti Maryadit Shahgarh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-25-2013

1 W.P. 6703/2012 HIGH COURT OF MADHYA PRADESH, JABALPUR Single Bench: HON'BLE SHRI JUSTICE A.K. SHRIVASTAVA W.P. No.6703/2012 PETITIONER Seva Sahkari Samiti Maryadit Shahgarh, District Chhattarpur, Through its Manager namely Prakash Kumar Dhatra, son of Shri Bala Prasad Dhatra, R/o Gram- Badagaon, Tahsil Bijawar, District Chhattarpur (M.P.) Versus RESPONDENTS 1 The State of Madhya Pradesh, Through Secretary, Department of Food, Civil Supplies and Consumer Protection Ministry, Vallabh Bhawan, Bhopal, M.P.2. Collector, Chhattarpur, District Chhattarpur (M.P.) 3. Sub Divisional Officer & Allotment Authority, (Revenue) Bijawar, District Chhattapur (M.P.) 4. Gram Van Samiti Badagaon, District Chhattarpur, Through: its Manager, Namely-Shri Charan Sevak Pidha, R/o Village Badagaon, Tahsil Bijawar, District Chhattarpur --------------------------------------------------------------------------------------- Petitioner by - Shri Manot Chaturvedi, Advocate. Respondents no.1 to 3 by Shri Sudesh Ve...


Jul 25 2013

Kailash Vs. the State of M.P.

Court: Madhya Pradesh

Decided on: Jul-25-2013

1 HIGH COURT OF MADHYA PRADESH : JABALPUR SINGLE BENCH : HON. SHRI JUSTICE G.S. SOLANKI Criminal Appeal No.709/1997 Kailash Vs. State of Madhya Pradesh Shri Siddharth Datt, Advocate for the appellant Shri Y.D. Yadav, Panel Lawyer for the State. JUDGMENT (25.07.2013) Appellant has preferred this appeal under Section 374 of Criminal Procedure Code being aggrieved by the judgment dated 19.03.1997 passed by Sessions Judge, Tikamgarh in Special Case No.71/1995, whereby the appellant has been convicted under Section 354 of I.P.C. and sentenced to R.I. for six months with fine of Rs.500/-, in default of payment of fine, simple imprisonment for two months.2. The short case of prosecution is that, on 17.09.1995, at about 10 P.M., prosecutrix (P.W.-1) was alone at her home, her husband was gone to bring beedi and matches, at that time, appellant knocked the door, then she opened the door, appellant/accused entered into the house and told her for surrendering to the appellant and thereafter 2 he ...


Jul 25 2013

Jahar Ahirwar Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-25-2013

W.P.No.12045/2013 Jahar Ahirwar vs. State of M.P. & ORS.1 25.07.2013 Heard Shri Uttam Maheshwari, learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 21.5.2013 passed by the Board of Revenue in Revision No.1630-2/2013 filed by respondent no.4 whereby while allowing the revision the respondent no.4 has been reinstated on the post of Kotwar. It is submitted by the learned counsel for the petitioner that the respondent no.4 on account of several illegalities and misconducts committed by him was terminated from the post of Kotwar of village Vinayak, Tehsil Banda district Sagar against which he had taken up appeal and revision proceedings which have culminated in the impugned order dated 21.5.2013 by which the order of termination has been set aside and he has been reinstated. It is submitted that after termination of the respondent no.4 the petitioner had been appointed in his place as G...


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