Madhya Pradesh Court July 2013 Judgments
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Harishankar Yadav Vs. Anoop Shrivastava
Court: Madhya Pradesh
Decided on: Jul-24-2013
-1- C.P.No.518/2012 24.7.2013 Shri V.Yadav, learned counsel for the petitioner. Shri Rajesh Pohankar ,learned counsel for respondents. It is apprised by learned counsel for the parties that against the order passed in W.P.No.4622/1996 (s).a Writ Appeal No.518/2012 has been preferred and since it has been admitted for hearing wherein on 3.7.2013 on I.A.No.6330/2012, following order was passed: The appellant submitted that as this appeal has already been admitted the operation of the impugned order may be stayed because the respondent has initiated proceedings for contempt against the officers of the appellant. The prayer made by the appellant is vehemently opposed by the counsel for the respondent who has submitted that the learned single Judge has recorded a finding that the charges were not proved against the respondent and in spite of this the respondent was punished in respect of one charge but so far as other two charges were concerned, those were not found proved in the matter. It...
Dr. Basant Kumar Sharma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-24-2013
W.P.No.21419/2011 24/07/2013 Smt. Sudha Gautam, learned counsel for the petitioner. Petitioner has filed this writ petition in the year 2011 seeking permission to appear in Pre-P.G.Degree/Diploma, which was to be conducted in the year 2011-12. The examinations are already over and the entire process of admission to the couRs.in question is already concluded in the year 2011-12. There is no interim order passed in the matter and, therefore, petitioner had not appeared in the examination. Under such circumstances, we are of the considered view that no relief can be granted to the petitioner now. The petition is, therefore, dismissed. (Rajendra Menon) (Mrs.Vimla Jain) Judge Judge nd...
Ajay Shukla Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-24-2013
W.P.No.11450/2013 (Ajay Shukla versus State of MP and otheRs.24.07.2013 Heard Shri Sanjay K. Agrawal, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 17.06.2013 by which the previous order of transfer dated 15.05.2013 transferring the petitioner from Shahdol to Satna has been cancelled. It is submitted that the impugned order has been cancelled after it had been executed by the petitioner, on an erroneous ground that a departmental enquiry is pending against the petitioner whereas no such enquiry is pending against him. It is submitted that the petitioner has already approached the authority by filing a representation which is pending before the said authority but no decision thereon has been taken till date as a result of which the petitioner is being subjected to untold hardships for non-existing reason. Having heard the learned counsel for the petitioner as the matter is require...
Arun Kumar Sharma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-24-2013
W.P.No.8889/2013 (A.K.Sharma and others ..Vs..State of MP & otheRs.24-07-2013 Shri Abhay Sharma, learned counsel for the petitioneRs.Shri S.M.Lal,, learned G.A.for the State/respondents. Heard on the question of admission. The petitioners have filed this petition being aggrieved by the fact that the petitioners are not being permitted to participate in the counselling being conducted for making appointments on the post of Samvida Shala Shikshak, Grade-III though the petitioner is over qualified having obtained a B.Ed. degree. Similar petitions wherein the petitioners have raised the same issue, have been dismissed by this Court in the cases of Sanyogita Thakur and others v. State of M.P.and otheRs.reported in 2013 (2) MPLJ 20 and W.P.No.6129/2013 (S).decided on 15-4-2013 and in the circumstances this petition being identical, the same is also dismissed. The learned counsel appearing for the petitioners submits that in the case of Sanyogita Thakur (supra) this Court has made certain obs...
Sunpetpack Jabalpur Pvt. Ltd. Company Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-24-2013
W.P.No.13173 o24. 07/2013 Shri G.N.Purohit, Senior Advocate with Shri Abhishek Oswal and Ms.Uma Parashar, Advocates for the petitioner. Shri Samdarshi Tiwari, Government Advocate for the respondents/State. It is submitted by Shri Purohit, learned senior Advocate that in continuance to the recommendations Annexure P/10 dated 27/6/2011, the matter is before the State Government for considering the issue whether the petitioner is entitled for exemption from payment of commercial tax or not. It is submitted that the matter has already been heard by a Committee headed by Principal Secretary, Commercial Tax on 20th of June, 2013, but the order is still awaited. It is submitted by Shri Purohit, learned senior Advocate that the respondent No.1 may be directed to decide the matter expeditiously. On raising such contention, Shri Tiwari, learned Government Advocate submits that hearing of this case may be adjourned for a period of 30 days, so that outcome of the hearing may be brought to the noti...
C.M. Sharma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-24-2013
W.P.No.12246/2013 (C.M.Sharma ..versus State of MP and otheRs.24-07-2013 Heard Shri Brijesh Choubey, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 05-07-2013 by which he has been transferred from Umaria to Chhatarpur. It is submitted by the learned counsel for the petitioner that the impugned order has been passed without looking into the fact that the petitioner is suffering from grievous medical problem and that he is alone. It is submitted that the petitioner by an application dated 15-6-2013 requested the respondent/authorities to post him at Satna as he has 1 years of service remaining, in accordance with the policy of the State Government, where his family resides, but without considering the same the impugned order has been passed. A Division Bench of this Court in R.S.Chaudhary versus State of M.P.and OtheRs.ILR [2007].MP 132.has already held that in case transfer is alle...
Harihar Prasad Mishra Vs. Principal Secretary the State of Madhya Prad ...
Court: Madhya Pradesh
Decided on: Jul-24-2013
1 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR. Writ Petition No.11946/2010 Harihar Prasad Mishra. -Versus- The State of Madhya Pradesh and otheRs.PRESENT : Honble Shri Justice K.K.Trivedi. Shri C.P.Dwivedi, learned counsel for the petitioner. Shri Amit Kumar Sharma, learned Panel Lawyer for respondents. ORDER (24.07.2013) 1: This petition under Article 226 of the Constitution of India is filed by a retired Headmaster of Government High School, initially claiming inter alia the payment of Rs.22951/- as also the arrears of salary on account of grant of higher Kramonnat pay scale with effect from July 1993 to August 1997. It is stated by the petitioner that he was working as a Teacher and has discharged his duties in various schools of the State. He has retired from service as Headmaster of Government High School Chhirhai, District Satna on 31.8.1997. The Rules were framed for the purposes of pay revision in the year 1998. According to which the State Government has directed r...
Shakuntala Vs. Rakesh Kumar Verma
Court: Madhya Pradesh
Decided on: Jul-24-2013
Cr.A.No.2636/2011 24.7.2013 As per B.D.Rathi,J Shri Ramesh Tamrakar, Advocate for the appellant Shri Amit Pandey, Government Advocate for the respondent no.2-State. Heard on admission. This appeal has been preferred by the prosecutrix under Section 372 of the Code of Criminal Procedure (hereinafter referred to as the Code.) being aggrieved with the judgment of acquittal passed by Special Judge (under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act.).on 10/8/2011 in Special Case No.118/2009, whereby respondent no.1 has been acquitted of the offence punishable under Section 376(1) of the Indian Penal Code (IPC. for short) and Sections 3(1)(xii) and 3(2)(v) of the Act. As per the prosecution story, on a promise to marry, prosecutrix was being persistently subjected to sexual assault by respondent no.1 since 2005. However, on his denial to marry, report (Ex.P/2) was lodged on 10/12/2008 at Police Station AJK, Hoshangabad. After completi...
Rajendra Prasad Parihar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-24-2013
1 Writ Petition No.13713 of 2006 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava Writ Petition No.13713 of 2006 PETITIONER:1. Rajendra Prasad Parihar, aged 48 years, S/o Premdas Parihar, R/o Jasalpur Hoshangabad (M.P.) 2 Ajay Tiwari, aged 38 years, S/o K.P.Tiwari, R/o Kothi Bazar Hoshangabad (M.P.) 3. Alok Tiwari,aged 32 years S/o K.P.Tiwari, R/o Kothi Bazar Hoshangabad (M.P.) 4. Kirat Singh, aged 40 years S/o Babulal Mina, R/o Baharpur Babai, Hoshangabad (M.P.) 5. Mangilal Tomar S/o Badri Prasad Tomar, Aged 55 years, R/o Niaz Colony Harsi Hoshangabad (M.P.) 6. Nepal Rao Aged 48 years, S/o Shankar Rao, Ex- Serviceman Tawanagar, Itarsi District Hoshangabad (M.P.) 7. Mahesh Gulbake, Aged 30 years S/o Shri Ram Gulbake R/o Tawanagar Itarsi District Hoshangabad (M.P.) 8. Shri Prem Singh S/o Kalloo Singh, Aged 60 years,Retired from M.P.Police Itarsi, District Hoshangabad (M.P.) 9. Hari Narayan Sharma,Aged 38 years S/o Mithoolal Sharma,R/o Jummerati Di...
Manzoor Ahmad Mansoori Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-24-2013
W.P.No.11841/2013 (M.A.Mansoori versus State of MP and otheRs.24.07.2013 Heard Shri L.S.Singh learned senior counsel with Shri Luvkush Mishra, for the petitioner on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by Annexure P/1 which is an advertisement issued by the respondent No.3 for making appointment of Atithi Vidwan/Guest Lecturer in the Government Law College, Rewa. It is submitted by the learned senior counsel for the petitioner that engagement of Atithi Vidwan is made for one session/academic year on the basis of fresh guidelines that are issued by the State Government every year. It is submitted that without issuance of any such guidelines, the respondent No.3 has proceeded to issue the advertisement which is contrary to law. It is further submitted that the respondent No.3 is the only College which has issued the advertisement without awaiting the guidelines of the State Government whereas others colleges are still awaiti...
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