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Madhya Pradesh Court July 2013 Judgments

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Jul 24 2013

Krishna Prakash Mishra Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-24-2013

W.P.No.4075/2013 Krishna Prakash Mishra vs. State of M.P. & ORS.1 24.07.2013 Heard Shri Vinot Kumar Dubey, learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition alleging that though the petitioner has successfully qualified in the eligibility examination conducted by the respondent/authorities for making appointment on the post of Samvida Shala Shikshak, Grade-III possessing the D.S.E qualification, the respondent/authorities are not permitting the petitioner to participate in the counselling by stating that the petitioner has obtained one year diploma. From a perusal of the petition it is observed that the petitioner has directly approached this Court without approaching the competent authority for mitigation of his grievance. In the circumstances, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner approaches the competent authority by filing a representat...


Jul 23 2013

Rakesh Patel Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-23-2013

Cr.Rev. No.640/2010 Criminal Revision No.640/2010 Rakesh Patel versus State of M.P.& another 23.07.2013 Shri Vijay Shrivastava, Advocate for the applicant/complainant. Shri Umesh Pandey, Govt. Advocate for the respondent no.1/State. Shri Amit Verma, Advocate for the respondent no.2/accused. This revision has been filed by applicant/complainant under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the order dated 12.3.2010 passed by Special Judge (Electricity Act) Bhopal in Criminal Appeal No.101/2010, whereby the order dated 22.1.2010 passed by Principal Judge, Juvenile Justice Board, Bhopal was affirmed in the Regular Trial No.161/2008. The respondent no.2 is being prosecuted for an offence under Sections 307 and 302 of the Indian Penal Code. Charge sheet against him was filed in the Juvenile Court, Bhopal. On objection being taken by the complainant about the age of respondent no.2, an inquiry was conducted wherein a certificate of High School E...


Jul 23 2013

Ram Garib Tiwari and ors Vs. the State of M.P. and ors

Court: Madhya Pradesh

Decided on: Jul-23-2013

HIGH COURT OF MADHYA PRADESH AT JABALPUR First Appeal No :75. OF 200.Ram Garib Tiwari & Ors. - V/s - State of Madhya Pradesh & Ors.. Present : Honble Shri Justice Rajendra Menon. Hon'ble Mrs. Justice Vimla Jain ---------------------------------------------------------------------------------------- Shri Kaustub Singh, learned counsel for the appellants. Shri Sanjay Dwivedi, learned Government Advocate for the respondent Nos.1 & 2. Shri Vivek Rusia, learned counsel for the remaining respondents. ORDER (23/07/2013) As per Rajendra Menon, J :- Challenge in this first appeal under Section 96 of the Code of Civil Procedure is made to a judgment and decree dated 22.10.2003 passed by the First Additional District Judge, Sidhi for Civil Suit No.15A/2003.2. Inter-alia contending that the land of the appellant has been taken over by the State Government for construction of a canal and compensation/ award for acquisition of the land has not been granted, the suit in question was filed before the ...


Jul 23 2013

Rajesh Vs. the Secretary

Court: Madhya Pradesh

Decided on: Jul-23-2013

W.P.No.11772/2013 Rajesh vs. M.P.S.E.B & ORS.1 23.07.2013 Heard Shri R.P.Dubey, the learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition praying for a direction to the respondent authorities to grant compassionate appointment to the petitioner as it is stated that the petitioner's father who was working in the establishment of the respondents, died while in service on 29.6.2002. It is submitted that the petitioner had filed an application for consideration of his case for compassionate appointment but it has not been considered and thereafter the respondent authorities have issued a list, Annexure P-6, in which the petitioner's name finds mention but he has not been given appointment on the ground that his qualifying certificate has been issued from Varanasi. The learned counsel for the petitioner submits that even otherwise the petitioner has not become eligible for compassionate appointment in accordance with the...


Jul 23 2013

Smt. Anju Meshram (Borker) Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-23-2013

W.P.No.11795/2013 Smt. Anju Mehsram vs. State of M.P. & ORS.1 23.07.2013 Heard Shri S. Mukerjee, the learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by the select list dated 8.10.2012 by the Chief Medical and Health Officer, Balaghat proposing to make appointment of Asha Sahyogi. It is submitted that the said selection has been under taken by the respondents without following the procedure prescribed by law and without issuing any advertisement thereby depriving and precluding the petitioner from participating in the process. Apparently, the matter requires to be looked into by the Collector, Balaghat and in such circumstances, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner approaches the respondent no.3 Collector, Balaghat by filing a representation within fifteen days from today alongwith a copy of the order passed today and a co...


Jul 23 2013

Hitkarni College of Engg. and Technology, Vs. the State of Madhya Prad ...

Court: Madhya Pradesh

Decided on: Jul-23-2013

1 HIGH COURT OF MADHYA PRADESH : JABALPUR WRIT PETITION No.13427 OF 201.Hitkarni College of Engineering and Technology and another Petitioners versus State of M. P. and others Respondents Present : Hon'ble Shri Justice Rajendra Menot Hon'ble Smt. Justice Vimla Jain .......................................................................................................... Shri Ravish Agrawal, Sr. Counsel, Shri R. N. Singh, Sr. Counsel with Shri Sankalp Kochar and Shri Arpan J.Pawar for the petitioners. Smt. Nirmala Nayak for respondent No.1. Shri Pradeep Sharma for respondents No.2 and 3. .................................................................................................... ORDER (23/07/13) As per Rajendra Menon, J:- Hitkarni Sabha a society registered under the M. P. Society Registration Act, 1973 claims to be a Pioneer Education Society running more than 18 schools and 10 colleges. Two of the institutes run by the said society are the Hitkarni College of Engineering and T...


Jul 23 2013

Smt. Jagta Balpande Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-23-2013

W.P.No.11733/2013 (Smt. Jagta Balpande versus State of MP and otheRs.23.07.2013 Heard Shri Jaideep Shirpurkar, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition praying for a direction to the respondents/authorities to consider and decide the petitioner's representation seeking consideration of her case for appointment on the post of the Samvida Shala Shikshak Grade-III dated 31.05.2013. It is submitted by the learned counsel for the petitioner that the candidature of the petitioner has been rejected on the ground that the petitioner has produced an OBC certificate from State of Maharashtra which is not permissible in law. Looking to the fact that the matter is already pending before authority, without entering into the merits of the case and without making any comments on the entitlement of the petitioner, the petition filed by the petitioner is disposed of with a direction to the effect that on petitioner furnis...


Jul 23 2013

Ram Bihari Sharma Vs. Union of India

Court: Madhya Pradesh

Decided on: Jul-23-2013

W.P.NO.16268/2007 23-07-2013 Shri K.K.Gautam, learned counsel for the petitioner. Shri S.A.Dharmadhikari, learned counsel for the respondents. Challenging the order dated 25-06-2004, passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur, in O.A.No.449/2001, the petitioner has filed this writ petition. By the aforesaid order on imposition of penalty of Censure on the petitioner, who was Extra Departmental Mail Career/Delivery Agent in the department of Communication and Postal, when only 25% of the pay and allowances is granted to him in accordance to Rule 9(3) of the Posts and Telegraphs Extra-Departmental Agents (Conduct and Services) Rules, 1964, this writ petition has been filed, claiming full pay and allowances for the period when the employee namely the petitioner was kept on 'put off'' duty and when he was prevented for duty. The petitioner was engaged as Extra Departmental Mail Carrier/Delivery Agent. He was proceeded against a departmental inquiry on certain a...


Jul 23 2013

Aradhana Tembhre Vs. Madjhya Pradesh Public Service Commission

Court: Madhya Pradesh

Decided on: Jul-23-2013

W.A.No.690/2013 Aradhana Tembhre M.P.Public Service Commission & other23. 7.2013 Shri Avinash Zargar, counsel for appellant. Shri K.S.Wadhwa, counsel for respondents. This appeal is directed against an order dated 3.7.2013 in W.P.No.11072/2013, by which the writ petition preferred by the appellant for furnishing her credential to the respondents was dismissed on the ground that the aforesaid documents could not be filed before the cut-off date. It is submitted by the appellant that the appellant could not become aware in respect of the declaration of the result, as it was declared after more than 15 months from the date of examination and that too on internet and in the newspaper 'Rojgar & Nirman' and as per the advertisement of the examination and brochure there was no previous declaration that the results would be declared by the aforesaid mode. It is submitted that because of aforesaid exigency the appellant could not furnish the aforesaid documents for verification, however all the...


Jul 23 2013

Ramakant Panday Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-23-2013

M.Cr.C.No.9319/2013 Ramakant Panday and others-applicants/accused Smt. Chhaya Panday-applicant/complainant versus State of Madhya Pradesh 23.07.2013 Shri Tribhuvan Mishra, Advocate for applicants/accused No.1 to 5. Shri Ashish Sinha, Advocate for applicant/complainant No.6. Applicants No.1 Ramakant Panday and No.2 Ramashankar Panday are present in person. Applicant/complainant Smt. Chhaya Panday is also present in person. She has been identified by Shri Ashish Sinha, Advocate. Both the parties have filed this joint petition under section 482 of Cr.P.C.for quashing of the criminal proceedings of Criminal Case No.8923/2009 pending against applicants No.1 to 5 in the Court of Judicial Magistrate, FiRs.Class, Jabalpur under sections 498-A/34 & 506 I.P.C.and section 3/4 of Dowry Prohibition Act. In short, the facts of the case are that marriage between applicant Ramakant Panday and Smt. Chhaya Panday was performed on 16.5.2005 at Bhopal according to Hindu CustoMs.After marriage, due to diff...


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