Madhya Pradesh Court July 2013 Judgments
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Dhani Ram Dubey Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2013
1 HIGH COURT OF MADHYA PRADESH : JABALPUR WRIT PETITION No.246/2008 Dhani Ram Dubey Vs. The State of Madhya Pradesh & others ____________________________________________________________ Present : Honble Shri Justice K.K. Trivedi ____________________________________________________________ Shri Vishal Dhagat, learned Counsel for the petitioner. Shri Rajesh Tiwari, learned Govt. Advocate for the respondents-State. Shri S. Pandey, learned Counsel for respondent No.5. ____________________________________________________________ ORDER (31/07/2013) By this petition under Article 226 of the Constitution of India the petitioner, said to be working on the post of Lower Division Clerk in Govt. Post Graduate College, Damoh, has challenged the validity of order dated 30.10.2007 by which his representation made pursuant to the direction issued by this Court in his earlier writ petition, W.P. (S) No.2649/2004 on 05.05.2004, has been rejected. It is contended by the petitioner that initially he was a...
Mahesh Tripathi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2013
W.P.No.13026/2013 (Mahesh Tripathi ...Vs...State of M.P.& otheRs.31-07-2013 Heard Shri Abhisheikh Arjariya, 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 from Gram Panchayat Karhilami, Janpad Panchayat, Amarpatan, to Gram Panchayat Obera, Janpad Panchayat Amarpatan, District Satna. It is alleged that the impugned order has been passed contrary to the transfer policy formulated in this regard which provides that a Panchayat Secretary of a Gram Panchayat should be transferred to the adjacent Gram Panchayat. It is also alleged that the petitioner had filed a contempt petition against the Chief Executive Officer of Zila Panchayat, Satna, the respondent No.6, and that is why he has been subjected to the aforesaid transfer. 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...
Ramkumar Soni Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2013
Writ Petition No.12096/2013 (Ramkumar Soni ..versus State of M.P.& otheRs.31-07-2013 Shri Bhoopesh Tiwari, learned counsel for the petitioner. Shri Piyush Jain, learned P.L.for the State/respondents. Heard the learned appearing for the petitioner on the question of admission. The learned counsel for the petitioner, after arguing at length, submits that the petition be disposed of with a direction to the respondent/authorities to take up scrutiny of the cases in accordance with the directions issued by this Court in Writ Appeal No.1202/2010 decided on 15-12-2010 and also give the petitioner an opportunity of hearing before the scrutiny committee to establish that his appointment may be irregular at best but not illegal and thereafter take a decision in the matter expeditiously in accordance with law within a fixed period of time. The learned counsel appearing for the State submits that the authorities have in fact passed the impugned order dated 31-5-2013/0-6-2013 with a view to ensure ...
Prashant Shukla Vs. Principal Secretary the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2013
W.P.No.6114/2009 31/7/2013: Shri H.B.Gautam, learned counsel for the petitioner. Smt. Nirmala Nayak, learned Panel Lawyer for respondents No.1,6, 8 and 9. Shri Vaibhav Tiwari, learned counsel for respondent No.7. Shri Kamlesh Dwivedi, learned counsel for respondent No.10. None appears for respondents No.2 to 5 even though served. Petitioner was a student who appeared in the P.E.P.T 200.examination conducted for admission to Technical Education (Engineering Courses).After being successful in the entrance examination, his name appeared in the list of candidates eligible to participate in the process of counseling, which was held in Rewa Engineering College and based on the counseling admission was granted to the petitioner vide Annexure P/1 issued by the counseling authority. Petitioner was admitted to a B.E.CouRs.in Computer Science and Engineering and was allotted a seat in Baba College of Engineering (Godarmal).Bhopal and the petitioner was directed to deposit the approved fees of Rs....
Smt. Kamla Devi Vs. Ramkhilawan Tiwari (D) Lrs. Smt. Chandrakala
Court: Madhya Pradesh
Decided on: Jul-31-2013
Second Appeal No.1003/2012 31.07.2013 Mr.R.P.Agrawal, learned Senior Counsel with Mr.Anuj Agrawal, Advocate 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.10714/2012. On payment of P.F.by registered post with acknowledgment due within a week issue notice of aforesaid I.A.to the respondents. Notices be made returnable within a period of 6 weeks. Learned counsel for the appellants submitted that the respondents are trying to create third party interest in respect of the suit land and in case they are not restrained, the same would lead to unnecessary complications. Taking into account the submission made by learned counsel for the appellants and in view of the law laid down by the Supreme Court in Maharwal Khewaji Trust (Regd.).Faridkot versus Baldev Dass, (2004) 8 SCC 488.it is directed that till next date of hearing respondents shall not create any third party interest in respect of t...
Diwan Singh Rajput Vs. Dhanvir Singh
Court: Madhya Pradesh
Decided on: Jul-31-2013
Cr.A.No.1448/2011 31.7.13 As per B.D.Rathi,J Shri Siddharth Datt, Advocate for the appellant. Shri Ramakant Patel, Advocate for respondent no.1. None for respondent no.2. Shri M.Shafiqullah and Mohd. Riyaz, Advocates for respondent Nos.3 and 4. Shri Amit Pandey, Government Advocate for respondent no.5-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 10/5/11 passed by III Additional Sessions Judge, Bhopal in Sessions Trial No.296/10, whereby respondent Nos.1 and 2 have been acquitted of the offences punishable under Sections 419, 420 and 467 of the Indian Penal Code (IPC. for short).and respondent Nos.3 and 4 have been acquitted of the offence under Section 420 of the IPC. Prosecution case, in brief, is that on 17/3/09, respondent no.1 Dhanveer Singh, dishonestly induced complainant Deewan Singh Rajput to deliver his Indo Farm Tractor on rental of R...
Bansraj Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2013
Writ Petition No.13089 / 2013 (Banraj Singh ..Vs..State of MP & otheRs.31-07-2013 Shri V.K.Shukla, learned counsel for the petitioner. Ms.MPS Chuckal, learned P.L.for the State/respondents. Heard on the question of admission. The petitioner, who is working as Assistant Grade-III at Nagar Parishad, Hanumana, District Rewa, has filed this petition praying for a direction to the Divisional Deputy Director, Urban Administration, Rewa not to insist upon relieving the petitioner or to enforce compliance of the order of transfer dated 14-7-2012 by which the petitioner has been transferred from Hanumana to Baikunthpur. It is submitted by the learned counsel appearing for the petitioner that the petitioner had filed W.P.No.1778/2013 before this Court against his order of transfer which was disposed of by order dated 6-2-2013 in the following terms :- In view of the submissions made by learned counsel for the parties and in the facts of the case, the writ petition is disposed of with a direction...
Rakesh Gautam Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2013
W.P.No.9171/2012 Rakesh Gautam & Ors. vs. State of M.P. & ORS.1 31.07.2013 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, accepted...
The State of Madhya Pradesh Vs. Nitin
Court: Madhya Pradesh
Decided on: Jul-31-2013
M.Cr.C.No.7085/2011. 31.7.13 As per B.D.Rathi,J Shri Yogesh Dhande, Government Advocate for the applicant-State. None for respondent, though served. Heard on admission. This application for grant of leave to appeal has been preferred under Section 378(3) of the Code of Criminal Procedure (hereinafter referred to as the Code.) being aggrieved with the judgment dated 10/02/11 passed by Sessions Judge, East Nimad, Khandwa in Sessions Trial No.208/2010, whereby respondent has been acquitted of the offence punishable under Section 307 (part1) of the Indian Penal Code (IPC. for short) and under Section 25 (1B) (a) & 27 of the Arms Act. Prosecution case, in brief, is that on 06/09/2010 at about 5.35 pm, complainant Tanveer was returning from Court with his father Mohd. Shafi and friends Golu and Nijam. Near railway crossing, respondent came with a pistol and with an intention to kill Tanveer fired at him, but his father pushed the hand of the respondent causing the target to be missed and as ...
Shubham Gour Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2013
W.P.No.12163/2013 (Shubham Gour and others versus State of MP and otheRs.31.07.2013 Shri J. Arya, learned counsel for the petitioneRs.Heard on the question of admission and interim relief. Though several issues have been raised by the petitioners in the present petition claiming appointment on the post of Samvida Shala Shiksha Grade-I,II, and III on the strength of the fact that they have been working as Guest TeacheRs.the learned counsel for the petitioners after arguing at length submits that the present petition be disposed of with a direction to the respondents/authorities to consider and decide the representation of the petitioners as has been done by a Division Bench of this court in W.P.No.9134/13 by order dated 03.06.2013. In view of the limited prayer made by the learned counsel for the petitioneRs.keeping the concept of parity in mind, the present petition is disposed of with a direction to the effect that in case the petitioners approach the respondents/authorities by filing...
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