Madhya Pradesh Court July 2013 Judgments
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Madkoleshwar Swasahayata Samoh Vs. Smt. Meena Kashyap
Court: Madhya Pradesh
Decided on: Jul-22-2013
Conc No ::1019. / 2012 Madkoleshwar Swasahayata Samoh versus Smt. Meena Kashyap and ors 22.07.2013. Shri Ajay Shukla for the applicant. Ms.Vandana Shrivastava for the respondents. Complaining dis-obedience of an order passed on 24.11.2011, in Writ Petition No.9743/2008, this application has been filed for initiating action for contempt. The said writ petition was disposed of directing the State Government to make payment of the amount to the applicant/petitioner within one month. Contending that the amount has not been paid, this application has been filed. From the counter-affidavit filed by the respondents, it is seen that based on the calculations made vide registered letter - Annexure R/1, a cheque has been prepared and the entire amount has been sent to the applicant. Details of the payment and calculation are filed by the respondents vide Annexure AR/1. The applicant has not rebutted these contentions and there is nothing to show that these contentions are incorrect. Under such c...
Ratan Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-22-2013
1 W.P.No.12387/2013 22/07/2013 Shri D.K.Tripathi, learned counsel for the petitioner. Shri S.S.Bisen, learned Government Advocate for respondents on advance notice. Heard. Order dated 25.06.2013 passed by Sub-Divisional Officer (Revenue) Cum Authorized Officer, Janpad Panchayat, Nawgaon, District Chattarpur is being challenged. By impugned order the Ex-Sarpanch Gram Panchayat, Kararaganj has been held liable to deposit Rs.759499/-being the amount distributed by the petitioner through cheques in favour of his family membeRs.The impugned order is being challenged on the ground that the Sub-Divisional Officer (Revenue) Cum Authorized Officer has no jurisdiction to effect recovery in respect of Panchayat Fund taking recouRs.to provisions of Section 89 and Section 92 of M.P.Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. 2 W.P.No.12387/2013 Petitioner was a Sarpanch, Gram Panchayat, Kararaganj from 2005 to 2010. That after the expiry of the term a complaint came to be lodged against him reg...
Kuber Singh Vs. M.P. Sadak Pariwahan Nigam
Court: Madhya Pradesh
Decided on: Jul-22-2013
MCC No.791/2013 (Kuber Singh versus MPRTC and another) 22.07.2013 Heard Shri Ajay Tiwari, learned counsel for applicant on the application for restoration of W.P.S. No.5154/2005. It is submitted by the learned counsel for the applicant that as he was a newly engaged counsel in the aforesaid writ petition and since his name was not mentioned in the cause list he could not appear which resulted in dismissal of the aforesaid wit petition for want of prosecution. The application is supported by an affidavit of the applicant and for the reasons stated therein appear to be bona fide, the application for restoration is allowed. The impugned order dated 05.08.2011 passed in W.P.S.No.5154/2005 is recalled and the same is directed to be restored to its original number subject to payment of cost Rs.1000/- in the High Court Legal Services Authority, Jabalpur. M.C.C.stands allowed accordingly. A copy of this order be placed in the record of W.P.S.No.5154/2005. C.C.as per rules. (R.S.Jha) Judge msp...
Shriram Thakre Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-22-2013
Writ Petition No ::4675. / 2013 Shriram Thakre and others versus State of MP and others 22.07.2013. Shri S.K.Soni for the petitioneRs.Shri Sanjay Dwivedi, Government Advocate, for State. Shri K.K.Singh for respondent No.2. Shri Jitendra Shrivastava for respondent No.3. None for respondent No.4. Petitioners were students who were granted admission to the B.Ed CouRs.in the Academic Session 2007-08, and contending that the result of the petitioners is not being declared by the University, this writ petition is filed. Learned counsel for the respondents point out that this is one of the case where the recognition and affiliation granted to the Institute in question i.e Shivam (B.Ed) College, Balaghat, was cancelled; recognition was never granted to the Institute in question; and, the Institute without even grant of recognition admitted the students. The matter came to this Court and thereafter travelled to the Supreme Court in a SLP filed. The Supreme Court, in the SLP filed by most of the...
Ku.Neelu Singh Patel Vs. Dinesh Prasad
Court: Madhya Pradesh
Decided on: Jul-22-2013
Cr.A.No.1554/2012 22.7.13 As per B.D.Rathi,J Ms.Anjana Kuraria, Advocate for the appellant. Shri Amit Pandey, Government Advocate for the respondent no.3-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 passed by II Additional Sessions Judge (Fast Track Court) Maihar, District Satna on 31/8/2010 in Sessions Trial No.33/2010, whereby respondent Nos.1 and 2 have been acquitted of the offences punishable under Sections 342 and 376(2)(g) of the Indian Penal Code (IPC. for short).Prosecution case, in brief, is that on 23/5/09, at about 1 p.m., when prosecutrix was fetching water from Handpump, respondents Nos.2 and 3, who are real brotheRs.came there, gagged and dragged her inside their house and after abusing and assaulting her, she was raped by respondent no.1 Dinesh. A written complaint was sent to Supreintendent of Police, Satna on 2/6/09, on the basis of...
Shambhu Prasad Patel Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-22-2013
W.P.No.11703/2013 Shambhu Prasad Patel vs. State of M.P. & ORS.1 22.07.2013 Heard Shri Rohit Sohagaure, the learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 29.6.2013 by which the earlier order of posting of the petitioner dated 27.4.2013 has been modified and the petitioner's place of posting has been changed from Government Nursery, Nandibaag, District Rewa to the office of Assistant Director, Horticulture, Singrouli. It is submitted by the learned counsel for the petitioner that the petitioner had also executed the previous order dated 27.4.2013 which is being modified within two months which indicates total non-application of mind inasmuch as the petitioner has already got his children admitted and is settled at Nandibaag but is being uprooted within two months. The learned counsel for the petitioner submits that the petitioner has filed a representation before the respondent ...
Jagarnath Mane Vs. All India Council for Technical Education
Court: Madhya Pradesh
Decided on: Jul-22-2013
1 WP No.12402/13 22.07.2013. Shri Khalid Noor Fakhruddin, learned counsel for petitioner. Shri Pradeep Sharma, learned counsel for respondent no.1. Shri Kumaresh Pathak, learned Deputy AG for respondent no.2 and 3. The petitioner has sought following relief :- (a) That, this Honble Court may kindly be pleased to issue appropriate writ/order/ directions in appropriate nature in the interest of justice; (b) That, the Respondent no.1 be directed to conduct fact finding enquiry against the respondent no.4; (c) That the approval & affiliation of Respondent no.4 be immediately cancelled in violation of non-fulfillment of the norMs.(d) That, Respondent no.3 be directed to take action against Respondent no.4 and get release the Government land under encroachment; (e) Any other writ/order or direction deemed fit and proper in the facts and circumstances of the case necessary be also passed with costs to the petitioner. In nut shell, the case of petitioner is that the respondent no.4/Society is ...
Alka Sharma Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-22-2013
Writ Petition No ::7700. / 2013 Alka Sharma versus State of MP and others 22.07.2013. Shri P.K.Singh for the petitioner. Shri Sanjay Dwivedi, Government Advocate, for State. Shri K.K.Singh for respondent No.2. Shri Jitendra Shrivastava for respondent No.3. None for respondent No.4. Petitioner was a student who was granted admission to the B.Ed CouRs.in the Academic Session 2007-08, and contending that the result of the petitioner is not being declared by the University, this writ petition is filed. Learned counsel for the respondents point out that this is one of the case where the recognition and affiliation granted to the Institute in question i.e Vikramaditya College, Vijay Nagar, Jabalpur, was cancelled, recognition was never granted to the Institute in question and the Institute without even grant of recognition admitted the students. The matter came to this Court and thereafter travelled to the Supreme Court in a SLP filed. The Supreme Court, in the SLP filed by most of the colle...
Vishal Vincent Rajendra Daniel Vs. the Registrar, Rani Durgawati Vishw ...
Court: Madhya Pradesh
Decided on: Jul-22-2013
Vishal Vincent Rajendra Daniel versus Registrar, RDVV W.P.No ::1105422. 07.2013. Shri Vasant Daniel, learned counsel for the petitioner. Shri N.S.Ruprah, learned counsel for respondent. Petitioner is a student of B.A.L.L.B.(Honours).couRs.in Rani Durgawati Vishwavidyalaya, Jabalpur. He appeared in the second semester examination, which was conducted in the year 2011 and the dispute in this petition pertains to allocation of marks for the subject of Political Science and also aggregate in the entire examination. It seems that in the subject of Political Science petitioner was shown to have received 28 marks and declared as failed. Petitioner represented and questioned the manner in which his answer-sheet for the subject was valued. Be it as it may be. When petitioner was not satisfied with the action taken by the university, matter came to this court in a writ petition, being W.P.No.590/2013 and on 15.1.2013 the writ petition was listed before a Division Bench of this Court when it was ...
The State of Madhya Pradesh Vs. Phateh Singh Jayaswal
Court: Madhya Pradesh
Decided on: Jul-22-2013
W.A.No.463 o1. State of M.P.and others vs Phateh Singh Jayaswal 22/07/2013 Shri Kumresh Pathak, Deputy Advocate General for the appellants/State. Shri S.P.Khare, Advocate for the respondent. I.A.No.6975/2013, an application for condonation of delay. For the reasons stated in the application, supported by an affidavit, delay in filing this appeal is hereby condoned. With the consent of the parties, the matter is heard finally. It is submitted by the respondent that the controveRs.has been decided by a Division Bench of this Court in W.A.No.55 of 2013 (State of M.P.and others versus L.P.Dubey).by which, several matters involving the identical issue were decided. It is submitted that similar direction may be issued in the present case also. Shri Kumresh Pathak, learned Deputy Advocate General has submitted that he has no objection, if this matter is finally decided in the light of the decision passed in L.P.Dubey (supra).In State of M.P.and others versus L.P.Dubey, W.A.No.55 of 2013, cons...
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