Madhya Pradesh Court July 2013 Judgments
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Shrikant Chaturvedi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2013
1 W.P.NO.1567/2010 31.07/2013 Shri Abhishek Arjaria, learned counsel for the petitioner. Shri S.S.Bisen, learned Government Advocate for the respondents No.1 and 3. Shri P.Dubey, learned counsel for respondent No.2. Present petition is directed against non-decision on an application under Rules 63, 77 and 80 of the M.P.Panchayat Nirvachan Niyam, 1995. Election for member of ward No.12 of Zila Panchayat, Satna on 21.01.2010. Petitioner contested the election counting whereof was also scheduled for 21.01.2010. Case of the petitioner is that the procedure as is required to be followed as per Rules 63 and 77 of 1995 Rules were not adhered to and though a protest vide representation was lodged with the Returning officer. No deicision was taken under Rule 80 of the Rules 1995. Aggrieved whereof and without waiting for the final outcome which was to be on 06.02.2010, 2 W.P.NO.1567/2010 petitioner filed this petition on 04.02.2010. That during the pendency of the petition results were declared...
Bharat Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2013
1 Writ Petition No.13099 of 2013 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava Writ Petition No.13099 of 2013 PETITIONER: Bharat Singh S/o Balwant Singh, Aged about 59 years, Cultivator, R/o Village Barkhedi, Tahsil Shyampur, District Sehore (M.P.) Versus RESPONDENT: State of M.P., Through Collector Sehore (M.P.) _________________________________________________ Shri A.S.Jha, learned senior counsel assisted by Shri B.M.Prasad, learned counsel for the petitioner. Smt. Sheetal Dubey, learned Government Advocate for the respondent. ORDER (31.07.2013) By this petition under Article 227 of the Constitution of India, the petitioner is challenging the impugned order dated 16.7.2013 passed by First Additional District Judge, Sehore in Misc. Civil Appeal No.19/2013 by which the order dated 30.4.2013 passed by First Civil Judge Class-I,Sehore in Civil Suit No.23-A/13 rejecting the application for temporary injunction of plaintiff/petitioner has been aff...
The State of Madhya Pradesh Vs. Shabeer Musalman
Court: Madhya Pradesh
Decided on: Jul-31-2013
Misc. Criminal Case No.8372/2012 31.7.13 As per B.D.Rathi,J Shri Amit Pandey, Government Advocate for the applicant- State. As per office notice the application is time barred by 48 days. Looking to the facts and circumstances of the case, the delay is, hereby condoned. Heard on admission. This is an application for grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure (Code. for short).By the impugned judgment dated 19/5/12 passed by Additional Sessions Judge, Pawai, District Panna in Sessions Trial No.19/11, respondents have been acquitted of the offences punishable under Sections 363, 366, 376, 294 and 506 Part II of the Indian Penal Code (for short the IPC.).Prosecution case, in brief, is that since 2-3 months prior to the date of incident, respondent no.1 Shabber was attempting to develop illicit relations with the prosecutrix and was, therefore, asked by her father Sahabali (PW1) to stay away from his house. On 19/8/10, in the morning, when Sahabali retu...
Khuman Singh Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2013
Cr.A.No.2174/2012 31.7.13 As per B.D.Rathi,J Shri Ramakant Patel, Advocate for the appellant. Shri Amit Pandey, Government Advocate for the respondent no.1-State. Heard on I.A.No.21401/12, which is an application under Section 5 of the Limitation Act (for brevity Act.) for condonation of delay As per Office note the appeal is barred by 984 days. This appeal has been preferred on 4/10/2012 by victim Khuman Singh under Section 372 of the Code of Criminal Procedure being aggrieved with the judgment of acquittal passed on 17/11/2009 in Sessions Trial No.4/07 by Additional Judge to the Court of I Additional Sessions Judge, Khandwa, whereby respondent nos.2 to 5 have been acquitted of the offences under Sections 294, 307, 323, 325/34 of the Indian Penal Code (for short IPC.) and 25(1B)(b) of the Arms Act. A bare perusal of contents of the application would reveal that the only ground for condonation, as raised in paragraph 2 therein, is that the complainant was under assurance of the Governm...
Rajesh Ukey Alias Suratlal Vs. Smt. Gyana Bai
Court: Madhya Pradesh
Decided on: Jul-31-2013
M.C.C.No.919/2013 31.07.2013 Mr.Jaideep Sirpurkar, learned counsel for the applicant. Learned counsel for the applicant submits that the respondents were not represented as the case has been dismissed on account of non-compliance of peremptory order with regard to payment of court fees. Heard on I.A.No.8325/2013, an application for condonation of delay. For the reasons stated in the application which is duly supported by an affidavit, I find sufficient cause for condonation of delay in filing the application for restoration is made out. The delay is condoned. Accordingly, I.A.No.8325/2013 is allowed. Learned counsel for the applicant submits that Second Appeal preferred by the appellant was dismissed vide peremptory order dated 28.1.2013 by a Bench of this Court. It is further submitted that due to paucity of funds, the appellant/applicant could not pay the court fees within given time limit. In support of his submission, learned counsel for the applicant has filed an affidavit of the ...
Smt.Anjana Mathur Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2013
1 HIGH COURT OF MADHYA PRADESH : JABALPUR WRIT PETITION No.10355/2005 (S) Smt. Anjana Mathur Vs. State of Madhya Pradesh & others ____________________________________________________________ Present : Honble Shri Justice K.K. Trivedi ____________________________________________________________ Shri Sharad Verma, learned Counsel for the petitioner. Shri Puneet Shroti, learned Panel Lawyer for respondents- State. ____________________________________________________________ ORDER (31/07/2013) The petitioner, who was working as Sister Tutor in the Health Services of the Government of Madhya Pradesh, has approached this Court by way of filing this writ petition under Article 226 of the Constitution of India seeking direction to consider and promote the petitioner on the post of Senior Sister Tutor. It is contended that the petitioner was working on the post of Sister Tutor on which post she was promoted on 29.06.2000. After assuming the duties, she has sincerely, honestly and with devotion ...
Vinod Gotiya Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-31-2013
Writ Petition No.12826/2013 31.07.2013 Shri S. Pandey, learned counsel for the petitioner. The petitioner sought following reliefs:- 1. To call for the entire records from the office of the respondents, apropos of proceedings taken while passing the impugned order dated 20.5.2013.2. To quash the order dated 20.5.2013 passed by the Collector, Katni, i.e.respondent no.2.3. To direct the respondents to comply with and implement the order dated 01.03.2013 passed by the State Government.4. To issue any writ, order or direction which may deem fit in the circumstances of the present case. The petitioner is challenging the orders Annexures P-1 and P-3 by which the work of construction of E- Panchyat Bhawans under Bharat Nirman Rajeev Gandhi Sewa Kendra. in most of the Panchyats have been assigned to Rural Engineering Services Division, Katni, which is a Government Agency. After arguing the matter, petitioner seeks withdrawal of this writ petition. Prayer is allowed. This writ petition is dismi...
The State of Madhya Pradesh Vs. Rajesh Dwivedi
Court: Madhya Pradesh
Decided on: Jul-31-2013
M.Cr.C.No.3628/2012. 31.7.13 As per B.D.Rathi,J Shri Yogesh Dhande, Government Advocate for the applicant-State. 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 14/11/11 passed by Additional Judge to the Court of I Additional Sessions Judge, Panna, in Sessions Trial No.162/2009, whereby respondent has been acquitted of the offences punishable under Sections 467 & 468 of the Indian Penal Code (IPC. for short).Prosecution case, in brief is that, respondent Rajesh Dwivedi forged a No Dues Certificate. purporting it to be issued by Madhya Bharat Gramin Bank, Branch Devendra Nagar, for the purpose of cheating State Bank of India, Branch Panna to obtain a loan of Rs.9 lacs, whereas intimation received from Madhya Bharat Gramin Bank indicated that he had outstanding dues amounting to Rs.80,774/- and Rs.53,431/- respectively towards Kisan Credit...
Basant Thakur Vs. Abdul Mukeem Shah
Court: Madhya Pradesh
Decided on: Jul-31-2013
Second Appeal No.411/2013 31.07.2013 Mr. S.P. Tripathi, learned counsel for the appellant. Mr. A.P. Singh, learned counsel for the respondent. Heard on the question of admission. This appeal has been filed by the tenant, who has suffered a decree for eviction on the ground of arrears of rent and on the ground of denial of title under Section 12(1) (a) and 12(1)(c) of the Madhya Pradesh Accommodation and Control Act (hereinafter in short referred to as the Act.) from the lower appellate Court.2. Facts giving rise to filing of the appeal briefly stated are that the plaintiff filed a suit for eviction on the ground that he purchased the suit house vide registered sale-deed dated 22.03.2001 from one Hanif Khan thereafter the defendant became tenant of the plaintiff on monthly rent of Rs.300/-. It was further pleaded that the defendant is in arrears of rent since October, 2003 and the plaintiff is in bonafide need of the suit accommodation for the purposes of residence and that he has no re...
Devesh Kori Vs. the Rajeev Gandhi Pradyogiki Vishwavidyalaya
Court: Madhya Pradesh
Decided on: Jul-31-2013
W.P.No.1339531. 7/2013: Shri R.P.Singh, learned counsel for the petitioner. Shri S. Jyotishi, learned counsel for respondent No.1. Petitioner was a student who was admitted to the B.E.CouRs.conducted by the Rajeev Gandhi Pradyogiki Vishwavidyalaya, Bhopal. Petitioner was admitted to the CouRs.in the year 2000 and as per clause 5.3 of the Ordinance applicable to the University the duration of the couRs.was 8 yeaRs.Petitioner appeared in the final year 7th Semester B.E.Mechanical Engineering Examination which was conducted in December 2008 and is said to have failed in one of the subject. Thereafter petitioner was given a special mercy last attempt in which also he is said to have failed. However, when the petitioner's result for the subject in question i.e.Heat and Mass Transfer which was held on 9.6.2009 and when his result was not declared, he has filed this writ petition and the prayer made is that the result of the examination held on 9.6.2009 for the 7th Semester B.E.Examination in...
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