Madhya Pradesh Court August 2013 Judgments
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Prakash Chand Bairagi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-26-2013
Prakash Chand Bairagi & ORS.versus State of M.P.& ORS.W.P.No.14516/2013 26/08/2013 Shri Shakti Kumar Soni, learned counsel for the petitioneRs.Shri K.S.Wadhwa, learned Additional Advocate General for Respondent Nos.1 & 2. Shri Shiv Kumar Shrivastava, learned counsel for the respondent No.3. Respondents are directed to examine the case of the petitioners also in accordance with the directions already issued by this Court on 7.8.2012 in W.P.No.15025/2011 (Smt. Vartika Tripathi versus State of M.P.& Ors.) and decide the same in the light of the directions issued as indicated hereinabove. With the aforesaid, the petition stands disposed of. Certified Copy as per rules. (Rajendra Menon) (Smt.Vimla Jain) Judge Judge nd...
Dr. Vinod Yadav Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-26-2013
W.P.No.14192/2013 (Dr. Vinot Yadav versus State of MP and another) 26.08.2013 Heard Shri A.P.Shroti, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 06.08.2013 on the ground that it amounts to frequent transfers and has been issued without permitting the petitioner to complete his three years tenure in the place of posting. The petitioner alleges that he has been transferred in violation of the transfer policy. 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 alleged to be contrary to the policy, the appropriate remedy of the petitioner is to approach the authority themselves by filing a representation. In view of the aforesaid, without entering into the merits of the case the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files a rep...
The State of Madhya Pradesh Vs. Gorishankar
Court: Madhya Pradesh
Decided on: Aug-26-2013
Misc. Criminal Case No.650/2012 26.8.2013 Per : B.D.Rathi, J. Shri S.K.Kashyap, learned Government Advocate for the applicant-State. 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) against the acquittal of respondent of the offence punishable under Sections 302/34, 394 and 201 of the Indian Penal Code (for short, 'the IPC') and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act.).The corresponding judgment was passed by Special Judge (under the Act) at Tikamgarh in Special Sessions Trial No.16/2010 on 12.8.2011. Prosecution story, in brief, is that on 17.10.2009 at about 12 noon Kamlapat Ahirwar, resident of Harpura informed at Police Station Budera, District Tikamgarh that when he was at home, his uncle, Chitua Ahirwar informed him that when he had gone to answer the call of nature at about 8:30 am, he saw a dead body in semi-bu...
State Bank of India Vs. Smt.Tasneem Hussain
Court: Madhya Pradesh
Decided on: Aug-26-2013
1 First Appeal No.908/2005 HIGH COURT OF MADHYA PRADESH AT JABALPUR SINGLE BENCH PRESENT : HON'BLE SHRI JUSTICE N. K. GUPTA FIRST APPEAL NO.908/2005 State Bank of India -VERSUS- Smt. Tasneem Hussain ................................................................................................. Shri Ashish Shroti, counsel for the appellant. Shri Ashok Lalwani, counsel for the respondent. .................................................................................................... JUDGMENT (Delivered on the 26th day of August, 2013) The appellant has preferred the present appeal against the judgment and decree dated 5.7.2005 passed by the 4th Additional District Judge, Bhopal in Civil Suit No.14-A of 2004 whereby a money decree of Rs.1,38,848/- along with the interest was given in favour of the respondent/plaintiff.2. The admitted facts of the case are that the appellant/Bank was a tenant in the building Sakina Villa. situated in Arera Colony, Bhopal since 12.10.1987 up to 28.2....
Shabana Begam Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-26-2013
W.P.No.14044/2013 Smt. Sabana Begum vs. State of M.P. & ORS.1 26.08.2013 Heard Shri Priyankush Jain learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 29.5.2013 by which the petitioner has been informed that as she has not been found fit for continuing in service, she shall stand compulsorily retired w.e.f.31.8.2013 in view of the provisions of Rule 42 of the M.P.Civil Services (Pension) Rules, 1976. The learned counsel for the petitioner submits that the service record of the petitioner is good and there is no deterioration in the same and in such circumstances the impugned notice, proposing to compulsory retire the petitioner w.e.f.31.8.2013, is contrary to law and amounts to illegal exercise of powers and without application of mind. The learned counsel for the petitioner, however, submits that in the light of the order passed by this Court in W.P No.10992/2013, as the petitioner...
Ku. Chhama Yadav Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-26-2013
Cr.A.No.1755/2011 26.8.13 Per B.D.Rathi,J Shri Jitendra Sharma, Advocate for the appellant. Shri C.K.Mishra, Government Advocate for the respondent no.1-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 30/06/2011 passed by Sessions Judge, Sessions Division, Hoshangabad, in Sessions Trial No.332/2010, whereby respondent No.2 has been acquitted of the offence punishable under Sections 376(1) and 506 Part-II of the Indian Penal Code (IPC. for short).Prosecution case, in brief, is that on 25/2/10 at about 11 p.m., when the prosecutrix was returning to her room after answering the call of nature, respondent no.2 caught hold of her, threw her on the ground and after pressing her mouth subjected her to rape. After commission of the offence, when the respondent removed his hand, prosecutrix shouted. Hearing her voice, as family members of the prosecutrix, ...
Rewanchal Education College Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-26-2013
Writ Petition No ::17917. / 2011 Rewanchal Education College versus State of MP and others 26.08.2013. Shri Vikram Singh for the petitioner. Shri Kumaresh Pathak, Dy. AG, for State. Shri V. Mishra for respondents 2 and 3. Shri K.K.Singh for respondent No.4. Shri Tabrej Sheikh for respondent No.5. The college in question has filed this writ petition seeking regularization of the admission granted to the students in the B.Ed CouRs.for the academic session 2007-08. The institute in question was not recognized not was granted affiliation for the year in question. The matter came up before this Court and thereafter travelled to the Supreme Court in a SLP filed and the Supreme Court in the case of Abhudya Sanstha versus Union of India and otheRs.in Civil Appeal Nos.4305-4306/2011, has already dismissed the petition and the recognition granted to the petitioner/institute has been found to be unsustainable. In view of the order passed by the Supreme Court, not no relief can be granted to the p...
The State of Madhya Pradesh Vs. Sheikh, Hafiz
Court: Madhya Pradesh
Decided on: Aug-26-2013
M.Cr.C.No.3830/2012 26.8.13 Per B.D.Rathi,J Shri Yogesh Dhande, Government Advocate for the applicant-State. Heard on admission. This application for grant of leave to file appeal has been preferred under Section 378(3) of the Code of Criminal Procedure (for short the Code.) being aggrieved with the judgment dated 7/1/2012 passed by the FiRs.Additional Sessions Judge, Burhanpur, in Sessions Trial No.55/2009, whereby respondents have been acquitted of the offences under Sections 147, 148, 302/149, 323/149, 294, 336, 188 and 395 of the Indian Penal Code (IPC. for short).Prosecution case, in brief, is that on 10/10/2008, between 3.30 to 4 p.m., communal riots having broken out in the Burhanpur City, complainant Suresh Shukla, a Tampo Driver along with his brother Rakesh Shukla returned to his home and parked the Tampo in front of his house. At that juncture, 10-12 rioters arrived and started pelting stones. When Rakesh came out of the Tampo, 2-3 miscreants, with an intention to cause his ...
P.K. Khobaragade Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-26-2013
1 W.P.No.14311/2013 P.K.Khobaragade State of M.P.& others 26.8.2013 Shri V.D.S.Chauhan, Counsel for petitioner. Shri SamdaRs.Tiwari, GA for respondents/State. Petitioner has sought following reliefs:- 1. That, this Hon'ble Court kindly may be kind enough to direct to the respondent N.4 to decide the representation of the petitioner dated 31/07/2013 and take action against the respondent No.5 for not compliance the order dated 21/01/07, 05/12/2008, 12/12/11 & 22/06/12 passed by the respondents, within stipulated period, in the interest of justice.2. That, this Hon'ble Court kindly may be kind enough to call entire record of this concerning petition.3. That any other relief, order or direction deem fit and proper in the fact and circumstances of the case may also granted together with the cost of the petition. Case of the petitioner is that in Balaghat District, various doctors/employees who were posted at some other places have been attached in the office Chief Medical and Health Office...
Beni Prasad Tyagi Vs. Devraj Birdi
Court: Madhya Pradesh
Decided on: Aug-26-2013
Beni Prasad Tyagi versus Deoraj Birdi Con.C.No.1588/2012 26/08/2013 Shri D.K.Tripathi, learned counsel for the applicant. Shri Sanjay Dwivedi, learned counsel for Respondent Nos.1 to 3. Respondents have filed an application seeking extension of time to comply with the order passed in W.P.No.1109/2011 mainly on the ground that all 1500 posts have been filled up, no further posts are available and, therefore, permission is sought for from the State Government to sanction the posts. On the contrary, petitioner has filed the reply to the said application and has indicated to this Court by filing various documents that more than 400 posts are lying vacant in various divisions as is indicated in the reply. Shri Sanjay Dwivedi to verify the matter and indicate to this Court as to why petitioner cannot be appointed to these posts, which are lying vacant. Let an affidavit in this regard be filed and the matter be listed in the week commencing from 16th of September, 2013. (Rajendra Menon) (Smt....
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