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Madhya Pradesh Court August 2013 Judgments

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Aug 23 2013

Girdhari Lal Sen Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Aug-23-2013

W.P.NO.13553 / 2013 (Girdhari Lal Sen ..Vs..State of M.P.& ors.) 22.8.2013 Smt. Sudha Gautam, learned counsel for the petitioner. Shri S.M.Lal, learned Government Advocate for the respondent/State. The learned counsel appearing for the parties submits that the present petition filed by the petitioner seeking appointment on the post of Samvida Shala Shikshak Grade III can be disposed of in view of the order passed in W.P.No.14778/2012 decided by this Court on 11-9-2012 in the following terms : At the outset learned counsel for the petitioners submits that issue raised in the present petition is squarely covered by a decision in Anil Bhatt and others v. State of M.P.and otheRs.W.P.No.91/11 (s) decided on 21.02.12. In this petition the petitioners call in question the illegality of order dated 5.10.09, 7.12.09 and 15.12.09. By these orders as apparent therefrom eligibility criteria for the selection to the post of Contract Teacher Grade-III, was changed. By order dated 5.10.09 it was stip...


Aug 23 2013

Narendra Nath Mishra Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Aug-23-2013

W.P.No.14278/2013 (N.N.Mishra versus State of MP and otheRs.23.08.2013 Heard Shri Sankalp Kochar, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 10.07.2013 by which while imposing the penalty of stoppage of increments cumulatively, the authority has denied the petitioner full salary during the period of suspension and has transferred the petitioner from Community Health Centre Govindgarh District Rewa to District Hospital Sidhi. It is submitted by the learned counsel for the petitioner that while, admittedly the petitioner has a remedy of appeal against the impugned order he has assailed the same in the present petition before this court on account of the fact that the authority while passing order of punishment under the rules has also imposed punishment of transfer which is not permissible under the rules and therefore, the impugned order is beyond the authority vested in the di...


Aug 23 2013

Nepal Singh Rathore Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Aug-23-2013

W.P.No.13792/2013 (N.S.Rathore versus State of MP and otheRs.23.08.2013 Heard Smt. Amrit Ruprah, learned counsel for the petitioner on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 15.07.2013 by which he has been transferred as Panchayat Secretary from Gram Panchayat Khamariya, Tahsil and Janpad Panchayat Dhanora District Seoni to Gram Panchayat Bega Pipariya, Janpad Panchayat, Lakhnadoun. It is submitted that the impugned orders are contrary to Clause 4 of the transfer policy which provides for transferring a Panchayat Secretary to an adjacent Gram Panchayat. The petitioner also alleges violation of the other clauses of the 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 ...


Aug 23 2013

Santosh Kumar Vs. Collector

Court: Madhya Pradesh

Decided on: Aug-23-2013

W.P.No.13585 / 2013 (Santosh Kumar---Vs.---Collector, Dindori & another) 23-08-2013 Shri Raghvendra Singh, learned counsel for the petitioner. Heard on the question of admission. The learned counsel appearing for the petitioner after arguing at length, prays for permission to withdraw the petition with liberty to move an application in the pending writ petition i.e.W.P.No.7677/2013 (Vishwanath Jaiswal versus Chief Executive Officer and others).The petition is accordingly permitted to be withdrawn with the aforesaid liberty. A copy of this order be sent to the respondents and be attached to the record of W.P.No.7677/2013 (Vishwanath Jaiswal versus Chief Executive Officer and others).C.C.as per rules. ( R.S.Jha ) Judge mct...


Aug 23 2013

Vishvanath Kanojiya Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Aug-23-2013

W.P.No.14321/2012 Vishwanath Kanojia vs. State of M.P. & ORS.1 23.08.2013 Heard Shri K.N.Pethia learned counsel for the petitioner, on the question of admission. The petitioner has filed this petition being aggrieved by order dated 24.7.2012 by which the petitioner's representation claiming regularization on Class-IV post has been rejected pursuant to the direction issued by this Court for consideration of the petitioner's representation in W.P No.2451/2012(S) dated 15.2.2012. The learned counsel for the petitioner submits that the petitioner was initially engaged on daily wage by the Collector, Chhindwara and was working in the Collectorate since 1981. Thereafter the petitioner was engaged in the Contingency Paid Department in February 1984. It is submitted that subsequently the petitioner was shifted to the Mining Department in February 1984 by the Dy. Collector Chhindwara and since then he has been working as daily wager in the Mining Department. As the petitioner was being continu...


Aug 22 2013

Smt.Meena Vs. Manish Ratan

Court: Madhya Pradesh

Decided on: Aug-22-2013

Smt. Meena versus Manish Ratan FiRs.Appeal No ::645. 22. 08.2013. Shri Kaushtubh Jha, learned counsel for the appellant. None appears for the respondent. Challenging a finding recorded by the trial court only to the extent of denying return of certain cash, said to have been given on dowry, by the appellant's father at the time of marriage to the respondent/husband, this appeal has been filed by the appellant challenging the judgment and decree passed by the trial court in part. Appellant herein had filed the suit in question before the II Additional District Judge, Teekamgarh under Section 13 of the Hindu Marriage Act for dissolution of her marriage with the respondent/husband and sought for return of all the dowry and items given by her parents to the respondent/husband at the time of marriage. The suit have been decreed in part. The marriage between the parties has been dissolved and except for returning certain amount said to have been given in cash further decree had been passed f...


Aug 22 2013

The State of Madhya Pradesh Vs. Raj Kumar Jain

Court: Madhya Pradesh

Decided on: Aug-22-2013

M.Cr.C.No.7232/2012 22.8.13 Per B.D.Rathi,J Shri A.Adhikari, Standing Counsel for the applicant-SPE Lokayukt. 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 19/3/2012 passed by Special Judge (under the Prevention of Corruption Act, 1988 (for short the Act.).at Sagar, in Special Case No.4/2003, whereby respondent has been acquitted of the offence under Sections 13(1)(e) and 13(2) of the Act. Prosecution case, in brief, is that during the period 1/1/1979 to 30/12/1999, respondent Raj Kumar Jain, while working as Sanitary Inspector in the Food and Drug Administration Department (CMO Office).Sagar, amassed Rs.21,50,352/- in disproportion to his known sources of income. Learned Standing Counsel submitted that the trial Court had not properly appreciated the evidence on record and the judgment of acquittal deserved to be i...


Aug 22 2013

The State of Madhya Pradesh Vs. Ravi @ Panji

Court: Madhya Pradesh

Decided on: Aug-22-2013

M.Cr.C.No.932/2012 22.8.13 Per B.D.Rathi,J Shri S.K.Kashyap, Government Advocate for the applicant- State. 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 31/10/2011 passed by II Additional Sessions Judge, Mandla, in Sessions Trial No.143/2008, whereby respondents have been acquitted of the offences punishable under Sections 302 in alternative 302/34, 201 in alternative 201/34 and 404 in alternative 404/34 of the Indian Penal Code (IPC. for short).Prosecution case, in brief, is that on 23/6/08 dead body of an unknown person was recovered from Higna Nala upon the information of Rajkumar Bairagi (PW4).Jagdish Jharia (PW6) along with his son Rajesh Jharia (PW5).upon seeing the photographs of the dead body published in the media, identified it to be that of his son Vinot Jharia. Jagdish Jharia (PW6).Rajesh Jharia (PW5).Sa...


Aug 22 2013

indradeo Singh Vs. the State of M.P. and anr.

Court: Madhya Pradesh

Decided on: Aug-22-2013

1 Writ Petition No.1938 of 2004 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava Writ Petition No.1938 of 2004 PETITIONER: Indradeo, son of Shri Rang Bahadur Singh,aged about 43 years, r/o Dhanpuri, through its Power of Attorny Holder Lav Kesh Singh (Adopted), r/o Dhanpuri, Behind Municipal Office, Police Station Dhanpuri, District Shahdol (M.P.) Versus RESPONDENTS:1. State of Madhya Pradesh, Through -Collector, Shahdol, District Shahdol (M.P.) 2. Sub Area Manager, S.E.C.L., Burhar, Sub Area Post Office Dhanpuri, District Shahdol (M.P.) ______________________________________________________ Shri D.N. Shukla, Advocate for the petitioner. Shri Sudesh Verma, Government Advocate for the respondent No.1/State. Shri Anoop Nair and Shri Rajas Pohankar, Advocates for the respondent No.2. ORDER (22.08.2013) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner seeks following relief :- 2 Writ Petition No.1938 of 2004 It ...


Aug 22 2013

Smt. Aneeta Rajpoot Vs. Smt. Saraswati Gupta

Court: Madhya Pradesh

Decided on: Aug-22-2013

(1) W.P. No.11990/2012 HIGH COURT OF M. P. JUDICATURE AT JABALPUR Single Bench : Hon'ble Shri Justice A.K. Shrivastava Writ Petition No.11990/2012 Petitioner : Smt. Aneeta Rajpoot, W/o. Ramkesh Rajpoot, R/o. Plot No.43/1 New Jagdamba Colony, Cherital Ward, Jabalpur (M.P.) Versus Respondent : Smt. Saraswati Gupta, W/o. Chhatradhari Gupta, R/o. House No.430, Agha Chowk, Ujarpurwa Jabalpur (M.P.) _________________________________________________________ Shri Amitab Gupta, Advocate for petitioner. Shri Amod Gupta, Advocate for respondent. _________________________________________________________ Date of hearing :16. 08/2012 Date of order : /08/2012 ORDER (Passed on this day of August, 2012) By this petition under Article 227 of the Constitution of India, the petitioner is challenging that part of the impugned order dated 27.06.2012 by which the defendants (petitioners) application under Section 65 of the Indian Evidence Act, 1872 (in short Evidence Act.) (2) W.P. No.11990/2012 has been rej...


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