Madhya Pradesh Court August 2013 Judgments
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Dr. (Smt.) Kshama Pandey Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-22-2013
W.P.No.13467/2013 (Dr. (Smt.) Kshama Pandey versus State of MP and anther) 22.08.2013 Heard Shri Sanjay K. Agrawal, learned counsel for the petitioner on the question of admission and interim relief. Though the petitioner has filed this petition being aggrieved by order dated 26.10.2012 whereby the petitioner has been transferred from Sarojini Naidu Government Girls' P.G.College, Bhopal to Government College Jeerapur, District Rajgarh and has also joined the transferred place of posting and inspite of the fact that the petitioner has filed a representation on 12.12.2012 and again on 07.04.2013 received on 08.05.2013 but the respondents/authorities have not taken any decision thereon till date in accordance with clause 15 of the transfer policy, therefore, they be directed to do so. It is submitted that the petitioner has obtained information to the effect that no sanction post is available there and has also obtained information to the effect that she is a surplus as her date of postin...
Smt.Mamtesh Chaturvedi Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Aug-22-2013
1 HIGH COURT OF MADHYA PRADESH : JABALPUR W.P. No.3388/1997. Mamtesh Chaturvedi Vs. State of MP and others Present : Honble Mr. Justice R.S. Jha. For the petitioner : Shri V.K. Dubey, advocate. For the respondents : Shri Swapnil Ganguly, P.L. Nos. 1 to 3. ORDER (22.8.2013) The petitioner has filed this petition being aggrieved by the fact that the respondent nos. 4 and 5 are not giving compassionate appointment to the petitioner on the post of teacher in their school.2. The brief facts leading to the filing of the present petition are that the father of petitioner late Shri Indrabhan Tiwari was working as teacher in the School run by the respondents No.4 and 5 and died while in harness in the year 1992. Thereafter the son of the deceased employee Shailendra Kumar Tiwari applied for compassionate appointment and the Deputy Director Education, Satna issued an order o29. 01.1994 directing the respondents No.4 and 5 to appoint him on compassionate ground as teacher in their institution. Wh...
The State of Madhya Pradesh Vs. Sunderlal
Court: Madhya Pradesh
Decided on: Aug-22-2013
M.Cr.C.No.2192/2012 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 5/12/2011 passed by Sessions Judge, East Nimar, Khandwa in Sessions Trial No.103/11, whereby the respondent has been acquitted of the offence punishable under Sections 307 of the Indian Penal Code (IPC. for short).Prosecution case, in brief, is that on 20/3/11 at about 6 p.m., when Deepak, Old Sarpanch and Dayaram were returning after litting the bonfire of Holi, in the way respondent, while abusing, pelted a stone on the head of Deepak. Next day, the matter was reported at Police Station Khalwa. On medical examination, the said injury was found to be simple and, accordingly, the offence was found not cognizable. Later when Deepak complained of pain, in the Hospita...
The State of Madhya Pradesh Vs. Droptabai
Court: Madhya Pradesh
Decided on: Aug-22-2013
M.Cr.C.No.7235/2012 22.8.13 Per B.D.Rathi,J Shri Vijay Pandey, Deputy Advocate General, 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 1/3/2012 passed by Sessions Judge, East Nimar, Khandwa, in Sessions Trial No.141/11, whereby respondent has been acquitted of the offence under Section 302 in alternative 302 read with 34 and 201 of the Indian Penal Code (for short IPC.).Prosecution case, in brief, is that on 5/7/11, report was lodged by respondent to the effect that on the previous day at 8 p.m., her husband had gone out for consuming liquor and she along with her children had fallen asleep in the courtyard. In the morning, she found that Ramesh was lying dead in inside the house. During investigation, it surfaced that Ramesh, after consuming liquor, used to beat his wife and children and sub...
Satya Narayan Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-22-2013
Cr.A.No.2106/2010 & M.Cr.C.No.11210/2010 22.8.13 As per B.D.Rathi,J Shri S.K.Gangrade, Advocate for the appellant in Cr.A.No.2106/10. Shri Yogesh Dhande, Government Advocate for the respondent no.1-State in Cr.A.No.2106/10, as well as, for applicant-State in M.Cr.C.No.11210/10. Heard on admission. Judgment, under challenge, being the same, this common order shall govern the disposal of aforementioned appeal and application for leave to appeal. Cr.A.No.2106/10 has been preferred under Section 372 of the Code of Criminal Procedure (for short the Code.).whereas M.Cr.C.No.11210/10 is an application, under Section 378(3) of the Code, against the judgment dated 11/8/10 passed by II Additional Sessions Judge, Sohagpur, District Hoshangabad, in Sessions Trial No.227/08, whereby the accused persons have been acquitted of the offence punishable under Section 307 in alternative 307/34 of the Indian Penal Code (IPC. for short).while all the accused persons, except Suresh and Bharat, have been conv...
Dinesh Kumar Komra Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-22-2013
HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava Writ Petition No.13935 of 2007 PETITIONER: Dinesh Kumar Komra, S/o Shri Ram Singh, a/a 33 years, R/o Village & Post -Govindpur, Tahsil & District Kaanker, Chhatisgarh Versus RESPONDENTS:1. State of Madhya Pradesh, Through -Secretary, Mines and Mineral Resources Department, Vallabh Bhawan, Bhopal (M.P.) 2. The Collector-Balaghat, District Balaghat (M.P.) 3. M/s Shrikrishna Mining and Trading Syndicate, Tumsar, Bhandara (Maharashtra) ____________________________________________________ Shri Sankalp Kochar, for the petitioner. Shri Vivek Agrawal, learned Dy. Advocate General for the respondents/State. ORDER (22.08.2013) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the validity of the work order dated 12.6.2007 (Annexure P/6) passed in favour of respondent no.3 by the Collector (Mining Branch), Balaghat.2. No exhaustive statements of fact are ...
Smt. Rashmi Chaturvedi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-22-2013
W.P.No.14502/2013 (Smt. Rashmi Chaturvedi versus State of MP and anther) 22.08.2013 Heard Shri K.C.Ghildiyal, learned counsel for the petitioner on the question of admission and interim relief. The petitioner, who is Tahsildar, has filed this petition being aggrieved by order dated 07.08.2013 by which she has been transferred from Jabalpur to the Satna. The petitioner alleges that she had previously been transferred to Satna in 2008 and therefore, the impugned transfer order is contrary to the directions issued by the Election Commissioner itself. It is also submitted that the petitioner has small children aged about 3 years and 6 years respectively and the daughter of the petitioner suffers from ailment for which she is undergoing treatment in Jabalpur. 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 th...
D.K.Dubey,lrs- Smt. Savitri Dubey Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Aug-22-2013
1 HIGH COURT OF MADHYA PRADESH : JABALPUR WRIT PETITION No.16220/2003 (O.A. No.5504/2000) Devendra Kumar Dubey (since deceased), through LR : Smt. Savitri Dubey Vs. State Government of M.P. & others ____________________________________________________________ Present : Honble Shri Justice K.K. Trivedi ____________________________________________________________ Ms. Sonali Shrivastava, learned Counsel for the petitioner. Shri Lalit Joglekar, learned Panel Lawyer for respondents- State. ____________________________________________________________ ORDER (22.08.2013) This petition was originally filed as O.A. No.5504/2000 before the M.P. State Administrative Tribunal, Jabalpur by an ex-constable of the Police Department. The original application has remained pending before the Tribunal and was transmitted to this Court after closure of Tribunal and it is registered as writ petition. During the pendency of the petition, original petitioner had died and his widow has been substituted as lega...
Dr. Namita Neelkanth Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-22-2013
W.P.No.13958/2013 (Dr. Namita Neelkanth versus State of MP and otheRs.22.08.2013 Heard Shri Sanjay K. Agrawal, learned counsel for the petitioner on the question of admission and interim relief. The petitioner, who is working as Medical Officer on probation, has filed this petition being aggrieved by order dated 02.08.2013 by which she has been transferred from CHC Amla, District Betul to CMHO District Rajgarh. The petitioner alleges that she has only spent two years at her present place of posting and services of the petitioner are yet to be confirmed as she is still under probation and therefore, the impugned transfer order is 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 enterin...
Smt.Sudha Mankare Vs. Laxmi Prasad Mankare
Court: Madhya Pradesh
Decided on: Aug-22-2013
F.A.No.427/2000 22/8/2013: Shri G.S.Baghel, learned counsel for the appellant. None for the respondent. Challenging the judgment and decree dated 12.5.2000 passed by the 2nd Additional District Judge, Balaghat, dissolving the marriage solemnized between the parties, this appeal has been filed by the appellant wife under Section 28 of the Hindu Marriage Act. Facts in brief goes to show that the marriage between the parties was solemnized on 28.6.1988 in Chhindwara. The parties lived together for some time and a son was also born out of the wedlock. However, when the appellant wife started living separately, the respondent husband filed an application for restitution of conjugal rights. This application was allowed by the learned Trial Court i.e.the 3rd Additional District Judge, Chhindwara on 29.11.95 and when for a period of more than one year the appellant did not comply with the directions issued for restitution of conjugal rights, the suit in question was filed for dissolution of ma...
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