Madhya Pradesh Court August 2013 Judgments
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Mrs.Brena Fernandez and ors. Vs. the Union of India and ors.
Court: Madhya Pradesh
Decided on: Aug-20-2013
1 Writ Petition No.2311 of 2004 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava Writ Petition No.2311 of 2004 PETITIONERS:1. Mrs. Brena Fernandez, Aged about 36 years W/o Mr. John Fernandez 2. Augustine Vellis, Aged about 43 years, S/o Late Shri Fredrick Vellis. Both residents of Beach Avenue, Jabalpur Cantt. Versus RESPONDENTS:1. Union of India Through the Secretary Ministry of Defence, Raksha Bhavan, New Delhi 2. Defence Estates Officer, Near Kalpana Cinema, Jabalpur Cantt.3. Ashok Mehrotra 4. Raj Mehrotra 5. Dr. Mukesh Mehrotra Nos. 3 to 5 are sons of Late Mr. R.D. Mehrotra, and residents of 2, Beach Avenue, Jabalpur Cantt. (M.P.) ______________________________________________________ Shri Girish Shrivastava, Advocate for the petitioners. Shri Vikram Singh, Advocate for the respondents No.1 and 2. 2 Writ Petition No.2311 of 2004 ORDER (20.08.2013) The order passed in this petition shall also govern the disposal of connected W.P. No.28791/2003...
Jeewan Lal Sahu Vs. Mst.Lalli Bai and ors.
Court: Madhya Pradesh
Decided on: Aug-20-2013
HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR Second Appeal No.192/2005 Jeewan Lal Sahu s/o. Nanchuni Sahu. Vs. Mst. Lalli Bai w/o. Late Krishna Ballabh & Others. Counsel for the appellant : Mr. D.N. Shukla, Advocate with Mr. Brajesh Mishra, Advocate. Counsel for the respondents : None. Present : Honble Mr. Justice Alok Aradhe JUDGMENT (20.08.2013) This appeal is by the defendant, which was admitted by a Bench of this Court on the following substantial question of law :- Whether the impugned judgment can be sustained in view of the consideration of the documents i.e. Khasra Panchshala brought on the record as per order dated 5.1.2005 under Order 41 Rule 27 without having been proved in accordance with law ?..2. Facts giving rise to filing of the appeal briefly stated are that the plaintiffs filed a suit on the ground that the plaintiffs are owner of land bearing survey No.108 2 S . A . No 9. 2 0. 0 5 admeasuring 2.70 acres. It was further pleaded that the land of defendant i...
M/S M.S.Khurana Vs. Bhopal Vikas Pradhikaran
Court: Madhya Pradesh
Decided on: Aug-20-2013
1 C.R No.2368/1999 HIGH COURT OF MADHYA PRADESH AT JABALPUR CIVIL REVISION NO.2368/1999 APPLICANT : M/S M. S. KHURANA Vs. RESPONDENT : BHOPAL VIKAS PRADHIKARAN Present : Hon'ble Shri Justice Rajendra Menot Hon'ble Shri Justice R.S. Jha. For the applicant : Shri V. R. Rao, Senior Counsel with Shri S. Rao, Advocate. For the respondent : Shri Gaurav Tiwari, Advocate. -------------------------------------------------------------------------------------- JUDGMENT (20/08/2013) Per Hon. R. S. Jha, J:- The applicant has filed this revision being aggrieved by the award dated 30.6.1999 passed by the M.P. Arbitration Tribunal, Bhopal (hereinafter referred to as 'the Tribunal') in Reference Case No.135/1993.2. The brief facts, leading to the filing of the present revision, are that the applicant was awarded contract for construction of Academic Complex of the Indian Institute of Forest Management with kitchen/dining block including internal water supply, sanitary and electrical fittings at Bhopal....
Jawahar Lal Nehru Krishi Vishwavidyalay Vs. Municipal Corporation
Court: Madhya Pradesh
Decided on: Aug-20-2013
1 HIGH COURT OF MADHYA PRADESH : JABALPUR BEFORE HONBLE SHRI JUSTICE SANJAY YADAV, J.Writ Petition No.21854/2011 Jawahar Lal Nehru Krishi Vishwa Vidyalaya Versus Municipal Corporation, Jabalpur and another. ------------------------------------------------------------------------------------ Shri P.N.Dubey, learned counsel for the petitioner. Shri Anshuman Singh, learned counsel for the respondents. ------------------------------------------------------------------------------------ ORDER (20.8.2013) Solitary issue raised for consideration vide this writ petition under Article 226 of the Constitution of India is as to whether the residential blocks situated within the precincts of the petitioner-University to house the teachers and staff of the University would be subject to property tax under sections 132 and 135 of the Madhya Pradesh Municipal Corporation Act, 1956, when the other buildings and lands and portions thereof used exclusively for educational purposes have been exempted und...
RiyazuddIn Vs. Defence Estate Officer and ors.
Court: Madhya Pradesh
Decided on: Aug-20-2013
1 Writ Petition No.28973 of 2003 HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K.Shrivastava Writ Petition No.28973 of 2003 PETITIONER: Riyazuddin S/o Fasjuddin, Aged about 32 yeaRs.R/o Bungalowno.2, Beach Avenue Road, Jabalpur Cantt. Versus RESPONDENTS:1. Defence Estate Officer, Office of the Estate Defence Near Kalpana Talkies, Cantt, Jabalpur 2. Ashok Mehrotra 3. Raj Mehrotra 4. Dr. Mukesh Mehrotra Nos.2 to 4 all sons of Late R.D.Mehrotra and residents of Mehrotra Compound, Bungalow No.2, Beach Avenue road, Cantt. Jabalpur (M.P.) No.2 to 4 were proceeded ex- parte in the Court below ______________________________________________________ Shri Girish Shrivastava, for the petitioner. Shri Vikram Singh, learned counsel for the respondent No.1. 2 Writ Petition No.28973 of 2003 ORDER (20.08.2013) For the reasons stated in the order passed today in W.P.No.2311/2004 (MRS.Brena Fernandez and another vs Union of India and others).this petition succeeds and is here...
Satish Malvi Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-20-2013
1 Writ Petition No. 4142 Of 2012 20.8.2013 Shri Amit Khatri, learned counsel for the petitioner. Shri S.S. Bisen, learned Government Advocate for respondent Nos. 1, 2 and 3. Shri Dinesh Agrawal, learned counsel for respondent No. 5. Shri N.K. Agrawal, learned counsel for respondent No. 7. None for respondent Nos. 4 and 6. Heard. Order dated 21.11.2011 passed by Additional Collector, Chhindwara, allowing the appeal preferred by respondent No. 5 against the order dated 31.10.2011 passed by Sub Divisional Officer, cum Prescribed Authority under Section 40 of Madhya Pradesh Panchayat Raj and Gram Swaraj Adhiniyam, 1993 is being assailed in this petition. Complaint by the petitioner in respect of alleged financial irregularity by respondent Nos. 5, 6 and 7 regarding issuance of work order and the payment thereof led to a proceeding under Section 40 of 1993 Adhiniyam before the Sub Division...
D.P. Sharma Vs. the State of M.P. and ors
Court: Madhya Pradesh
Decided on: Aug-20-2013
HIGH COURT OF MADHYA PRADESH : JABALPUR. Writ Petition No.22427/2003 (O.A.No.624/2003) D.P.Sharma versus State of M.P.and otheRs.PRESENT : Honble Shri Justice K.K.Trivedi.J.Shri Sanjay Seth, learned counsel for the petitioner. Shri Rajesh Tiwari, learned Govt. Advocate for respondents No.1 to 3. None for respondents No.4 and 5 though served. ORDER (20.8.2013) This petition was originally filed as Original Application before the M.P.Administrative Tribunal, Jabalpur, ventilating the grievance with respect to the promotion of respondents No.4 and 5 on the post of Principal Class-II, superseding the claim of petitioner vide order dated 5.2.2003. The Original Application has remained pending when the Tribunal was closed and the same is transmitted to this Court and is registered as writ petition. 2: It is the contention of the petitioner that he was initially appointed on the post of Instructor on 9.6.1962 in the Industrial Training Institute. Later on, the petitioner was promoted on the p...
Motilal and ors. Vs. Director, National Park, Panna and anr.
Court: Madhya Pradesh
Decided on: Aug-20-2013
HIGH COURT OF MADHYA PRADESH : AT JABALPUR FiRs.Appeal No :258. of 1998 Motilal and Others - V/s - Director, National Park, Panna and State Present : Honble Shri Justice Rajendra Menon. Honble Shri Justice R.S.Jha. -------------------------------------------------------------------------------------- Shri Hemant Namdeo, counsel for the appellants. Smt. Nirmala Naik, Govt. Advocate, for the respondents. -------------------------------------------------------------------------------------- Whether approved for reporting: Yes / No.JUDGMENT 20/08/2013 Challenge in this appeal under section 96 of the Code of Civil Procedure is made to a judgment-dated 4.3.1998 passed by District Judge, Panna in Civil Suit No.14-A/1995, whereby a suit filed by the appellants/plaintiffs for declaration has been rejected. 2- In the suit in question, appellants/plaintiffs sought a declaration to the effect that an order-dated 21.6.1994 passed by the District Collector, Panna in Revenue Case No.40A-63/92-93 unde...
Pehal Vs. Union of India
Court: Madhya Pradesh
Decided on: Aug-20-2013
W.P.No.10488 of 2013 (PIL) 20/08/2013 Shri Siddharth Gulatee, Advocate for the petitioner. Shri Abhay Pandey, Advocate for the respondent No.1. Shri Samdarshi Tiwari, Government Advocate for the respondent Nos.2 to 7. Shri Tiwari prays for two weeks' time to seek instructions in the matter that before grant of lease, clearance from the concerned authorities for felling the trees was obtained or not. Be listed for hearing immediately after two weeks. Till the next date of hearing, it is directed the respondent No.8 shall not fell any tree in the mining area which has been alloted to it vide lease deed dated 06th September, 2006 without seeking prior permission of this Court. The petitioner shall serve a copy of this petition along with ad-interim writ to respondent No.8 forthwith by speed post within 48 houRs.Certified copy as per rules. (Krishn Kumar Lahoti) (Subhash Kakade) Acting Chief Justice Judge SJ/-...
Adarsh Balak Mandir Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-20-2013
W.P.NO.14555/2010 20.08.2013 Shri P.R.Bhave, learned Senior Counsel with Shri L.N.Sakle, learned Counsel for the petitioner. Shri V.S.Shroti, learned Senior Counsel with Shri Vikram Johari, learned Counsel for respondents. The present petition is in respect of 1.97 acres of land bearing plot Nos.237, 238 and 239 of Harda town, in Harda tehsil, District Hoshangabad, wherefor the petitioner seeks writ of certiorari for quashment of orders dated 08.10.2005 and 15.04.2010 whereby the allotment has been cancelled. The petitioner further seeks a direction to the respondents to grant permission to the petitioner-society as sought for and to further restrain the respondents from taking any coercive steps against the petitioner. When the matter is taken up today, it is stated by learned counsel for the respondents that issue raised in this petition, the petitioner had preferred a Civil Suit: Civil Suit No.19-A/2012 before FiRs.Additional District Judge, Harda, instituted on 03.06.2005. It is ur...
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