Madhya Pradesh Court August 2013 Judgments
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Hariom Swami Vs. General Manager, Zila Kendriya Shahkari Maryadit Bank
Court: Madhya Pradesh
Decided on: Aug-16-2013
W.P.No.13486/2013 (Hariom Swami versus General Manager, Zila Kendriya Sahkari Maryadit Bank and otheRs.16.08.2013 Heard Shri Bhagwan Singh, learned counsel for the petitioner on the question of admission and interim relief. The learned counsel for the petitioner after arguing at length submits that the present petition be disposed of with a direction to the Assistant Registrar, Cooperative Society, Panna to pass order on the representation of the petitioner seeking approval of appointment of the petitioner on the post of Salesman that has been made by the respondent No.3. In view of the limited prayer made by the learned counsel for the petitioner the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner furnishes a copy of the order passed today and a copy of the petition within 15 days from today, the authority concerned shall consider and decide the representation Annexure P/3 dated 15.07.2013 expeditiously, in accordance with law...
Ku. Shama Parveen Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-16-2013
W.A.No.702 o1. Ku. Shama Parveen vs. State of M.P. & others 16/08/2013 Shri K.C. Ghildiyal, Advocate for the appellant. Shri Piyush Dharmadhikari, Government Advocate for the respondents/State. Heard on admission.2. This appeal is directed against an order dated 15/07/2013, by which a writ petition preferred by the appellant against an order dated 29/06/2013, by which she was transferred from Maharani Laxmi Bai Girls Higher Secondary School, Chhindwara to Government Middle School, Markadhana, Block Junnardeo, District Chhindwara by cancelling the previous order dated 14/07/2012, was dismissed on the ground that in the earlier round of litigation in W.P.No.15167/2012, no such relief was granted to the appellant and the subsequent petition for the same relief was not maintainable.3. Learned counsel for the appellant has submitted that the appellant was working as Teacher at Government Middle School, Markadhana, Block Junnardeo. The appellant vide order Annexure P/1 dated 14/07/2012 was a...
Smt. Nanhi Bai Vs. Mohan Sugar Mills Ltd and ors
Court: Madhya Pradesh
Decided on: Aug-16-2013
F.A.No.155/1991 1 HIGH COURT OF MADHYA PRADESH, JABALPUR Single Bench: HON'BLE SHRI JUSTICE A.K.SHRIVASTAVA FiRs.Appeal No.155/1991 (Date of filing of Civil Suit :11. 03.1976) APPELLANT: Smt. Nanhi Bai (since deceased) Defendant No.3 by L.R Jamna Prasad s/o Moolchand Jasani (since deceased) not by L.Rs:- (I) Smt. Durgesh Jesani wd/o Late Jamna Prasad Jesani, (ii) Kranti Kumar s/o Late Jamna Prasad Jesani (iii) Shanti Kumar Jesani s/o Late Jamna Prasad Jesani (iv) Ku. Kirti Jesani d/o Late Jamna Prasad Jesani, All R/o Jesani Chowk, Harda, District Harda (M.P.) Versus RESPONDENTS 1 Mohan Sugar Mill Limited, Harda Plaintiff No.1 Registered Office, Harda. Plaintiff No.2 2. The Central Trading Company (Harda) Private Limited, Registered Office, Harda. Defendant No.1 3. Competent Authority (under M.P.and Ceiling on Agricultural Holdings Act).Harda. F.A.No.155/1991 2 Defendant No.2 4. Seth Ballabh Das (since deceased) not by LRs:- (a) Krishna Devi wd/o Seth Ballabh Das (b) Krishna Das s/o Se...
M/S Special Springs Vs. Ordnance Factory, Khamaria
Court: Madhya Pradesh
Decided on: Aug-16-2013
Arb.Case No.44/2012 16/8/2013: Shri Pankaj Dubey, learned counsel for the Applicant. Shri Praveen Namdeo, learned counsel for the respondents. This application has been filed under Section 11(6) of the Arbitration and Conciliation Act seeking constitution of an Arbitral Tribunal for adjudication of dispute between the parties. Work of supplying certain springs and other material used was given to the petitioner after the tender submitted by the petitioner was accepted and in pursuance to the negotiation that took place, an agreement was entered into between the parties. Clause 10 of the agreement in question contemplates an arbitration clause. not as a dispute with regard to execution of the contract has arisen between the parties, this application has been filed for constitution of an Arbitral Tribunal. Even though notices have been issued to the respondents, Shri Praveen Namdeo appearing for the respondents raised certain oral objection with regard to the dispute between the parties....
Durjan Prasad Ahirwar Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-16-2013
1 HIGH COURT OF MADHYA PRADESH : JABALPUR SINGLE BENCH : HON. SHRI JUSTICE G.S. SOLANKI Criminal Appeal No.2664/2011 Durgan Prasad Ahirwar Vs. State of M.P. Shri Sankalp Kochar, Advocate for the appellant Shri Y.D. Yadav, Panel Lawyer for the respondent. Date of hearing :08. 08.2013 Date of posting :16. 08.2013 JUDGMENT Appellant has preferred this criminal appeal under Section 378(2) of Criminal Procedure Code being aggrieved by judgment dated 10.11.2011 passed by Third Additional Judge to the Court of Fourth Additional Sessions Judge(F.T.C.), Damoh in S.T. No.182/2008, whereby the appellant has been convicted under Section 409 of I.P.C. and sentenced to R.I. for 2 years with fine of Rs.1,000/-, in default of payment of fine, he has to suffer further R.I. for three months.2. It is not disputed on record that appellant was Shiksha Karmi Class-III and he was Incharge Superintendent of Govt. Adivasi Balak Ashram, Sadpur, District Damoh.3. Facts in short that on 23.12.2005, Awadh Bihari R...
Secretary the State of Madhya Pradesh Vs. Anand Kumar Dwivedi
Court: Madhya Pradesh
Decided on: Aug-16-2013
W.A.No.129/2011 16.8.2013 Shri Samdarshi, learned Govt. Advocate for the appellants. Shri Prabhakar Singh, learned counsel for the respondent. I.A.No.1725/2011, for condonation of delay in fining the writ appeal. Considering the reasons stated in the application supported by an affidavit, the delay is condoned. The I.A.is accordingly allowed. Heard on the question of admission. It is submitted by the parties, that the controveRs.involved in this writ appeal is squarely covered by the decision of this Court in State of M.P.& others versus Jaan Mohammad Khan (Writ Appeal No.1234/2010).decided on 15-12-2012 and similar directions may be issued. In Jaan Mohammad Khan (supra) the Division Bench has considered the similar controveRs.thus: These intra-Court appeals have been preferred against the orders passed by learned Single Judge in writ petitions by which learned single Judge directed the appellants, herein to give appointments to the respondents on regular basis in the post of LDC as pe...
Parag Dubey Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-16-2013
Review Petition No.412/2013 16.08.2013 Mr.Devesh Khatri, learned counsel for the petitioner. Mr.Vijay Soni, learned Panel Lawyer for the respondents No.1 to 3. Heard. This application has been filed seeking recall of the order dated 21.03.2013 passed in writ petition No.3964/2013 (s).Learned counsel for the petitioner submits that the petitioner holds D.Ed. degree. However, inadvertently it was stated that the petitioner holds B.Ed. degree, the writ petition was disposed of in the light of order passed by this Court in the case Smt. Sanyogita Thakur namely W.P.No.4529/2013 (s).The fact that the petitioner possess D.Ed. degree is not disputed by learned Panel Lawyer. In view of aforesaid, order dated 21.03.2013 is hereby recalled. Writ Petition No.3964/2013 (s) is restored to file. In the result, the review petition is allowed. (Alok Aradhe) Judge RC...
Smt.Supatia and anr. Vs. Smt.Phulmati and Orss.
Court: Madhya Pradesh
Decided on: Aug-16-2013
Second Appeal No.1408/2005 16.08.2013 Mr.J.N.Tripathi, learned counsel for the appellants. None for the respondents. Heard on I.A.No.4785/2012. Learned counsel for the appellants submitted that the appellants are in possession of the land in question, however, respondents are trying to interfere in the possession of the appellants and are trying to create third party interest in respect of the suit land and in case they are not restrained, the same would lead to unnecessary complications. Taking into account the submissions made by learned counsel for the appellants and in view of the law laid down by the Supreme Court in Maharwal Khewaji Trust (Regd.).Faridkot versus Baldev Dass, (2004) 8 SCC 488.it is directed that status-quo as it exists on today shall be maintained by the parties. I.A.No.4373/2008 shall be considered at the time of final hearing of the appeal. Certified copy as per rules. (Alok Aradhe) Judge RC...
State of M.P. and ors Vs. Mohan Sugar Mills Limited and ors.
Court: Madhya Pradesh
Decided on: Aug-16-2013
F.A.No.110/1991 1 HIGH COURT OF MADHYA PRADESH, JABALPUR Single Bench: HON'BLE SHRI JUSTICE A.K.SHRIVASTAVA FiRs.Appeal No.110/1991 (Date of filing of Civil Suit :11. 03.1976) APPELLANTS:1. State of Madhya Pradesh through Defendant No.1 the Collector, Hoshangabad. Defendant No.4 2. Competent Authority, M.P.Ceiling Agricultural Holdings Act, Harda. Versus RESPONDENTS 1 Mohan Sugar Mills Limited Plaintiff No.1 Registered Office, Harda. Plaintiff No.2 2. The Central Trading Company Private Ltd., Registered Office, Harda. Defendant No.2 3. Seth Vallabh Das Modi (since deceased) not by LRs:- (i) Smt. Pushpa Devi wd/o Seth Vallabh Das Modi, (ii) Krishna Das s/o Seth Vallabh Das Modi (iii) Brijesh Das s/o Seth Vallabh Das Modi 1 to 3 R/o 145, Garhi Pura, Harda (iv) Smt. Chandawali w/o Ramnarayan, R/o Somani Mohalla, Chittorgarh, Rajasthan (v) Yamuna Devi w/o Mahesh Kumar Dalni, R/o Agrawal Colony, 499, Jabalpur. (vi) Smt. Mridula Vyas w/o Narendra Kumar Vyas, R/o 860, Mahaveer Nagar, II Kot...
Sunder Lal Pandre Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-16-2013
W.P.No.13502/2013 Sunder Lal Pandre vs. State of M.P. & ORS.1 16.08.2013 Heard Shri Ravindra Bisen, learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 12.7.2013 by which he has been transferred as Panchayat Secretary from Gram Panchayat Koylikhapa to Gram Panchayat Gowari, District Balaghat. It is submitted by the learned counsel for the petitioner that the impugned order is 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 the case of 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 a...
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