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Madhya Pradesh Court September 2013 Judgments

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Sep 20 2013

Rammu Vs. Ginda

Court: Madhya Pradesh

Decided on: Sep-20-2013

1 W.P No.15804 o20. 9.2013 Dr. Anuvad Shrivastava, counsel for the petitioners. He is heard on the question of admission.2. Petitioners/ defendants have filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 30.4.13 passed by the ADJ.Jabalpur in M.A.No.5/13 affirming the order dated 16.1.13 passed by 16th Civil Judge Class-II, Jabalpur in COS No.90-A/12 whereby the application of respondents/ plaintiff filed under order 39 rule 1 and 2 of the CPC for issuing ad interim injunction restraining the petitioners to interfere in their possession of the disputed land has been allowed.3. Having heard the counsel at length, keeping in view his argument , I have carefully gone through the papers placed on the record along with both the orders of the courts below. It is apparent fact on record that the disputed land was sold by the father of the present petitioners to respondent No.1/ plaintiff through registered sale deed dated 31.3.92 and as per al...


Sep 20 2013

Smt. Geeta Devi Poddar Vs. Rajesh Pandey Alias Manish Pandey

Court: Madhya Pradesh

Decided on: Sep-20-2013

Writ Petition No.16424/2013 20.09.2013 Shri Mahendra Pateria, learned counsel for the petitioner. He is heard on the question of admission. The petitioner, a specified landlord under Section 23-J of the M.P.Accommodation Control Act 1961, in short the The Act of 1961., has filed this petition Article 227 of the Constitution of India for issuing appropriate directions to the Rent Controlling Authority, Jabalpur to decide her case bearing No.08/2012-2013 on some early date in accordance with the spirit of Section 23-D of the Act of 1961. Having heard the counsel, keeping in view his arguments, after perusing the papers place on record, in the circumstances, this petition is disposed of with a direction to the Rent Controlling Authority, Jabalpur to consider and decide the aforesaid Rent Control Case filed by the petitioner against her tenant respondent on some early date in accordance with the spirit of aforesaid provision within six months from the date of submitting the certified copy...


Sep 20 2013

Hemant @ Hariram @ Hariram @ Pappu Patel (Kushwaha) Vs. Smt. Neetu Pat ...

Court: Madhya Pradesh

Decided on: Sep-20-2013

1 W.P No.15644 o20. 9.2013 Shri Pramod Singh Tomar, counsel for the petitioner. He is heard on the question of admission. The petitioner/ defendant has filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 12.8.13 (Annex.P/1) passed by the principal judge Family Court, Sagar in Case No.123-A/2011 whereby his application filed under order 1 rule 10(2) of the CPC to implead the Hindu Vivah Sansthanam Samiti, Bhopal as defendant in the matter, has been dismissed.2. The petitioner counsel after taking me through the papers placed on the record along with the impugned order by referring the copy of the impugned suit argued that in view of the prayer of the respondents that the marriage certificate issued by the above mentioned Sansthanam be also declared to be null and void, the presence of such institution is necessary in the impugned suit as proper party and in its absence the suit could neither be entertained not decided on merits and praye...


Sep 20 2013

Smt. Kamlesh Nut Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Sep-20-2013

M.Cr.C.No.13391/2011 20.09.2013 Shri Anil Dwivedi, Advocate for the applicant. Shri Ajay Tamrakar, Panel Lawyer for the respondent No.1-State. Shri R.L.Ariha, Advocate for the respondent No.2. Heard the learned counsel for the parties. The applicant by this petition under Section 482 of Cr.P.C.has challenged the order dated 28.7.2011 passed by the learned JMFC Jaisingh Nagar District Shahdol in complaint case No.350/2011. The brief facts of the case are that the applicant has filed her nomination for the post of President, Jila Panchayat with the pretest that she was of Scheduled Caste since she was the caste of Nut. (Kanghikar).However, she could not file the caste certificate, but her nomination was accepted. The applicant contested the election and she won the election. The respondent No.2 has moved an election petition against the applicant and also filed a complaint against the applicant. The learned JMFC Jaisingh Nagar after considering the prosecution evidence registered the com...


Sep 20 2013

Buttalar @ Rajesh Swami Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Sep-20-2013

1 W.P No.16456 o20. 9.2013 Shri Sourabh Sharma, counsel for the petitioneRs.Shri Amit Sharma, PL for the respondents. Heard on the question of admission. Petitioners/noticees have filed this petition under Article 226 of the Constitution for the following reliefs :- (a) A writ of certiorari be issued quashing the impugned show cause notice dated 7.5.2013 and 20.6.13 vide Annex.P/1 and P/2 passed by the respondent No.3 as it is without jurisdiction. (b) Call for the entire material record pertaining to instant controveRs.before this Hon'ble Court from the respondents for its kind perusal; (c ) Any other writ or writs, order or ordeRs.direction or directions, which this Hon'ble Court deems fit and proper in the facts and circumstances of the case, may also be issued.2. Having heard the counsel, keeping in view his argument, on perusing the papers placed on the record along with the impugned ordeRs.I have found that the objections which have been raised in this petition have already been ...


Sep 20 2013

Devendra Kumar Chaturvedi Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Sep-20-2013

W.P.No.15107 / 2013 (Devendra Kumar Chaturvedi..Vs..State of M.P.& another) 20-09-2013 Shri Rajendra Pratap Singh, learned counsel for the petitioner. Shri S.M.Lal, learned G.A.for the State/respondents. Heard on the question of admission and interim relief. The petitioner has filed this petition praying for rechecking of the answer sheets in the subject of Botany in the M.P.State Services Preliminary Examination, 2010, conducted by the M.P.Public Service Commission. It is submitted by the learned counsel for the petitioner that the petitioner had previously approached this Court by filing W.P.No.15488/2011 wherein this Court, on the prayer of the petitioner, directed the respondent/authorities to supply the answer copies of the petitioner of the aforesaid examination. It is submitted that pursuant to the directions issued by this Court the answer copies were supplied and thereafter the petitioner had filed W.P.(S)No.4528/2013 for revaluation. This petition was withdrawn by the petitio...


Sep 20 2013

The State of Madhya Pradesh Vs. Radhika Prasad

Court: Madhya Pradesh

Decided on: Sep-20-2013

M.Cr.C.No.13358/2012 20.09.13 Per B.D.Rathi,J Shri Yogesh Dhande, Government Advocate for the applicant-State. Heard on admission. This application for grant of leave to 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 5/9/2012 passed by Sessions Judge designated as Special Judge (under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the Act)).Singrouli, whereby the respondents have been acquitted of the offences punishable under Sections 302 read with 34 and 201 of the Indian Penal Code (IPC for short) and Section 3(2)(v) of the Act. Prosecution case, in brief, is that during the period 26/9/10 to 30/9/10, respondents, in furtherance of their common intention, committed the murder of Ku. Leela (since deceased).a member of scheduled tribe, and in order to cause disappearance of the corresponding evidence, marred the dead body by thr...


Sep 20 2013

M/S Prateek Traders Vs. Madhya Pradesh State Agro Industries Developme ...

Court: Madhya Pradesh

Decided on: Sep-20-2013

1 M/s Prateek Traders versus Madhya Pradesh State Agro Industries Development Corporation.A.C. No.12/13 20/09/13 Shri Mahendra Pateriya, learned counsel for the applicant. Shri Vijay Shukla, learned counsel for the non-applicant. This application has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking constitution of an Arbitration Tribunal for resolution of the dispute between the parties. Applicant herein M/s Prateek Traders is a proprietary concerned having its office in Tulsi Nagar, Bhopal and this application is filed by the Proprietor Shri Prateek Gupta. It is the case of the applicant that M.P.State Agro Industries Development Corporation is an instrumentality of the state and is assigned and appointed as a Nodal agency in the matter of job inviting rate contract offers in respect of seeds and supply of the same to various authorities and departments of the State Govt. It is said that the agreement was entered into between the petitioner and the...


Sep 20 2013

Dilip Buildcon Ltd. Vs. Dnn Media Communication Pvt. Ltd.

Court: Madhya Pradesh

Decided on: Sep-20-2013

Comp. Petition No.8/2013 20/9/2013: Shri Mukesh Agrawal, learned counsel for the Transferor Company and Transferee Company. Shri H.N.Upadhyay, learned counsel for the official liquidator. In pursuance to the order passed on the last date, report and affidavit of the Regional Director, North West Region, Ministry of Corporate AffaiRs.Ahmedabad, in the matter has been received. I have heard learned counsel for the parties and perused the record. All the requisite formalities required to be undertaken have been complied with. This application has been filed under Section 391 read with Section 394 of the Companies Act in the matter of approval of the scheme of arrangement with regard to demerger of the companies in question, namely Dilip BuildCo.Ltd., the Transferor Company and DNN Media Communication PVT.LTD.the Transferee Company. A copy of the proposed scheme for arrangement for demerger is filed along with the petition. The registered office of both the Companies are situated within th...


Sep 20 2013

The State of Madhya Pradesh Vs. Jagdish Kewat

Court: Madhya Pradesh

Decided on: Sep-20-2013

M.Cr.C.No.6707/2011 20.09.13 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 18/3/2011 passed by Additional Sessions Judge, Kotma, District Anuppur, in Sessions Trial No.165/2009, whereby respondents have been acquitted of the offences punishable under Sections 148, 294 and 307/149 of the Indian Penal Code (for short the IPC).Prosecution case, in brief is that, in the wake of a recent dispute as to snatching of Mahua by respondent Nos.5 to 7 namely Galiyabai, Rukmanibai and Puniyabai from mother of the complainant namely Belabai, they along with respondent Nos.1 to 4 namely Jagdish, Narayan, Govind and Purushottam, constituted an un-lawful assembly and in furtherance of its common object, assaulted Belabai with Lathi, Danda and Iron Rod. As...


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