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Madhya Pradesh Court September 2013 Judgments

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Sep 20 2013

Sameer Kumar Patel Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Sep-20-2013

W.P.No.15121 / 2013 (Sameer Kumar Patel..Vs..State of M.P.& otheRs.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 being aggrieved by the order dated 31-5-2013 by which the petitioner's representation for counting his experience for appointment on the post of Block Technology Manager has been rejected. It is submitted by the learned counsel appearing for the petitioner that he had acquired necessary experience as prescribed by the authorities by working with NETA FIM PVT.Lmt. from 20-6-2010 to 6-11-2010 and thereafter again from 8-11-2011 to 29-10-2012 and he therefore possess experience of one year and five months which has totally been ignored. It is submitted that had the requisite marks for the aforesaid experience been awarded to the petitioner, he would have been selected. Having heard the learned counsel for...


Sep 20 2013

The State of Madhya Pradesh Vs. Mukesh @ Mukku

Court: Madhya Pradesh

Decided on: Sep-20-2013

M.Cr.C.No.3495/2013 20.09.13 Per B.D.Rathi,J Shri Vijay Pandey, Dy. 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 23/1/2013 passed by II Additional Sessions Judge, Raisen, in Sessions Trial No.136/2011, whereby respondent has been acquitted of the offences punishable under Sections 458, 323, 325, 376 and 506B of the Indian Penal Code (for short the IPC).Prosecution case, in brief is that, on 18/1/2011 at about 1 a.m., when her husband was not at home, respondent trespassed into the house of prosecutrix and after subjecting her to rape, beat her with Lathi and as her husband Moolchand returned and tried to nab him, the respondent fled after grappling with her husband leading to injury on his right ear. Hearing the commotion, Kusumbai and Gulab, her parents-in-law came on the ...


Sep 20 2013

M/S Raj Seeds Traders Vs. M.P. State Agro Indutries Development Corpor ...

Court: Madhya Pradesh

Decided on: Sep-20-2013

1 M/s Raj Seeds Traders versus Madhya Pradesh State Agro Industries Development Corporation.A.C. No.9/13 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 Arbitral Tribunal for resolution of the dispute between the parties. Applicant herein M/s Raj Seeds Traders is a proprietary concerned having its office in Tulsi Nagar, Bhopal and this application is filed by the Proprietor Rajkumar 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 sai...


Sep 20 2013

Ravi Shankar Soni Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Sep-20-2013

W.P.No.15173/2013 (Ravi Shankar Soni versus State of MP & Ors.) 20.09.2013 Shri R.S.Rathor, the learned counsel for the petitioner. Shri Swapnil Ganguly, learned Panel Lawyer, for the respondent/State, on advance copy. The default, pointed out by the office, be ignored. Heard on the question of admission and interim relief. The petitioner, who is a holder of B.Ed. Degree and had participated in the selection process for appointment on the post of Samvida Shala Shikshak Grade-III, has filed this petition stating that he has not been permitted to participate in the process of selection. Having heard the learned counsel for the petitioner and after a perusal of the petition, it is observed on a statement to that effect being made by the learned counsel for the State, that similar petitions, wherein the petitioners had raised the same issue, have been dismissed by this Court with observations in the case of Sanyogita Thakur and others v. State of M.P.and otheRs.reported in 2013 (2) MPLJ206...


Sep 20 2013

M/S Raj Seeds Traders Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Sep-20-2013

1 M/s Raj Seeds Traders versus Madhya Pradesh State Agro Industries Development Corporation.A.C. No.7/13 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 Arbitral Tribunal for resolution of the dispute between the parties. Applicant herein M/s Raj Seeds Traders is a proprietary concerned having its office in Tulsi Nagar, Bhopal and this application is filed by the Proprietor Rajkumar 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 sai...


Sep 20 2013

Anjuman Islamiya Higher Secondary Vs. the State of M.P. and ors.

Court: Madhya Pradesh

Decided on: Sep-20-2013

1 W.P.No.3683/2005 20.09.2013 Shri B.P.Singh, learned counsel for petitioner. Shri S.S.Bisen, learned Government Advocate for respondents. It is stated by learned counsel for the petitioner that the issue raised in this petition is squarely covered by the decision rendered in writ petition No.933/2005 (Lok Shikshan Samiti & others versus State of Madhya Pradesh & others).Writ petition No.933/2005 was decided on 28.06.2008 in the following terMs.Petitioners in this petition have submitted that order dated 1.12.2004 issued by the State Govt. with respect to the recovery of the amount of contributory provident fund be recovered from the employees, 8% more amount was paid as compared to the liability of the State is the stand of the State Govt. in the aforesaid orders (Ex.P.9 & P.10).Petitioners have submitted that employees working are governed by M.P.Ashaskiya Shikshan Sansthan (Adhyapako Tatha Anya Karmcharioy ke Vetno ka Sanday) Adhiniyam, 1978. In the grant amount of provident fund us...


Sep 20 2013

Kiran Misrha (D) Thr Lrs Arun Mishra Vs. Ramrudra Padaraha

Court: Madhya Pradesh

Decided on: Sep-20-2013

MCC No.1000/2013 20/9/2013: Shri Luvkush Mishra, learned counsel for the applicant. Shri D.N.Shukla, learned counsel for the respondents. This application has been filed for restoration of M.A.No.592/2005. When the said Miscellaneous Application was listed before a Bench of this Court on 21.11.2007 an application for deleting the name of original appellant No.1 was allowed and necessary correction was to be made in the cause title within 7 days and it was ordered that if correction is not made the appeal shall stand dismissed without reference to the Court. Due to non compliance of this order passed, appeal has been dismissed for want of prosecution. Even though appeal has been dismissed by the office note dated 31.12.2007, there is a delay of more than 6 years in filing this application. Delay is explained in I.A.No.9139/2013 and the application for restoration by attributing some lapses on the part of the earlier counsel and it is said that the earlier counsel did not keep the applic...


Sep 20 2013

M/S Rama Traders A-7 B.D.A. Colony Tulsi Nagar Bhopal Vs. Madhya Prade ...

Court: Madhya Pradesh

Decided on: Sep-20-2013

1 M/s Rama Traders versus Madhya Pradesh State Agro Industries Development Corporation.A.C. No.11/13 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 Rama Traders is a proprietary concerned having its office in Tulsi Nagar, Bhopal and this application is filed by the Proprietor Smt. Saroj 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 said co...


Sep 20 2013

Ram Vishal Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Sep-20-2013

W.P.No.15132/2013 Ram Vishal vs. State of M.P. & ORS.1 20.09.2013 Shri Monesh Sahu, learned counsel for the petitioner. Shri S.M.Lal, learned Govt. Advocate, for the respondent/State, on advance copy. Heard on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by the award dated 20.11.2012 passed by the Labour Court, Rewa whereby the dispute raised by the petitioner against his discontinuance from service w.e.f.29.12.1999 has been rejected. It is submitted by the learned counsel for the petitioner that a perusal of the statement of the Management witness Shri Arun Kumar Mishra clearly indicates that the petitioner has worked with the authorities till 16.8.1987 and, therefore, as the petitioner has worked with the authorities for more than 240 days, the findings recorded by the Labour Court to the contrary, being perveRs.deserved to be set aside and the impugned order deserves to be quashed. It is further prayed that the respondent be d...


Sep 20 2013

Rambaran Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Sep-20-2013

M.Cr.C.No.7997/2013 20/09/2013 Shri Siddharth Datt, Advocate for the applicant. Shri C.K.Mishra, GA for the respondent/State. Heard finally. This is the second application filed by applicant under Section 439 of the Cr.P.C for grant of bail. The fiRs.application was dismissed as withdrawn vide order dated 29/11/12. Applicant has been arrested on 28/03/12 in connection with Crime No.67/12 registered at P.S.Lavkush Nagar, District Chhatarpur for the offence punishable under sections 304-B, 498-A, 201 read with section 34 of IPC and section 3/ 4 of the Dowry Prohibition Act. Learned counsel for the applicant submits that applicant has been falsely implicated in the case. It is further submitted that after dismissal of fiRs.application statement of Maheshwardeen Patel, father of deceased has been recorded. He was unable to depose the exact date of marriage of the deceased. He further admitted that Gauna of her daughter/deceased was performed after three years of the marriage and she died a...


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