Madhya Pradesh Court September 2013 Judgments
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Shri Ganesh Rao Maski Vs. Shri R.N. Mishra
Court: Madhya Pradesh
Decided on: Sep-19-2013
1 CONC.No.2097/2012 19.09.2013 Shri Lalji Kushwaha, learned counsel for petitioneRs.None for respondents. Heard. Alleging willful disobedience of order passed in writ petition No.13600/2009(s) decided on 27.01.2010, present contempt petition has been filed. Vide writ petition the petitioners-Upper Division Teacher, School Education Department had sought direction to the respondents to grant benefit of Second Kramonati with effect from 19.04.1999 and not to effect the recovery of benefit granted after retirement from service. Writ petition was disposed of in the following terMs.In view of the matter, this petition is allowed, order impugned canceling the second kramonnati granted to the petitioners and the consequential order of recovery effected are quashed. Respondents are directed to refund the aforesaid amount to the petitioners in accordance to the order passed, in paragraph 17(iii) in the case of Smt.Prerna (Supra) 2 CONC.No.2097/2012 On being noticed, respondent No.1 has filed re...
Sunil Kumar Gawaskar @ Sunil Gautam Vs. Manisha Gawaskar
Court: Madhya Pradesh
Decided on: Sep-19-2013
1 Writ Petition No.15575/2013 19.09.2013 Shri D.C.Malik, Advocate for the petitioner. Learned counsel for the petitioner submitted that this petition has been filed against the order passed by the Family court invoking powers under section 125 Cr.P.C. and as per the Division Bench decision of this Court, criminal revision lies against an order passed by the Family Court under section 125 Cr.P.C. It is submitted that in the light of the aforesaid judgment, the petitioner may be permitted to withdraw this petition. In the case of Aruna Choudhary Vs. Sudhakar Choudhary, reported in 2004(2) MPLJ101 a Division Bench of this Court held thus :- 10. Perusal of sub-section (4) of section 19 of the Act, now makes it clear and leaves no amount of doubt that against the order passed by Family court deciding an application under section 125 of the Code, revision alone would be maintainable. The Parliament in its wisdom had felt it necessary to insert sub- section (4) in section 19 of the Act to rem...
Amar Nath Singh Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Sep-19-2013
HIGH COURT OF MADHYA PRADESH : JABALPUR. Writ Petition No.27015/2003 (O.A.No.104/2003) Amarnath Singh Vs State of M.P.and otheRs.PRESENT : Honble Shri Justice K.K.Trivedi.J.Shri P.R.Bhave, learned Senior counsel assisted with Shri Bhanu Yadav and Shri Devdatt Bhave, Advocate, for the petitioner. Shri Sanjeev Singh, learned Panel Lawyer for respondents. ORDER (19.9.2013) This petition was initially filed as Original Application before the M.P.Administrative Tribunal Bench at Bhopal, challenging the action of the respondents in promoting respondents No.4 and 5 on the post of Assistant Sub Inspector (Radio).superseding the claim of the petitioner, who was said to be senior to these two respondents on the post of Head Constable (Radio).It was contended that while preparing a fit list, the selection Committee did not consider the case of the petitioner in appropriate manner and superseded him in the matter of bringing his name in the fit list. Out of the said fit list in which the juniors t...
Vijay Kumar Shukla Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-19-2013
W.P.No.10863/2013 (Vijay Kumar Shukla and another versus State of MP and otheRs.19.09.2013 Heard Shri V.P Singh, learned counsel for the petitioners on the question of admission and interim relief. The petitioners have filed this petition alleging that the petitioner No.1 had been assigned the work of Prerak under the Scheme of the State and was made incharge of the Library of Village Pangara Janpad Panchayat, Nagod District Satna, whereas the petitioner No.2 is engaged in village Urdan, Janpad Panchayat, Nagod District Satna. It is submitted that the petitioners have been doing work of Prerak since 2003 onwards but suddenly the respondents/authorities have published a list on 18.04.2013 by which certain other persons have been named as Prerak. It is submitted that the petitioners were appointed after due resolution of the Gram Sabha in their favour and in such circumstances, non-mention of their names in the impugned list dated 18.04.2013 (Annexure P/8) is contrary to law. It is submi...
Purshottam Ivne Vs. the State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Sep-19-2013
HIGH COURT OF MADHYA PRADESH : JABALPUR Writ Petition No.24486/2003 O.A. No.117/2000 Purshottam Ivne Vs. State of Madhya Pradesh and others. PRESENT : Honble Shri Justice K.K. Trivedi. Shri Kamlesh Dwivedi, learned counsel for the petitioner. Shri Rahul Jain, learned Government Advocate for the respondents/State. ORDER (19.09.2013) The present petition was originally filed as Original Application No.117/2000 before the M.P. Administrative Tribunal Bench at Bhopal, which on closer of the Tribunal has been transmitted to this Court and is registered as a Writ Petition.2. The grievance of the petitioner is against the order of termination issued against him on 08.12.1998 after a departmental enquiry as against the order by which the appeal preferred by the petitioner has been rejected on 19.05.1999. It is contended that the 2 petitioner, who was working as a Constable (Peon) in the establishment of the Superintendent of Police (QD) Police Headquarter, Bhopal was subjected to a departmenta...
Basant Lal Yadav Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-19-2013
W.P.No.15031/2013 (Basant Lal Yadav versus State of MP & Ors.) 19.09.2013 Shri Sanjay Singh, the 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, 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 and without any observations in the case of Jai Prakash ...
Suraj Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-19-2013
1 HIGH COURT OF MADHYA PRADESH : JABALPUR Criminal Appeal No.1486/2009 Suraj and another Vs. State of M.P. As Per : G.S.Solanki, J.Shri Sharad Verma, Advocate for the appellants. Shri Sudesh Verma, GA for the respondent/State. JUDGMENT (19/09/2013) 1. This criminal appeal has been preferred by the appellants u/s 374 (2) of the Code of Criminal Procedure being aggrieved by the judgment dated 7/08/09 passed by IIIrd Additional Sessions Judge, Sagar in S.T. No.41/09 whereby they have been convicted u/s 392/34 of IPC and sentenced to RI for 10 years & fine of Rs.5000/- each in default to suffer further RI for 6 months.2. The prosecution case, in brief, is that on 30/07/2008 at about 7:40 when Smt. Pratibha alongwith Smt. Sushila Gour was taking walk, at the same time, two persons came on motorcycle and out of them one has snatched the neckless of Smt. Pratibha. She went to her house and narrated the story to her husband Rakesh (PW-3) and lodged the FIR (Ex.P-1) at police station Gopalganj....
Dany @ Arvind Kumar Vs. the State of M.P.
Court: Madhya Pradesh
Decided on: Sep-19-2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR Criminal Appeal No.624/1994 Danny alias Arvind Kumar....Appellant Versus The State of Madhya Pradesh...Respondent Criminal Appeal No.540/1994 Tillu alias Gyan Chand....Appellant Versus The State of Madhya Pradesh...Respondent For the appellants : Shri S. C. Datt, Senior Advocate, with Shri Siddharth Datt and Shri Ajay Mishra, Advocates. For the respondent : Shri Yogesh Dhande, Government Advocate. ****** Present: HONOURABLE SHRI JUSTICE AJIT SINGH HONOURABLE SHRI JUSTICE B. D. RATHI ****** JUDGMENT (19.9.2013) The following judgment of the Court was delivered by : Ajit Singh, J.By this common judgment, Criminal Appeal No.624/1994 (Danny alias Arvind Kumar v. State of Madhya Pradesh) and Criminal Appeal No.540/1994 (Tillu alias Gyan Chand v. State of Madhya Pradesh) are being decided because they arise out of the same judgment dated 30.4.1994 passed in Sessions Trial No.43/1993 by the Third Additional Sessions Judge, Sagar.2. Appellant Danny has ...
Ramnath Vs. the State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Sep-19-2013
CRR No.1613/2013 -1- HIGH COURT OF MADHYA PRADESH JABALPUR SINGLE BENCH: Honble Shri Justice A.K. Shrivastava CRIMINAL REVISION No.1613/2013 Applicants:1. Ramnath s/o Kamta Prasad 2. Prahlad s/o Kamta Prasad Both R/o Barkoti Khurd, P.S. Gourjhamar, Tahsil Deori, District Sagar (M.P.) Versus Respondent : State of Madhya Pradesh through Police Station Gourjhamar, Tahsil Deori, District Sagar (M.P.) -------------------------------------------- Shri Sharad Verma, Advocate for the applicants. Dr. (Smt.) Anjali Gyanani, Public Prosecutor for the respondent-State. -------------------------------------------- ORDER (Passed on this 19th day of September, 2013) Feeling aggrieved by the judgment dated 6.8.2013 passed by learned Second Additional Sessions Judge, Sagar (M.P.) in Criminal Appeal No.158/2013 thereby affirming the judgment of conviction and order of sentence dated 4.3.2012 passed by learned Judicial Magistrate, First Class, Deori, District Sagar in Criminal Case No.977/2010 convicting...
National Insurance Co. Vs. Rakesh Kumar Sharma
Court: Madhya Pradesh
Decided on: Sep-19-2013
M.A.No.5402/2007 19/9/2013 Shri D.N.Shukla, Adv.for the appellant. Shri Rakesh Chourasia, Adv.for the respondents. Case is listed for final hearing at motion stage. Arguments heard. Appellant/Insurance Company has filed this miscellaneous appeal under Section 173 of the Motor Vehicles Act being aggrieved by award dated 25.10.2007 passed in Claim Case No.149/2006 by learned Addl. Motor Accident Claims Tribunal, Maihar, District Satna (M.P.).The only point raised by the learned counsel for the appellant is that deceased was travelling on the trolley of tractor driven by driver/non-applicant no.1. The trolley was not insured for carrying passengeRs.Although, the claimants tried to bring the evidence that the deceased was standing on the road and got dashed by the tractor, learned counsel for the appellant has drawn attention towards copy of FIR (Ex.P2).in which it has been mentioned that the injured and the other persons were sitting in the trolley and they were going for submerging the J...
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