Madhya Pradesh Court January 2014 Judgments
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Faiz Mohammad Vs. Smt. Ram Bai Gupta (D) Through Lr's Pradeep Kumar Gu ...
Court: Madhya Pradesh
Decided on: Jan-24-2014
1 Civil Revision No. 245/2013 24/1/2014 Shri Sanjay Seth, learned counsel for the petitioner. Shri Shailendra Verma, learned counsel for respondent. With consent of learned counsel for parties, the matter is heard finally. This Civil Revision is directed against the order dated 30.4.2013 passed by the Executing Court; whereby, an application under Section 151 Code of Civil Procedure, 1908, filed by the petitioner/judgment Debtor. Though by said order the executing Court also decided an application under Section 135, Evidence Act; however, the present Revision is only directed against the dismissal of application under Section 151 CPC. That, a suit was filed by the petitioner for permanent injunction restraining the landlord Nanhelal Gupta (since deceased) from suit premises. A counter claim was filed therein by the landlord for decree of eviction under Section 12 (1) (a), (e) and ...
Sarita JaIn Vs. Thr. Is Secretary Deptt. of Urban Adm. Dev. the State ...
Court: Madhya Pradesh
Decided on: Jan-24-2014
1 W.P.No.1177/2014 W.P.No.1177/2014 24.01.2014 Shri Akhilesh Jain, learned counsel for petitioner. Shri Amit Seth, Panel Lawyer for respondent/State on advance notice. Heard on admission. Petitioner's response to auction notice dated 27.09.2012 by respondents No.2, Municipal Council, Tikamgarh, inviting offer for allotment of shops on the roof of Gandhi Bazar, Tikamgarh was accepted vide communication dated 07.12.2012 of allotting her shops bearing No.15 and 16 with a direction to deposit the balance amount within a month from the date of notice failing with the earnest money shall be fortified. It was also stated in the communication that after the entire deposit the final allotment shall be subject to the stipulation in the Municipal Law (i.e.Madhya Pradesh Municipalities Act, 1961) and that the order passed by the State Government shall be final. The same was in the following terms : **fu;r vof/k rd dkye 4 esa vafdr laiw.kZ jkf'k tek u djus dh fLFkfr esa vekur jkf'k Md.fnukad ds i'p...
Guttiraja Alias Pratap Singh @ Prakash Singh Vs. the State of Madhya P ...
Court: Madhya Pradesh
Decided on: Jan-24-2014
Cr.R.No.2450/2013 24.1.2014 Shri P.S.Tomar, counsel for the applicants. Shri S.K.Kashyap, G.A for the respondent/State. As prayed by learned counsel for the parties heard them finally. The applicant has preferred the present criminal revision against the order 23.10.2013 passed by the learned Additional Sessions Judge, Pawai, District Panna in ST No.130/2013 whereby the charge under Section 306 of I.P.C is framed against the applicant. The prosecution's case in short is that on 31.3.2013 the deceased Gandharva Singh killed his wife Sita Bai and thereafter, he committed suicide. After 3-4 months of the incident, the Police registered a case against the applicant on the basis of the evidence given by the relatives of the deceased that the applicant had illicit relations with the deceased Sita Bai and due to that activity one daughter of Sita Bai had also committed suicide in the past. Due to the activities of the applicant the deceased killed his wife and thereafter, he committed suicide...
The State of Madhya Pradesh Vs. Deepak Soni Judgement Given By: Hon'bl ...
Court: Madhya Pradesh
Decided on: Jan-24-2014
M.CR.C.No.36/2012 24.1.2014 Shri S.D.Khan, G.A for the applicant/State. Heard on admission. The State has preferred an application for grant of leave to appeal against the judgment dated 26.9.2011 passed by the Additional Sessions Judge, Kotma, District Anuppur in ST. No.245/2009 whereby the respondent was acquitted from the charge of Section 366 read with Section 34 of I.P.C.The prosecution's case in short is that an FIR was lodged by father of the prosecutrix on 8.3.2008 that she was missing. After enquiry it was found that the prosecutrix was kidnapped by the respondent Deepak Soni and his co-accused Santosh. The prosecutrix could not be recovered and after due investigation a charge sheet was filed against the respondent. The respondent abjured his guilt. He did not submit any specific defence and no defence evidence was adduced. The learned Additional Sessions Judge, Kotma after considering the prosecution's evidence acquitted the respondent from the aforesaid charge. After consid...
Pooran Singh Vs. Principal Secretary Ministry of Panchayat and Rural W ...
Court: Madhya Pradesh
Decided on: Jan-24-2014
W.P.No.1138/2014 (Pooran Singh versus State of MP and otheRs.24.01.2014 Heard Shri Dharmendra Soni, learned counsel for the petitioner, on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by order dated 30.05.2013 by which the respondents/authorities have informed the petitioner that his service on contract basis as technical assistant for executing work under the Mahatma Gandhi Rashtriya Gramin Rojgar Guarantee Yojna being implemented in the State by M.P.Rajya Rojgar Guarantee Parishad Panchayat and Rural Development Department has been brought to an end by stating that necessary allotment of funds has not been made at Gadarwara. It is submitted that while similarly engaged persons are still continuing in Narsinghpur Division and elsewhere, the petitioner has been singled out in this treatment under clause 22 of the appointment order and clause 9.1 of the agreement for contractual appointment which is discriminatory. Moreso, as the f...
Executive Engineer (Oandm) Division Vs. Smt. Malti Bai Judgement Given ...
Court: Madhya Pradesh
Decided on: Jan-24-2014
Misc. Appeal No.2835/2013. 24.1.2014. Shri Rajendra Puranik, learned counsel for the appellant. Shri Ravish Deolia, learned counsel for the respondent. Heard on admission. Perused the record. This is employers appeal, under Section 30 of the Workmens Compensation Act, 1923 (hereinafter referred to as 'Act of 1923') against the order dated 26.7.2013; whereby, an application under Section 4A of the Act of 1923 filed by respondent has been allowed. Kanchhedi Lal, husband of the respondent, employed as Helper with Madhya Pradesh Poorva Khestra Vidyut Vitaran Company LTD.(referred to as the 'Employer') detailed at Distribution Centre, Gotegaon on 19.7.2011 sustained injuries in the process of finding fault in the electrical line between Bailhigh and Maila-dafan A.V.Switch situated outside of 33/11 K.V.Sub- Station Gotegoan. He succumbed to the injuries and as per doctor, who conducted the autopsy, cause of death was "due to hemorrhagic shock resulting from injury to vital organ inside chest...
Ankit Singh Sisodiya Vs. Principal Secretary Department of Home Govt. ...
Court: Madhya Pradesh
Decided on: Jan-23-2014
W.P.No.1100/2014 (A.S.Sisodiya versus State of MP and otheRs.23.01.2014 Shri Rajendra Tiwari, learned senior counsel with Shri B.D.Singh for the petitioner. Heard on the question of admission. The petitioner has filed this petition praying for a direction to the respondent no.2 to issue a fresh merit list for appointment on the post of Inspector / Subedar/Sub-Inspector SB/Platoon Commander pursuant to the selection procedure undertaken by them. It is submitted by the learned senior counsel for the petitioner that the respondent no.2 had undertaken the Police Recruitment Test in the year 2012 in respect of which there were several complaints and, therefore, the Special Task Force is conducting an enquiry in the matter and has lodged a fiRs.information report against several persons including the officers and candidates. It is submitted that on account of the aforesaid, the result has not been declared and, therefore, the respondent authorities be directed to either declare the result or...
Dr. Smt. Ansuya Paraste Vs. Lal Chand Kshatriya Judgement Given By: Ho ...
Court: Madhya Pradesh
Decided on: Jan-23-2014
Dr. Smt. Ansuya Paraste versus Lal Chand Kshatriya & ORS.Writ Petition No.8961 / 2013 23.1.2014 Ms.C.V.Rao, learned counsel for the petitioner. Shri S. Khan, learned counsel for respondents. Challenging the order dated 19.3.2013 passed by learned District Judge, Jabalpur in Civil Suit No.9- A/2011, whereby prayer of petitioner for summoning an officer from the office of Junior Engineer, Madhya Pradesh Poorva Kshetra Vidyut Vitran Co.LTD.for proving certain documents, which have been received by the petitioner under Right to Information Act, have been closed, petitioner has filed this writ petition. Petitioner is plaintiff and has filed suit in question for possession and mandatory injunction. It seems that an application was filed in the pending suit on 7.8.2012 under Order 16 Rule 1 of CPC for summoning of a witness mainly on the ground that for the property in question electricity connection have been given in the name of one Smt. Meera Kshatriya, to prove the document in this regard...
Amit Sahni Vs. Registrar General High Court of Madhya Pradesh Judgemen ...
Court: Madhya Pradesh
Decided on: Jan-23-2014
W.P.No.20985/2013 1 23/01/2014 Petitioner present in person. It is submitted by the petitioner that under the M.P.High Court Rules, 2008 Chapter X Rule 30, there is a provision of registration of writ petition filed under Article 227 of the Constitution of India. It is submitted that in the light of the judgment passed by the Apex Court in the case of Shalini Shyam Shetty and another versus Rajendra Shankar Patil, (2010) 8 SCC329 such petition filed under Article 227 of the Constitution of India cannot be said to be a writ petition, as under Article 227 of Constitution of India, no writ can be issued. He has referred paragraph 25 of the judgment in support of his contention which reads as under:- 25.The power to issue writs underwent a sea-change with the coming of the Constitution from 26-1-1950. Now writs can be issued by High Courts only under Article 226 of the Constitution and by the Supreme Court only under Article 32 of the Constitution. No writ petition can be moved under Artic...
Veer Singh Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble ...
Court: Madhya Pradesh
Decided on: Jan-23-2014
Criminal Revision No.1496 of 2012 23.01.2014 Shri B.J.Chourasia, learned counsel for the applicants. Shri Santosh Yadav, learned PL for respondent-State. Learned PL submits he is under receipt of the case diary while on the other hands, applicants' counsel submits that he has filed certified copies of FIR and other relevant documents including the MLC report of the impugned case. As the case diary as well as certified copies of relevant papers are available on record hence instead to hear this revision only on admission, with the consent of the parties, the same is heard for final disposal. The applicants have filed this revision under Section 397/401 of Cr.P.C.being aggrieved by the order dated 29.9.2011 framing the charges against each of them for the offence punishable under Sections 147, 294, 323/149, 324, 325/149 and Section 506 -B of IPC. The applicants' counsel after taking me through the averments of the FIR as well as interrogatory statements of the witnesses alongwith the MLC...
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