Madhya Pradesh Court January 2014 Judgments
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State Bank of India Vs. Shree Radhe Commercial Services Private Limite ...
Court: Madhya Pradesh
Decided on: Jan-23-2014
WP No.19049/2011 23/01/14 Shri R.K.Verma, learned counsel for the petitioner. Shri Patel, learned counsel for respondent Nos.1 and 2. Learned counsel for the petitioner submits that after filing of this petition, circumstances have changed. Before Debts Recovery Tribunal the petitioner had moved an application for attachment of property for security of the outstanding dues, but the same was rejected on the ground that the petitioner was already having securities which were sufficient to realize the outstanding amount. This order was challenged before the Debts Recovery Tribunal but on the same ground the appeal was also dismissed. After filing of this petition, the petitioner has auctioned all the mortgaged properties and fetched only Rs.2 crores (approximately ) out of the outstanding dues of Rs.5 crores approximately. In these circumstances, the petitioner is entitled to move a fresh application before the Debts Recovery Tribunal at Jabalpur for appropriate direction for attachment o...
Jeevan Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble Shr ...
Court: Madhya Pradesh
Decided on: Jan-23-2014
CRR No.937/2012 Criminal Revision No.937/2012 23.1.2014 Shri Nishant Datt, counsel for the applicants. Shri G.S.Thakur, Panel Lawyer for the State/ respondent. As prayed by the learned counsel for the parties, heard them finally. The applicants have challenged the order dated 9.3.2012 passed by the learned Additional Judge to FiRs.Additional Sessions Judge, Burhanpur in S.T.No.61/2011, whereby the charges of offence punishable under section 306 of IPC is framed against all the applicants. The prosecution's case, in short, is that, the deceased Anil Mahajan committed suicide on 17.2.2011 and the merg enquiry was initiated. Anusuiya Bai, mother of the deceased has stated that on 14.2.2011, the deceased Anil was with one Ganesh and Ganesh kissed the niece of Kishore Toke but, since the deceased was accompanied with Ganesh, therefore, the applicants had given threatening to Ganesh as well as to Anil and also they assaulted them. On 17.2.2011, when Anusuiya Bai came back to her house, he fo...
Mahant Pawansut Das Vs. the State of Madhya Pradesh Judgement Given By ...
Court: Madhya Pradesh
Decided on: Jan-23-2014
1 R.P.No.18/2014 Mahant Pawansut Das State of MP & another 23.1.2014 Shri Siddharth Gulatee, Counsel for petitioner. Shri Piyush Dharmadhikari, GA for respondents. This application is filed seeking clarification of the order dated 18.11.2013 passed in Writ Petition No.11670/2010 by which a writ petition preferred by the petitioner was finally disposed of by this Court, which reads thus:- The prayer in this petition is to direct the respondent No.1 to delete his name from the petitioner property. 2. Learned counsel for the petitioner submits that petitioner is Mahant of Thakurji Balaji Temple situated at Hoshangabad. It is submitted that name of temple was recorded in the revenue records but without any order name of Collector has been recorded as Manager. It is submitted that name of Collector be removed as Manager of the Temple. 3. After hearing counsel for the parties at length and keeping in view that no application has been filed by the petitioner before the Competent Authority, th...
Rampyare Shah Vs. Sugni Judgement Given By: Hon'ble Shri Justice Sanja ...
Court: Madhya Pradesh
Decided on: Jan-23-2014
1 W.P.No.10175/2013 W.P.No.10175/2013 23.01.2014 Shri B.K.Bais, learned counsel for petitioner. Shri Rajesh Dubey, learned counsel for respondent No.1 to 4. Shri U.S.Jaiswal, learned counsel for respondent No.8. Heard on admission. With consent of learned counsel for the parties, matter is finally heard. Order dated 08.11.2012 and 29.04.2013 are being questioned vide this writ petition under Article 227 of the Constitution of India; whereby, the trial Court while rejecting the counter claim by the petitioner against co-defendants 1B, 1C and 1D by order dated 08.11.2012 has further declined to review its order by rejecting the application under Order 47 Rule 1 of the Code of Civil Procedure, 1908 by impugned order dated 29.04.2013. Evident it is from the counter claim by the petitioner, who is defendant No.10 in a civil suit by Mandhari Sahu (since deceased survived and substituted by his widow, son and daughters as respondents No.1 to7) for declaration, partition and permanent injuncti...
Ganesh Prasad Sahu Vs. Commissioner Municipal Corporation Sagar Judgem ...
Court: Madhya Pradesh
Decided on: Jan-23-2014
1 W.P.No.1014/2014 W.P.No.1014/2014 23.01.2014 Shri P.C.Chandak, learned counsel for petitioner. Shri S.P.Singh, learned counsel for respondent. Petitioner, a retired Municipal Employee seeks direction to recompute interest on the General Provident on the basis of bye laws in vogue since 1957 and the decision rendered in writ petition No.4394/2010(s) Ramdas Vaidya v. State of Madhya Pradesh and batch of writ petitions decided on 25.06.2012. In Ramdas Vaidya (supra) it is held : "8. I have heard learned counsel for the parties and perused the record. From the records it is clear that petitioners claim interest on the amount lying to their credit on the provident fund account in accordance to the interest payable to the Government employees under the General Provident Fund Rules of 1955. Even though it is stated that the Municipal Corporation, Sagar has formulated the bye-laws namely the GPF bye-laws of 1984 but from the record and the averments made by the respondents in the return, it ...
Balak Singh Thakur Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Jan-23-2014
1 W.P. No.7592/2013 (s) 23/1/2014 Smt. Gulab K. Patel, learned counsel for the petitioner. Shri S.S. Bisen, learned Government Advocate for the respondent/State of M. P. and its functionaries. With consent matter is heard finally. Order dated 19.12.2012 is being assailed by the petitioner; whereby, claim of the petitioner for settlement of his wages of suspension period has been rejected on the ground that against the order of acquittal recorded in Special Case No. 1/1999 by Special Judge, Sagar under the Prevention of Corruption Act, First Additional Sessions Judge, Sagar an appeal has been preferred in the High Court. The challenge to the impugned order is on the ground that having been acquitted of an offence under Section 13 (1) (e) and 13 (2) of Prevention of Corruption Act, 1988, filing of an appeal against the order of acquittal does not tantamount to judicial proceeding as would prevent the ...
Manoj Kumar Dwivedi Vs. Gomti Prasad Tiwari Judgement Given By: Hon'bl ...
Court: Madhya Pradesh
Decided on: Jan-23-2014
MCRC No.13685/2012 23.1.2014 Shri Rohit Sohgaura, counsel for the applicant. Heard on IA. No.23672/2012, an application for condonation of delay in filing the present application. It is submitted by the learned counsel for the applicant that the present application is filed with delay of at least 217 days because the applicant preferred an application under Section 372 of the Cr.P.C before the Sessions Court, Rewa but, thereafter it was dismissed being not maintainable therefore, he has filed the present application for grant of leave to appeal. Though the learned VIth Additional Sessions Judge, Rewa dismissed the appeal due to another reason but, in a complaint case if judgment of acquittal is passed then the complainant had no option except to proceed under Section 378(4) of the Cr.P.C and when leave to appeal was to be filed before this Court then appeal under Section 372 of Cr.P.C was also to be filed before this Court therefore, it would not be proper to condone the delay caused b...
S.R.Chouksey Vs. Sodan Singh [Died] Judgement Given By: Hon'ble Shri J ...
Court: Madhya Pradesh
Decided on: Jan-23-2014
M.Cr.C.No.4954/2012 23.1.2014 Shri D.D.Jaiswal, counsel for the applicant. Heard on IA. No.26616/2012, an application for condonation of delay. Only the delay of four days has been caused in filing the application for leave to appeal. Looking to the period of delay, it would be proper to condone the delay. IA. No.26616/2012 is hereby allowed. 4 days delay in filing the application is hereby condoned. Heard on admission. The facts of the case in short are that the applicant moved a complaint before the trial Court that on 12.4.2007 a contract took place between four purchasers including the applicant with Sodan Singh that he would sell his land for a particular amount and out of the shares of the purchasers the applicant was required to pay a sum of Rs.62,500/-. The applicant gave a cheque of Rs.50,000/- to Sodan Singh. Thereafter, no contract took place. When the appliant demanded the amount back then Salamuddin, who was the intervener in the contract, told that his amount will be retu...
Sageer @ Saeed Vs. the State of Madhya Pradesh Judgement Given By: Hon ...
Court: Madhya Pradesh
Decided on: Jan-22-2014
Criminal Revision No.23/2013 22.1.2014 Shri G.P.Tripathi, Advocate for the applicants. Shri Akshay Namdeo, Panel Lawyer for the respondent-State. The learned counsel for the State has submitted that the case diary is not available, on the other hand the learned counsel for the applicant has submitted that he has copy of charge sheet, and therefore the matter may be considered with the help of copy of charge sheet. Heard the learned counsel for the parties finally. By this Criminal Revision under Section 397/401 of Cr.P.C.the applicants have challenged the order dated 20.9.2012 passed by the learned Third Additional Sessions Judge, Jabalpur in ST No.444/2012 whereby three counts of charges of the offence under Section 307/34 of IPC were framed against the applicants along with other charges. The prosecution case, in short, is that there was a dispute between the parties relating to repayment of some amount. On 17.4.2012 at about 9:00 PM the complainant Mohd. Haroon and his son went to t...
Anil Singh Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble ...
Court: Madhya Pradesh
Decided on: Jan-22-2014
IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR SINGLE BENCH : HONBLE MR. JUSTICE N.K.GUPTA, J.Criminal Appeal No.1481/2013 Anil Singh VERSUS State of Madhya Pradesh --------------------------------------------------------------------------- Shri Satish Chaturvedi, counsel for the appellant. Shri Ajay Tamrakar, Panel Lawyer for the State/respondent. --------------------------------------------------------------------------- JUDGMENT (Passed on the 22nd day of January, 2014) The learned Special Judge under SC/ST (Prevention of Atrocities) Act, Rewa in supplementary special case No.27/2005 vide judgment dated 14.6.2013, convicted the appellant for offence punishable under section section 3 (1) (x) of SC/ST (Prevention of Atrocities) Act (hereinafter it will be referred to as 'Special Act') and sections 323, 294 of IPC and sentenced with one year's rigorous imprisonment with fine of Rs.1,000/-, 6 months rigorous imprisonment with fine of Rs.500/- and fine of Rs.500/- respectively.2. The pro...
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