Madhya Pradesh Court January 2014 Judgments
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Kishorilal Tiwari Vs. Kandhilal Judgement Given By: Hon'ble Shri Justi ...
Court: Madhya Pradesh
Decided on: Jan-22-2014
HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR Second Appeal No.762 of 2013 Kishorilal Tiwari Versus. Kandhilal For Appellant : Shri R.K. Verma and Shri Sourabh Shrivastava, Advocate. ORDER ( .01.2014) Per U. C. Maheshwari J.1. The appellant/defendant has filed this appeal under Section 100 of the CPC, being aggrieved by the judgment and decree dated 31.07.2013 passed by Additional Judge to the Court of District Judge Sihora, District Jabalpur, in Civil Regular Appeal No.61-A/2013 whereby, dismissing his appeal, the judgment and decree dated 28.08.2009, passed by IIIrd Civil Judge Class-II Sihora, in Civil Original Suit No.31-A/08, decreeing the suit of the respondent/plaintiff against him for declaration and perpetual injunction with respect of the agricultural land described in the plaint, has been affirmed.2. The facts giving rise to this appeal in short are that, the respondent herein has filed the impugned suit for declaration and permanent injunction against the appellan...
Rajendra Marshkole Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Jan-22-2014
Cr.A.No.1480/2013 22.01.2014 Shri Sanjay Sharma, learned counsel for the appellants. Shri Ahilendra Singh, learned Govt. Adv for respondent-State. It being an admitted appeal is listed today for consideration IA No.1133/14, an application for suspension of remaining jail sentence and grant of bail as both the appellants have been convicted under Section 366 and 376 (2) (g) for RI ten years with fine of Rs.3000/- in earlier Section while RI for ten years with fine of Rs.5000/- in the later. The appellant's counsel after taking me through the averments of the IA as well as record of the trial court including the deposition of prosecution witnesses and the exhibited papers argued that on appreciation of the evidence, the trial court has not considered the matter with proper approach. The story put fourth by the prosecutrix in the FIR has been further exaggerated by her on recording deposition and in such circumstances, the story put fourth by the prosecution against the appellants being s...
Smt. Saraswati Vishwakarma Vs. the State of Madhya Pradesh Judgement G ...
Court: Madhya Pradesh
Decided on: Jan-22-2014
Writ Petition No.6203/2013 (Smt. Saraswati Vishwakarma versus State of M.P.& otheRs.22-01-2014 Heard Shri A.P.Singh, learned counsel for the petitioner on the question of admission and interim relief. The only prayer made by the learned counsel for the petitioner in the present petition is for a direction for the respondents/authorities to consider and decide the representation of the petitioner Annexure P/2 for continuance on the post of Aganwadi worker after the age of 60 years by taking into consideration the medical fitness certificate submitted by the petitioner. It is submitted by the learned counsel for the petitioner that the petitioner was asked to submit a medical fitness certificate on 26.07.2012 Annexure P/1 pursuant to which the petitioner had submitted the same before the respondents/authorities within the stipulated period but till date the respondents/authorities have not taken any decision in the matter and therefore, they be directed to do so. In view of the limited p...
Ramniwas Dwivedi Vs. the State of Madhya Pradesh Judgement Given By: H ...
Court: Madhya Pradesh
Decided on: Jan-22-2014
W.P.No.340/2013. 1 22/01/2014 Shri V.B.Singh, learned counsel for the petitioner. Shri Piyush Dharmadhikari, Government Advocate for respondent-State. By this petition petitioner sought following reliefs:- (i) That, the Hon'ble Court may be pleased to issue a writ order or direction in an appropriate nature for high level enquiry into the matter of illegality/ forgery on the part of the respondent No.8 samooh and respondent No.9-11 directed to be held by an independent agency, and to cancel their licence for allotting the Md.in the school. (ii)The respondents/authority concerned be directed to take a legal/criminal action against the Res. No.8 samooh and res. No.9-11 for having committed illegality and forgery in accordance with law. (iii)Any other relief which this Hon'ble Court may deem fit and proper kindly be granted in favour of the petitioner. The case of the petitioner is, that inspite of filing complaint Annexure P/12 to the respondent No.2 dated 12/11/2012, no action has been ...
H.C. Jharia Vs. the State of Madhya Pradesh Judgement Given By: Hon'bl ...
Court: Madhya Pradesh
Decided on: Jan-22-2014
W.P.No.6678/2011 22.1.2014 Shri Rajesh Patel, learned counsel for the petitioner. Shri Vivek Agrawal, learned Government Advocate for the respondent/State. By this writ petition, the petitioner has prayed for the following reliefs: (i) By issuing appropriate writ, order or directions the respondent no.1 and 4 be directed to construct a new bridge in place of old bridge over the Silgi river in Shahpura and near Bajreshwari Devi Temple in place of overhauling the same. (ii) The turning/bend of the road be protected by the Guard Wall. (iii) The respondent no.2 and 4 be penalised by way of exemplary cost for misusing of public money and not proper doing the duty for which legally bound and causing the interference of progress of large number of people. (iv) Any other order/direction, which this Hon'ble court may deem fit and proper in the circumstances of the case, including cost of the litigation may kindly be awarded to the petitioner. It is stated by learned counsel for the petitioner t...
Narayan Vs. Poonam Judgement Given By: Hon'ble Shri Justice Ravi Shank ...
Court: Madhya Pradesh
Decided on: Jan-22-2014
Second Appeal No.655/2013 (Narayan versus Poonam and otheRs.22.01.2014 Heard Shri Sameer Seth, learned counsel for the appellant on the question of admission. This appeal has been filed by the appellant being aggrieved by judgment and decree dated 03.05.2013 passed in C.A.No.20A/2011 by Additional District Judge, Khandwa affirming and conforming the judgment and decree dated 07.04.2011 passed by the II Civil Judge, Class-II, Khandwa in C.S.No.15-A/10 whereby the suit for declaration, partition and possession filed by the appellant has been dismissed. It is submitted by the learned counsel for the appellant that the suit was filed on the allegation that the plaintiff and the defendants belong to the same family and therefore the property in question is a joint property in which the appellant has half share. It is submitted that courts below have dismissed the suit filed by the appellant/ plaintiff by stating that the plaintiff was not the member of the joint family and he has failed to ...
Smt. Nirmala Bai Vs. the State of Madhya Pradesh Judgement Given By: H ...
Court: Madhya Pradesh
Decided on: Jan-22-2014
Smt. Nirmala Bai versus State of M.P.M.Cr.C.No.1 / 2014 22.1.2014 Shri Siddharth Datt, learned counsel for the applicant. Shri Amit Pandey, learned Panel Lawyer for the State. This is an application filed under Section 439 of Cr.P.C.seeking bail. Applicant has been arrested in Crime No.339/2013, registered at Police Station Lalbag, District Burhanpur for offence under Sections 304-B/34 of IPC. Applicant is mother-in-law of the deceased woman who died within a few months of her marriage. She suffered burn injuries and found dead in her room. It is stated by Shri Siddharth Datt, learned counsel that the deceased committed suicide by burning and based on the general allegation with regard to demand of dowry the applicant been implicated. It is stated that the applicant is in custody since 2.11.2013 and, therefore, she be released, as investigation is also completed and challan filed. Learned counsel for the State opposes the bail and submits that as serious allegation with regard to deman...
The State of Madhya Pradesh Vs. Ramvishal Judgement Given By: Hon'ble ...
Court: Madhya Pradesh
Decided on: Jan-22-2014
M.Cr.C.No.7168/2012 21.01.2014 Shri Ajay Tamrakar, Panel Lawyer Advocate for the applicant/State. Heard on admission. The applicant-State has preferred this petition for grant of leave to appeal against the judgment dated 5.3.2012 passed by the Special Railway Magistrate, Bhopal in RT No.9776/2005 whereby the respondent was acquitted for commission of offence punishable under Sections 403 and 419 of IPC. The brief facts of the case are that on 18.6.2005 the respondent appeared before the Smt. Ruchika Verma, Chief Reservation Inspector and gave a ticket for refund. He stated that he was of the local staff. The ticket was handed over to the person, who was working on counter and thereafter that employee Devliya Ram (PW-2) proceeded with the computer to cancel the ticket, then it was found that it was a lost ticket, and therefore no refund could be given. Thereafter Devliya Ram handed over the respondent to Smt.Ruchika Verma, who sent a written FIR Ex.P-1 by which a case was registered vi...
P.K. Somani Vs. Principal Secretary the State of Madhya Pradesh Judgem ...
Court: Madhya Pradesh
Decided on: Jan-22-2014
1 W.P.No.683/2014 P.K.Somani & ANo.versus State of M.P.& ORS.22.01.2014 Shri V.K.Shukla, learned counsel for the petitioner. Smt. Sudha Gautam learned counsel for the respondents. Heard on the question of admission. The petitioners have filed this petition being aggrieved by the seniority given to respondent no.5 by order dated 27.4.2013 and the consequent seniority list published by the respondents on 26.12.2013, wherein respondent no.5 has been shown to be senior to the petitioneRs.It is submitted by the learned counsel for the petitioners that the petitioners were and are senior to respondent no.5 and that the claim of respondent no.5 had previously been rejected by the authorities by order dated 6.8.2003 against which the respondent no.5 had filed a writ petition which was registered as W.P.S No.951/2003 which was dismissed as withdrawn. It is submitted that the respondents, after a lapse of more than 10 yeaRs.have changed the seniority of respondent no.5 and have placed him above ...
Ramadhar Mahra Vs. Amka Mahra Judgement Given By: Hon'ble Shri Justice ...
Court: Madhya Pradesh
Decided on: Jan-22-2014
1 S.A.No.64/2013 S.A.No.64/2013 22.01.2014 Shri Ashish Rawat, learned counsel for appellant. Heard on admission. This is plaintiff's appeal, directed against the judgment and decree dated 07.11.2012 in civil appeal No.35-A/2010 by District Judge, Anuppur; whereby, while dismissing the Appeal, the judgment and decree dated 30.09.2010 in civil suit 9- A/2009 by Civil Judge Class-II, Rajendragram has been affirmed. Amka Mehra, (respondent No.1/defendant No.1) father of the appellant was granted Patta of land bearing survey No.1042/1, 1206/2-Kha and 1211/1 admeasuring 6.12 acres at village Karondhi, Tehsil Pushprajgarh. Out of which he sold 4.12 acres to respondent No.3/defendant No.3 vide sale deed dated 02.12.2008. Appellant/plaintiff on the plea that the Patta over the suit land was joint in nature as the same was granted to the head of the family, the sale of land in favour of respondent/defendant No.3 by respondent/defendant No.1 was void ab-initio, accordingly, sought declaration tha...
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