Madhya Pradesh Court January 2014 Judgments
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Anjani Kumar Tiwari Vs. Dayashankar Tiwari Judgement Given By: Hon'ble ...
Court: Madhya Pradesh
Decided on: Jan-21-2014
Second Appeal No.615/2011 (A.K.Tiwari versus Dayashankar Tiwari and otheRs.21.01.2014 Heard Shri Hakim Khan, learned counsel for the appellant on the question of admission. The appellant has filed this appeal being aggrieved by judgment and decree dated 05.02.2011 passed by the 5th Additional District Judge, Rewa in Civil Appeal No.57- A/2010 whereby judgment and decree dated 29.04.2009 passed by the Additional Civil Judge, Class-I, Teothar District Rewa in Civil Suit No.38-A/2006 has been affirmed and confirmed. The brief facts leading to filing of the present appeal are that the respondents/plaintiffs filed a suit for declaration, permanent injunction and possession in respect of half of KhaSr.No.264 area 0.50 acres of land situated in village Pandapurva, Tahsil Teothar, District Rewa. It was contended that the said land belonged to the plaintiffs as they had half share in KhaSr.No.264 and they were in possession thereof but the appellant/defendant was interfering in their possession...
Ku. Rekha Prajapati (Dax) Vs. the State of Madhya Pradesh Judgement Gi ...
Court: Madhya Pradesh
Decided on: Jan-21-2014
W.P.No.19270/2013 21/1/2014 Shri Satyendra Jain, learned counsel for the petitioneRs.Shri Amit Patel, learned Panel Lawyer for the respondents. With the consent of parties, the matter is heard finally. In this writ petition the petitioners who are employed as Section Writers have challenged the validity of the order dated 25.11.2011 passed by the Collector by which the their claim for regularization has been rejected. Learned counsel for the petitioner submitted that Revenue Department, Government of M.P.has issued guidelines dated 23.7.2010 and 24.8.11 with regard to dealing with the claim of Section Writers for regularization. However, the impugned order has been passed without taking into account the criteria laid down by the aforesaid guidelines. Learned Government Advocate was unable to point out that while passing the order dated 25.11.2011 the Collector has taken into account the guidelines dated 23.7.2010 and 24.8.11 issued by Department of Revenue, Government of M.P.It is furt...
The State of Madhya Pradesh Vs. Jaiprakash Gupta Judgement Given By: H ...
Court: Madhya Pradesh
Decided on: Jan-21-2014
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...
Gopal Singh Vs. the State of Madhya Pradesh Judgement Given By: Hon'bl ...
Court: Madhya Pradesh
Decided on: Jan-21-2014
Gopal Singh versus State of M.P.M.Cr.C.No.15632 / 2013 21.1.2014 Shri Siddharth Datt, learned counsel for the applicant. Smt. Nirmala Nayak, learned Government Advocate for the State. Applicant apprehend his arrest in Crime No.348/2013, registered at Police Station Javar, District Sehore for the offences punishable under Sections 353, 323, 294 and 506 r/w 34 of the IPC. Except for offence under Section 353, all other offences are bailable and co-accused Sobhal Singh and Rajendra Singh in M.Cr.C.No.15630/2013 have been granted bail by co-ordinate Bench of this Court. The case of present applicant and that of co-accused who have been granted bail by this Court is identical. Keeping in view the aforesaid, the application under Section 438 of Cr.P.C.is allowed. It is directed that in the event of arrest, the applicant namely Gopal Singh be released on bail on his furnishing a personal bond in the sum of `25,000/- (Rupees twenty five thousand) with a solvent surety in the like amount to the...
Jogendra Singh Vs. the State of Madhya Pradesh Judgement Given By: Hon ...
Court: Madhya Pradesh
Decided on: Jan-21-2014
M.Cr.C.No.3554/2013 21.01.2014 Shri Rakesh Pandey, Advocate for the applicant. Shri G.S.Thakur, Panel Lawyer Advocate for the respondent/State. Heard on admission. The applicant has preferred this petition under Section 482 of Cr.P.C.against the order dated 26.11.2012 passed by the JMFC Jabalpur in Criminal Case No.4173/2011 whereby the compromise application filed by the parties was dismissed. The brief facts of the case are that a trial for the offence under Sections 457 and 354 of IPC is going on against the applicant. On 26.11.2012 the prosecutrix had filed an application under Section 320(2) of Cr.P.C.Since both the offences were not compoundable, therefore the said application was dismissed. After considering the submissions made by the learned counsel for the parties, it appears that the offence under Sections 453 and 457 of IPC are not compoundable. It is the settled view of Hon'ble the Apex Court that in such offences where there is a personal matter between the parties or the...
Smt. Urmila Gupta Vs. Ashok Kumar Gupta Judgement Given By: Hon'ble Sh ...
Court: Madhya Pradesh
Decided on: Jan-21-2014
1 W.P.No.13728/2013 W.P.13728/2013 21.01.2014 Shri Imitaz Hussain, learned counsel for petitioneRs.Shri N.K.Salunke, learned counsel for respondents. Order dated 15.07.2013 is being assailed vide this petition under Article 227 of the Constitution of India; whereby, on the basis of Will said to be executed by one Mahavir Prasad on 15.10.1987 applicants therein are being allowed to implead the petitioners as respondents on an application filed under Order 1 Rule 10 of the Code of Civil Procedure, 1908. The suit by the petitioners/plaintiffs is for permanent injunction against respondent/defendant No.1 and for a direction to hand over the vacant possession of the suit property situated in Mauja Bhadpura, Shobhapur KhaSr.No.391/7 Plot No.6 and 7 area 60x50=3000 square feet, Mahavir Sadan. In the suit which is directed against respondent/ defendant No.1, respondent No.2 to 6 filed an application under Order 1 Rule 10 of the Code of Civil Procedure, 1908 for impleadment on the ground that t...
Phool Mishra Vs. the State of Madhya Pradesh Judgement Given By: Hon'b ...
Court: Madhya Pradesh
Decided on: Jan-21-2014
M.Cr.C.No.17061 of 2013 21.01.2014 Shri P.S.Gaharwar and Shri U.S.Jaiswal, learned counsel for the applicant. Shri Akhilendra Singh, learned Govt. Adv.for respondent-State. State's counsel submits that he is under receipt of the case diary. With the consent of the parties, the petition is taken up for final hearing for which it is listed today. On behalf of the applicant, this petition is filed under Section 438 of Cr.P.C for grant of anticipatory bail as he is under apprehension of his arrest in connection of Crime No.10/12, registered against him at Police Station Ajaigarh, district Panna for the offence of Sections 379, 406 and 120-B of IPC. The applicant's counsel by referring the order dated 9.5.2012, (Ann. A-2) passed Special Judge, (Sessions Judge).Panna in Bail Application No.160/12 argued that in the impugned Crime No.10/12 other co-accused Ram Singh situated in similar circumstances has been extended the benefit of anticipatory bail while such benefit has been refused by the ...
Ashok Kumar Yadav Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Jan-21-2014
Misc. Criminal Case No.724/2013 Misc. Criminal Case No.4396/2013 21.01.2014 Shri Shyam Vishwakarma, Advocate for the petitioners. Shri D.K.Paroha, Panel Lawyer for the State. Shri Raman Patel, Advocate for the complainant. Present petitions have been directed seeking relief of transfer of Criminal Case No.16725/2012 from the Court of Abdullah Ahmed, J.M.F.C. Jabalpur to some other districts.2. On 10.1.2013 father of the accused and on 4.4.2013 accused himself preferred the petitions seeking aforesaid relief on the following grounds:- (A) That, the matter is related to the alleged murder of practicing Advocate and therefore applicant feels that his son shall not get justice as he shall not get fair and impartial trial at Jabalpur. (B) That, since the matter is related to the alleged murder of an Advocate the witnesses shall be under the pressurization of the politicians as also Advocates in Jabalpur Court. (C) That, there might arose some questions of law of unusual difficulty an...
The State of Madhya Pradesh Vs. Shakir Mohammad @ Babbu Judgement Give ...
Court: Madhya Pradesh
Decided on: Jan-21-2014
M.Cr.C.No.1179/2011 21.1.2014 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 28.10.2010 passed by Special Judge (NDPS) Sidhi in Special Case No.67/2009 whereby the respondent was acquitted from the charge of offence punishable under Section 8 read with Section 20(B)(ii)(b) of the Narcotic Drugs and Psychotropic Substances ACT (hereinafter referred to as the NDPS Act).The prosecution's case in short is that on 3.11.2009 A.S.I.Ramdev Urmaliya (PW7).who was posted at Police Station Kamarji, Sidhi received an information that the applicant had some Ganja (cannabis) with him and therefore, after observing the various formalities, he went to the spot and recovered approximately 7.900 kg. of Ganja (cannabis) from the applicant. Various memos were prepared and after taking samples from the seized property the remaining seized property as well as the samples were sealed and handed ove...
Phool Singh Vs. Principal Secretary the State of Madhya Pradesh Judgem ...
Court: Madhya Pradesh
Decided on: Jan-21-2014
Phool Singh & ORS.versus State of M.P.& ORS.Writ Petition No.986 / 2014 21.1.2014: Shri Rakesh Sharma, learned counsel for the petitioneRs.Shri Amit Pandey, learned Panel Lawyer for the State. It is stated in the petition that in terms of the provisions of Madhya Pradesh Janpad Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1998, the petitioners would be entitled to grant of regular pay scale of the post of Shiksha Karmi. However, such a claim is not being considered, therefore, this writ petition is required to be filed. It is further stated that identical claim was made before the Indore Bench of this Court in W.P.No.602/2010 (S) by certain teachers of the similar category namely Mohanlal & others and the said writ petition has been disposed of vide order dated 22.01.2010 directing consideration of the claim of the persons like petitioners and, therefore, similar treatment may be given to the petitioneRs.This Court in the case of Mohanlal (supra) has passed th...
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