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Madhya Pradesh Court January 2014 Judgments

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Jan 21 2014

Smt. Urmila Gupta Vs. Vijay Kumar Gupta Judgement Given By: Hon'ble Sh ...

Court: Madhya Pradesh

Decided on: Jan-21-2014

1 W.P.No.13722/2013 W.P.13722/2013 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...


Jan 21 2014

Padam Sanodiya Vs. Rajesh Judgement Given By: Hon'ble Shri Justice San ...

Court: Madhya Pradesh

Decided on: Jan-21-2014

1 C.R.122/2012 C.R.122/2012 21.01.2014 Ms.Varsha Kothari learned counsel for petitioner. Shri D.N.Shukla, learned counsel for respondent No.3. Shri Dinesh Koshal, learned counsel for respondent No.5. Present revision at the instance of owner of offending vehicle i.e.Dumper bearing registration No.MP-20-GA-0964 is directed against award dated 09.09.2011 passed by Second Additional Motor Accident Claims Tribunal, Waraseoni; whereby, in lieu of injuries sustained in an accident which occurred on 14.01.2008 the impugned award has been passed. At the outset it is submitted that in a similar challenge under Section 173 of the Motor Vehicles Act, 1988 vide MA No.943/2012 and MA No.944/2012 the matter has been remitted to the Tribunal to examine the aspect as to whether the Driver of the appellant was in possession of valid driving license. The copy of orders passed in MA No.943/2012 and MA No.944/2012 are brought on record. It was held therein : "Undisputedly, appellant appeared before the le...


Jan 21 2014

Surendra Singh Rajput Vs. the State of Madhya Pradesh Judgement Given ...

Court: Madhya Pradesh

Decided on: Jan-21-2014

Writ Petition No :: 20269 / 2012 Surendra Singh Rajput versus State of MP and others 21.01.2014. Shri D.K.Tripathi for the petitioner. Smt. Nirmala Nayak, Government Advocate, for State. Seeking correction of his date of birth and challenging the order passed by the respondents rejecting his claim for correction of date of birth, petitioner has filed this writ petition. Petitioner entered the service in the respondents department as a constable on 12.6.1974. According to the petitioner at the time of entry in service, his service book was prepared. It is stated that petitioner at the relevant time produced a school leaving certificate Annexure A/2, showing his date of birth as 27.10.1955. Petitioner has also produced a driving license Annexure A/3, showing his date of birth to be 27.10.1955. He also produced a pan card Annexure A/4, wherein also his date of birth is shown as 27.10.1955. According to the petitioner, inadvertently at the time of entry into service his date of birth ha...


Jan 21 2014

Rajeev Ghai Vs. Sanjay Kumar Gupta Judgement Given By: Hon'ble Shri Ju ...

Court: Madhya Pradesh

Decided on: Jan-21-2014

1 M.Cr.C.No.7855/2013 21/1/2014. Shri R.K.Pandey, learned counsel for the petitioner. Shri Anirudh Mishra, learned counsel for the respondent. Challenge in this petition under Section 482 of Cr.P.C.has been made to an order dated 20.5.2013 passed by the learned Judicial Magistrate FiRs.Class, Maihar, District Satna in complaint Case No.1418/2010. Respondent Complainant had filed an application under Section 138 of Negotiable Instruments Act against the petitioner and proceedings are pending in the Court below. In the said proceeding an agreement dated 5.8.2008 has been produced and petitioner filed an application for summoning an Officer from the Sub Registrar's Office for verifying as to when the stamp paper on which the agreement has been executed was purchased. This application has been rejected by the Court mainly on the ground that the agreement in question has already been taken on record and exhibited as document and therefore, summoning of the Officer from the office of 2 M.Cr....


Jan 21 2014

M/s Suresh Chandra Gupta Vs. M.P. Rural Road Development Authority Jud ...

Court: Madhya Pradesh

Decided on: Jan-21-2014

W.P.NO.10269/2012 20/01//2014 None appears for the petitioner. This petition was filed in the year 2012 and is yet to be admitted. The matter was listed on 18-07-2012 when the learned counsel for the petitioner took time to file certain judgments. Today when the case is taken up, none appears and therefore we have perused the record and are deciding the matter based on material available on record. In this writ petition under Article 227 of the Constitution of India, challenge is made to an order dated 13-02-2012, passed by the M.P.Co-operative Tribunal in FiRs.Appeal No.29/2008, whereby the appeal filed by the respondent/Bank under the provisions of M.P.Cooperative Societies Act, 1960 has been allowed and an order passed by the competent authority namely Joint Registrar, Cooperative Societies, Rewa in a proceedings held under section 55(2) read with section 64 of the Cooperative Societies Act,1960 has been interfered with. Facts in brief go to show that the petitioners herein are the ...


Jan 21 2014

Munna Singh Vs. Mahendra Kumar Yadav Judgement Given By: Hon'ble Shri ...

Court: Madhya Pradesh

Decided on: Jan-21-2014

1 W.P. No. 15055 Of 2010 21.1.2014 Shri Atul Choudhary, learned counsel for petitioner. Shri Sanjeev Kumar Singh, learned counsel for respondent. With consent of learned counsel for parties, the matter is heard finally. This petition under Article 227 of the Constitution of India is directed against order dated 17.9.2010 passed by II Additional District Judge, Rewa in civil Suit No. 2A/2010; whereby, while allowing an application under Order 7 Rule 11, Code of Civil Procedure, 1908 filed by respondent/defendant, the petitioner/ plaintiff has been directed to pay the ad valorem court fee. Suit at the instance of petitioner is for declaration of ownership and permanent injunction in respect of Araji No. 3573/1 area 0.83 acres situates at Mohalla Amahiya Rewa, Tahsil Huzur, district Rewa on the ground that the petitioner is in possession of suit land since 195556. The petitioner/plaintiff has affixed...


Jan 21 2014

Poorandas Bairagi Vs. Parmeshwar Das Bairagi Judgement Given By: Hon'b ...

Court: Madhya Pradesh

Decided on: Jan-21-2014

Civil Revision No.113/2012. 21.1.2014. Shri R.K.Nagar, learned counsel for petitioner. Shri S.B.Agnihotri, learned counsel for respondent. There is delay of 107 days in filing the civil revision. I.A.No.3935/2012, an application under Section 5 of the Limitation Act, 1963 for condonation of delay. Reason assigned in the interlocutory application is that the petitioner had earlier filed Writ Petition 17338/11 and the said petition was allowed to be withdrawn with liberty to prefer a civil revision. It is contended that the writ petition, which was directed against the order-dated 19.8.2011 passed by VIII Civil Judge Class I, Jabalpur, was preferred within time. There being sufficient explanation in respect of delay caused in filing the civil revision, the I.A.stands allowed and delay of 107 days is hereby condoned. With consent of learned counsel for the parties, the matter is heard finally. This revision, under Section 115 of the Code of Civil Procedure, 1908 (for short 'CPC') at the i...


Jan 21 2014

Abhay Singh Vs. Collector / District Magistrates the State of Madhya P ...

Court: Madhya Pradesh

Decided on: Jan-21-2014

1 W.P.No.912/2014 Abhay Singh & ANo.versus State of M.P.& ORS.21.01.2014 Shri Sankalp Kochar, learned counsel for the petitioneRs.Heard on the question of admission. The petitioners have filed this petition being aggrieved by order dated 10.1.2014 passed by the SDO/Registrar, Public Trust, Beena, District Sagar, whereby the petitioners have been directed to hand over charge of the Nabhi Nandan Digambar Jain Hitobhdeshni Sabha, Bina to the respondents. It is submitted by the learned counsel for the petitioners that the petitioners are the old members of the managing committee of the Trust and there is a dispute pending between the parties i.e., Civil Suit namely; C.S No.67-A/13, before the Civil Judge Class-II Bina, and there is an order of status quo issued by the Court. It is submitted that in the meanwhile, the respondents have filed an application before the Registrar, Firms and Societies and got their names registered in the register on the basis of which the Registrar, Public Trus...


Jan 21 2014

M/s Aakib Travels Vs. the State of Madhya Pradesh Judgement Given By: ...

Court: Madhya Pradesh

Decided on: Jan-21-2014

1 Writ Petition No. 16051/2013 21.1.2014 Shri Narendra Nath Tripathi, learned counsel for the petitioner. Ms. Vandana Shrivastava, Panel Lawyer for respondent State. Banking on the order dated 2.7.2008 passed in W.P. No. 4451/2008, the petitioner seeks direction to the respondents to consider the representation preferred by the petitioner regarding payment of certain dues, which accrued in the year 2008 when the buses of the petitioner were attached for Kisan Maha Panchayat scheduled on 25.3.2008. The order passed in W.P. No. 4451/2008, which has been relied upon by the petitioner, was disposed of with a direction to respondent No. 3 therein, i.e., Deputy Director, Agriculture, Dindori, to take a decision with regard to claim putforth by the petitioner therein. In the said writ petition the grievance was raised by the petitioner therein within a close proximity of the alleged claim, i.e., in 2008 itself; ...


Jan 21 2014

Smt. Girja Pendram Vs. Dept. of Tribal Welfare Mantralaya the State of ...

Court: Madhya Pradesh

Decided on: Jan-21-2014

1 W.P.No.975/2014 Smt. Girija Pendram versus State of M.P.& ORS.21.01.2014 Shri Rajmani Mishra, learned counsel for the petitioner. Heard on the question of admission. The learned counsel for the petitioner submits that this Court in W.P No.948/2013 filed by respondent no.5 had directed the respondent authorities by order dated 23.1.2013 to consider and decide the representation of the respondent no.5 regarding charge of Hostel Superintendent of Girls Hostel Newton, Chikhali within two months and till decision on the representation, the respondent no.5 was directed to continue on the post of Hostel Superintendent. It is submitted that this Court had directed the competent authority to decide the representation of the respondent no.5 by giving opportunity of hearing to the petitioner as well and though notices have also been issued to the petitioner and she has filed the reply, but inspite of a lapse of nearly one year the representation of the respondent no.5 has not been decided and, ...


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