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Madhya Pradesh Court January 2014 Judgments

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Jan 20 2014

Radhyashyam Vs. the State of Madhya Pradesh Judgement Given By: Hon'bl ...

Court: Madhya Pradesh

Decided on: Jan-20-2014

HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT, JABALPUR SINGLE BENCH PRESENT: HON'BLE JUSTICE SHRI N. K. GUPTA CRIMINAL APPEAL NO.1246/2012 Samsuddin Vs. State of Madhya Pradesh ........................................................................................................... For the appellant : Shri Sharad Verma, Advocate. For the respondent: Shri Ajay Tamrakar, Panel Lawyer for the State. ........................................................................................................... JUDGMENT (Delivered on the 13th day of September, 2012) The appellant has preferred this appeal against the judgment dated 28.4.2012 passed by the learned Sessions Judge/Special Judge under the SC/ST (Prevention of Atrocities) Act Singrauli in Special Case No.07/2010 whereby the appellant was convicted and sentenced for the following offences : Section Act Sentence Fine Sentence, in amount default of payment of fine. 147 I.P.C Six months R.I. Nil Nil 148 I.P.C. one year's R.I. Rs.500/-...


Jan 20 2014

Vinod Kumar Vs. Pramod Kuamr Judgement Given By: Hon'ble Shri Justice ...

Court: Madhya Pradesh

Decided on: Jan-20-2014

M.Cr.C.No.2134/2008 M.Cr.C.No.2134/2008 20.1.2014 Shri A.K.Gupta, counsel for the applicant. Shri S.D.Khan, G.A.for the State/respondent No.2. Heard on admission. The applicant has challenged the order dated 28.12.2007 passed by the Additional Sessions Judge, Rewa in criminal revision No.312/2007, whereby the order dated 26.9.2007 passed by the SDM, Tahsil Huzur, District Rewa in criminal case No.7/2007 under section 145 of the Cr.P.C.was confirmed. The facts of the case, in short, are that the SHO, Police station City Kotwali, District Rewa filed a complaint under section 145 of the Cr.P.C.that a house of Pramod Kumar was constructed on land bearing survey No.209/20 and the applicant Vinod Kumar was interfering in the possession of that property. After considering the evidence adduced by the parties, the learned SDM vide order dated 26.9.2007 directed that the applicant shall not interfere in the possession of the opposite party. The order passed by the learned SDM was confirmed in cr...


Jan 20 2014

Shriram General Insurance Company Ltd. Vs. Smt. Rekha Pandey Judgement ...

Court: Madhya Pradesh

Decided on: Jan-20-2014

Misc. Appeal No.1612/2013. 20.1.2014. Shri Rajesh Upadhyay, learned counsel for the appellant. Heard on admission. Appellant, Shriram General Insurance Company Limited, being aggrieved by Award dated 14.2.2013 passed in Motor Accident Claims Case No.34/2012 by Second Additional Motor Accident Claims Tribunal (FTC) Link Court Amarpatan, District Satna, has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 against the quantum of compensation awarded in lieu of death of Sunil Kumar Pandey. The victim was employed as Senior Coordinator Sahara India. That, on 22.2.2011 at about 7.30 p.m., while coming from Rewa to Ramnagar along with one Rajjan Soni on his motorcycle bearing registration no.MP-19-MC-9076 was hit at by tractor bearing registration no.MP-19-A-7992 near Village Sigouni Hinouta Police Sation Ramnagar, resulting in severe injuries to which he succumbed during treatment. Respondents no.1 to 5 wife, parents and children filed the claim petition culminating in...


Jan 20 2014

The State of Madhya Pradesh Vs. Bhagat Singh Judgement Given By: Hon'b ...

Court: Madhya Pradesh

Decided on: Jan-20-2014

M.Cr.C.No.9512/2011 20.01.2014 Shri G.S.Thakur, 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 28.3.2011 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Tikamgarh in Special Case No.199/2006 whereby the respondents were acquitted for commission of offence punishable under Sections 147, 148, 325/149, 294 of IPC and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to Special Act).After considering the prosecution evidence adduced by the parties before the Special Judge, it appears that a counter case was registered against the complainant and the victims of this case. By the FIR Ex.D-8 it was found that the incident took place at 8:00 AM in the morning and the FIR was lodged by the respondents at 11:00 in the morning at Police Station Kotwali, Tikamgarh. The complainant of the case had lodged an FIR Ex.P-2 a...


Jan 20 2014

Khemlal Dharne Vs. the Director Judgement Given By: Hon'ble Shri Justi ...

Court: Madhya Pradesh

Decided on: Jan-20-2014

Khemlal Dharne versus The Director & ORS.Writ Petition No.7002 / 2012 20.1.2014: Shri Shrawan Kumar Tiwari, learned counsel for the petitioner. Shri Piyush Dharmadhikari, learned counsel for respondent No.1 Shri Sanjeev Dubey, learned counsel for respondent No.2. Learned counsel for respondents invite our attention to Rule 3.3 of the Ordinance No.28 Annexure R-1, which reads as under : 3.3 The maximum duration for passing all the courses (theory, practicals and industrial training etc.) of the programme shall be FIVE years for 3 years Diploma Programmes, no separate time will given to students for medical or any other reason, whatsoever. Candidates debarred from examination due to UFM cases or any other reason will also have to clear their Diploma programme in the duration mentioned above. Names of those candidates, who are unable to clear their Diploma programme in the stipulated period, will be struck off from the roll list of the college and enrollment register of the University. Le...


Jan 20 2014

Sandeep Rajpoot Vs. the State of Madhya Pradesh Judgement Given By: Ho ...

Court: Madhya Pradesh

Decided on: Jan-20-2014

1 W.P.No.21058/2013 Sandeep Rajpoot & ORS.versus State of M.P.& ORS.20.01.2014 Shri Bhupendra Mishra, learned counsel for the petitioneRs.Heard on the question of admission. The only relief prayed for by the learned counsel for the petitioners is for a direction to the respondent authorities to disbuRs.the compensation amount of the petitioners whose land has been acquired under the provisions of the Land Acquisition Act, and an award in that regard has also been passed by the competent authority. It is submitted by the learned counsel for the petitioners that inspite of the award being passed since the last several yeaRs.the amount of compensation has not been disbursed to the petitioneRs.It is stated that the petitioners have filed a representation before the respondent authorities on 25.5.2006, Annexure P-5, but till date no decision thereon has been taken and, therefore, a direction as prayed for be issued by this Court. Having heard the learned counsel for the petitioneRs.it is se...


Jan 20 2014

Mahadev Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble Sh ...

Court: Madhya Pradesh

Decided on: Jan-20-2014

M.Cr.C.No.14099 of 2013 20.01.2014 Ku. Pooja Gajara, learned counsel for the applicant. Shri Santosh Yadav, learned PL for respondent-State. Heard on IA No.26004/13, an application on behalf of the applicant permitting him to prosecute this petition through Shri Pradeep Naveriya, Adv.and his associates instead the earlier engaged counsel. The same is also supported by an affidavit of the applicant. For the reasons stated in it, the same is allowed and appearing counsel of the applicant alongwith Shri Pradeep Naveriya is permitted to prosecute this petition instead the earlier engaged counsel. Learned PL submits that he is under receipt of the case diary. The case is also listed for final hearing. Heard. 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.394/13, registered against him at Police Station Kundipura, district Chhindwara for the offence punishable un...


Jan 20 2014

Rakesh Kumar JaIn Vs. Bharat Oman Refinery Ltd Judgement Given By: Hon ...

Court: Madhya Pradesh

Decided on: Jan-20-2014

W.P.No.8901/2013 Rakesh Kumar Jain versus Bharat Oman Refinery LTD.& Anr. 20/01/2014 Shri Sankalp Kochar, learned counsel for the petitioner. Shri N.K.Salunke, learned counsel for the respondents. Petitioner has filed this writ petition challenging the order dated 2.4.2013 passed by the Civil Judge Class-II, Bina in Civil Suit No.46-A/2012, whereby an application filed by the petitioner under Order 11 Rule 12 & 14 CPC for supplying certain documents has been rejected. Petitioner wanted the respondent/defendant to produce the original lay out plan and maps pertaining to construction. Petitioner is challenging certain construction being done by the defendant and to say that the same is being done without following the lay out plans and maps, he wants the documents to be produced. The respondents categorically have come out with a case that the construction is being done strictly in accordance with the approved plan and the maps as has been granted by the Public Works Department and that ...


Jan 20 2014

Sandeep Kumar Dwivedi Vs. the State of Madhya Pradesh Judgement Given ...

Court: Madhya Pradesh

Decided on: Jan-20-2014

1 M.Cr.R No.17299 of 2013 20.01.2014 Shri Sanjay K. Agarwal, counsel for the applicants. Shri Sanjay Yadav, PL for the respondent/State. Heard. This petition is preferred under section 438 of the Cr.P.C for grant of anticipatory bail to the applicants as they are under apprehension of their arrest in connection with Crime No.67/2013 registered in P.S Female Police Station District Rewa in respect of offence punishable under sections 498-A/34 IPC and section 3/ 4 of the Dowry Prohibition Act. Applicants counsel submits that the applicant got married with the complainant Seema Dwivedi before six months from the date of alleged incident. Subsequent to marriage, on account of their matrimonial dispute a petition under section 10 of the Hindu Marriage Act was filed by the applicant against her, on which, in order to create the defence in such case the complainant has lodged the FIR on false allegations and implicated the applicant and his family members along with some relatives in the impu...


Jan 20 2014

Smt. Imla Dhurve Vs. the State of Madhya Pradesh Judgement Given By: H ...

Court: Madhya Pradesh

Decided on: Jan-20-2014

1 W.P.No.20369/2013 W.P.No.20369/2013 20.01.2014 Shri Ramnaresh Vishwakarma, learned counsel for petitioner. Shri Amit Seth, Panel Lawyer for respondents/State. Petitioner initially appointed as Shiksha Karmi under the provisions of the Madhya Pradesh Janpad Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1998. Subsequently, being absorbed as Sahayak Adhyapak in pursuance to the Madhya Pradesh Adhyapak Samvarg (Employment and Conditions of service) Rules 2008 and granted regular pay-scale with effect from 01.04.2007 seeks direction to the respondents to grant regular pay-scale from the date of their initial appointment as Shiksha Karmi. During the couRs.of submission, it is being stated by learned counsel for petitioner that similarly situated persons have approached this Court vide writ petition No.602/2010(s) : Mohanlal and ors.v.State of Madhya Pradesh decided on 22.01.2010 & writ petition No.4720/2013 : Jitendra Yadav v. State of Madhya Pradesh and these peti...


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