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Madhya Pradesh Court January 2014 Judgments

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Jan 15 2014

The State of Madhya Pradesh Vs. Raj Kumar Mishra Judgement Given By: H ...

Court: Madhya Pradesh

Decided on: Jan-15-2014

1 W.P.No.16693/2013 Writ Petition No.16693/2013 15.01.2014 Shri S.S.Bisen, learned Government Advocate for Petitioner. This petition under Article 226/227 of the Constitution of India is directed against the order dated 02.03.2002, passed by the Labour Court , Rewa and order dated 28.01.2003, passed by the Industrial Court, Rewa. Petitioners also assail the orders dated 19.12.2012 and 29.01.2013. Whereas, by order dated 19.12.2012 Labour Court allowed respondent workman's application under Section 108 of MPIR Act, 1960 seeking execution of order dated 02.03.2002. By order dated 29.01.2013 miscellaneous appeal preferred by the petitioners herein against said order has been dismissed. By order dated 02.03.2002 Labour Court allowed the application under Section 31 read with Section 61 M.P.Industrial Relation Act, 1960, filed by respondent, seeking classification as permanent employee, whereas, by order dated 28.01.2003, an appeal preferred by the petitioner herein against the order of per...


Jan 15 2014

Harishchand JaIn Vs. the State of Madhya Pradesh Judgement Given By: H ...

Court: Madhya Pradesh

Decided on: Jan-15-2014

Harishchand Jain versus State of M.P.& ORS.Writ Petition No.528 / 2014 15.1.2014: Shri R.K.Mishra, learned counsel for the petitioner. Shri Amit Pandey, learned Panel Lawyer for respondent/ State. The petitioner claims grant of regular pay scale from the initial date of appointment. The benefit is claimed by the petitioner in the light of the order passed by the Division Bench at Indore Bench of this Court, in W.A.No.346/2008 (Smt. Usha Ranawat versus State of M.P.and others).dated 18-12-2008. By the aforesaid order passed, more than 25 writ appeals claiming similar benefits were decided and it was directed that the benefit of pay fixation in the regular pay scale from the initial date of appointment shall be made to the petitioner therein. In fact the Division Bench has upheld the orders passed by the learned Single Judge in various cases and while deciding the writ appeals in para-19 the following directions were issued by the Division Bench: 19. In view of the foregoing discussion, ...


Jan 15 2014

Smt. Phool Kumari Bai Singare Vs. the State of Madhya Pradesh Judgemen ...

Court: Madhya Pradesh

Decided on: Jan-15-2014

W.P.No.19738/2013 15.01.2014 Shri Basant Pandey, learned counsel for the petitioner. Shri Piyush Dharmadhikari, learned Government Advocate for the respondents/State. Shri R.N.Singh, learned Senior Advocate with Shri A.J.Pawar, learned counsel for the respondent Nos.3 & 4. This petition is the fall out of Writ Petition No.14295/2013, which has already been admitted. In these circumstances, even this petition deserves to be admitted and heard along with the said writ petition. Ordered accordingly. In the present petition, however, the petitioners are seeking interim direction against the State Authorities to release the payment for the printing work undertaken by them. The challenge in the leading writ petition (4295/2013).which has been admitted, is that the work alloted to the petitioners herein could be got executed only through the Government Printing Press and not through Private Contractors as per the policy, which was binding on the Respondent Authorities. It is also the case of ...


Jan 15 2014

Jagmohan Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble S ...

Court: Madhya Pradesh

Decided on: Jan-15-2014

M.Cr.C.No.15525/13 15.01.2014 Shri L.N.Sakle, learned counsel for the applicant. Shri Sanjay Dwivedi, learned Govt. Adv.for the State/respondent. Heard. The applicant has filed this petition under Section 439 of Cr.P.C., for grant of bail as he is in custody since 2.7.2013, in connection of Crime No.61/13 registered at Police Station Chandla, District Chhatarpur, for the offence under Sections 304-B, 498-A of I.P.C.and Sections 3/4 of Dowry Prohibition Act. Applicants counsel argued that after holding the investigation, the charge-sheet has been filed and by referring the papers of the charge-sheet, he said that even on taking the evidence collected by the investigating Agency as accepted in its entirety, even then no offence under Section 304-B of I.P.C.is made out against the applicant. In continuation he said that from the date of committing the suicide by Anju, her brother was in the family of the applicant from the last two days and during that period, no quarrel took place as sta...


Jan 15 2014

S.R. Mathankar Vs. the State of Madhya Pradesh Judgement Given By: Hon ...

Court: Madhya Pradesh

Decided on: Jan-15-2014

Writ Petition No.22052/2013 15/01/2014 Shri Wakeel Khan, learned counsel for the petitioneRs.The petitioners are aggrieved by the order of posting issued by the Additional Collector on the directions of the Collector, stating that the employees working in the Registration Office are not to be disturbed or posted against the voice of the directions issued by the Inspector General of Registration and Superintendent of Stamp, M.P.It is contended that vide circular dated 30th September, 1985 such type of attachment is prohibited with a specific condition that such orders are not required to be issued without the prior approval of the issuing authority i.e.the Inspector General of Registration and Superintendent of Stamp, M.P.It is contended that the order has been issued only on the recommendations of the District Registrar, Betul and, therefore, the order is bad in law. Though a notice is given, but since no action is taken by the authorities, this writ petition is required to be filed. F...


Jan 15 2014

Narayan Kahar Vs. Mukesh Kumar Chourasiya Judgement Given By: Hon'ble ...

Court: Madhya Pradesh

Decided on: Jan-15-2014

HIGH COURT OF MADHYA PRADESH : AT JABALPUR Misc. Appeal No : 4733 of 2008 Narayan Kahar - V/s - Mukesh Kumar Chourasiya & Another Misc. Appeal No : 4734 of 2008 Dalchandra Kahar - V/s - Mukesh Kumar Chourasiya & Another Misc. Appeal No : 4735 of 2008 Ramdayal Kahar - V/s - Mukesh Kumar Chourasiya & Another Present : Honble Shri Justice Rajendra Menon. -------------------------------------------------------------------------------------- In all the three cases: Shri Pranay Verma with Shri K.S.Jha, counsel for the appellants. Shri Sankalp Kochar with Shri V. Mishra, counsel for the respondents. -------------------------------------------------------------------------------------- Whether approved for reporting: Yes / No.ORDER1501/2014 As all the three appeals filed under section 173 of the Motor Vehicles Act arise out of the same accident and as challenge is made to three different awards passed by the Additional Motor Accident Claims Tribunal, Gadarwara, District Narsinghpur in three di...


Jan 15 2014

Smt. Keerti Pandey Vs. the State of Madhya Pradesh Judgement Given By: ...

Court: Madhya Pradesh

Decided on: Jan-15-2014

Writ Petition No :: 12307 / 2013 Smt. Keerti Pandey and others versus State of MP and others 15.01.2014. Shri N.S.Thakur for the petitioneRs.Shri Rahul Jain, Dy. Advocate General, for State. Shri P.K.Kaurav and Shri Ashish Patel for respondent No.2. None for respondent No.3. Petitioners were students who was granted admission to the B.Ed CouRs.in the Academic Session 2007-08, and contending that their result is not being declared by the University, this writ petition has been filed. Learned counsel for the respondents point out that this is one of the case where the recognition and affiliation granted to the Institute in question i.e AadaRs.B.Ed College, Seoni, was cancelled; recognition was never granted to the Institute in question; and, the Institute without even grant of recognition admitted the students. The matter came to this Court and thereafter travelled to the Supreme Court in a SLP filed. The Supreme Court, in the SLP filed by most of the colleges, passed an interim order di...


Jan 15 2014

Raju Anthoni Vs. Smt. Aarik Marry Swami Judgement Given By: Hon'ble Sh ...

Court: Madhya Pradesh

Decided on: Jan-15-2014

CR NO.384/13 15/01//2014 Shri Nitin Pendharkar, learned counsel for the petitioneRs.Heard on I.A.No.249/2014 under Order 22 Rule 3 CPC, I.A.No.722/2004 under Order 22 Rule 9 of CPC and I.A.No.723/2014 under section 5 of the Limitation Act in the matter of bringing legal heirs of petitioner no.2 on record. I.A.No.249/14 is allowed and the legal heirs of petitioner no.2 are brought on record. Necessary amendment be made in the cause title during the couRs.of the day. Heard on the question of admission. Challenge in this revision under section 115 of the Code of Civil Procedure is made to an interlocutory order dated 22-08-13, passed by the 14th Civil Judge Class-I Jabalpur in Civil Suit No.394-A/ 2013, by which an application filed by the petitioners/defendants in the suit under Order 7 Rule 11 CPC has been rejected. Respondent/plaintiff has filed suit in question claiming her right, possession and declaration over the suit property. Application under Order 7 Rule 11 was filed by the pet...


Jan 15 2014

Sarpanch Gram Panchayat Amoli Vs. Deepchand Judgement Given By: Hon'bl ...

Court: Madhya Pradesh

Decided on: Jan-15-2014

1 Writ Petition No. 16533/2012 15.1.2014 Shri Sanjay Jain, learned counsel for the petitioner. Shri S.D. Gupta, learned counsel for respondent Nos. 1 and 2. Ms. Vandna Shrivastava, learned counsel for respondents No. 3 and 4. With consent of learned counsel for the parties, the matter is heard finally. This petition under Article 227 of the Constitution of India is directed against the order dated 27.6.2012 passed by III Additional Judge, Class II to the Court of Civil Judge Class II, Waraseoni; whereby, an application under Order 6 Rule 17, Code of Civil Procedure, 1908 filed by respondents/plaintiff Nos. 1 and 2 seeking amendment in the suit has been allowed. Suit by respondent Nos. 1 and 2 for declaration and permanent injunction in respect of agricultural land situated in village Amoli, Patwari Circle No. 9, Revenue Circle and Tahsil Lalbarra, district Balaghat bearing Khasra No. 278 (area ...


Jan 15 2014

Suhag Singh Vs. the Sub Divisional Officer, Timerni Judgement Given By ...

Court: Madhya Pradesh

Decided on: Jan-15-2014

1 Writ Petition No. 16583/2013 15.1.2014 Shri K.S. Rajput, learned counsel for the petitioner. Heard on admission. In this petition under Article 227 of the Constitution of India, assail is to an order dated 27.7.2013, passed in Misc. Civil Appeal No. 6/2011 by I Additional District Judge, Harda whereby an appeal preferred by the petitioner under Order 43 Rule 1 (r) of the Code of Civil Procedure, 1908 has been dismissed thereby affirming the order dated 25.1.2011 passed by II Civil Judge Class II, Harda, rejecting the application preferred by the petitioner under Order 39 Rule 1 and 2 Code of Civil Procedure, 1908. Suit at the instance of petitioner along with one Ganesh Singh S/o Bhagwat Singh is for declaration and permanent injunction in respect of agricultural land bearing Khasra No. 148/4 and 148/6 admeasuring 3.6 acres situated at village Nandwa, Tahsil Timarni district Harda. Along with the plaint, petitione...


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