Madhya Pradesh Court January 2014 Judgments
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Mamta Sharma Vs. the State of Madhya Pradesh Judgement Given By: Hon'b ...
Court: Madhya Pradesh
Decided on: Jan-30-2014
W.P.No.1394/2014 30.01.2014 Shri Ramakanat Awasthi, Advocate for the petitioneRs.Shri Sanjay Dwivedi, Govt. Advocate for the respondents. The petitioners have sought following reliefs:- "(i) To issue a writ in the nature of mandamus directing the respondents to grant benefit of regular pay scale after completion of 3 years of probationary period to the petitioners in terms of the benefit contained in rule 7 of the Rules 1998, in the interest of justice. (ii) To issue a writ in the nature of mandamus directing the respondents to pay all consequential benefits to the petitioners as extended to similar situated employees. (iii) Any other relief which this Hon'ble Court may deems fit and proper may also be passed together cost of the petition." It is submitted that the petitioners are entitled for benefits of regular pay scale from the initial date of their appointment on the post of Assistant TeacheRs.The petitioners have also placed reliance on the order Annexure P-5 passed by this Court...
Balram Prasad Tiwari Vs. Secretary School Education Dept. the State of ...
Court: Madhya Pradesh
Decided on: Jan-30-2014
W.P.No.1237/2014(S) 30.1.2014 Shri Jitendra Arya, counsel for petitioneRs.Shri Sanjay Dwivedi, G.A., for respondents. The petitioners have sought following reliefs :- (1) That, the Hon'ble Court may kindly be pleased to direct the respondents to pay the arrears and regular pay scale from the date of the regularization of the petitioners in service. (2) That, the Hon'ble Court may kindly be pleased to direct the respondents to decide the case of the petitioners in the light of the order dated 10.4.2013 passed in W.P.No.5022/2013. (3) That, the Hon'ble Court may kindly be pleased to direct the respondents to decide the case of the present petitioners in the light of the order dated 22.1.2010 passed in W.P.No.602/2010 by Hon'ble Indore Bench. (4) Any other suitable relief deemed fit in the facts and circumstances of the case may also kindly be granted together with the cost of the present case. Learned counsel for petitioners submitted that the controveRs.involved in this case is squarely...
Smt. Triveni Chouksey Vs. the State of Madhya Pradesh Judgement Given ...
Court: Madhya Pradesh
Decided on: Jan-30-2014
1 W.P.No.1393/2014 Smt.Triveni Chouksey State of M.P.& others 30.1.2014 Shri R.K.Jaiswal, Counsel for petitioner. Shri Sanjay Dwivedi, G.A for respondents. Petitioner has sought for following reliefs:- (i) That, the Hon'ble Court may kindly be issue appropriate writ to command the respondents to pay the entire amount balance in the GPF account to the petitioner and pay fixation of senior pay scale of upper division teacher as per rules. (ii) Any other relief which this Honourable Court may deem fit and proper, including the cost of the litigation. Case of the petitioner is that petitioner's pay during couRs.of service was not properly fixed, affecting the pensionary benefit. It is also submitted that petitioner has not been paid the GPF amount by the respondent No.4 till date though petitioner has been superannuated on 30.9.2011. Aforesaid grievance of the petitioner can be redressed by the respondents No.2 & 4, if appropriate representation is filed to them. Considering the grievance ...
Rakesh Chouhan Vs. Chairman Hindustan Copper Limited Judgement Given B ...
Court: Madhya Pradesh
Decided on: Jan-30-2014
---1--- W.A.No.554/2012 30.1.2014 Ms.C.V.Rao, learned counsel for the appellant. Shri Rajneesh Gupta, learned counsel for the respondent on advance copy. Per A.K.Shrivastava, J. Heard counsel for the parties. The order dated 17.4.2012 passed in W.P.No.2623/2011 has been challenged by the writ petitioner by filing this writ appeal under Section 2 (1) of the M.P.Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005. No exhaustive statement of facts are required to be narrated for disposal of the present case. Suffice it to say that the same have been dealt with in para 2 to 4 of the impugned order by the learned Single Judge. Indeed, the employment of the writ petitioner/appellant was challenged by filing the writ petition. The learned writ Court on the basis of the averments made in the writ petition and in the return and the material available on record came to hold that the employer who purportedly issued the certificate on the basis of which the writ petitioner/appellant procured e...
Asad Khan Zilani Vs. Kumari Anna Khan Judgement Given By: Hon'ble Shri ...
Court: Madhya Pradesh
Decided on: Jan-30-2014
1 Cr.R.No.1718/13. 30.1.2014. Shri S.P.Tiwari, learned counsel for the applicant. Shri A.K.Singh, learned counsel for the respondent. This case is listed today for consideration of I.A.No.19911/2013, applicant's application for grant of stay, on which some ex-parte interim order dated 9.10.2013 on the date of admission of this revision was passed and IA No.1254/14, respondent's application for vacating such ex-parte interim order. Considering the nature of question involved in this revision instead to hear the arguments on the aforesaid IAs with the consent of the parties the revision is heard finally. The applicants/ father of the respondents, minor girls aged about 6 and 4 years respectively have filed this revision under Section 397/401 of Cr.P.C. being aggrieved by the order dated 5.6.13 (Ann. P.1) passed by the Principal Judge, Family court, Bhopal in M.J.C. No.501/12, whereby allowing the interim application of the respondents he has been directed to pay each of them to Rs.1,000/...
John Verghese Vs. Sudheer Datt Judgement Given By: Hon'ble Shri Justic ...
Court: Madhya Pradesh
Decided on: Jan-30-2014
1 HIGH COURT OF MADHYA PRADESH AT JABALPUR MISCELLANEOUS CRIMINAL CASE NO.15917/2013 John Verghese and another versus Sudheer Datt and another Present: Hon'ble Shri Justice Rajendra Menon -------------------------------------------------------------------------------------- Shri Mrigendra Singh, learned counsel for the applicants. Shri Manish Datt, Senior Advocate with Shri Amitabha Gupta, learned counsel for the non- applicant No.1. Shri Rahul Jain, learned Deputy Advocate General for the non-applicant No.2. -------------------------------------------------------------------------------------------- ORDER (30.01.2014) Seeking quashment of a criminal proceeding registered against the applicants before the Judicial Magistrate First Class, Jabalpur being Criminal Case No.MJC79572013 on a private complaint filed by non-applicant No.1 for certain offences under sections 193,467,468 of the Indian Penal Code, this application has been filed under section 482 of Cr.P.C.2. Applicant No.1 claim...
Ram Kumar Singh Vs. Rajkumari Judgement Given By: Hon'ble Shri Justice ...
Court: Madhya Pradesh
Decided on: Jan-29-2014
M.Cr.C.No.9316/2012 M.Cr.C.No.9316/2012 29.1.2014 Shri R.S.Siddiqui, counsel for the applicant. Shri G.S.Thakur, Panel Lawyer for the State/ respondent No.2. Looking to the nature of the impugned order dated 1.8.2008 passed by the learned JMFC, Satna in unregistered criminal complaint lodged by the complainant Rajkumari Mishra (case is related to criminal case No.2707/2008).there is no need to summon the respondent No.1 before this Court for disposal of the present application under section 482 of the Cr.P.C.After hearing the learned counsel for the parties, it appears that the police had registered a case against 4 accused persons, whereas the complainant Rajkumari had lodged the complaint against 7 persons. Out of them, the accused No.6 is shown to be Chief Municipal Officer, Birsinghpur, District Satna, whereas no name of Chief Municipal Officer is mentioned in the complaint and therefore, prima facie it cannot be said that the complaint is related to the present applicant. Moreover...
M/s Mihani Network Vs. Commissioner Customs and Central Excise Judgeme ...
Court: Madhya Pradesh
Decided on: Jan-29-2014
C.E.A.No.10/2013 29.01.2014 Shri Sanjay Mishra, Advocate for the appellant. Shri S.A.Dharmadhikari, Advocate for the respondent. Heard counsel for the parties. As short question is involved, appeal is taken up for final disposal forthwith, by consent. This appeal takes exception to the order dated 20.2.2013 passed by the CustoMs.Excise and Service Tax Appellate Tribunal, dismissing the application preferred by the appellant for condonation of delay in filing of the appeal. The appellant had filed appeal against the order dated 12/21.8.2009. The appeal was presented on 23.8.2010 after expiry of limitation period. The reason stated by the appellant was essentially one of default of Advocate Shri Arup K.Das of Jabalpur. Nodoubt, the Tribunal has rejected the said application firstly because of non-appearance of the Advocate at the time of hearing but also adverted to merits of the plea for condonation of delay and found that the same was only to detract the proceedings so as to avoid paym...
Dayaram Vs. Anandrao Judgement Given By: Hon'ble Shri Justice N.K. Gup ...
Court: Madhya Pradesh
Decided on: Jan-29-2014
M.Cr.C.No.7182/2013 29/01/2014 Shri R.K.Khare, Advocate for the applicants. Heard on admission as well as IA No.12774/13, an application for stay. The applicants have preferred the present application under Section 482 of Cr.P.C.against the order dated 25.10.2012 passed by the SDM Saunsar in Criminal Case No.83/2011 whereby the applicants were prohibited to go from the way which was in the possession of the respondent No.1. In Criminal Revision No.220/2012 the learned Sessions Judge, Chhindwara vide order dated 17.5.2013 dismissed the revision. The applicants have also challenged the order of the Revisionary Court. The brief facts of the case are that the respondent No.1 Anandrao was the landlord of the land bearing Survey No.181/1 of Mouja Mohgaon, Patwari Halka No.14 of Tahsil Saunsar. Fatehlal Sahu gave way having width of 9 ft. so that the respondent No.1 could go to his field. When the respondent No.1 was affixing a new gate by removal of the previous damaged gate, the applicants ...
Javed Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble Shri ...
Court: Madhya Pradesh
Decided on: Jan-29-2014
CRR No.71/2013 Criminal Revision No.71/2013 29.1.2014 Shri Sankalp Kochar, counsel for the applicants. Shri Prakash Gupta, Panel Lawyer for the State/respondent. As prayed by the learned counsel for the applicants, heard them finally. The applicants have challenged the order dated 3.12.2012 passed by the learned Additional Sessions Judge, Begumganj, District Raisen in S.T.No.255/2012, whereby the charges for offence under sections 307 or 307/34 of IPC were framed against the applicants alongwith other charges. The prosecution's case, in short, is that, on 5.3.2012, Raza and Riyaz were beaten by the applicants with help of various instruments including sword. The charge of offence under section 307 of IPC is framed against the applicants for the injuries caused to the victim Raza. He sustained a lacerated wound on the parietal region and abrasion over the elbow. After considering the submissions made by learned counsel for the parties and the evidence collected by the prosecution, it ap...
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