Madhya Pradesh Court January 2014 Judgments
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Sadhna Singh Vs. Mahendra Pratap Singh Judgement Given By: Hon'ble Shr ...
Court: Madhya Pradesh
Decided on: Jan-03-2014
Sadhna Singh versus Mahendra Pratap Singh M.C.C.No.343 / 2013 3.1.2014: Shri Raj Bahadur Singh, learned counsel for the petitioner. Shri Mahendra Saraf, learned counsel for respondent. This is transfer application under Section 24 of the Criminal Procedure Code read with Section 10 of the Family Court Act seeking transfer of certain proceedings pending before the District Court Shahdol to the District Court Sidhi. Petitioner and respondent were married to each other and due to certain dispute that arose various proceedings are pending in the courts at Shahdol and Sidhi. The present proceeding under Section 13 of the Hindu Marriage Act is filed in the District Court at Shahdol being case No.32-A/2012 and this application has been filed for transfer of the said case from Shahdol to Sidhi. It is stated that at the instance of the applicant wife certain proceedings for restitution of conjugal rights have been registered as Case No.10-A/2013 and same is pending in the court of District Judg...
Abhinandan Diwakar Vs. Smt. Kanta Diwakar Judgement Given By: Hon'ble ...
Court: Madhya Pradesh
Decided on: Jan-03-2014
1 C.R.No.6/2013. 3.1.2014. Shri Akhilesh Jain, learned counsel for the applicant. Heard on the question of admission. The applicant/ defendant No.1 has filed this revision under Section 115 of CPC being aggrieved by the order dated 20.11.2012 passed by 1st Civil Judge Class-II, Seoni in Co.No.64-A/2012, whereby his application filed under Order 7 Rule 11 of CPC for dismissal of the suit on the ground that in view of the prayer for possession of the disputed shop, the suit is neither properly valued by the respondent No.1 and 2 nor the proper court fees has been paid accordingly, has been dismissed. After taking me through the averments of the petition along with the papers placed on record the case was argued at length saying that mere perusal of the plaint, it is apparent that impugned suit has been filed for perpetual injunction and also for mandatory injunction to restore the possession of the respondent No.1 over the disputed shop, so in such premises the suit was filed for possess...
Rajwant Singh Vs. Bharat Sanchar Nigam Limited Judgement Given By: Hon ...
Court: Madhya Pradesh
Decided on: Jan-02-2014
Rajwant Singh versus Bharat Sanchar Nigam LTD.& ORS.Writ Petition No.16497 / 2013 2.1.2014: Shri Rajneesh Gupta, learned counsel for the petitioner. Shri V.P.Nema, learned counsel with Shri HaRs.Gupta, counsel for respondents. Challenging the order Annexure P-1 dated 14.8.2013, rejecting an application filed by petitioner under Section 19 of the Administrative Tribunals Act, this writ petition has been filed under Article 227 of the Constitution of India. Petitioner has initiated the proceedings by filing a writ petition being W.P.No.10067/2006 (s) before this Court and in the said writ petition it was the grievance of petitioner that he has not been granted promotion on the post of JAG in comparison to his junior Shri S.S.Gill, who has been granted promotion in an exercise that was conducted in July, 1999. It is an admitted position that Shri S.S.Gill was junior to petitioner and he has been promoted. However, after the Bharat Sanchar Nigam Limited was notified under Section 14 of the...
Godhan Singh Baghel Vs. the State of Madhya Pradesh Judgement Given By ...
Court: Madhya Pradesh
Decided on: Jan-02-2014
Writ Petition No.19396/2013. 2.1.2014. Shri Mohan Sausarkar, learned counsel for petitioner. Shri S.S.Bisen, learned Government Advocate for State of M.P.on advance notice. Heard. Order-dated 17.10.2013 passed by Collector, Seoni is being assailed vide this petition under Article 226 of the Constitution of India; whereby, an appeal filed by the petitioner under Section 9 of the M.P.Lok Parisar (Bedakhali) Adhiniyam, 1974 (hereinafter referred as to 'Adhiniyam, 1974') has been dismissed. The appeal as apparent from the impugned order was directed against order-dated 5.9.2013 passed by Sub-Divisional Officer as competent authority, directing the petitioner to vacate government premises. The petitioner is a retired Assistant Grade I having retired on attaining the age of superannuation on 31.1.2012. Even after his retirement, the petitioner continued to occupy the government accommodation, which led the competent authority to initiate action under the Adhiniyam, 1974. That, notice under S...
Rakesh Patel Vs. Yudhisthir Kumar Patel Judgement Given By: Hon'ble Sh ...
Court: Madhya Pradesh
Decided on: Jan-02-2014
1 M.A. No. 3667/2013 2.1.2014 Shri Nidheesh Patel, learned counsel for the appellants. Heard on admission. This Miscellaneous Appeal under Order 43 Rule 1 (r), Code of Civil Procedure 1908 is directed against the order dated 18.10.2013 passed by XVIIth Additional District Judge, Jabalpur in Civil Suit No. 57A/2011, whereby an application under Order 39 Rule 1 and 2 CPC has been dismissed. Suit at the instance of appellants is for declaration and permanent injunction in respect of Residential Unit No. 92 situated at Samdariya Green City admeasuring 986 sq. ft. The suit property as evident from the pleadings, was purchased by Smt. Radhika Bai, fiRs. wife (not mother of appellant) of Shankarlal father of the appellants/plaintiffs on 13.9.2005. She was in possession of the said property and had no issues. Radhikabai executed the will on 5.7.2010 and bequeathed the suit property to respondent/defen...
Suresh Kumar Gupta Vs. Deputy Director Judgement Given By: Hon'ble Shr ...
Court: Madhya Pradesh
Decided on: Jan-02-2014
1 Writ Petition No.21765/13 02/01/2014 Shri A.K.Gupta,learned counsel for the petitioner. Challenging the action of respondent Jawahar Navodaya Vidyalaya,Sirmour,District Rewa in cancelling the tender process initiated and passing the impugned order Annexure P-6 dated 10-07-2013, petitioner has filed this writ petition. For the purpose of running of the Jawahar Navodaya Vidyalaya, Sirmour, District Rewa and for providing facilities to the students residing in the hostel. Tender was invited for supply of various items like Kirana, vegitables & fruits, daily toilet material, stationary, uniform material etc.for the period from July 2013 to April 2014. The petitioner has submitted his tender for certain iteMs.the tender was opened and the appropriate purchasing committee found that three tenders were received and as the rate quoted in all three tenders were much higher than the market rate of the items to be purchased, the committee decided to cancel the tender process and to close the ma...
Phoolchandra Vs. Habib Ahmad @ Pyare Miya Judgement Given By: Hon'ble ...
Court: Madhya Pradesh
Decided on: Jan-02-2014
W.P.No.21561/2013(I) 02.01.2014 Shri Avinash Zargar, learned counsel for the petitioneRs.Heard on the question of admission. This petition under Article 227 of the Constitution of India, is directed against the order dated 1.8.2012, by which the application made by the petitioner No.1 for his impleadment as a plaintiff in the suit filed by the petitioner No.2, under Order 1 Rule 10 of the Code of Civil Procedure (hereinafter referred to as CPC for brevity) has been rejected. The petitioner No.2 filed a suit against the respondents on the strength of an agreement executed in between petitioners No.1 and 2, for declaration of rights and permanent injunction stating that the petitioner No.2 has obtained the land in suit under the agreement aforesaid from petitioner No.1 and respondents have no right to encroach on the said land nor to make construction of any building on the same. The petitioner No.1 moved an application under Order 1 Rule 10 of CPC, stating that since the plot in suit wa...
Dinesh Prasad Vs. Vidya Judgement Given By: Hon'ble Shri Justice Rajen ...
Court: Madhya Pradesh
Decided on: Jan-02-2014
1 MCC No.1083/2013 2/1/2014. Shri Pranay Verma and Shri Kaustubh Jha, learned counsel for the applicant. Shri R.L.Ariha, learned counsel for the respondent. This application under Order 39 Rule 2A CPC has been filed inter alia contending that the non applicant has committed breach of an injunction granted by this Court on 30th November 2009 in Second Appeal No.251/2008. Petitioner was plaintiff and had filed the suit in question for declaration and injunction. Finding respondent to be in possession and entitled to the property, the suit has been dismissed and therefore, the matter is pending in Second Appeal. While admitting the Second Appeal on 30th November 2009 status quo was directed to be maintained by the parties. By filing certain photograph vide Annexure A/8 showing a small hut made of grass constructed in the field an allegation is made that by making such construction status quo granted by this Court has been violated and therefore, action be taken under Order 39 Rule 2 A CPC...
Dr. Umashanker Mishra Vs. Collector Jabalpur Judgement Given By: Hon'b ...
Court: Madhya Pradesh
Decided on: Jan-02-2014
W.P.No.21918/2013 (Dr. Umashanker Mishra versus Collector and otheRs.02.01.2014 Shri M.K.Agrawal, learned counsel for the petitioner and Shri Akash Choudhary, learned G.A.for the State on advance copy. Heard on the question of admission and interim relief. The petitioner has filed this petition alleging that the respondents/ revenue authorities are not correcting the revenue record inspite of the fact that there is an order of diversion in favour of the petitioner issued by the competent authority. It is submitted by the learned counsel for the petitioner that though the petitioner has approached the Collector, Jabalpur against the inaction on the part of the revenue inspector concerned, but no decision thereon has been taken till date nor has the revenue record been corrected. It is submitted that the action of the respondents is contrary to the provisions of the M.P.Lok Sevaon Ke Pradan Ki Guarantee Adhiniyam, 2010 and therefore, the respondents/authorities be directed to consider th...
Ku. Ranjana Chaurasia Vs. the State of Madhya Pradesh Judgement Given ...
Court: Madhya Pradesh
Decided on: Jan-02-2014
W.P.No.21815/2013 02.01.2014 Shri Praveen Verma, learned counsel for the petitioner. Shri Amit Kumar Sharma, learned Panel Lawyer for the respondents No.1 to 4, on advance copy. Heard finally with the consent of learned counsel for the parties. The present petition has been filed seeking following reliefs :- (i) Call for the entire material record pertaining to instant controveRs.before this Hon'ble Court from the respondents for its kind perusal. (ii) Direct the respondent authorities to absorb the petitioners on the post of Asstt. ProfessORS.Botany and Zoology in the Government College Nowgong, Chhatarpur with all consequential benefits. (iii) By issuance of a writ of prohibition Hon'ble Court may be pleased to restrain the respondents from removing the petitioners from service. (iv) Any other relief, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case, may be granted in favour of the petitioneRs.(v) Cost of the petition be awarded to the peti...
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