Madhya Pradesh Court October 2014 Judgments
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Divya Goyal Vs. State of M.P and Another
Court: Madhya Pradesh
Decided on: Oct-31-2014
1. The question to be decided in this matter is whether petitioner can be treated as ineligible for the post of Registration Clerk when she possess the qualification as per the Statutory Recruitment Rules but does not possess the qualification as per the advertisement. 2. The facts necessary for adjudication of this matter are that petitioner is MA in Hindi Literature and PGDCA from Makhanlal Chaturvedi University. The certificates are filed as Annexure P-1. The respondents issued advertisement (Annexure P-2) for the posts of Assistant Grade-III, L.D.C. and Registration Clerk. The petitioner submitted her candidature for the post of Registration Clerk pursuant to said advertisement. She appeared in the written examination. However, by Annexure P-8 dated 10.12.2012, she was informed that petitioner hast not produced the typing certificate and, therefore, she could not be treated as eligible. Assailing this order, Shri Pawan Dwivedi submits that the service conditions of the posts in que...
Leela Bai Vs. Ganpati and Another
Court: Madhya Pradesh
Decided on: Oct-31-2014
1. The applicant has preferred the present revision being aggrieved with the order dated 31.3.2008 passed by the Additional Sessions Judge, Multai in Criminal Revision No.78 of 2007 whereby the order dated 5.5.2007 passed by the JMFC, Multai in MJC No.49/2003 was set aside in which a maintenance of Rs.1000/- per month was granted to the applicant. 2. The facts of the case in short are that, the marriage of the parties took place on 5.5.1983 and after some time the applicant was ousted from the house of the respondent no.1. A compromise took place between the parties and again the applicant resided with the respondent no.1 up to 1996. In the year 1997, the applicant was again sent to the house of her parents. The applicant has filed an application under Section 125 of the Cr.P.C on the basis of these facts and with a pleading that the respondent no.1 kept one Munni as a wife in his house and therefore, the applicant was entitled to get maintenance from him without residing with him. The...
State Bank of India Vs. SBI Workmen Union
Court: Madhya Pradesh
Decided on: Oct-31-2014
Rohit Arya, J. 1. By this petition under Article 227 of the Constitution of India challenge is made to the award dated 16/4/2012 passed by the Central Government Industrial Tribunal Cum Labour Court, Jabalpur in reference case No.CGIT/LC/R/48/99. By the aforesaid award the dispute referred to the Tribunal for adjudication is to the following effect:- "Whether the action of the management of State Bank of India in terminating the services of 10 employees (as per list enclosed) is justified? If not, to what relief the workmen are entitled for?" and the same has been answered in favour of the workmen directing the management-State Bank of India to reinstate the workmen, namely, Santosh Kumar, Roop Kishore, Bhagwan Das and Kashiram Shivhare with back wages out of ten persons in respect of whom the reference was made, as termination of employment of these four workmen was found to be retrenchment, which became illegal for want of payment of compensation as provided under Section 25-F of the...
Ramjilal Vs. State of MP and Others
Court: Madhya Pradesh
Decided on: Oct-31-2014
1. This petition under Article 226 of the Constitution of India assails the order of externment dated 14.11.2013 passed by District Magistrate, Shivpuri contained in Annexure P/2 under Section 5 of the M.P. Rajya Suaksha Adhiniyam, 1990 (for brevity "Adhiniyam of 1990") externing the petitioner for one year from District of Shivpuri and the contiguous Districts of Sheopur, Gwalior, Guna, Ashoknagar, Morena and Datia. The challenge is further laid to the appellate order dated 24.02.2014 (Annexure P/1) passed by the Commissioner, Gwalior Division, Gwalior affirming the said order of externment. 2. Learned counsel for rival parties are heard. 3. Learned counsel for petitioner contends that the impugned order of externment is perverse as it is unsupported by any material to establish that the petitioner is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapters XII, XVI or XVII or u/Ss. 506 or 509 of the Indian P...
Dr. Shyam Sharma Vs. State of M.P and Others
Court: Madhya Pradesh
Decided on: Oct-31-2014
1. In this petition under Article 226 of Constitution of India, the grievance of the petitioner is that while he was in service, a charge sheet was issued to him on 2 nd July, 2009 by the Commissioner, Rewa Division, Rewa for the alleged misconduct stating that while he was working as Block Medical Officer in Community Health Centre, Mauganj, he had not maintained the registered in appropriate manner for extending the benefit of 'Janani Suraksha Yojna' to the beneficiaries. The other charge was that the amount, to be paid immediately to the beneficiaries, was not disbursed. As a result, the delay was caused in making payment for a period of six months. The last charge against the petitioner was that even after grant of sanction, though cheques were prepared, the amount was not disbursed to the women beneficiaries, who were entitled to receive the said benefit. It was alleged that the petitioner had not honestly discharged his duties, which earned the bad name to the State and that the ...
Santosh Bai Vs. Tahsildar
Court: Madhya Pradesh
Decided on: Oct-30-2014
Heard on the question of admission. 1. On behalf of the appellant, plaintiff this appeal is preferred under Section 100 of the CPC being aggrieved by the judgment dated 30.8.2012, passed by the District Judge, Sehore in Civil Regular Appeal No. 22-A/12 affirming the judgment dated 6.3.2012 passed by IInd Civil Judge, Class-II, Sehore in COS No. 89-A/10, whereby the suit of the appellant filed for perpetual injunction with respect of plot in dispute was dismissed. 2. The facts giving rise to this appeal in short are that the appellant herein filed the impugned suit for perpetual injunction contending that under some residential scheme a plot 15x60 sq. ft. of the survey no. 179 of village charnal was given by the Naib Tahsildar on lease to the mother of the appellant, vide dated 13.8.1991 for the purpose of construction of residential house. Subsequent to that, the house was also constructed by the mother of the appellant and near about before fifteen days from the date of filing the sui...
State of M.P. Vs. Sardar Nirmal Singh
Court: Madhya Pradesh
Decided on: Oct-29-2014
Heard on I.A.No.3030/2012, an application for condonation of delay in filing the review petition. Reply of the application has been filed. Earlier this court deferred the hearing of this review petition on the ground that the matter was referred to the Constitution Bench that whether the review petition is maintainable against an order or judgment if SLP filed against the same order or judgment has been dismissed by the Hon'ble Supreme Court. Thereafter, the review petitioner filed a Special Leave Petition before the Hon'ble Supreme Court against the interim order passed by this court. It was registered as Civil Appeal No.6341-6342 of 2014 and was disposed of vide order dt.14.72014 with the following directions :- "Having heard, learned counsel for the parties while we are not inclined to interfere with the interim order for status quo for the present. We are of the view that the Registry of the High Court should list the Review Petition No.261 of 2012 for an early disposal of the case...
Sunil Rajak Vs. Manisha Rajak and Another
Court: Madhya Pradesh
Decided on: Oct-29-2014
1. The applicant has preferred the present revision being aggrieved with the order dated 16.1.2012 passed by the Second Additional Sessions Judge, Panna in Criminal revision No.96/2010, whereby a maintenance of Rs.1,000/- per month was granted to the respondent No.1 in addition to the maintenance granted to the respondent No.2 by the JMFC, Panna vide order dated 29.7.2010 in M.J.C.No.98/2008. 2. The facts of the case, in short, are that, the respondents had filed an application under Section 125 of the Cr.P.C. against the applicant before JMFC, Panna that the respondent No.1 was married with the applicant in the year 2003 and the respondent No.2 had born. The respondents were being harassed by the applicant and his family members and ultimately two years prior to date of filing of the application, the applicant sent the respondents to house of father of the respondent No.1. Thereafter, he never tried to get them back. On 9.7.2008, the applicant entered into a second marriage with Pan B...
Ravindra Nath Tripathi Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Oct-28-2014
1. Challenge in this writ petition is made to Rule 5(7) of the M.P. Right to Information (Fees and Appeal), Rules 2005 (hereinafter referred to as "Rules of 2005") on the ground that it is inconsistent with the provisions of Section 22, Section 4(1)(a) and Section 4(4) of the Right to Information Act. 2. It is the case of the petitioner that for getting certain information with regard to grant of permits and orders passed by the Transport Authorities, in the matter of granting permits in more than 36 routes as are indicated in Annexure P/2 dated 24.7.2012, petitioner filed an application under the Right to Information Act before the Transport Commissioner, M.P., Gwalior and vide communication Annexure P/2 dated 24.7.2012 the Transport Commissioner has informed the petitioner that he has to deposit certain fees as is indicated in the communication Annexure P/2. The fees is being claimed by the Transport Authorities under Rule 144 read with Rule 145 of the M.P. Motor Vehicles Rules, 1994...
Premnarayan Patidar Vs. Municipal Corporation, Bhopal
Court: Madhya Pradesh
Decided on: Oct-28-2014
Alok Aradhe, J: 1. In this bunch of writ petitions the sole issue which arises for consideration is whether the action of Municipal Corporation, Bhopal in taking possession of the lands and demolishing the buildings of the petitioners without acquiring the same and without even making payment of compensation to them, can be sustained in the eye of law, therefore, the writ petitions were heard analogously and are being decided by this common order. In this bunch of writ petitions, the petitioners inter alia have assailed the validity of the action of the Municipal Corporation, Bhopal (in short the Corporation) in demolishing, dismantling and taking action against the lands and buildings, of which the petitioners are owners. The petitioners also seek a direction to the Corporation to resort to the land acquisition proceeding in accordance with law. In order to appreciate the grievance of the petitioners, few facts need mention which are stated infra. 2. Under the Jawaharlal Nehru Nationa...
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