Madhya Pradesh Court November 2014 Judgments
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Rajesh Kumar Tripathi and Another Vs. State of M.P. and Another
Court: Madhya Pradesh
Decided on: Nov-17-2014
1. This petition under Article 227 of the Constitution of India is filed against the order dated 20.4.2012 passed by the 4th Additional District Judge, Jabalpur in Misc. Civil Appeal No.17 of 2011 affirming the order dated 29.1.2011 and 18.7.2011 passed by the Registration Authority rejecting the registration of marriage of the petitioners under Section 15 of the Special Marriage Act, 1954 [hereinafter referred to as "Act of 1954"]. 2. Briefly stated the petitioner No.1 an Indian National had performed marriage with petitioner No.2 a land of German National at Arya Samaj, Hansapuri, Nagpur [Maharashtra] after the petitioner No.2 converted her religion from German to Arya Samagist. Their marriage was performed under Arya Samaj Marriage Validation Act,1937. After getting married the petitioners submitted an application before the Registrar of Marriages under Section 15 of the Act of 1954. The said application was rejected on the ground that the petitioner No.2 did not submit the no objec...
Umesh Datt Tiwari @ Ballan Vs. State of Madhya Pradesh and Others
Court: Madhya Pradesh
Decided on: Nov-17-2014
1. This writ petition is filed essentially calling in question the order dated 05.11.2013 passed by the District Magistrate, Katni, directing removal of the petitioner from the area of Katni district and adjoining districts for a period of one year in exercise of powers under Section 5 and 6 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (herein after referred to as 'Act'). An appeal preferred against the said order has also been dismissed by the Commissioner, Jabalpur Division, Jabalpur vide order dated 15.04.2014 and such order is also called in question in the present writ petition. 2. It is the case of the petitioner that he was being harassed by the Police by registration of criminal cases against him, therefore, he was required to approach this Court by way of filing W.P. 5013/2014 claiming inter alia the relief to the effect that the respondents-Police authorities be directed not to register the cases against the petitioner under Section 34(2) of the M.P. Excise Act and in...
Sharadendu Tiwari Vs. Ajay Arjun Singh and Others
Court: Madhya Pradesh
Decided on: Nov-17-2014
1. This order shall govern disposal of IA No. 12911/2014, which is an application filed by respondent no.1 under Order 6 Rule 16 of the Code of Civil Procedure (for short 'CPC'). 2. The petitioner has filed the present Election Petition alleging corrupt practice on the ground of exceeding the limit of election expenses as provided under Rule 90 of Conduct of Elections Rules, 1961. 3. It is undisputed that petitioner and respondent no.1 had contested the general election of M.P. State Legislative Assembly 2013 and respondent no.1 has elected as returned candidate of 76, Churhat State Legislative Assembly Constituency by a margin of 19,356 votes. During pendency of the petition, respondent no.1 has filed IA No. 12911/2014, an application under Order 6 Rule 16 of C.P.C. for striking out paragraphs 14(A), 14(D), 14(E), 14(F), 14(G)(i), 14(H)(i), 14(I), 14(L), 14(M), 14(N), 14(O) and paragraphs 15 to 17 and 19 from the pleadings of the petition because these are irrelevant, unnecessary, fri...
Lalita Bai and Others Vs. Ajay Pal Singh and Another
Court: Madhya Pradesh
Decided on: Nov-14-2014
1. Heard on admission. The appellants have preferred this second appeal against the judgment and decree dated 23.10.2008 passed by the Additional District Judge, Maihar District Satna in Civil Appeal No.85-A/1998 whereby the judgment and decree dated 30.9.1998 passed by the Civil Judge Class-I, Maihar in Civil Suit No.56-A/1991 was reversed. The trial Court has decreed the suit filed by plaintiff Babulal that the land bearing Survey No.339/2 area 0.73 acres situated at Village Naktara was of deceased plaintiff Babulal and the sale deed executed by the defendant No.1 Bhurelal in favour of the respondent No.1 Ajay Pal Singh was not binding upon the deceased Babulal and the appellants, legal representatives of Babulal. 2. During the pendency of the first appeal, the defendant Bhurelal had expired and his name was deleted. Similarly, plaintiff Babulal had also expired, and therefore his legal representatives (present appellants) were brought on record. 3. Brief facts of the case are that d...
J.K. Tyre Banmore Kamgar Sangh Vs. Registrar, Trade Union / Representa ...
Court: Madhya Pradesh
Decided on: Nov-13-2014
1. Two registered trade unions i.e. petitioner and respondent No.2 are in loggerhead on the question of status of representative union as per M.P. Industrial Relations Act, 1960 ( MPIR Act). The petitioner is already enjoying the status of representative union under the MPIR Act since 1995. The respondent No.2 union preferred an application for recognition of union dated 26th October, 2013. The present petitioner was noticed on this application by Registrar Trade Union by communication dated 22.4.2014 (Annexure P/4). In turn, the petitioner submitted his reply / objection (Annexure P/5) dated 21.05.2014. The respondent No.1 / Registrar passed the order dated 23rd May, 2014 whereby in place of petitioner union the respondent No.2 union is declared as representative union under the Act. Petitioner feeling aggrieved by this order dated 23rd May, 2014 challenged the same by preferring an appeal under Section 22 of the Act before the Industrial Court. Industrial Court after hearing both the...
Naveen Swami Vivekanand B.Ed. College Vs. National Council for Teacher ...
Court: Madhya Pradesh
Decided on: Nov-13-2014
A.M. Khanwilkar, C.J. 1. This writ petition, filed under Article 226 of the Constitution of India, takes exception to the order dated 30.01.2011 passed by the National Council for Teacher Education withdrawing recognition/permission granted to the petitioner-institution regarding B.Ed. Course from the end of academic session. This drastic order was passed on the singular ground that no building exists on the land specified by the institution at the time of application. Instead, the B.Ed. Course was being imparted in a building constructed on Khasra Nos.146 and 147/1/1 of Village Barkhedi Kalan, Neelbad Road and not on Khasra Nos.27, 63, 64/1/3. That has resulted in contravention of Clause 7(d) of Appendix 7 and Clause (iv) of Appendix 2 B of NCTE Regulations, 2002. This decision was assailed by the petitioner-management by way of an appeal. The Appellate Authority, however, reconfirmed the said order on 6.3.2013. Even this decision is the subject matter of challenge in the present peti...
Rajesh Babu and Another Vs. State of M.P. and Another
Court: Madhya Pradesh
Decided on: Nov-12-2014
1. Heard. 2. The appellants have filed this appeal against the order dt.31.10.2014 passed in W.P.No.3656/2014. 3. Facts of the case have been mentioned in detail by the Writ Court, hence, it is not necessary to consider the facts in detail. 4. The question for consideration in this Writ Appeal is as to whether the provisions of Section 405 of M.P. Municipal Corporation Act, 1956 (hereinafter referred to as "Act of 1956") would be applicable in the facts and circumstances of the case. 5. The Governor of Madhya Pradesh issued a notification dt.6.11.2012 in exercise of power under Section 405 (3) of the Act of 1956 to the effect that some areas as mentioned in Column No.3 of Schedule I of the notification would be included in the existing limits of the Municipal Corporation Gwalior. In accordance with the notification, 76 villages were included within the limits of Municipal Corporation, Gwalior. 6. After issuance of notification dt.6.11.2012, Collector Gwalior vide letter dt.11.2.2013 in...
Bharti Mishra Vs. State of Madhya Pradesh and Others
Court: Madhya Pradesh
Decided on: Nov-12-2014
1. The petitioner has filed this application under Section 407 of Cr.P.C for issuing directions to transfer the Criminal Case No. 92/2011 pending in the Court of JMFC Ganjbasoda to any competent Court of Morena, Datia or Gwalior. 2. Factual matrix of the case lies in a narrow compass. Petitioner is wife of non-petitioner No.2 Ashish Mishra. Petitioners No. 3 and 4 are the parents of non-petitioner No.2. Petitioners No. 5 and 6 are sisters of Non-petitioners No.2. The marriage of the petitioner was solemnized with non-petitioner N0.2 in the year 2006. It is alleged that there was demand of dowry and petitioner was subjected to cruelty and harassment. Therefore, the petitioner lodged a report Annexure P1 with Police Station Basoda District Vidisha. The non-petitioner No. 2 to 6 are the residents of Ganj Basoda. Charge sheet Annexure P/2 was filed and criminal proceeding is pending before the JMFC Ganj Basoda. Case is now pending for prosecution evidence. 3. It is alleged that the petitio...
S.D. Bind Vs. Union of India and Others
Court: Madhya Pradesh
Decided on: Nov-12-2014
Rajendra Menon, J. 1. Calling in question tenability of an order dated 17th November 2006 (Annexure P 3) passed by the Central Administrative Tribunal, Jabalpur Bench in O.A. No. 857/2005 dismissing an application filed by the petitioner challenging an order of punishment imposed upon him vide Annexure P 1 on 26th August 2005; whereby, his pay was reduced by one stage for a period of one year with non cumulative effect with a further direction that it shall not have any adverse effect on his pension, this appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005. 2. Facts in brief, which are relevant for deciding the controversy in question goes to show that the petitioner Shri S.D. Bind was working as Telecom District Manager and at the relevant time when the cause of action accrued in the year 2003, he was posted in District Satna (M.P.). It seems that a notice inviting tender was issued by the office of Telecom District Manager, S...
M/s. Alpha Packaging Ltd. Vs. M/s. Som Distelleries Ltd.
Court: Madhya Pradesh
Decided on: Nov-12-2014
1. This petition under Section 439 read with Section 434 of the Companies Act, 1956 has been filed seeking winding up of respondent Company. 2. The facts, leading to fi ling of this petition in nutshell, are that the petitioner is a company registered under the provisions of the Companies Act, 1956 (hereinafter referred to as 'the Act') which deals in manufacture sale of pet bottles. The respondent is also registered as a Company under the provisions of the Act and deals in the business of manufacture and sale of liquor. The business transactions between the parties started in the year 1996-97, when the respondent placed a purchase order with the petitioner for supply of pet bottles. The respondent opened a current account in their books of accounts in the petitioner's name. The payments were made by issuance of cheque and against such payments the supplies were made. 3. As per the case of the petitioner the respondent vide communication dated 11.12.1997 acknowledged its' liability to ...
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