Madhya Pradesh Court December 2014 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Shailendra Singh Nahar Vs. State of M.P. and Another
Court: Madhya Pradesh
Decided on: Dec-05-2014
Vandana Kasrekar J. 1. The petitioner has filed the present writ petition challenging the order dated 27.11.2004 passed by respondent No.1 thereby compulsorily retiring the petitioner with immediate effect. The said order is purportedly passed under Rule 42(1)(b) of M.P. Civil Services (Pension) Rules, 1976 (hereinafter referred to as "the Rules of 1976"), Rule 1-A of the M.P. District and Sessions Judges (Death-cum- Retirement Benefits) Rules 1964, Rule 56(2)(a) of Fundamental Rules and Rule 14 of the M.P. Higher Judicial Service (Recruitment and Service Conditions) Rules, 1994. At the time when order of compulsory retirement was passed, the petitioner was working on the post of Additional District Judge. 2. The petitioner was selected for appointment on the post of Civil Judge Class-II on 21.07.1978. Thereafter, on 10.8.1978, he joined the post of Civil Judge Class-II. He was confirmed on the said post on 30.6.1982. The petitioner was thereafter promoted to the post of Civil Judge Cl...
Ashish Vs. State of M.P. and Another
Court: Madhya Pradesh
Decided on: Dec-04-2014
1. Petitioner has filed this petition under Section 482 of Cr.P.C. for invoking the inherent powers of this Court for quashing the FIR and further proceedings of Criminal Case No.15963/2013 pending in the Court of JMFC, Gwalior, in connection with Crime No.581/2013 registered under Sections 498-A, 506/34 of IPC at police Station, Kampoo, Distt. Gwalior. 2. The brief facts of the case are that on 8.11.13 the complainant/respondent No.2 has lodged a report against the petitioner and his family members at police Station, Kampoo, Distt. Gwalior, alleging that her marriage got solemnized with the petitioner on 19.2.2007 in which her father gave jewellery and other items total worth Rs. three lacs and one motorcycle in dowry. It is further alleged that petitioner and her parents used to demand Rs.80,000/- more and five Beegha of land and also used to harass her physically and mentally on account of not fulfilling the demand of dowry. It is further alleged that petitioner and his family membe...
Rajendra Singh Parmar Vs. The State Of Madhya Pradesh and Others
Court: Madhya Pradesh
Decided on: Dec-03-2014
1. Parties are on loggerheads on the question relating to validity of No-Confidence Motion proceedings. In this petition filed under Article 226/227 of the Constitution, the petitioner has prayed for setting aside the proceedings of the meeting dated 7.11.2012, whereby a No- Confidence Motion was passed against him. The order dated 30.1.2014, Annexure P-1, is also called in question, whereby the validity of the proceedings dated 7.11.2012 is upheld by the Commissioner, Chambal Division, Morena. 2. The necessary facts giving rise to this matter are that the petitioner was President of Janpad Panchayat Gohad, district Bhind. A notice was submitted by 21 members of Janpad Panchayat before the Collector on 17.10.2012 asking to convene the meeting for considering No-Confidence Motion. The Collector, in turn, on 30.10.2012 directed to convene a meeting on 7.11.2012 to decide the question of No- Confidence Motion. The meeting was convened on 7.11.2012 and No- Confidence Motion was passed. The...
Madhya Kshetra Vidyut Vitran Company Ltd. Vs. Kalyan Singh Chauhan and ...
Court: Madhya Pradesh
Decided on: Dec-03-2014
B.D. Rathi, J. (1) The instant petition under Section 482 of the Code of Criminal Procedure (for short "the Code") has been filed by the petitioner on being aggrieved by the order impugned dated 16/10/2008 passed by the Special Court (Electricity), Gwalior whereby private complaint filed under Section 135 of the M.P. Electricity Act, 2003 for short "the Act 2003" was returned on 16/10/2008 on the ground that as per the procedure prescribed in second proviso of section 135(1) (A) of the Act itself, written complaint for the commission of the alleged offence was not lodged to the police station having jurisdiction. (2) The brief facts that would emerge from the material placed on record are that one private complaint was filed by petitioner against the respondents under section 135 of the Act by alleging that on 9/3/2008 when premises of the respondents was checked by the Board officials they found un-authorised use of electricity by using direct line but on making complaint, the court r...
Harnam Singh Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Dec-03-2014
1. This petition filed under Article 226 of the Constitution challenges the order dated 11.2.2013 (Annexure P-1), whereby the petitioner was placed under suspension. The order dated 25.3.2014 (Annexure P-2) is also called in question, whereby petitioner's appeal is rejected by the appellate authority. 2. The petitioner has challenged the suspension order on the ground that he is placed under suspension on filing challan against him before the competent court. Shri Jitendra Sharma submits that as per proviso to Rule 9(1) of M.P. Civil Services (Classification, Control and Appeal) Rules, 1966, the said power can be invoked only when challan is filed after obtaining sanction by competent authority to prosecute the petitioner. It is submitted that in the present case, admittedly, no such sanction is given by the competent authority and, therefore, the suspension is bad in law. Another ground of challenge is that an FIR was registered against the petitioner which was challenged by him in M....
M/s. CMC Limited Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Dec-03-2014
Heard. The petitioner has filed this petition against the order dt.7.12.2013 (Annexure P/1). By the aforesaid order, the competent authority directed that the Earnest Money deposited by the petitioner be forfeited. The office of Commissioner, Land Records and Settlement Gwalior, Madhya Pradesh invited offers in two bid system for the work conversion of Existing Record Rooms of Cyber Record Rooms at 342 Tehsils of Madhya Pradesh from interested and eligible bidders vide Request For Proposal (RFP)/Tender Document No. CLRMP/2010/03 on 21 February, 2011. The petitioner submitted its bid. The Tender Evaluation Committee after evaluation of Technical and Commercial Bid/ proposal of the petitioner and other vendors declared the petitioner as L1 bidder. Consequently, the petitioner was asked vide letter dt.5.3.2012 to submit its written consent. The petitioner replied the same on 13.3.2012 and requested the authorities to share the technical specification make and model of all the L1 items off...
Motilal Kushwaha and Another Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Dec-02-2014
1. The appellants have preferred the present appeal being aggrieved with the judgment dated 15.7.2010 passed by the Additional Sessions Judge, Mauganj, District Rewa in S.T.No.288/2009, whereby the appellants have been convicted of offence under Section 304-B, 498-A of IPC and Section 4 of Dowry Prohibition Act and each of them sentenced to 10 years rigorous imprisonment with fine of Rs.2,000/-, 2 years rigorous imprisonment with fine of Rs.1,000/- and 6 months rigorous imprisonment with fine of Rs.500/- respectively. Default sentence was also prescribed. 2. The facts of the case, in short, are that, on 18.5.2009, at about 5.20 p.m., an intimation was given to the Police Station Mauganj, District Rewa that Suryakali, wife of the appellant Santosh Kushwaha was found burnt in her room, within the house of the appellants, situated at village Mudariya, Police Station Mauganj, District Rewa. She was taken to Mauganj Government Hospital by a tractor trolley but, doctor declared her to be dea...
Sunita Dubey Vs. Hukum Singh Ahirwar and Another
Court: Madhya Pradesh
Decided on: Dec-01-2014
B.D. Rathi, J.1. As the grievance raised in the aforesaid two cases is identical and of similar nature, heard together and disposed of by this common order.2. Both the revisions have been preferred under Section 397/401 of the Code of Criminal Procedure 1974 in short the 'Code' against an order dated 17/12/2013 passed by the Fourth Additional Sessions Judge Vidisha district Vidisha (M.P.),in Criminal Revision Nos.118/2013 and 119/2013 whereby the applications of the respondents/accused under Section 45 of the Indian Evidence Act were allowed by setting aside the orders of dismissal passed by the trial court dated 6/8/2013 in Criminal Case Nos. 232/12 and 475/12.3. For facility of reference, the facts are being taken from Cri.Rev.No.56/14. As per the case of the petitioner/complainant, she advanced a sum of Rs. 2,00,000/- to the respondent/accused and in turn the respondent-Hukum Singh issued a cheque No.892743 dated 12/9/2011 in favour of the complainant/petitioner drawn on State Bank ...