Madhya Pradesh Court February 2014 Judgments
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Smt. Ruchi Chourasiya Vs. Kiran Kumar Chourasiya Judgement Given By: H ...
Court: Madhya Pradesh
Decided on: Feb-19-2014
M.C.C.No.651/2013 19.2.2014 Shri Manish Gavane, learned counsel for the applicant. Shri Sanjay Saini, learned counsel appeared along with the respondent. The matter was posted on 18.2.2014 in terms of the order dated 9.1.2014. Though learned counsel for the applicant or the parties relating to applicant were not present, but at the request made by learned counsel for the respondent, who appeared along with the respondent, the matter was posted today. Learned counsel for the applicant is present and has informed that since the applicant is not in a position to move, she could not appear before the Court today and made it clear that on her instructions, he is ready to make the statement before this Court. It is stated by learned counsel for the applicant that the applicant is willing to honour the marriage tie with the respondent and is ready to go with him. However, it is stated that the respondent is insisting that after the resumption of marriage tie, the applicant will not keep any r...
Satish Kumar Dhurve Vs. the State of Madhya Pradesh Judgement Given By ...
Court: Madhya Pradesh
Decided on: Feb-19-2014
WRIT PETITION No.21935/2013 1 19.02.2014 Shri C.P.Dwivedi, learned Counsel for the petitioneRs.It is contended by learned Counsel for the petitioners that in terms of the provisions of Madhya Pradesh Janpad Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1998, the petitioners would be entitled to grant of regular pay scale of the post of Shiksha Karmi. However, such a claim is not being considered, therefore, this writ petition is required to be filed. It is contended that identical claim was made before the Indore Bench of this Court in W.P.No.602/2010 (S) by certain teachers of the similar category namely Mohanlal & others and the said writ petition has been disposed of vide order dated 22.01.2010 directing consideration of the claim of the persons like petitioneRs.It is, thus, contended that similar treatment may be given to the petitioneRs.This Court in the case of Mohanlal (supra) has passed the following order : Accordingly, without commenting upon the meri...
HasnaIn Musalman Urf Motu Vs. the State of Madhya Pradesh Judgement Gi ...
Court: Madhya Pradesh
Decided on: Feb-19-2014
Criminal Appeal No.1444/2013 19/02/2014 Smt. Pratibha Mishra, Advocate for the appellant. Shri Santosh Yadav, PL for the respondent/State. Heard on I.A.No.28118/13, second application for suspension of jail sentence and grant of bail to the appellant. The fiRs.application was dismissed as withdrawn vide order dated 18/07/2013 with liberty to repeat the same after three months. Appellant has been convicted by the trial Court under sections 352, 436 of IPC and sentenced to undergo RI for 3 yeaRs.RI for 10 years & fine of Rs.5000/- with default stipulations. Learned counsel for the appellant submits that appellant is in jail since 1 year 8 months. The appeal would take considerable time to dispose of finally, hence she prays for suspension of jail sentence and grant of bail to the appellant. Learned counsel for the State opposes the application. On due consideration of the facts and contentions raised by learned counsel for the parties alongwith the period of custody suffered by appellant...
Smt. Asha Pandey Vs. Satyadev Pandey Judgement Given By: Hon'ble Shri ...
Court: Madhya Pradesh
Decided on: Feb-19-2014
W.P.No.22078/2013 19.2.2014 Shri Sankalp Kochar, learned counsel for the petitioner. This writ petition under Article 227 of the Constitution of India, is directed against the order dated 11.12.2013 passed in Civil Suit No.15-A/2009 by the IV Additional District Judge, Rewa, by which the application made under Section 151 of the Code of Civil Procedure (hereinafter referred to as CPC for brevity) for grant of injunction against the respondents has been rejected. It is contended by learned counsel for the petitioner that admittedly the acquisition proceedings were done and an award was passed in respect of certain land. However, the complete area of KhaSr.Nos.6 & 8 belonging to the petitioner were not acquired as is clearly indicated in the Notification issued under Section 9(3) of the Land Acquisition Act, 1894. The petitioner has been paid compensation for the part of the land acquired and remaining land is in her possession. However, in the suit filed against the petitioner, the J.P....
Rameshwar Prasad Vs. the State of Madhya Pradesh Judgement Given By: H ...
Court: Madhya Pradesh
Decided on: Feb-19-2014
WRIT PETITION No.1389/2014 1 19.02.2014 Shri Sanjay Jain, learned Counsel for the petitioneRs.Heard on the question of admission. It is contended that the petitioners are Handpump Mechanics working in the office of Public Health Engineering, Waraseoni, District Balaghat and Katanti, District Balaghat. They are aggrieved by non-grant of the proper pay scale. It is contended that in similar circumstances, the controveRs.was raised by some of the persons in W.P.No.4473/2009 (S) before the Indore Bench of this Court where the order was passed on 30.07.2010 allowing the benefit of revised pay scale of Rs.3500-5200/- w.e.f.01.01.1996 to the Handpump Mechanics. This order was called in question in the writ appeal by the State Government, which too was dismissed and the benefit of said order is extended to similarly situated persons. However, the petitioners have not been granted the said benefit, therefore, they are required to approach this Court by way of filing this writ petition. The orde...
Nagar Palika Parishad Tikamgarh Vs. Prakash Balmik Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-19-2014
W.P.No.10654/2012 19.02.2014 Shri Puneet Shroti, learned counsel for the petitioner. Heard on the question of admission. The grievance of the petitioner-Municipal Council is with respect to the execution of the award ordered by the Labour Court on 27.01.2012. In fact the respondent approached the Labour Court by way of filing a dispute way back in the year 1992, through the employees association. In the said proceeding after giving opportunity of hearing an award was passed on 24.01.1994, which was never called in question up to the year 2005. The Chief Municipal Officer of the petitioner approached this Court by way of filing writ petition No.1147/2005 challenging the award dated 24.01.1994. However, nothing was indicated whether any interim stay was granted or not by this Court in the said writ petition, which is still pending consideration before this Court. During the pendency of the said writ petition, it appears that the respondent made an application for execution of the award d...
Dr. Padmaja Raldugu Vs. the State of Madhya Pradesh Judgement Given By ...
Court: Madhya Pradesh
Decided on: Feb-19-2014
- 1 -1 W.P.No.2281/2014 19/2/2014 : Shri Aditya Khandekar, learned counsel for the petitioner. Shri S.P.Rai, learned Panel Lawyer for the respondents State. Petitioner is working as Research Officer, Rajiv Gandhi Technical University, Bhopal. Vide order dated 29.1.2014 petitioner has been transferred to Mahila Polytechnic College, Indore. Challenge to the order is made on two grounds. The fiRs.ground is that petitioner's son is more than 40% handicapped and according to the Circular of the State Government Annexure P/11, an employee with a handicapped family member should not be transferred to a place where proper medical facility is not available. The second ground is that petitioner's husband is working at Bhopal and it would be difficult for her to go and work at Indore. Shri S.P.Rai, learned counsel appearing for the respondents points out that the petitioner has only been repatriated to her parent department and it is not a case of transfer. As far as medical facility is concerned...
Basant Kumar Vs. Ved Prakash Judgement Given By: Hon'ble Shri Justice ...
Court: Madhya Pradesh
Decided on: Feb-19-2014
1 HIGH COURT OF MADHYA PRADESH AT JABALPUR WRIT PETITION NO.654/2013 Basant Kumar - V/s - Ved Prakash and others Present : Honble Shri Justice Rajendra Menon. ----------------------------------------------------------------------------------------- Shri Sameer Seth, Advocate for the petitioner. Shri Imtiaz Hussain, Advocate for the respondents 1 to 5. Shri Rajesh Tiwari,Government Advocate for respondent No.7. ------------------------------------------------------------------------------------------ ORDER (19-02-2014) Challenge in this writ petition under Article 227 of the Constitution is made to an interlocutory order dated 7.11.2012 passed in MJC No.03/2012 and an order dated 15.09.2012 passed in Civil Suit No.110- A/2008 by the First Civil Judge Class-II East Nimar, Khandwa allowing the application under Order 7 Rule 11 of CPC and directing the petitioner plaintiff to pay ad valorem court fee in accordance to section 7(vi-a) of the Court Fees Act, 1870.2. It is the case of the peti...
Pawan Kumar JaIn Vs. Nagar Palika Parishad Judgement Given By: Hon'ble ...
Court: Madhya Pradesh
Decided on: Feb-19-2014
Second Appeal No.1631/2005 (Pawan Kumar Jain versus Nagar Palika Parishad) 19.02.2014 Heard Shri R.K.Samaiya, learned counsel for the appellant and Shri Rahul Diwakar, learned counsel for the respondent on the question of admission. The appellant has filed this appeal being aggrieved by judgment and decree dated 28.06.2005 passed by the District Judge, Damoh in Regular Civil Appeal No.34-A/05 whereby the judgment and decree dated 08.01.2005 passed in C.S.No.8-A/96 by the Civil Judge, Class-I, Damoh has been reversed and set aside and the suit filed by the appellant/plaintiff seeking declaration and permanent injunction has been dismissed. It is stated by the learned counsel for the appellant that the appellant is in occupation of 16 x 26 sq. ft. land in sheet No.42, Plot No.95 since 1986 and rent from him is being taken by the office of the respondent Nagar Palika Parishad. It is submitted that inspite of the aforesaid, the respondents/authorities issued a notice to the appellant/plain...
The State of Madhya Pradesh Vs. P.P. Dhanna Judgement Given By: Hon'bl ...
Court: Madhya Pradesh
Decided on: Feb-19-2014
Writ Appeal No.838/13 19.02.2014 Shri Vivek Agrawal, Govt. Advocate for the appellants/State. None for the respondent no.1. Shri Dharmendra Soni, counsel for the respondent.2. Shri Sanjay Sarwate, counsel for the respondent No.3 Heard learned counsel for the appellants on admission. This appeal is directed against an order dated 09.05.2013 in writ petition No.7384/2002, by which the writ Court had considered the matter at length and found that the respondent No.1 was appointed by the State of M.P.in August, 1962 and thereafter, was sent on deputation to Bhopal Development Authority, where his services were absorbed on 04.06.1980. Thereafter, he was transferred to Town Improvement Trust, Katni by an order dated 25.08.1992. From Town Improvement Trust, Katni the respondent no.1 was transferred to Town Improvement Trust, Itarsi. The Town Improvement Trust, ItaRs.was merged with the Municipal Council, ItaRs.as per policy decision of the State Government. Subsequent to merger of the service...
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