Madhya Pradesh Court February 2014 Judgments
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Jagdish Vs. Smt. Sushma Judgement Given By: Hon'ble Shri Justice Sanja ...
Court: Madhya Pradesh
Decided on: Feb-17-2014
:: 1 :: Second Appeal No.937/2012 17.2.2014. Shri K.N.Fakhruddin, learned counsel for the appellant. Heard on admission. This is defendant's second appeal directed against judgment and decree dated 30.7.2012 passed by FiRs.Additional District Judge, Seoni in Civil Appeal No.10-A/2012, arising out of judgement and decree dated 25.3.2011 in Civil Suit No.54-A/2010 passed by Second Civil Judge Class I Seoni. The appellant was proceeded against in a civil suit for eviction under Sections 12(1)(a).12(1)(c) and 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961 from the premises situated at Nazul Ward, Buddhwari Seoni Subash Ward, filed by respondent/plaintiff who initiated the proceedings after purchasing it from its owner Krishnarao Pawar vide registered sale-deed dated 7.10.2005. The appellant/defendant was inducted as tenant by the erstwhile owner. While negativing the plea of the appellant/defendant that the suit property was a joint family property and without partition amo...
Jeevam Singh Chhatwal Vs. Bank of Baroda Judgement Given By: Hon'ble S ...
Court: Madhya Pradesh
Decided on: Feb-17-2014
1 HIGH COURT OF MADHYA PRADESH AT JABALPUR M.C.C. No 1375 OF2006 Jeevan Singh Chhatwal. - V/s - Bank of Baroda and others. Present : Honble Shri Justice Rajendra Menon. Honble Shri Justice Anil Sharma. --------------------------------------------------------------------------------------- Shri R.P. Agrawal, Senior counsel with Shri Shekhar Sharma, counsel for the applicant. Shri V.S. Shroti, Senior counsel with Shri Ashish Shroti, counsel for the respondent No.1. ORDER (17/02/2014) Per Rajendra Menon, J :- This application has been filed for review/ recall of an order dated 16/05/2006 passed by a Bench of this Court in M.A. No.1153/1999.2. The dispute arises out of the judgment rendered against the judgment debtor M/s. Pemier Brass & Metal Works Pvt. Ltd, Bhopal who had availed facilities of loan from the respondent Bank of Baroda in the year 1956, it seems that when the loan advanced was not repaid recovery proceedings were held and in the said proceeding a decree was passed by the VI...
Dildaar Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble Sh ...
Court: Madhya Pradesh
Decided on: Feb-17-2014
Dildaar & ORS.versus State of M.P.Criminal Revision No.1217 / 2013 17.2.2014. All the petitioners are present along with the counsel Shri A. Usmani, Advocate. Shri Rajesh Tiwari, learned Government Advocate for the State. The complainant Gulsher Khan is also present along with all the injured persons namely P.W.1 Yasin Khan, P.W.2 Gulsher Khan, P.W.3 Ikram Khan, P.W.4 Ibrar Khan and P.W.5 Raees Khan. Petitioners have been convicted for offence under Sections 325, 323 and 147 of IPC. They have been sentenced to undergo 1 year RI and fine of Rs.700/- for the offence under section 325 (On three counts).six months RI and fine of Rs.400/- for offence under Section 323 (on two counts) and three months RI for offence under Section 147 of IPC. I.A.No.20861/2013 have been filed by all the parties, namely the petitioneRs.the complainant and the injured persons, as indicated hereinabove, under Section 320(2) of CrPC and I.A.No.20862/2013 is also filed for compounding and disposal of the matter in...
Ram Prasad Ahirwar Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-17-2014
Writ Petition No.2452/2014. 17.2.2014. Shri Dinesh Upadhyay, learned counsel for petitioner. Shri S.S.Bisen, learned Government Advocate for the re- spondents, on advance notice. Additional documents filed on 11.2.2014 along with memo no.1935. Heard on admission. Grievance raised by the petitioner, a Rural Agriculture Ex- tension Officer, is against the transfer from Development Block Niwari District Tikamgarh to the Office of Deputy Director, Kisan Kalyan Tatha Krishi Vikas District Panna by order dated 28.1.2014. The transfer, as apparent from the order, is based on the order by State Government, Department of Kisan Kalyan Tatha Krishi Vikas No.F-1-v/49/2013/14-1 dated 5.7.2013, directing the transfer of surplus staff under rationalization. Material on record reveals that with State Re-organization, a policy decision was taken by Department of Kisan Kalyan Tatha Krishi Vikas for curtailment of 30% posts office-wise/cadre-wise by order-dated 30.6.2007. In District Tikamgarh, 133 posts...
Ram Nath Ahirwar Vs. the State of Madhya Pradesh Judgement Given By: H ...
Court: Madhya Pradesh
Decided on: Feb-17-2014
Writ Petition No.2359/2014. 17.2.2014. Shri Dinesh Upadhyay, learned counsel for petitioner. Shri S.S.Bisen, learned Government Advocate for the re- spondents, on advance notice. Heard on admission. Grievance raised by the petitioner, a Rural Agriculture Ex- tension Officer, is against the transfer from Development Block Prithvipur District Tikamgarh to the Office of Deputy Director, Kisan Kalyan Tatha Krishi Vikas District Panna by order dated 28.1.2014. The transfer, as apparent from the order, is based on the order by State Government, Department of Kisan Kalyan Tatha Krishi Vikas No.F-1-v/49/2013/14-1 dated 5.7.2013, directing the transfer of surplus staff under rationalization. Material on record reveals that with State Re-organization, a policy decision was taken by Department of Kisan Kalyan Tatha Krishi Vikas for curtailment of 30% posts office-wise/cadre-wise by order-dated 30.6.2007. In District Tikamgarh, 133 posts of RAEO were earmarked after rationalization. That, as per c...
Dinesh Panika Vs. Sudha Sharma Judgement Given By: Hon'ble Shri Justic ...
Court: Madhya Pradesh
Decided on: Feb-17-2014
1 M.Cr.C.No.2193/2014 17/2/2014 Shri Hemant Sen, learned counsel for the applicants. This application has been filed under Section 482 of Cr.P.C.by the applicants for quashing a criminal complaint bearing No.333/2013 registered against them and pending in the Court of Judicial Magistrate FiRs.Class, Uchehara at the instance of respondents. Petitioners claim that they are police officials and are Government employees working in the Police Department. They are posted as Constable in Police Station Uchehara. It is said that a false case has been registered against the applicants for offense punishable under Sections 354B and 452 read with Section 34 of IPC at the instance of respondents vide complaint Exhibit P/1. It is said that after recording the evidence of the complainant, process has been initiated and therefore, for quashing the proceeding this application has been filed. The only ground raised in the complaint is that when the applicants were on duty because some of the respondent...
Kedar Prasad Rathour Vs. the State of Madhya Pradesh Judgement Given B ...
Court: Madhya Pradesh
Decided on: Feb-17-2014
W.P.No.2455/2014 17/2/2014 Shri Manoj Mishra, learned counsel for the petitioneRs.Shri Rajesh Tiwari, learned Govt. Adv.for the respondents. The petitioners claim grant of regular pay scale from the initial date of appointment. The benefit is claimed by the petitioners in the light of the order passed by the Division Bench at Indore Bench of this Court, in W.A.No.346/2008 (Smt. Usha Ranawat versus State of M.P.and others).dated 18-12-2008. By the aforesaid order passed, more than 25 writ appeals claiming similar benefits were decided and it was directed that the benefit of pay fixation in the regular pay scale from the initial date of appointment shall be made to the petitioners therein. In fact the Division Bench has upheld the orders passed by the learned Single Judge in various cases and while deciding the writ appeals in para-19 the following directions were issued by the Division Bench: 19. In view of the foregoing discussion, the appeal filed by writ petitions succeeds and is all...
Smt. Nilima Giriya Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-17-2014
W.P.No.1761/2014 17.2.2014 Ms.Malti Dadariya, learned counsel for the petitioner. Shri Sudesh Verma, learned Government Advocate for the State of M.P.on advance notice. Heard on admission. The petition is directed against order dated 23.1.2014 whereby the contractual services of the petitioner as sub-engineer has been put to an end. Petitioner was initially appointed as sub-engineer on contract basis by order dated 21.1.2008 under National Rural Employment Guarantee Scheme by Collector cum District Programme Co-ordinator, Madhya Pradesh Rajya Rojgar Guarantee Parishad. The appointment was for a period of 2 years on certain terms and conditions including that appointment would be subject to good conduct and if misconducted or involved in the criminal activities, the services would be dispensed with after giving reasonable opportunity of hearing (Condition No.14 of the appointment letter stipulated : ("lafonk ij fu;qDr O;fDr ds dnkpkj ;k fdlh vkijkf/kd fdz;kdyki esa lafyIr ik;s tkus ij f...
M.M.Upadhyay Vs. Shri R.P.Khare Judgement Given By: Hon'ble Shri Justi ...
Court: Madhya Pradesh
Decided on: Feb-17-2014
1 MCC No.1734/2006 17/2/2014 Shri Rahul Jain, learned Dy. Advocate General for the applicant State Government. Shri D.K.Dixit, learned counsel for the respondents. This application has been filed for recalling an order dated 6.7.2006 passed by a learned Single Bench of this Court in MCC No.1394/2003. Grievance of the applicant are that in the order passed by this Court as indicated herein above on the ground that the respondents have not filed any return, the case is very old and the order passed by the Writ Court has not been complied with, a warning is recorded in the contempt proceedings which is directed to be indicated in the service record of the applicants and further a cost of Rs.10,000/- has been imposed. It is said that the aforesaid action has been undertaken only on the ground that the order passed in the writ petition was not complied with and no justification is given. It is pointed out that this was not correct. Order of the Court was already complied with and an affidav...
Haridas Prasad (D) Lrs Suryadeen Vs. Teerath Prasad Judgement Given By ...
Court: Madhya Pradesh
Decided on: Feb-17-2014
Second Appeal No.277 / 2011. 17/02/2014. Shri B.K.Singh, Advocate for the appellants. Heard on admission. This second appeal under Section 100 of CPC has been filed by the appellant / plaintiff against the judgment and decree dated 19.11.2010 passed in regular Civil Appeal No.36-A/08 by learned FiRs.Additional District Judge, Rewa (MP) confirming the judgment and decree dated 21.9.2005 passed in Civil Suit No.39-A/2005 by learned Second Civil Judge Class- I, Rewa (MP).rejecting the suit filed by the appellant / plaintiff. The appellant/ plaintiff has filed a suit for declaration with regard to agricultural land in which the defendants No.1 and 2 have given written statement of admission of suit. The defendants No.3 and 6 have not filed any written statement in spite of their appearance before the trial court and defendant No.7 did not appear before the trial court in spite of service of summons, he was ex-parte. Defendants No.4 and 5 have denied the pleadings of the plaintiff and defen...
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