Madhya Pradesh Court February 2014 Judgments
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The State of Madhya Pradesh Vs. Kailash Chandra Saini Judgement Given ...
Court: Madhya Pradesh
Decided on: Feb-14-2014
W.A.No.910/2012 14.02.2014 Shri Piyush Dharmadhikari, Government Advocate for the appellants/State. Shri K.S.Rajput, Advocate for respondents. Heard counsel for the parties. As short question is involved, the appeal is taken up for final disposal forthwith with consent. This appeal takes exception to the decision of learned single Judge dated 15.12.2011 passed in W.P.No.9117/2008 (S) whereby the learned single Judge allowed the writ petition preferred by the respondents and directed the appellants to pay amount of minimum of pay scale of the post for which the respondents were discharging duties even though they were not appointed substantively to the post in question. Argument of the counsel for the appellants, is that, the learned single Judge merely relying on the decision of the Supreme Court in the case of State of U.P.and others v. Putti Lal, (2006) 9 SCC337has issued direction without examining the basic fact asserted by the appellants that the respondents were not only not appo...
Keshao Rao Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble ...
Court: Madhya Pradesh
Decided on: Feb-14-2014
WRIT PETITION No.2362/2014 1 14.02.2014 Shri Vishal Mashki, learned Counsel for the petitioneRs.Shri Puneet Shroti, learned Panel Lawyer, for the respondents-State on advance copy. 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 ...
Jalil Qureshi Vs. the State of Madhya Pradesh Judgement Given By: Hon' ...
Court: Madhya Pradesh
Decided on: Feb-14-2014
Cr.R.No.1857/2013 14.2.2014 Shri Sankalp Kochar counsel for the applicants. Shri G.S.Thakur, Panel Lawyer for the respondent/State. Heard the learned counsel for the parties finally. The applicants have challenged the order dated 11.6.2013 passed by the learned Additional Sessions Judge Begumganj, District Raisen in ST No.67/2013 whereby the charge under Section 307 or 307 read with section 34 of I.P.C was framed along with the other charges. The prosecution's case in short is that on 14.11.2012, it was alleged against the applicants that they assaulted the various victims by weapons like sword etc.It was also alleged that the victim Aslam sustained such injuries so that a case under Section 307 of I.P.C was submitted by the Police after due investigation. After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, it would be apparent that Aslam sustained an incised wound in mid of his skull. However, no symptom...
Ansar Ali Vs. the State of M.P. Judgement Given By: Hon'ble Shri Justi ...
Court: Madhya Pradesh
Decided on: Feb-14-2014
HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT, JABALPUR SINGLE BENCH PRESENT: HON'BLE JUSTICE SHRI N. K. GUPTA CRIMINAL APPEAL NO.42/1998 Ansar Ali Vs. State of Madhya Pradesh ........................................................................................................... For the appellant : Shri Rajesh Nema, Advocate. For the respondent: Shri G. S. Thakur, Panel Lawyer. ........................................................................................................... JUDGMENT (Delivered on the 14th day of February, 2014) The appellant has preferred the present appeal being aggrieved with the judgment, conviction and sentence dated 22.12.1997 directed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act, Sehore in Special Case No.511 of 1997 whereby the appellant is convicted for offence punishable under Section 3(1)(iv) of SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred to as the Special Act.) and Section 294 of I.P.C and se...
Ramyas Tripathi Vs. Murarilal Bansal Judgement Given By: Hon'ble Shri ...
Court: Madhya Pradesh
Decided on: Feb-14-2014
1 HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT JABALPUR Misc. Appeal No.43/2012 Ramyas Tripathi and another Versus Murarilal Bansal and another ----------------------------------------------------------------------------------- Present: Hon'ble Shri Justice K.K. Trivedi For appellants: Shri K.K. Gautam, Advocate. For Resp. No.1: Shri Shailendra Verma, Advocate. For Resp. No.2: Shri Ajit Agrawal, Advocate. ----------------------------------------------------------------------------------- ORDER1402/2014 This is a miscellaneous appeal under Section 30 of the Workmen's Compensation Act against the order dated 20.10.2011 passed by the Commissioner, Workmen's Compensation, Satna in Case No.19/2006 Workmen's Compensation Act.2. A compensation application was filed by the appellants on account of death of Ram Jatan, who was said to be an employee of the respondent No.2 and had succumbed to death on account of accident while in the employment. The said claim application of the appellants wa...
Bhuggi Bai Vs. Swami Prasad Judgement Given By: Hon'ble Shri Justice K ...
Court: Madhya Pradesh
Decided on: Feb-14-2014
....1 M.C.C.No.2349 of 2005 Bhuggi Bai & ORS.Swami Prasad & ORS.14.02.2014 This application is filed seeking review of order dated 26.7.2002 passed in S.A.No.367 of 1992 by which a second appeal preferred by the applicant was dismissed by an order which reads thus :- Shri Mohd. Ashif, Advocate for the appellant. On 2.8.2001, appellant was allowed time to take steps for substitution of Lrs of appellant. Inspite of lapse of one year, appellant has not taken steps. In view of provisions of sub-rule(2) of Rule 3 of Order 22, CPC, this appeal is already abated. Accordingly this appeal is abated and confined to record room. From the perusal of the record, it appears that sole appellant Dhanju had died on 3.10.2000 and an application I.A.No.179 of 2001 was filed for substitution of Legal heirs under Order 22 Rule 3 CPC. This application was considered and allowed on 2.8.2001 by the Court but it appears that the aforesaid amendment was not carried out in the memo of appeal. The aforesaid fact ...
Raj Narayan Tiwari Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-14-2014
1 Cr. R. No.2508/13. 14.2.2014. Shri D. K. Sharma, learned counsel for the applicant. Shri A. K. Chourasiya, learned G.A. for the State. Record of the both the courts below have been received. At the request of the applicant's counsel and with the consent of State counsel instead to hear this petition only for admission the same is taken up for final hearing. Heard. Order dictated in open Court, the same is annexed in separate sheets. ORDER (Oral) 1. The applicant/accused has directed this revision being aggrieved by the judgment dated 12.12.2013 passed by 2nd Additional Sessions Judge to the Court of 1st Additional Sessions Judge, Rewa in Criminal Appeal No.157/13 modifying the judgment dated 12.9.2013 passed by JMFC Teothar District Rewa in Criminal Case No.1116/2008 convicting him under Section 452 and 323 of IPC for RI three years with fine of Rs.3,000/-, separately in both the counts has been reduced and directed to undergo for one year RI with fine of Rs.3,000/- in earlier Sectio...
Naveen Sharma Vs. the State of Madhya Pradesh Judgement Given By: Hon' ...
Court: Madhya Pradesh
Decided on: Feb-14-2014
M.Cr.C.No.1993/2014 Naveen Sharma & Anr. versus State of MP1402/2014 Shri Praveen Dubey, learned counsel for the applicants. Shri Alok Tapikar, learned Panel Lawyer for the respondent/State. Shri Sushil Kumar Dixit, learned counsel for the complainant. Heard on I.A.No.2701/2014. Applicants apprehend their arrest in Crime No.882/2013, Police Station-M.P.Nagar Bhopal District-Bhopal for offences under Sections 376, 384, 506/34 of IPC. Having heard learned counsel for the parties and on perusal of the facts and circumstances of the case, it is seen that the Applicant No.1 and the complainant/prosecutrix got married on 13.11.2013 as per the Arya Samaj Systems and Rites. At that point of time, the complainant used a different name. Available on record are the marriage certificates and the affidavits submitted by the complainants indicating her name and certain other facts with regard to her fiRs.marriage with the Applicant No.1. According to the applicant, her name is totally different and ...
Ajay Dubey Vs. Union of India Judgement Given By: Hon'ble the Chief Ju ...
Court: Madhya Pradesh
Decided on: Feb-14-2014
Writ Appeal No.2347/2013 14.02.2014 Shri S.K.Garg, Advocate for the appellant. Shri P.K.Kaurav, Additional Advocate General for the respondent no.2/State. Shri R.N.Singh, Senior Advocate with Shri Saurabh Sunder, Advocate for the respondent no.3. Shri V.S.Shroti, Senior Advocate with Shri Vikram Johri, Advocate for the respondent no.4. Counsel for the petitioner requested for pass-over/keeping back the matter. This request, however, has been vehemently opposed by the counsel appearing for the private respondents on the ground that the matter is pending for quite sometime and the request for pass-over is, in fact, request for adjournment as the petition would not reach for hearing once it is kept back due to heavy Board. Since the request for pass-over is opposed, we decline the said request made by the petitioner. This Public Interest Litigation is filed to challenge the appointment of the respondent no.3 as Chairman of M.P.State Pollution Control Board. It is noticed that the responde...
Khemchand Ahirwar Vs. Shri K.K. Singh Judgement Given By: Hon'ble Shri ...
Court: Madhya Pradesh
Decided on: Feb-14-2014
Con.C.No.2069/2013. 1 (Khemchand Ahirwar & another) 14/02/2014. Shri D.K.Dixit, learned counsel for the applicant. Shri Pranay Choubey, learned counsel for respondents/contermnORS.This application for initiating action of contempt on the ground that full effect to the direction issued by this Court on 31/07/2013 in W.P.No.12370/2013 has not been given effect to. Applicant is still working in the respondents department and it seems that apprehending that a charge- sheet would be issued to him and on issuing of the charge sheet his case for further promotion would be adversely effected, he has filed writ petition and claimed that his case for promotion be considered. This court on 31/07/2013 evaluated the facts and circumstances of the case and came to the conclusion that on the basis of certain documents received by the petitioner under the Right to Information Act, the petitioner has come to know that a charge sheet has been prepared and it may be issued to him but as no action Con.C.N...
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