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Madhya Pradesh Court February 2014 Judgments

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Feb 13 2014

Ayurved Vikas Parishad Katni, M.P. Vs. Union of India Judgement Given ...

Court: Madhya Pradesh

Decided on: Feb-13-2014

1 Writ Appeal No.421/2012 HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT JABALPUR Writ Appeal No.421/2012 Ayurved Vikas Parishad, Katni ...Petitioners Versus Union of India and others ..Respondents CORAM Hon. Shri Justice A.M.Khanwilkar, Chief Justice Hon. Shri Justice Krishn Kumar Lahoti Whether approved for reporting ?. Shri R.K.Jaiswal, Advocate for the appellant. Shri Vikram Singh, Advocate for respondents. ORDER (13.02.2014) Per A.M.Khanwilkar, Chief Justice (Oral).This writ appeal takes exception to the decision of the learned Single Judge dated 2.3.2012 in Writ Petition No.3298/2012, which, in turn, has dismissed the writ petition filed by the appellant challenging the decision of the competent Authority in constructing the Highway road through the land/premises of the appellant which are used for B.Ed college. 2. The learned Single Judge has noted that the objection raised by the appellant was duly considered by the competent Authority. That finding is reinforced from paragrap...


Feb 13 2014

Raghunath Singh Vs. the State of Madhya Pradesh Judgement Given By: Ho ...

Court: Madhya Pradesh

Decided on: Feb-13-2014

M.Cr.C.No.2214/2014 Raghunath Singh versus State of MP1302/2014 Shri S.K.Gangrade, learned counsel for the applicant. Shri Rahul Jain, learned Dy. Advocate General for the respondent/State. Heard on I.A.No.3054/2014. Applicant is 77 years old person and is apprehending his arrest in Crime No.371/2011 for offences under Sections 148, 147, 353, 332, 294, 186, 506, 149 of IPC. It is seen from the records that for the same offences, he was granted anticipatory bail by the Session Court on 19.12.2011 as is evident from Annexure-A2. However, due to his ailment, he was admitted in Anant Institute of Medical Sciences, Jabalpur. He was undergoing treatment and could not seek regular bail in the trial court, as a result, his application for anticipatory bail has been rejected and now he has been taken into custody on the basis of the bailable warrant issued. Taking note of all these circumstances, particularly, the age of the petitioner and on perusal of the order passed by the trial court indic...


Feb 13 2014

Pushpraj Singh Baghel Vs. Pradeep Khare Judgement Given By: Hon'ble Sh ...

Court: Madhya Pradesh

Decided on: Feb-13-2014

Con.C.No.734/2013 Pushpraj Singh Baghel versus Shri Pradeep Khare & ORS.13/02/2014 Shri V.K.Shukla, learned counsel for the applicant. Shri Akhilendra Singh Parihar, learned counsel for non- applicant Nos.1 & 2. In pursuance to the order passed on the last date, Respondent No.2 Shri R.P.Tiwari Regional Transport Officer, Rewa is present in person. A compliance report has been filed by the said officer along with the affidavit on 7.1.2014. Even though, it is seen that in filing his original affidavit on 22.4.2013, certain statements were made in Paragraph-6 and it is seen that the proceedings for issuance of permanent permit was held on 9.4.2013 & 16.4.2013 but certain incorrect statements about a judgment of the Supreme Court was made in Paragraph-7. It is because of this that he was directed to remain present and submit a compliance report. He has submitted a compliance report in the matter of deciding the case of the applicant for permanent permit in the proceedings held after 9.4.20...


Feb 12 2014

The State of Madhya Pradesh Vs. Harendrajeet Singh Babbu Judgement Giv ...

Court: Madhya Pradesh

Decided on: Feb-12-2014

M.Cr.C.No.12020/2010 10.2.2014 Shri G.S.Thakur, Panel Lawyer for the applicant/State. Heard on admission. The State has challenged the order dated 27.7.2010 passed by the learned XIth Additional Sessions Judge, Jabalpur in Criminal Revision No.229/2009 whereby the revision filed by the State was dismissed and the order dated 24.6.2009 passed by the learned JMFC, Jabalpur in Criminal Case No.24539/2006 was confirmed. The State has also challenged the order dated 24.6.2009 passed by the JMFC, Jabalpur by which the application under section 321 of Cr.P.C filed by the State was dismissed. The facts of the case in short is that initially a FIR was lodged by the Sub Inspector Ram Swarup Pandre that in the midnight of 27 t h and 28 t h June, 2000, the respondent went to the Police Station Gohalpur along with 12-15 persons and he shouted to release those boys who, were arrested for an offence under Section 307 of I.P.C.The respondent abused the Sub Inspector Pandre with obscene words and also ...


Feb 12 2014

Anand Vs. the State of M.P. Judgement Given By: Hon'ble Shri Justice U ...

Court: Madhya Pradesh

Decided on: Feb-12-2014

HIGH COURT OF MADHYA PRADESH PRINCIPAL BENCH AT JABALPUR CRIMINAL APPEAL No.585/1997 Anand Versus. State of Madhya Pradesh For appellant : Shri Himanshu Chourasiya For respondent/State : Shri Umesh Pandey, learned Govt. Adv JUDGMENT (Oral) (12.02.2014) U.C. MAHESHWARI J.1. The appellant accused has directed this appeal challenging the sustainability of judgment dated 5.3.1997 passed by the Ist Additional Sessions Judge, Chhindwara in Sessions Trial No.02/1996, whereby he has been convicted under Section 363 and 366 of IPC, RI for three years in the first count and RI for five years in the second count with a direction to run the sentences concurrently.2. The appellant's counsel without challenging any finding of the impugned judgment holding the above mentioned conviction of the appellant has made his limited submissions that considering the long pendency of the case and during such period he has suffered the mental agony of the case and besides this also suffered the jail in judicial ...


Feb 12 2014

Sharat Singh Vs. P.S. Baheriya the State of Madhya Pradesh Judgement G ...

Court: Madhya Pradesh

Decided on: Feb-12-2014

M.Cr.C.No.1035 of 2014 12.02.2014 Shri Aseem Dixit, learned counsel for the applicants. Shri Ved Prakash Tiwari, learned PL for respondent-State. State's counsel submits that he is under receipt of the case diary. Heard. On behalf of the applicants, this petition is filed under Section 438 of Cr.P.C for grant of anticipatory bail as they are under apprehension of their arrest in connection of Crime No.177/13, registered against them at Police Station Baheriya, Sagar for the offence of Sections 147, 148, 149, 294, 506, 323, 452, 386/149 of IPC. In the couRs.of arguments in the available scenario of the case as appeared from the FIR and other available evidence in the case diary, on making certain query with respect of applicant no.4, Veerendra, S/o Shri Kadori Singh Thakur, applicant No.6, Kallu @ Abhay and applicant No.7, Sanjay, S/o Govind Singh Thakur, in whose hands respectively country made pistol (katta) and stickes at the time of incident have been shown with the averments that s...


Feb 12 2014

Leeladhar Vishwakarma Vs. the State of Madhya Pradesh Judgement Given ...

Court: Madhya Pradesh

Decided on: Feb-12-2014

Writ Petition No.2526/2014 12/02/2014 Shri A.K. Bajpai, learned counsel for the petitioneRs.Shri Piyush Dharmadhikari, learned G.A for the respondents/State. The only claim made by the petitioners in the present petition is that the benefit extended to the persons like petitioners who have retired prior to 01/01/2006, are to be granted and the consequent revision of pay and pension is to be done. The scheme has already been made vide AnnexureP1 as back as on 10 th September 2008 but the same is not implemented as a decision is not taken by the respondents in this respect. On every occasion when the representation is made, the petitioners are informed that such a decision is required to be taken and the matter is pending consideration bef...


Feb 12 2014

Madhu Vs. the State of M.P. Judgement Given By: Hon'ble Shri Justice U ...

Court: Madhya Pradesh

Decided on: Feb-12-2014

HIGH COURT OF MADHYA PRADESH PRINCIPAL BENCH AT JABALPUR CRIMINAL APPEAL No.602/1997 Madhu Versus. State of Madhya Pradesh For appellant : Shri Himanshu Chourasiya For respondent/State : Shri Umesh Pandey, learned Govt. Adv JUDGMENT (Oral) (12.02.2014) U.C. MAHESHWARI J.1. The appellant accused has directed this appeal challenging the sustainability of judgment dated 5.3.1997 passed by the Ist Additional Sessions Judge, Chhindwara in Sessions Trial No.02/1996, whereby he has been convicted under Section 363 of IPC with a direction to undergo RI for three years.2. The appellant's counsel without challenging any finding of the impugned judgment holding the above mentioned conviction of the appellant has made his limited submissions that considering the long pendency of the case and during such period he has suffered the mental agony of the case and besides this also suffered the jail in judicial custody between 7.11.1995 to 15.11.1995 (nine days) during trial. Thus, by adopting the lenie...


Feb 12 2014

Krishna Kumar Vs. the State of Madhya Pradesh Judgement Given By: Hon' ...

Court: Madhya Pradesh

Decided on: Feb-12-2014

M.Cr.C.No.1243 of 2014 12.02.2014 Shri Sanjay Soni, learned counsel for the applicant. Shri Ved Prakash Tiwari, learned PL for respondent-State. Learned PL submits that he is under receipt of the case diary. Heard. On behalf of the applicant, this petition is filed under Section 438 of Cr.P.C for grant of anticipatory bail as he is under apprehension of his arrest in connection of Crime No.02/14, registered at Police Station Rampyali, district Balaghat for the offence of Section 420/34 of IPC. As per case of the prosecution the present applicant being an employee of the Green India Help Care Company accompanied with its Manager Ashish Kumar Shukla, so also with other employees by giving assurance to pay the commission @ 5% and 10% p.a.had taken Rs.8,7,250/- and in consideration of such sum only seeds and other things of Rs.2,50,000/- were given to the complainant Shyamabai to open some shop and committed fraud with dishonest intention with respect of remaining sum and inspite to pay th...


Feb 12 2014

Khuman Singh Vs. the State of Madhya Pradesh Judgement Given By: Hon'b ...

Court: Madhya Pradesh

Decided on: Feb-12-2014

WRIT PETITION No.12830/2010 1 12.02.2014 Shri K.S.Rajput, learned Counsel for the petitioner. Heard on the question of admission. This petition under Article 226 of the Constitution of India is directed against the order dated 10.08.2010 passed in Revenue Case No.10-A/1989 Year 2009-2010 by the Sub Divisional Officer, Harsood, District Khandwa. The petitioner in fact was the election petitioner, who filed the election petition challenging the validity of election of returned candidate/respondent No.4. It was contended that the election was not properly conducted, counting of votes was not rightly done and illegally the respondent No./returned candidate was declared elected. Allegations of corrupt practice were also made in the election petition. The election petition was entertained by the Election Tribunal. Notices were issued to the respondents and after obtaining reply and recording the evidence, the order was passed holding that all the grounds raised by the petitioner with respect...


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