Madhya Pradesh Court February 2014 Judgments
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Sanjay Kumar Sahu Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-07-2014
1 Writ Petition No. 2210 Of 2014 7.2.2014 Shri N.S. Ruprah, learned counsel for the petitioner. Shri S.S. Bisen, learned Government Advocate for State of M.P. on advance notice. Heard on admission. Non consideration of petitioner's candidature for the post of District Data Manager, in the office of Chief Medical and Health Officer, Dindori is cause for the present writ petition. Applications were invited for various posts including District Data Manager, vide advertisement issued in November 2012 on contractual basis at District Surveillance Unit : Integrated Disease Surveillance Project . The requisite qualification and experience prescribed for appointment of Data Manager at District Head Quarters was: "Post Graduate Qualification in Computer Science as B.E in IT/Electronics with minimum 3 years experience preference will be given to those who have worked in Health or Social Sector." Petitioner a Post Gradua...
The State of Madhya Pradesh Vs. Babu Khan Judgement Given By: Hon'ble ...
Court: Madhya Pradesh
Decided on: Feb-06-2014
M.Cr.C.No.13846/2012 06.02.2014 Shri R.N.Yadav, Panel Lawyer for the applicant- State. Heard on admission. By the present application under Section 378(I) of Cr.P.C., the State has sought for grant of leave to appeal against the judgment dated 31.8.2012 passed by the Sessions Judge, Panna in ST No.200/2011 whereby the respondents were acquitted from the charges of offence punishable under Section 306 of IPC. The prosecution case, in short, is that the deceased Sayda Khatoon consumed some poison on 11.2.2011 and she was taken to Birla Hospital, Satna. Ultimately she expired. After due postmortem etc., the body of the deceased was given to her relatives. After due investigation the charge sheet was filed which was committed to the Sessions Court. The respondents abjured their guilt. They did not take any specific plea, but they have stated that they were not responsible for the death of the deceased Sayda Khatoon. In defence Shadik (DW-1) and Mustque (DW-2) were also examined. The learne...
Rungta Projects Limited and Mining Engneers Transports and Civil Contr ...
Court: Madhya Pradesh
Decided on: Feb-06-2014
Writ Petition No :: 7212 / 2009 Rungta Projects Limited versus MP Rural Road Development Authority & otheRs.06.02.2014. Shri K.C.Ghildiyal for the petitioner. Shri Vipin Mishra for the respondents. Challenging the order-dated 3.7.2009 passed by the General Manager, MP Rural Road Development Authority, petitioner has filed this writ petition. A contract was granted to the petitioner for construction/up- gradation of rural roads in various blocks of District Rewa under the Prime Minister Rural Road Development Scheme. It is the case of the petitioner that the work was completed by them in the year 2004 and after completion as the claims were not settled, certain correspondence took place and finally by the impugned order when various action have been taken in the matter of forfeiture of security amount and invocation of bank guarantee apart from final settlement of the bills, this writ petition was filed under Article 226 of the Constitution challenging the action. Respondents have filed...
M/s Premier Industries, a Registered Partnership Firm Vs. Principal Se ...
Court: Madhya Pradesh
Decided on: Feb-06-2014
W.P.No.20941/2012 M/s Premier Industries versus State of MP & ORS.W.P.Nos.12020/2013, 20941/2012, 21042/2012 & W.P.No.9709/2013 06/02/2014 Shri H.S.Shrivastava, learned Sr.Counsel with Shri Abhijeet Shrivastava and Shri Mukesh Agrawal, learned counsel for the petitioneRs.Shri Rahul Jain, learned Dy. Advocate General for respondents/State. As common question of law is involved in all these petitions, they are being disposed of by a common order and for the sake of convenience, the documents and pleadings filed in W.P.No.12020/2013 is being referred to in this order. Petitioners in all these cases are registered dealers and are carrying out various activities as are indicated. Each of the petitioneRs.Industry has been granted exemption under Notification No.A-3-24-94-ST-V (108) dated 6 th of October, 1994 under the State Act and as well as Central Sales Tax. The exemption granted to the petitioners in each of the cases is indicated in the petition and the same is not in dispute. Original...
Dr. Ajay Chandel Vs. the State of Madhya Pradesh Judgement Given By: H ...
Court: Madhya Pradesh
Decided on: Feb-06-2014
CRR No.1502/2012 Criminal Revision No.1502/2012 6.2.2014 Dr.Anuvad Shrivastava, counsel for the applicant. Shri S.D.Khan, G.A.for the State/respondent. Heard on admission. The applicant has preferred the present revision against the order dated 4.7.2012 passed by the learned Third Additional Sessions Judge, Raisen in S.T.No.161/2012, whereby the charges of offence punishable under Sections 302 or 304-B, 498-A of IPC and section 3/4 of Dowry Prohibition Act were appended against the applicant. After considering the submissions made by the learned counsel for the parties and looking to the facts and circumstances of the case, an arrogate discussion of facts is not required at this stage otherwise a prejudice would be caused to the applicant during the trial. However, it is apparent that the deceased died in unnatural circumstances. Some witnesses have stated that she was being harassed for dowry demand by the applicant and therefore, due to that harassment, she died within 7 years of her...
Anand Mining Corporation Vs. the State of Madhya Pradesh Judgement Giv ...
Court: Madhya Pradesh
Decided on: Feb-06-2014
W.P.No.19103/2012 Anand Mining Corporation versus State of MP & ORS.06/02/2014 Shri Abhijeet A. Awasthi, learned counsel for the petitioner. Shri Rahul Jain, learned Dy. Advocate General for respondents/State. Petitioner has been assessed for payment of tax under the M.P.Gramin Avsanrachana Tatha Sadak Vikas Adhiniyam, 2005. An order of assessment Annexure-P5 has been passed on 11.10.2012 and challenging the aforesaid assessment made, this writ petition has been filed. Shri Abhijeet A. Awasthi, learned counsel argues that the assessment has been done without giving opportunity to the petitioner to submit their return and documents in accordance with the statutory Form-D and Rule 10(1) of the Rules 2005 and by referring to the note appended to the impugned order Annexure-P5 dated 11.10.2012, he argues that the return in Form-D and Rule-10(1) has now been submitted and, therefore, the matter be remanded back in the light of the aforesaid for reconsideration by the Asssessing Officer. Res...
M/s Agronomy Service Vill.Udapura Sehore Vs. the Managing Director Mad ...
Court: Madhya Pradesh
Decided on: Feb-06-2014
W.A.NO.14/2013 W.A.No.17/2013 W.A.No.18/2013 06/02/2014 Shri Atulanand Awasthi, Advocate for the appellants. Shri Praveen Dubey, Advocate for the respondent- M.P.Warehousing & Logistics Corporation. Shri Vivek Agrawal, Dy. Advocate General for the respondents/State. Shri Manoj Sharma, Advocate and Shri Siddharth Patel, Advocate for the intervenORS.These writ appeals are filed against the decision of the learned Single Judge dated 5th December, 2012 in M.C.C Nos.1385/2012, 1386/2012 and 1387/2012. The grievance in these appeals is limited to direction at Sr.No.3 of the operative order. The learned Single Judge has directed the Arbitrator to ensure that the matter is decided within a period of two months. Further direction is given to the Collector that after determination of the matter and recovery of the amount, the Collector shall ensure that if any liability is imposed upon the owner due to proceedings initiated by the Bank under Section 13 of the Act of 2002, the amount shall be dea...
The State of Madhya Pradesh Vs. Amit @ Annu Judgement Given By: Hon'bl ...
Court: Madhya Pradesh
Decided on: Feb-06-2014
M.Cr.C.No.2838/2013 6.2.2014 Shri Prakash Gupta, Panel Lawyer for the applicant/State. Heard on admission. The State has preferred the present application for grant of leave to appeal against the judgment dated 10.10.2012 passed by Special Judge under SC/ST (Prevention of Atrocities) Act, Chhindwara in Special Case No.112/2009 whereby the respondent was acquitted from the charges of offences punishable under Sections 385, 353, 294, 506 (Part I) of I.P.C and 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Special Act).The prosecution's case in short is that on 4.8.2009 the complainants Phoolchand Kakode (PW6).Kaushalya Gautam (PW2) and Smt. R.P.Parte (PW3) had lodged a written FIR to the Police Station Chand, District Chhindwara that the respondent was in habit to make complaints against the complainants that they were not working in the hospital properly. He demanded some money from the complainants, so that he would not lodge any complainant again...
The State of Madhya Pradesh Vs. Bhanu Pratap Singh @ Ballu Singh Judge ...
Court: Madhya Pradesh
Decided on: Feb-06-2014
M.Cr.C.No.10935/2012 6.2.2014 Shri R.N.Yadav, Panel Lawyer for the applicant/ State. Heard on admission. The State has preferred the present application for grant of leave to appeal against the judgment dated 7.7.2012 passed by Special Judge under SC/ST (Prevention of Atrocities) Act, Satna in Special Case No.27/2008 whereby the respondent was acquitted from the charges of offences punishable under Sections 323, 294, 502-II of I.P.C and 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Special Act).The prosecution's case in short is that on 14.2.2008 the complainant Bhola Prasad (PW3) had submitted a typed report before the SHO, AJAK, Satna that on 11.2.2008 his wife Manwati (PW2) was going to distribute the polio drops amongst the children at Village Chibora. At that time the respondent came by motorcycle and he called the complainant. He told that the complainant would take the charge of the motorcycle and to clean it and also to get its repairing ...
Suresh Kumar Uikey Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-06-2014
1 W.P.No.2130/2014 W.P.No.2130/2014 06.02.2014 Shri Akhilesh Gupta, learned counsel for petitioner. Shri Santosh Yadav, Panel Lawyer for respondent- State. Heard on admission. Petitioner appointed as Assistant Teacher on 29.03.1994 in the School Education Department seeks direction to the respondents to grant two advance increments in lieu of the BTI qualification which she acquired prior to her appointment. The relief is being sought on the basis of the decision by Supreme Court in SLP (Civil) No.18881/2006 Asha Saxena versus State of M.P.& ORS.In Asha Saxena (supra) it has been held : "The appellant herein was appointed as a Lecturer in the Government Girls' Higher Secondary School, Mama Ka Bazar, Gwalior, Madhya Pradesh, on 19.9.1981. Prior to entry into service, the appellant had in 1972 acquired B.Ed. Degree. According to the appellant, at the time of entry into service she was entitled to two advance increments in accordance with a Circular issued by the State Government on 21.9....