Madhya Pradesh Court February 2014 Judgments
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Janki Prasad Pandey Vs. the State of Madhya Pradesh Judgement Given By ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
1 W.P.No.18476/2012 & W.P.No.22002/2012 04.02.2014 Shri Arun Shukla, learned counsel for petitioner in writ petition No.18476/2012. Shri P.K.Saxena, learned counsel for petitioner in writ petition No.22002/2012. Shri S.S.Bisen, learned Government Advocate for respondent/State. The question which crops up for consideration in these petitions as to whether Laboratory Technicians working in a colleges under Higher Education are engaged in teaching as would categorize them as teachers which would entitle them for an extended age of retirement from 62 years to 65 years is no more res-integra and has been settled at rest by a decision in Mahesh Chandra Gupta versus State of Madhya Pradesh and others : writ petition No.2013/2011(s) decided on 19.05.2011 and affirmed in writ appeal No.362/2011. That, the decision has been followed in R.S.Kushwaha versus State of Madhya Pradesh : writ petition No.3380/2013, Harishankar Verma versus State of Madhya Pradesh : writ petition No.5404/2013 and Kailas...
Ganesh Prasad Singh Vs. Ajay Kumar Gupta Judgement Given By: Hon'ble S ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
F.A.No.17/2010 Ganesh Prasad Singh versus Ajay Kumar Gupta & ORS.04/02/2014 Shri Ganesh Prasad Singh, S/o Late Shri Ram Dulare Singh, appellant is present in person. Respondents Shri Ajay Kumar Gupta & Shri Vinod Kumar Gupta are present along with their counsel Shri A.K.Gupta. I.A.Nos.2211/2014 & 2210/2014 have been filed by the parties concerned along with the affidavits indicating that the parties have compromised the matter in accordance with the indication made in the applications and, therefore, they pray for disposal of the appeal in the light of the terms entered into between the parties. The dispute in question pertains to property as is indicated in Para-1 & 2 of the memorandum of appeal bearing KhaSr.No.2013/01, Area-0.26 acre. The dispute pertains to distribution of a plot measuring 20' X50 i.e.1000 sq.ft. in all and claim of the respondents to this land. The said property in question i.e.1000 sq.ft. forms part of the area covered by KhaSr.No.2013/01. In the applications fil...
Dr. Harish Dale Vs. the State of Madhya Pradesh Judgement Given By: Ho ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
Writ Petition No.22072/2012 4.2.2014. Shri Hemant Shrivastava with Shri Girish Kekre, learned counsel for the petitioner. Shri S.S.Bisen, learned Govt. Advocate for respondent-State. Petitioner, by virtue of his being appointed as Assistant Surgeon and promoted as Deputy Director in the Directorate of Health Services in the medical stream in Madhya Pradesh Public Health and Family Welfare (Gazetted) Service under the M.P.Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 1988, claims an enhanced age of retirement of 65 years on the anvil of Madhya Pradesh Shaskiya Sewak (Adhivarshiki-Ayu) Sanshodhan Adhiniyam, 2011 (No.20 of 2011) and the decision rendered by a Division Bench of this Court in Dr. Kantilal Sahu and another versus State of M.P and another decided on 17.1.2013 (W.P.5237/2012).It has been held in Dr. Kantilal Sahu (supra) - 7. We have considered the matter and we find that the petitioneRs.case is squarely covered by both the Amending Acts of 2007 and 20...
The State of Madhya Pradesh Vs. Maskoor Khan Judgement Given By: Hon'b ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
M.Cr.C.No.8038/2013 4.2.2014 Shri R.N.Yadav, Panel Lawyer for the applicant/State. Heard on admission. The State has preferred an application for grant of leave to appeal against the judgment dated 8.4.2013 passed by JMFC, Bareli, District Raisen in Criminal Case No.107/2009 whereby the respondent was acquitted from the charges of offence punishable under Sections 279, 337 and 339 (two counts) of I.P.C.The prosecution's case in short is that on 12.12.2008 at about 12.30 in the night the victim Hemant Vyas (PW1).his wife Indramani Vyas (PW2) and one Darshan Singh (PW7) etc.were coming back by Indica Car. In the jurisdiction of Police Station Badi the driver of the vehicle with rashness and due to his negligence a dash took place with a truck and therefore, all of the passengers sustained injuries. Out of them Hemant Vyas and his wife sustained grievous injuries. After due investigation, the charge sheet was filed. The respondent abjured his guilt. He did not take any specific plea but, ...
Dr. v.K. Sanjay Vs. the State of Madhya Pradesh Judgement Given By: Ho ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
Writ Petition No.15892/2012 4.2.2014. Shri Manoj Sharma, learned counsel for the petitioner. Shri S.S.Bisen, learned Govt. Advocate for respondent-State. Petitioner, by virtue of his being appointed as Assistant Surgeon and promoted as Leprosy Officer in the medical stream in Madhya Pradesh Public Health and Family Welfare (Gazetted) Service under the M.P.Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 1988, claims an enhanced age of retirement of 65 years on the anvil of Madhya Pradesh Shaskiya Sewak (Adhivarshiki-Ayu) Sanshodhan Adhiniyam, 2011 (No.20 of 2011) and the decision rendered by a Division Bench of this Court in Dr. Kantilal Sahu and another versus State of M.P and another decided on 17.1.2013 (Writ Petition No.5237/2012).It has been held in Dr. Kantilal Sahu (supra) - 7. We have considered the matter and we find that the petitioneRs.case is squarely covered by both the Amending Acts of 2007 and 2011 since the Amending Acts extend the age of retiremen...
Brajesh Parashar Vs. Secretary School Education Dept. the State of Mad ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
1 W.P.No.1239/2014 W.P.No.1239/2014 04.02.2014 Shri R.Parashar, learned counsel for petitioneRs.Shri S.S.Bisen, learned Government Advocate for respondent/State. Petitioners initially appointed as Shiksha Karmis under the provisions of the Madhya Pradesh Janpad Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1998. Subsequently, being absorbed as Sahayak Adhyapaks in pursuance to the Madhya Pradesh Adhyapak Samvarg (Employment and Conditions of service) Rules 2008 and granted regular pay-scale with effect from 01.04.2007 seeks direction to the respondents to grant regular pay-scale from the date of their initial appointment as Shiksha Karmi. During the couRs.of submission, it is being stated by learned counsel for petitioners that similarly situated persons have approached this Court vide writ petition No.602/2010(s) : Mohanlal and ors.v.State of Madhya Pradesh decided on 22.01.2010 & writ petition No.4720/2013 : Jitendra Yadav v. State of Madhya Pradesh and these...
Smt. Parwati Bai Vs. the State of Madhya Pradesh Judgement Given By: H ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
Writ Petition No.1965/2014 4.2.2014. Shri Satyendra Patel, learned counsel for the petitioner. Shri Santosh Yadav, Panel Lawyer for the respondent No.1- State. Heard on admission. Assail is to an order-dated 17.1.2014 passed by Additional Commissioner, Jabalpur Division, Jabalpur; whereby, an appeal preferred by the respondent no.5-Smt. Chhoti Bai against an order dated 16.8.2010 passed by Collector, Mandla, has been allowed. Dispute emanated from the selection of respondent no.5 as Anganwadi Karyakarta, Anganwadi Centre Chhatarpur Janpad Panchayat Ghughari District Mandla in furtherance to Circular No.F- 3-2/2006/50-2 dated 10.7.2007 issued by Department of Women and Child Development, Madhya Pradesh, by order dated 25.9.2007. Being aggrieved, petitioner herein preferred an appeal before the Collector, Mandla on the ground that the Selection Committee committed gross error in allocating the marks, which were not in consonance with Circular No.F-3-2/2006/50-2 dated 10.7.2007. Challenge...
Pavinder Singh Vs. the State of Madhya Pradesh Judgement Given By: Hon ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
W.P. No. 2333 Of 2013 4.2.2014 Shri Shreyas Dharmadhikari, learned counsel for the petitioner. Shri S.S. Bisen, learned Government Advocate for respondent State. Heard. Issue raised in this petition as to whether it is within the jurisdiction of respondent No. 2, Collector, District Mandla to initiate proceedings and pass order under Rule 18 of M.P. Minerals (Prevention of Illegal Mining, Prohibition and Storage) Rules, 2006 is no more res integra and has been settled at rest by Division Bench of this Court in Rajeev Agrawal v. State of M.P. and others (W.A. No. 1320/2011) decided on 21.3.2012 wherein while taking note of provisions contained in Rule 8 of 2006 Rules and more particularly subrule 5 it has been held: From the reading of the above quoted rule, it is clear that the order under subrule (5) can be passed by the Collector only as a measure to compound the offence punishable under subrul...
Smt. Sadhna Pandey Vs. Prakash Chand JaIn Judgement Given By: Hon'ble ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
1 HIGH COURT OF MADHYA PRADESH JUDICATOR AT JABALPUR CRIMINAL REVISION NO.367/2012. Smt. Sadhna Pandey Versus P. C. Jain For applicant : Shri Ashish Shroti, Advocate. For Respondent : Shri Shobhit Aditya, Advocate. ORDER (Passed on 04.02.2014) Per U. C. Maheshwari J.1. The applicant accused has preferred this revision under Section 397 of Cr. P. C. being aggrieved by the order dated 17.11.2011 passed by 7th Additional District Judge, Bhopal allowing the revision of the respondent and reversing the order dated 7.7.2011 passed by the Judicial Magistrate First Class, Bhopal in Criminal Case No.18427/2008, instituted by the respondent to prosecute the applicant under Section 138 of Negotiable Instruments Act (in short the Act.), allowing his application filed under Section 45 of Evidence Act to get examine her alleged signature on the cheque in dispute from the hand writing expert and dismissed such application.2. The facts giving rise to this revision in short are that the applicant herei...
The State of Madhya Pradesh Vs. Baldeva Judgement Given By: Hon'ble Sh ...
Court: Madhya Pradesh
Decided on: Feb-04-2014
- 1 -1 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR M.Cr.C.No.1242/2012 State of Madhya Pradesh versus Baldeva & Others Present: Honble Shri Rajendra Menon, J. & Hon'ble Shri A.K.Sharma, J. ______________________________________________________ Smt. Nirmala Nayak, learned Govt. Adv.for the applicant. __________________________________________________ ORDER ( 4/2/2014 ) This application has been filed under Section 378(3) Cr.P.C.seeking leave to appeal for challenging a judgment dated 19.9.2011 passed by the Ist Additional Sessions Judge, Tikamgarh, in Sessions Trial No.83/2008 (State of M.P.versus Baldeva & Others).whereby the respondents accused have been acquitted of charges under Section 396 read with Section 302 of IPC. It was the case of the prosecution that on the date of incident i.e.on 13.9.2007 a complaint was made by complainant Munnilal in Police Station Palera, District Tikamgarh in - 2 -2 writing to the effect that at about 12 in the afternoon his father and o...
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