Madhya Pradesh Court February 2014 Judgments
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Mayaram Jeswani Vs. the State of Madhya Pradesh Judgement Given By: Ho ...
Court: Madhya Pradesh
Decided on: Feb-03-2014
Cr.A.No.364/2014 03.02.2014 Shri Deepak Panjwani, learned counsel for the appellant. Shri Umesh Pandey, learned Govt. Adv.for respondent-State. At the request of the appellant's counsel the case is taken, out of its turn from the list of motion hearing cases. With the permission of the court, the appellant's counsel has corrected the cause title whereby at the place of word "applicant", he has replaced the word "appellant". The same is certified accordingly. Heard on the question of admission. Having perused the impugned judgment, this appeal appears to be arguable, hence the same is admitted for final hearing. State's counsel has taken notice of this admission, hence no further notice is required in this regard. Also heard on IA No.2469/14, appellant's application for suspension of his jail sentence and grant of bail as he has been convicted under Section 341, 323 and 3 (1) (x) of SC/ST (Prevention of Atrocities) Act RI for one month with fine of Rs.100 in the fiRs.count, RI1years wit...
Ram Pyare Gautam Vs. the State of Madhya Pradesh Judgement Given By: H ...
Court: Madhya Pradesh
Decided on: Feb-03-2014
Writ Appeal No.357/2013 03.02.2014 Shri A.Usmani, Advocate for the appellant. Shri Samdarshi Tiwari, Government Advocate for the respondents/State. Heard counsel for the parties. Although we may agree with the appellant that availability of remedy of revision by itself cannot be the basis to non-suit the writ petitioner. However, in the fact situation of the present case, we are of the considered opinion that the learned Single Judge was justified in calling upon the appellant to fiRs.resort to the remedy of revision. Inasmuch as, the appellant asserts that the finding recorded by the fiRs.Authority about the holding of land of the appellant/writ petitioner to be less than 4 hectares is contrary to the revenue records and no reference to those records have been made by the Authority. This factual aspect will have to be examined by the Revisional Authority, in the fiRs.place. In view of this observation, learned counsel for the appellant submits that in that case the appellant will take...
Rajesh @ Chuha Jat Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-03-2014
M.Cr.C.No.356 of 2014 03.02.2014 Shri R.K.Pandey, learned counsel for the applicant. Shri Ved Prakash Tiwari, learned PL for respondent-State. Heard. On behalf of the applicant, this petition is preferred under Section 439 of Cr.P.C for grant of bail as he is in custody since 3.12.2013 in connection of Crime No.682/13, registered at Police Station Belbagh, Jabalpur for the offence punishable under Sections 294, 506, 327, 324 of IPC. The applicant's counsel submits that impugned offence has not been committed by the applicant but only in order to create record against him the impugned offence was registered under the false pretext with some ulterior intention. He further submits that he is in custody since 3.12.2013 and the impugned case is triable by Judicial Magistrate, Ist Class and prayed for grant of bail. The aforesaid prayer is opposed by the learned PL with the assistance of the case diary saying that looking to the nature of the offence the applicant does not deserve for grant ...
Union of India Vs. Shashank Singh Adarsh Judgement Given By: Hon'ble S ...
Court: Madhya Pradesh
Decided on: Feb-03-2014
W.P.No.11546/2006 Union of India versus Shashank Singh AdaRs.03/02/2014 Shri Sushrut Dharmadhikari with Shri Gautam Prasad, learned counsel for the appellant. None appears for the respondent, even though, notices have been sent by registered post acknowledgment due. Challenge in this writ petition is made to an order dated 14th of December, 2005 Annexure-P1 passed by the Central Administrative Tribunal in O.A.No.606/2004. By the said order, the claim of the respondent/ employee for grant of promotion has been considered and on the ground that certain C.R.Gradings received for the relevant year between 1998-99 to 2002-03, which was initially graded as 'Very Good' and subsequently, it was graded as 'Good' was not correct and holding that the fixing of the bench mark and downgrading is not undertaken in accordance with law, the application filed by the employee was allowed. Even though, learned counsel for the petitioner/Union of India argued that the gradings and fixing of bench mark is ...
Bahadur Singh Rajput Vs. Shiv Raj Singh Judgement Given By: Hon'ble Sh ...
Court: Madhya Pradesh
Decided on: Feb-03-2014
Criminal Revision No.1250/2012 03.02.2014 Shri R.P.Prajapati, Advocate for the applicant. None for the respondent No.1 though served. Shri Prakash Gupta, Panel Lawyer for the respondent No.2-State. Heard on admission. Vide judgment dated 24.1.2011 the learned JMFC Rehli in Criminal Case No.241/2008 convicted the respondent No.1 for the offence under Sections 294, 325 of IPC and sentenced with fine of Rs.500/- and one year's SI with fine of Rs.500/-. In Criminal Appeal No.73/2011 the learned Additional Sessions Judge, Rehli vide judgment dated 11.5.2012 acquitted the respondent No.1 from the charge of offence under Section 294 of IPC, but maintained the conviction for the offence under Section 325 of IPC, but sentence is reduced to the period for which he remained in the custody with fine of Rs.3,000/-. Out of that fine, a sum of Rs.2000/- was granted to the applicant. Being aggrieved with the aforesaid judgments specially the judgment of the Appellate Court, the applicant has preferred...
Bharat Singh Thakur Vs. Secretary School Education Dept. the State of ...
Court: Madhya Pradesh
Decided on: Feb-03-2014
1 W.P.No.815/2014 W.P.No.815/2014 03.02.2014 Shri R.Shukla, learned counsel for petitioneRs.Shri S.Verma, 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 petit...
Mahuri @ Haliman Nisha Vs. Police Station Bargawan the State of Madhya ...
Court: Madhya Pradesh
Decided on: Feb-03-2014
M.Cr.C.No.1015 of 2014 03.02.2014 Shri S.K.Singh, learned counsel for the applicants. Shri Umesh Pandey, learned Govt. Adv.for respondent-State. Heard. On behalf of the applicants, this petition is preferred under Section 439 of Cr.P.C for grant of bail as they are in custody since 7.12.2013 in connection of Crime No.460/13, registered against them at Police Station Bargawan, District Singrauli for the offence punishable under Sections 304-B, 498-A/34 of IPC and Section 3/4 of Dowry Prohibition Act. In the couRs.of arguments in response of some query of the court based on interrogatory statements of the witnesses of parental family of the deceased on asking the applicants' counsel that in view of such available evidence whereby ingredients of alleged offence have been prima facie established against the applicants, how the bail could be granted to them, then applicants' counsel submits that two minor children are also residing in the jail with the applicant No.1 and due to custody of t...
Ramesh Kumar Ahirwar Vs. the State of Madhya Pradesh Judgement Given B ...
Court: Madhya Pradesh
Decided on: Feb-03-2014
Writ Petition No :: 1502 / 2014 Ramesh Kumar Ahirwar versus State of MP and others 03.02.2014. Shri S.K.Singh for the petitioner. Smt.N.Nayak, Government Advocate, for State. Shri P.K.Kaurav for respondent No.2. Shri K.K.Singh for respondent No.3. None for respondent No.4. Petitioner was a student who was granted admission to the B.Ed CouRs.in the Academic Session 2007-08, and contending that the result of the petitioner is not being declared by the University, this writ petition is filed. Learned counsel for the respondents point out that this is one of the case where the recognition and affiliation granted to the Institute in question i.e Government RDPG College, Mandla, was cancelled; recognition was never granted to the Institute in question; and, the Institute without even grant of recognition admitted the students. The matter came to this Court and thereafter travelled to the Supreme Court in a SLP filed. The Supreme Court, in the SLP filed by most of the colleges, passed an inte...
Satyendra Yadav Vs. the State of Madhya Pradesh Judgement Given By: Ho ...
Court: Madhya Pradesh
Decided on: Feb-03-2014
M.Cr.C.No.17290 of 2013 03.02.2014 Shri Vishnath Gupta, learned counsel for the applicant. Shri Ved Prakash Tiwari, learned PL for respondent-State. Heard. On behalf of the applicant, this petition is preferred under Section 439 of Cr.P.C for grant of bail as he is in custody since 26.10.2013 in connection of Crime No.810/13, registered against him and other Co.accused at Police Station Beohari, district Shahdol for the offence punishable under Sections 498-A, 304-B / 34 of IPC. The applicant's counsel after taking me through the impugned order as well as other papers available on record argued that as per case of the prosecution the deceased was not permitted by the applicant and other family members to go back to her parental family with her brother and due to that reason she has committed suicide and on that ground the prosecution could not draw inference that the applicant has committed offence under Section 498-A of IPC. There is omnibus interrogatory statements of the witnesses o...
B.M. Educational Society Vs. National Council for Teacher Education Ju ...
Court: Madhya Pradesh
Decided on: Feb-03-2014
W.P.No.21371/2013 03/02/2014 Shri Siddhartha Gupta, Advocate for the petitioner. Smt Shobha Menon, learned Senior Advocate assisted by Shri K.K.Singh, Advocate for the respondents. Heard counsel for the parties. This petition takes exception to the order dated 11 th December, 2012 passed by the Member Secretary, National Council for Teacher Education. On a bare perusal of that order, it is noticed that the competent Authority has referred to the deficiencies pointed out by the visiting team, namely, (i) the piece of land measuring 4180 sq. mts is not an adjoining land but is far away from the college building located on the piece of land measuring 1151 sq mts; (ii) the instructional facilities created by the society are also poor and cover limited area, not fulfilling the minimum stands; and (iii) the college is not capable to run D.Ed. couRs.with the existing facilities. Indeed, in the penultimate paragraph, the Authority has noted that the holding of land of the petitioner was less t...