Madhya Pradesh Court February 2014 Judgments
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Rajendra Kumar Sharma Vs. the State of Madhya Pradesh Judgement Given ...
Court: Madhya Pradesh
Decided on: Feb-26-2014
Rajendra Kumar Sharma versus State of M.P.& ORS.Writ Petition No.2693 / 2014 26.2.2014. Shri Greeshm Jain, learned counsel for the petitioner. Smt. Nirmala Nayak, learned Government Advocate for the State. Petitioner was working in the Water Resource Department and took voluntary retirement with effect from 30.12.2011. According to petitioner a circular have been issued by the State Government, as contained in Annexure P-4 dated 12.9.2002, wherein a provision has been made that persons who took voluntary retirement on or after 1.10.2002 will get 5 years additional gratuity and pension would be fixed on the basis of granting them notional increment. Grievance of petitioner is that benefit of gratuity and notional increment in accordance to this circular Annexure P-4 dated 12.9.2002 has not been granted to the petitioner, even though he is entitled to same in accordance to criteria laid down in the circular. Petitioner has filed a representation in this regard and the respondent departme...
Dr. Saba Tahir Vs. the State of Madhya Pradesh Judgement Given By: Hon ...
Court: Madhya Pradesh
Decided on: Feb-26-2014
Writ Petition No.2976/2014. 26.2.2014. Shri Ashish Shroti, learned counsel for petitioneRs.Shri Sudesh Verma, learned Government Advocate for the State of M.P.on advance notice. Heard on admission. Order-dated 10.2.2014 passed by Secretary, District Health Society, Hoshangabad is being assailed vide this petition under Article 226/227 of the Constitution of India. By the said order, services of the petitioners as contract Unani Medical Officers have been terminated before expiry of the term. Relevant facts, in nutshell, are that the applications were invited on-line for appointment on 1252 posts of Medical Officers in Unani/Homeopathy/Ayurvedic Sciences under the National Rural Health Mission Madhya Pradesh on contract basis on a consolidated monthly pay of Rs.25,000/-. The case at hand relates to Unani Medical Officer, the qualification wherefor, was prescribed as "Bachelor of Unani Medicine and Surgery Degree from Recognized University and Valid registration with Madhya Pradesh Ayurv...
Smt. Gayatri Devi Gosh Vs. the State of Madhya Pradesh Judgement Given ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
1 W.P.No.6472/2009. 25.2.2014. Shri Pratyush Tripathi, learned counsel for the petitioner. Shri Vivek Agrawal, learned G.A.for the respondents. The petitioner sought the following reliefs : 1. That the Hon'ble court be pleased to call for the entire record of the matter and after examining the same be pleased to quash and set aside the impugned order dated nil purportedly passed by respondent No.2 for the acquisition of vehicle of petitioner and ll other similar orders passed in a similar highhanded arbitrary manner and without authority of law. 2. That the respondents be directed to immediately release the vehicle of the petitioner as well as all other similarly aggrieved and suffering vehicle owners and to personally grant them compensation at the rate of Rs.1,500/- per day for the deprivation of use of their vehicle and to further compensate aggrieved vehicle owners for the damages sustained by their vehicles. 3. That, the respondents be commanded to place the criterion on the basis...
Puran Kewat Vs. Brij Mohan and Anr. Judgement Given By: Hon'ble Shri J ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
Puran Kewat versus Brij Mohan & Anr. Second Appeal No.1566 / 2005 25.2.2014. Shri Suyash Tripathi, learned counsel for the appellant. Shri Anubhav Jain, learned Panel Lawyer for respondent No.2/State. Heard learned counsel for the parties on the question of admission. This is plaintiff's second appeal under Section 100 of CPC challenging concurrent judgment and decree passed by the trial court and affirmed by the fiRs.appellate court. Suit was filed by the appellant for declaration and injunction with regard to property in question bearing KhaSr.No.920/3, area measuring 0.910 hectare situated at Village Chuhiri, Patwari Halka Chuhiri Tehsil Sohagpur, District Shahdol. It is the case of plaintiff that the property was sold to him by the respondent defendant on 18.3.1986 for a consideration of `4,100/- and on the same date possession was also given to him. It is said that the entire transaction was recorded in the presence of one Mangal Singh Gond and thereafter appellant acquired posses...
Rajaram Prajapati Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
WRIT PETITION No.3066/2014 1 25.02.2014 Shri Rajesh Kumar Tiwari, learned Counsel for the petitioneRs.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 (supra) has passed the following order : Accordingly, without commenting upon t...
Ram Kishor Sharma Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
W.P.No.3264/2014 25.02.2014 Shri V.D.S.Chauhan, learned counsel for the petitioneRs.Shri Puneet Shroti, learned Panel Lawyer, for the respondents/State. The petitioners claim grant of regular pay scale from the initial date of appointment. The benefit is claimed by the petitioners in the light of the order passed by the Division Bench at Indore Bench of this Court, in W.A.No.346/2008 (Smt. Usha Ranawat versus State of M.P.and others).dated 18-12-2008. By the aforesaid order passed, more than 25 writ appeals claiming similar benefits were decided and it was directed that the benefit of pay fixation in the regular pay scale from the initial date of appointment shall be made to the petitioners therein. In fact the Division Bench has upheld the orders passed by the learned Single Judge in various cases and while deciding the writ appeals in para-19 the following directions were issued by the Division Bench: 19. In view of the foregoing discussion, the appeal filed by writ petitioners succe...
The State of Madhya Pradesh Vs. Pappu @ Anil Judgement Given By: Hon'b ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
M.Cr.C.No.7168/2011 25.2.2014 Shri Ajay Tamrakar, Panel Lawyer for the applicant/State. Heard on IA. No.12559/2011, an application for condonation of delay in filing the present application. In the present case, the application for grant of leave to appeal is filed with delay of 58 days. Looking to the grounds mentioned in the application, the delay caused in filing the application is hereby condoned. Heard on admission. The State has preferred the present application for grant of leave to appeal against the order dated 21.1.2011 passed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act, Betul whereby the respondent was acquitted from the charges of Sections 342, 354 of I.P.C and Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Special Act).The prosecution's case in short is that on 11.7.2010 at about 3.00 p.m the prosecutrix (PW1) was going to a Gutka shop from her father's field at Village Loharia (Police Station Betu...
Santosh Kumar Vs. Arun Kumar Dixit Judgement Given By: Hon'ble Shri Ju ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
SECOND APPEAL No.247/2012 1 25.02.2014 Shri Imtiaz Husain, learned Counsel for the appellants. Heard on the question of admission. This second appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 20.01.2012 passed in Regular Civil Appeal No.94-A/2011 by the V Additional District Judge (Fast Track).Rewa, arising out of judgment and decree dated 04.08.2010 passed in Civil Suit No.87-A/2008 by the I Civil Judge, Class-I, Rewa. The appellants/plaintiffs were aggrieved by an action of using the way to plots of respondents/defendants and, therefore, filed the suit for grant of mandatory injunction directing the respondents/ defendants to remove the boulders and material used for the purposes of construction of the road. It was contended that there was a plot of the appellants. By the side of the plot of the appellants, the plots of defendants were situated. Since there was no way available to reach the plot of the defendants, they were usi...
Smt. Sangita Nigam Vs. Saurabh Nigam Judgement Given By: Hon'ble Shri ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
....1 F.A.No.114 of 2013 Smt. Sangita Nigam Saurabh Nigam 25.02.2014 Shri Anoop Saxena, Counsel for the appellant. None for the respondents inspite of service and represented by the Counsel. I.A.No.1821 of 2013 under Section 24 of the Hindu Marriage Act. By this application, appellant is seeking maintenance pendente lite from the respondent. It is submitted by the appellant that the respondent is running a public school in the name of Lotus Convent School and is earning Rs.1,00,000/- per month from the said school. On the aforesaid ground it is prayed that the appellant be allowed 25,000/- p.m.as maintenance pendente lite. Respondent has filed reply and denied the allegations. It is stated in the reply that he is not running the aforesaid school, he is an agriculturist and is earning from agriculture Rs.24,000/- per annum. Earlier the respondent was employed in the said school and was earning salary of Rs.4,000/- per month. Apart from this a copy of order dated 3.5.2007 is also produce...
Narendra Malviya Vs. Smt. Lalita Malviya Judgement Given By: Hon'ble S ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
Narendra Malviya & Anr. versus Smt. Lalita & Anr. M.Cr.C.No.6903 / 2012 25.2.2014. Shri K.S.Rajput, learned counsel for the applicants. The application under Section 482 of CrPC is filed challenging grant of maintenance to respondent No.1 wife and her child respondent No.2 in a proceeding held by the trial court under Section 125 of CrPC and affirmed by the appellate court. Respondent No.1 filed an application under Section 125 of CrPC before the court below for grant of maintenance. It was her grievance that the marriage between the parties have taken place on 30.5.2001, they are having two issues and on the ground that the husband had committed cruelty and is not taking care of her, application has been filed. The petitioner denied the aforesaid and came out with a case that the respondent wife is living a life in adultery with one Bhawani Sahu and in view of same it was stated that she is not entitled for maintenance. Finding allegation of living in adultery not proved and based on ...
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