Madhya Pradesh Court February 2014 Judgments
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Mahant Narayan Das Vs. Narottam Guru Judgement Given By: Hon'ble Shri ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
SECOND APPEAL No.1206/2005 1 25.02.2014 Ms.Sudipta Choubey, learned Counsel for the appellant. 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 25.02.2005 passed in Civil Appeal No.5- A/2004 by the I Additional District Judge, Hoshangabad, arising out of judgment and decree dated 17.02.2004 passed in Civil Suit No.66-A/2002 by the Additional Civil Judge, Class-II, Hoshangabad. The suit was filed by the respondent/plaintiff for grant of permanent injunction on the ground that he was the tenant in the demise premises owned by the appellant/defendant but he was being evicted from the premises without the recouRs.of law. The suit was contested by the appellant/defendant stating that he is not taking any steps for illegal dispossession of the respondent/plaintiff, on the other hand the recouRs.of law was adopted for the purposes of eviction of the respondent/plaintiff. The suit was dismi...
Kunjbihari Paswan Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
Kunjbihari Paswan & ORS.versus State of M.P.& ORS.Writ Petition No.2446 / 2014 25.2.2014: Shri V.K.Mishra, learned counsel for the petitioneRs.Smt. Nirmala Nayak, learned Government Advocate for the State. It is stated in the petition 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 further stated 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 and, therefore, similar treatment may be given to the petitioneRs.This Court in the case of Mohanlal (supra) ...
Syed Azhar HusaIn Vs. M.P.Housing Board Judgement Given By: Hon'ble Sh ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
S.A.No.1465/2005 25.02.2014 Shri Imtiaz Husain, learned counsel for the appellant. Heard on the question of admission. This Second Appeal is directed against the judgment and decree dated 10.03.2005 passed in Civil Appeal No.1-A/2003 by the Additional Judge to the Court of 1st Additional District Judge, Bhopal, arising out of the judgment and decree dated 07.10.2002 passed in Civil Suit No.61-A/2002 by the 6th Civil Judge, Class-II, Bhopal. The plaintiff-appellant filed a suit before the Court below seeking declaration with respect to allotment of the plot by the respondent. It was contended that the appellant was not given any notice of this action taken by the respondent whereas the application was already submitted by the appellant for grant of allotment of the said plot over which he was in possession right from the year 1987. On the other hand, the plot was being allotted to some one else and for that purpose a notice was published in the News Paper on 24.05.2001. A decree of perm...
Ramcharan Rajak Vs. the State of Madhya Pradesh Judgement Given By: Ho ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
Ramcharan Rajak & Anr. versus State of M.P.& ORS.Writ Petition No.1938 / 2014 25.2.2014. Shri Gopal Singh, learned counsel for the petitioneRs.Smt. Nirmala Nayak, learned Government Advocate for the State. Petitioners have challenged the order dated 15.9.2009 by which the State Govt. has decided to close down the Library and Community Centres running in various villages. Questions involved in this writ petition and tenability of similar action has already been considered and decided by this Court by a common order passed in W.P.No.590/2011, W.P.No.14312/2011, W.P.No.12477/2009, W.P.No.17/2010 and W.P.No.17445/2010 on 15.9.2011. After considering similar prayer, the following directions were issued by this Court :- "Accordingly, taking note of the orders passed by the Rajasthan High Court in the writ petitions and writ appeals as indicated hereinabove, all these writ petitions are allowed and disposed of with the following directions:- Respondents are directed to take steps for continui...
M/s Tiwari Land Development Corporation Vs. the State of Madhya Prades ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
Writ Petition 3127/2014 25/02/2014 Shri Shekhar Sharma, learned counsel for the petitioner. Shri Puneet Shroti, learned Panel Lawyer, on advance copy. The only prayer made by the petitioner in the writ petition is for taking action on the application made by the petitioner for restoration of possession on the property belonging to the petitioner. It is contended that certain land privately owned by the petitioner was unauthorizedly encroached upon by the respondent No.2 and this fact was clear from the report submitted by the Nazul Officer. A civil Suit was filed by the respondent No.2 and the State seeking declaration of title on the plea of aveRs.possession over the suit property which was dismissed and an appeal also failed. The petitioner has already made an application for restoration of his possession in terms of the provisions of Madhya Pradesh Land Revenue Code, 1959 of which a notice has been issued to the respondents, but, till now, no action is taken for restoration of the p...
Smt. Meera Sharma Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
W.P.No.3107/2014 25/2/2014 Shri Sumit Raghuvanshi, learned counsel for the petitioner. Smt. Nirmala Nayak, learned Govt. Adv.for the respondents No.1, 2 and 3 on advance notice. Petitioner is auction purchaser of the property said to have been purchased by the petitioner in the auction by Debts Recovery Tribunal. Grievance of the petitioner is that requisition has been sent by the Debts Recovery Tribunal and the appellate Tribunal vide Annexure P/2 and P/4 filed collectively to the police authorities namely respondents No.2 and 3 for granting police assistance to the Recovery Officer of the Tribunal in the matter of taking over the possession of the property in question and it is the grievance of the petitioner that police authorities are not extending requisite assistance in the matter of taking over possession of the property in question. Keeping in view the aforesaid grievance of the petitioner and the requisition sent to Police protection by the Tribunal under Sections 25 to 29 of ...
Surya Prakash Vs. Ram Vishwas Judgement Given By: Hon'ble Shri Justice ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
Writ Petition No.5485/2007 25/02/2014 Shri Ghanshyam Pandey, learned counsel for the petitioner. Shri S.K.Mishra, learned counsel for the respondent No.1. This writ petition is directed against the order dated 2.12.2005 passed by the Board of Revenue in Revision Petition No.628-,d/2005 filed by the respondent No.1 seeking review of the order dated 2.3.2005. In fact the dispute in respect of claim of the petitioner was adjudicated by the Additional Commissioner, Rewa Division, Rewa affirming the order passed by the Sub Divisional Officer. Against the said order, a revision was filed by the respondent No.1 under Section 50 of the M.P.Land Revenue Code, 1959 (hereinafter referred to as 'the Code').The said revision was dismissed vide order dated 2.3.2005. Being aggrieved by this order, the respondent No.1 preferred a review petition under Section 51 of the Code before the Board of Revenue, Gwalior which was allowed and the order passed by the Board of Revenue affirming the order of Additi...
Mahant Narayan Das Vs. Manohar Lal Judgement Given By: Hon'ble Shri Ju ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
SECOND APPEAL No.1215/2005 1 25.02.2014 Ms.Sudipta Choubey, learned Counsel for the appellant. 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 25.02.2005 passed in Civil Appeal No.6- A/2004 by the I Additional District Judge, Hoshangabad, arising out of judgment and decree dated 17.02.2004 passed in Civil Suit No.65-A/2002 by the Additional Civil Judge, Class-II, Hoshangabad. The suit was filed by the respondent/plaintiff for grant of permanent injunction on the ground that he was the tenant in the demise premises owned by the appellant/defendant but he was being evicted from the premises without the recouRs.of law. The suit was contested by the appellant/defendant stating that he is not taking any steps for illegal dispossession of the respondent/plaintiff, on the other hand the recouRs.of law was adopted for the purposes of eviction of the respondent/plaintiff. The suit was dismi...
Vijay Kumar Tiwari Vs. the State of Madhya Pradesh Judgement Given By: ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
:: 1 :: Writ Petition No.3260/2014. 25.2.2014. Ms.Malti Dadariya, learned counsel for the petitioner. Shri Sudesh Verma, learned Government Advocate for the State of M.P.on advance notice. Heard on admission. Challenging the eligibility criteria stipulated in the advertisement dated 6.2.2014 for the post of 'Team Leader', Watershed Management Programme in Rajiv Gandhi Mission for Watershed, petitioner seeks direction to exhaust the waiting list prepared in pursuant to selection made in the year 2012-13. Appointments under Watershed Management Programme Rajiv Gandhi Mission for Watershed Management, as apparent from material on record, is contractual and for a period of one year. Earlier for the year 2012-13, recruitment was taken recouRs.to, wherein petitioner was placed in the waiting list at Serial No.43. Admittedly, no appointment is shown to have been made from the waiting list. Neither, the petitioner is able to place on record any clause which saves the waiting list even after th...
Mr. Ram Swaroop Dubey Vs. the State of Madhya Pradesh Judgement Given ...
Court: Madhya Pradesh
Decided on: Feb-25-2014
Writ Petition No.19376/2013. 25.2.2014. Shri Atul Choudhary, learned counsel for petitioner. Heard on admission. Petition is directed against the order-dated 3.9.2013 passed by District Magistrate, Raisen; whereby, in exercise of his powers under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "2002 Act") has directed the petitioner to hand over the possession of his residential home situated at Ward No.2 P.C.No.17 Udaipura District Raisen. That, the house in question was purchased on the financial assistance extended by GRUH Finance Limited and was duly mortgaged with the company in lieu of the security. Failure on the part of the petitioner to clear the dues has rendered the credit facility as non-performing asset, leading the respondent no.2, the financer, to initiate action under Section 13 of 2002 Act. That, in furtherance thereto, an application under Section 14 of 2002 Act was filed before the District...
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