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Madhya Pradesh Court February 2014 Judgments

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Feb 25 2014

Suyash Packaging Vs. the State of Madhya Pradesh Judgement Given By: H ...

Court: Madhya Pradesh

Decided on: Feb-25-2014

WP No.2063 of 2014 25.2.2014. Shri Abhisheik Oswal for the petitioner. Shri Samdarshi Tiwari, GA, for respondents. Petitioner has sought the following relief: 1. To call for the records for the satisfaction of this Hon'ble court. 2. That, a writ of certiorari may kindly be issued quashing Order dated 23.05.2011 (Annexure-P/4).ex-parte order dated 27.07.2012 (Annexure P-6) and 11.07.2013 (Annexure-P-8) directing the respondent No.3 to consider the issue afresh and allow a reasonable time to the petitioner to obtain exemption from the State Government as recommended by the State Level Committee. 3. Any other relief which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be issued in favour of the petitioner along with cost of the petition. It is submitted by the petitioner that the controveRs.involved in this case is squarely covered by Division Bench Judgment of this court in W.P.No.2059 of 2014(O) (Suyash Packaging v. State of M.P.and ORS...


Feb 25 2014

Smt. Manda Bai Vs. Ajaab Rao Judgement Given By: Hon'ble Shri Justice ...

Court: Madhya Pradesh

Decided on: Feb-25-2014

Writ Petition No.19844/2011. 25.2.2014. Shri Mukesh Mishra, learned counsel for petitioner. Heard on admission. Order-dated 12.8.2011 passed by Civil Judge Class II Saunsar District Chhindwara is being assailed vide this petition under Article 227 of the Constitution of India. By impugned order, the trial Court, while allowing the application under Order 21 Rule 32 of the Code of Civil Procedure, 1908 filed by the respondents-decree holders on a finding that the petitioners-judgment-debtors wilfully failed to obey the decree directed their detention in civil prison for one year. Suit by respondents-plaintiffs : Civil Suit No.417A/2001, in respect of land situated at Mouza Gangatwad Bandodast No.94- P.C.No.19 Tehsil Saunsar KhaSr.No.130 Area 4.658 Hectare, for permanent injunction, was decreed on 11.8.2003. The decree was to the following effect - ^^;g fd ekStk xkaxrokMk c0u0 94].i0g0i0 19].jk0fu0e0@rg0 lkSlj fLFkr oknh ds LokfeRo dh [k0u0 130 dh Hkwfe ij fLFkr mRrjh es< ds fdukjs ls iw...


Feb 24 2014

Smt. Shivwati Devi Vs. Lalji Mishra Judgement Given By: Hon'ble Shri J ...

Court: Madhya Pradesh

Decided on: Feb-24-2014

M.C.C.No.1135/2007 24.2.2014 Shri K.S.Jha, learned counsel for applicants. Shri A.S.Hussain, learned counsel for respondents. I.A.No.4462/2012, an application under Section 5 of the Limitation Act is filed seeking condonation of delay in filing the application for setting aside abatement of this MCC on account of death of the applicant No.4. Though copy of the said application was served on the respondents, yet no response whatsoever has been filed. For the reasons stated in the said application, the same stands allowed. Delay in filing the application for setting aside abatement of MCC on account of death of applicant No.4 is condoned. As a consequence of passing the order aforesaid, I.A.No.4459/2012 stands allowed. The abatement of this MCC on account of death of applicant No.4 is set aside. I.A.No.4457/2012, an application under Order 22 Rule 3 of CPC for substitution of legal representatives of deceased applicant No.4, is considered and allowed. The legal representatives of decease...


Feb 24 2014

N.K. Pandey Vs. the State of Madhya Pradesh Judgement Given By: Hon'bl ...

Court: Madhya Pradesh

Decided on: Feb-24-2014

W.P.No.2333/2014 24.2.2014 Shri AdaRs.Muni Trivedi, learned Senior Advocate assisted by Shri Brijesh Choubey, learned counsel for the petitioner. Shri Ashok Chourasiya, learned Govt. Advocate for respondents. In terms of the direction issued by this Court on 17.2.2014, learned Govt. Advocate has placed on record the order dated 17.8.2013 passed by the Deputy Inspector General of Police, Jabalpur Range, Jabalpur. The grievance of the petitioner is with respect to issuance of the fresh charge sheet Annx.P/4 by the Superintendent of Police Katni. It is contended that earlier a charge sheet was issued to the petitioner by the Deputy Inspector General of Police on 22.9.2012, which was called in question in Writ Petition No.17062/2012 (N.K.Pandey versus The State of M.P.and others).The said writ petition was heard along with many other writ petitions and vide order dated 9.7.2013 holding that only the Superintendent of Police was the competent authority to issue a charge sheet to the Police ...


Feb 24 2014

Dr. Vijay Solanki Vs. the State of Madhya Pradesh Judgement Given By: ...

Court: Madhya Pradesh

Decided on: Feb-24-2014

1 dr. vijay solanki & ors. vs. state of m.p. & anr. HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR M.Cr.C. No.3493/2012 DR. VIJAY SOLANKI & TWO OTHERS VS. THE STATE OF M.P. & ANOTHER Present: Honble Shri Justice Rajendra Menon. ----------------------------------------------------------------------------- Shri Anil Lala, learned counsel for the applicants. Shri Sameer Chille, learned Govt. Adv. for Non applicant No.1 State. Non-applicant No.2 appears in person. ----------------------------------------------------------------------------- Whether approved for reporting: Yes/ No ORDER ( 26 -2-2014 ) This petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the applicants seeking quashment of a criminal case registered against them vide Crime No.8242/2009 for offences under Section 498-A and Section 34 of IPC and pending in the Court of Judicial Magistrate First Class at Jabalpur. 2 dr. vijay solanki & ors. vs. state of m.p. & anr.2. Applicant No.1 ...


Feb 24 2014

Dr. Vishwanath Agnihotri Vs. Teh Secretary Union of India Judgement Gi ...

Court: Madhya Pradesh

Decided on: Feb-24-2014

Writ Petition No.1261/2014 24.02.2014 Shri Lavkush Mishra, learned counsel for the petitioner. The petitioner has sought the following reliefs :- "11.1. To issue a writ of Mandamus directing the respondents to take suitable action to re-shift the branch to village Duari, in the interest of justice. 11.2. To decide the representation (Ann. P-4) during the pendency of the present petition. 11.3. Any other relief, writ or direction, which this Hon'ble Court deems just and proper in the facts and circumstances of the case may be granted in favour of the petitioner and against the respondents. 11.4 Cost of the petition may kindly be awarded to the petitioner." The case of the petitioner is that the branch of Union Bank at Duari has been shifted at Gurh, district Rewa while it ought to have been continued at Duari. It is submitted that the petitioner may be permitted to serve a representation upon the respondent No.1 for consideration of grievance of the petitioner. The facts of the case are...


Feb 24 2014

Babulal Kori Vs. the State of Madhya Pradesh Judgement Given By: Hon'b ...

Court: Madhya Pradesh

Decided on: Feb-24-2014

W.P.No.3783/2011 24.2.2014 Shri Arvind Chouksey, learned counsel for the petitioneRs.Heard on the question of admission. The two petitioners have come before this Court seeking a writ of mandamus to consider and dispose of the case of petitioners for grant of permanent lease on the disputed land. A writ of prohibition is claimed against the respondents restraining them not to dispossess the petitioners from the suit land. It is contended that the petitioners have constructed a temporary shop over the piece of land bearing Nazul Block No.108, Plot No.4, Area 698 sq. ft. at Bhagwanganj Ward near Railway Station, Sagar. Earlier the land was allotted to one K.R.Kamble, an ex-serviceman, but the said order of allotment was cancelled in view of the fact that the premimum of the land rent was not deposited by said Kamble. An application was made for grant of lease by the petitioner which was referred to the authorities. Instead of deciding the application of the petitioner in appropriate mann...


Feb 24 2014

Muliya Bai Vs. Mohammad Farhat Judgement Given By: Hon'ble Shri Justic ...

Court: Madhya Pradesh

Decided on: Feb-24-2014

Muliya Bai & ORS.versus Mohammad Farhat & ORS.Second Appeal No.916 / 2011 24.2.2014. Smt. Smita Arora, learned counsel for the appellants. Shri Sameer Seth, learned counsel for respondents. This is plaintiffs' second appeal under Section 100 of the Civil Procedure Code challenging concurrent judgment and decree passed by the trial court and the fiRs.appellate court in the matter of dismissing the suit for declaration and injunction filed by the plaintiffs. Plaintiffs claiming to be legal heirs and representatives of Late Narvada Prasad Kachhi came out with a case that Narvada Prasad Kachhi was owner of the disputed property bearing KhaSr.Nos.345, 346, 347, 349, 351 & 352 situated in village Kadhaiya, district Raisen. It was their case that it originally belonged to one Halke, who died in the year 1949 and after his death in the revenue record on 1949 in urdu the name of Narvada Prasad has been incorporated and he shown to be in possession. Narvada Prasad died in the year 1996 thereafte...


Feb 24 2014

Hindustan Copper Ltd. Malajkhand Copper Project Malanjkhan Vs. Municip ...

Court: Madhya Pradesh

Decided on: Feb-24-2014

Writ Petition No.7108/2013 24.2.2014 Shri S.C.Bagadia, Senior Advocate, with Shri R.K.Sanghi, Advocate, for the petitioner. Shri Kishore Shrivastava, Senior Advocate, with Ku.C.V. Rao, Advocate, for respondent no.1. Heard on I.A.No.12853/2013, which is an application for amendment of the petition. By the proposed amendment, the petitioner inter alia has mainly prayed that section 172(c) of the Madhya Pradesh Municipalities Act, 1961 (in short, the Act) be declared ultra vires the Constitution of India. For better understanding of the provision, we deem it proper to reproduce the complete section 172. It reads as under: "172. Appeal to Civil Judge.- (1) Appeals, against any claim included in a bill presented in accordance with the provisions of this Act, or the rules made there under, be made to the Civil Judge, Class I, having jurisdiction over the Municipal area and if there be no Civil Judge, Class I, at the headquarters of the Municipality the Civil Judge, Class II having jurisdicti...


Feb 24 2014

Maharana Pratap Academy Vs. the State of Madhya Pradesh Judgement Give ...

Court: Madhya Pradesh

Decided on: Feb-24-2014

1 W.P.No.12282/2010. 24.2.2014. Shri Deepak Awasthy, learned counsel for the petitioner. Shri Samdarshi Tiwari, learned G.A.for the respondents. The petitioner sought the following reliefs : 1. This Hon'ble Court may kindly be pleased to issue to direct the respondents to act in accordance with permission granted vide letter dated 6.2.2009 (Annexure P.5).2. This Hon'ble Court may kindly be pleased to issue direction that letter dated 11.9.2009 (Ann. P.10).issued by the respondent No.2 has not application to the petitioner. 3. This Hon'ble Court may kindly be pleased to issue any other writ, directions, order which this Hon'ble Court may deems fit and proper, looking to the facts and circumstances of the case. It is submitted that the petitioner is a recognized institution, empowered to issue certificate for Computer Education. Entire case is based on the strength of letter dated 6.2.2009 (Ann. P.5).It is submitted that on the basis of Annexure P.5, the relief as prayed in the petition ...


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