Madhya Pradesh Court March 2014 Judgments
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Prem Narayan Yadav Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Mar-20-2014
A.M. Khanwilkar, C.J: 1. By this petition, the petitioner has challenged nomination of respondent Nos. 3 to 8 as Alderman in Municipal Corporation, Sagar. This petition has been filed as Public Interest Litigation by a resident of Krishnagunj Ward, Sagar. 2. Preliminary objection regarding the maintainability of this petition has been raised by respondent Nos. 3 to 8. According to the said respondents, nomination of respondent Nos. 3 to 8 made in exercise of powers under Section 9(1)(c) by the State Government could be challenged only by way of election petition, as prescribed by Section 441 of the M.P. Municipal Corporation Act, 1956. Indeed, this preliminary objection is loosely worded. The objection can only be to persuade the Court to decline to exercise discretionary jurisdiction. The remedy of Article 226 cannot be circumscribed by any statutory provision. Nevertheless, we would examine the purport of Section 441 of the M.P. Municipal Corporation Act, 1956. The same reads thus:- ...
Maa Sharda B.Ed. College Vs. National Council for Teacher Education an ...
Court: Madhya Pradesh
Decided on: Mar-20-2014
Challenging the order dated 31/12/2008 (Annexure P/13) passed by the Western Regional Committee of the National Council for Teacher Education, in the matter of withdrawal of recognition granted to the petitioner institute by exercising the powers under Section 17 of the National Council for Teacher Education Act, 1993 (hereinafter referred to as NCTE Act ) and the order of appellate authority Annexure P/15 dated 18/08/2009, dismissing the appeal, this writ petition has been filed by the institute. The College in question namely Maa Sharda B.Ed. College, Tikamgarh is established by the Maihar Mata Shiksha Evam Jan Kalyan Samitee, a society registered under the provision of M.P. Society Registrikaran Adhiniyam. The committee established a College for imparting education in B. Ed. Course and for the same a building was leased after obtaining the approval from the Director of M.P. State Council of Research and Training, Bhopal. Applications were filed before the Regional Director, National...
Deepak Nagle Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-20-2014
1. With the consent of learned Counsel for parties, matter is heard finally. 2. In this writ petition, the petitioner inter alia has assailed the validity of the orders dated 28-12-2012 and 22-1-2013. 3. Facts giving rise to filing of the writ petition briefly stated are that the petitioner was appointed as Sub-Engineer on contract basis vide order dated 9-1-2008. The petitioner got executed the work of construction of 500 meters of drain in Gram Panchayat Bada Gaon, Janpad Panchayat, Teonthar, District Rewa. The work of construction of drawn was commenced on 3-7-2010 and the completed on 31-8-2010 and a completion certificate was also issue don the same day. It is the case of the petitioner that drain of 500 meters in length was constructed with total expenditure of Rs.2,82,393/-. The Sub-Divisional officer issued two show-cause notices dated 5-10-2011 and 25-1-2011 contained in Annexures P-6 and P-7, respectively to the petitioner in which inter alia, it was alleged that the Gram Pan...
Rakhee Sharma Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-19-2014
G.D. Saxena, J: 1. This writ petition by way of Public Interest Litigation has been filed by the petitioner, under Article 226 of the Indian Constitution against mis-management and irregularities in vogue in the Night Shelter Homes, managed by the Municipal Corporation Gwalior/respondent No. 5 and the Red Cross Society, Gwalior in Gwalior town claiming with following reliefs:-- (a) That, the respondents/State Authorities and Local Authorities, i.e., Municipal Corporation, Gwalior may be directed to open sufficient numbers of Night Shelter Homes in Gwalior town and Gwalior and Chambal Division and make them in perfect sense and spirit; (b) That, the respondents may be directed to provide all required facilities in every Night Shelter Homes and depute Staff specified for management of Night Shelter Homes; (c) That, the respondents may be directed to appoint NGOS for operation and management of the Night Shelter Homes of the area as per Homeless Shelter Manual; (d) That, by way of interim...
Saroj Bhatia Vs. Indian Oil Corporation Ltd. and Others
Court: Madhya Pradesh
Decided on: Mar-18-2014
S.C. Sharma, J. 1. The present petition has been filed against the order dated 7-5-2013, by which the National Highway Authority of India (NFIAI) has rejected the application of Indian Oil Corporation Ltd. for construction of a Retail Outlet at National Highway No. 3 CH-527.021, Khasra No. 182/2 Village Rojwas Tehsil Tarana District Ujjain. 2. The contention of the petitioner is that the petitioner has submitted an application for allotment of a Retail Outlet and she was selected by the Indian Oil Corporation Ltd. for allotment of a Retail Outlet. The petitioner has further submitted that the letter of intent was issued on 19-11-2012 and a request was made by the Indian Oil Corporation Ltd. to the District Magistrate for grant of No Objection Certificate. The petitioner also submitted applications for grant of No Objection Certificate (NOC)/permission to the District Civil Supply Department, Town and Country Department and to the Department of Sanchalanalaya Nagriya Prasasan Evam Vikas...
Chanda Sharma Vs. State of Madhya Pradesh and Another
Court: Madhya Pradesh
Decided on: Mar-14-2014
1. This petition filed under Article 226 of the Constitution, is directed against the order of Collector dated 24.12.2013, whereby the application for grant of interim Supurdigi of vehicle of the petitioner is rejected. 2. The facts as projected by the petitioner are that the police has registered a case involving the vehicle bearing registration No.MP31/CA/0273. As per the prosecution case, the vehicle was being driven by one Leeladhar Sharma. Some amount of liquor was found in the said vehicle and, therefore, vide Crime No.128/2013 FIR is registered for the offence under Sections 27/25 Arms Act and Section 34 of Excise Act. 3. Since the vehicle is registered in the name of the petitioner and confiscation proceedings are initiated under the Excise Act by respondent No.2, the petitioner preferred an application for release of aforesaid vehicle, Annexure P-2. Along with the said application, an application for providing interim Supurdigi of the vehicle is also filed (Annexure P/3). 4. B...
Gangaram Piplya Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Mar-14-2014
With consent heard finally. By filing this M.Cr.C. the applicant is seeking extension of temporary bail which was granted by the learned Single Judge of this Court vide order dated 17.12.2013 passed in M.Cr.C. No.7526/2013. We find that the temporary bail was granted to the applicant by the learned Single Judge by observing thus:- This first application for bail under Section 439 of Cr.P.C. is filed by the present applicant namely-Gangaram Piplya in connection with crime No.539/2013 registered at Police Station-Rajendra Nagar, District-Indore for the alleged offence punishable under Section 419, 420, 467, 468 and 120-B of IPC . Learned counsel appearing on behalf of the applicant submits that the applicant is in custody since 05.08.2013 and on the medical ground the temporary bail is sought for. As per the directions issued by this Court, the report from Medical Board as well as specialist of MGM College has been received. As per the report of the Medical Board and the specialist the p...
Hindustan Copper Limited Vs. State of M.P. and Another
Court: Madhya Pradesh
Decided on: Mar-14-2014
1. This writ appeal has been filed under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 calling in question an order dated 3-9-2013 passed by the Writ Court in W.P. No. 1175/2011 by which an interlocutory application filed in the writ petition being LA. No. 12350/2013 for amendment in the writ petition was dismissed. 2. As this is an appeal under Section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, a preliminary objection has been raised by the respondents to the effect that a writ appeal is not maintainable, it is said that appeal is only maintainable against the final determination made in the writ petition, against an interlocutory order passed in a pending proceedings, a writ appeal is not maintainable. That being so, we are proposed to deal with the aforesaid preliminary objection first. 3. Before adverting to consider the same, the facts in nutshell may be taken note of. The petitioner claims to be a public ...
M/s. Olpherts Pvt. Ltd. and Another Vs. Union of India and Others
Court: Madhya Pradesh
Decided on: Mar-14-2014
1. These two writ petitions are directed against the order of the Revisional Authority of Central Government in revision petitions filed against the order of the State Government granting mining lease to the respondent No.3. Both the writ petitions were heard together and are being decided by this common order. For the purposes of this order, the facts are taken from W.P. No.4001/2010. 2. In brief, facts giving rise to this long lasting litigation are that the petitioner was granted a mining lease over an area of 147.35 acres land situated in village Jauli, Tahsil Sihora, District Jabalpur. The mining lease granted on 31st July, 1951 was for a period of 30 years, which was to end on 31st July, 1981. There were conditions mentioned in the lease for renewal of the same and the application was to be made before 12 months of expiry of the lease so granted. The petitioner preferred an application for renewal of the lease not before 12 months, calculated from the date of expiry of the mining...
A.K. Singh and Others Vs. Vice Chancellor, RGPVV and Others
Court: Madhya Pradesh
Decided on: Mar-13-2014
1. As common question of law and fact are involved in all these three cases and the only question involved is with regard to permitting the petitioners to appear in the Examination and the action of the College in prohibiting them from appearing in the Examination on the ground that they do not possess minimum 75% attendance required as per Rules for appearing in the Examination, all these petitions are being heard and disposed of by this common order. For the sake of convenience, documents and pleadings available in the record of Writ Petition No. 2805/2011 is being referred to in the order. 2. Petitioners, in all the three cases, obtained Bachelor s Degree in Engineering in various faculties. Petitioner A.K. Singh, in Writ Petition No. 2805/2011, obtained a Degree in Civil Engineering from Government Engineering College, Gorakhpur in the year 1991; petitioner R.K. Nayak, in Writ Petition No. 2806/2011, obtained his Degree in Civil Engineering from Government Engineering College in th...
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