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Madhya Pradesh Court March 2014 Judgments

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Mar 12 2014

Gulab Singh Mathur Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Mar-12-2014

Gangele, J. 1. The applicant has filed this application under Section 439 of Cr.P.C. 2. An offence under Sections 419, 420, 466, 471, 120-B read with Sections 3/4 of Pariksha Adhiniyam has been registered against the applicant vide Crime No.449/2013 at Police Station Jhansi Road, Gwalior. The allegation against the applicant is that he had got admission in medical college on the basis of an entrance examination conducted in the year 2008 named as Pre-medical Test . The applicant did not appear in the examination and on behalf of the applicant somebody else appeared in the examination. 3. When the complaints were received, the documents of the applicant were examined by a committee constituted by G.R. Medical College and it was found that there were difference of signatures in OMR sheet, RASA sheet and allotment form submitted at the time of examination and the signatures of the applicant. There is also evidence that the applicant had given Rs.3,25,000/- to Mr. Mukesh Nagar and on behal...


Mar 12 2014

Ali Hussain (died), by Legal Heirs and Another Vs. Shabbir Hussain and ...

Court: Madhya Pradesh

Decided on: Mar-12-2014

1. These petitions filed under Article 227 of the Constitution are directed against the same impugned order passed in Civil Suit No. 15A / 92 by the Additional District Judge, Mungawali, dated 28.11.2000. On joint request, matters were analogously heard and decided by this common order. 2. Shorn of unnecessary details, the relevant facts are that the petitioner / plaintiff filed a civil suit against Inayat Hussain. Inayat Hussain died during the pendency of the suit and his legal heirs were brought on record along with respondents No. 2 to 13 and their legal representatives. The suit was filed for declaration and permanent injunction with further prayer of restoration of possession. The plaintiff stated that suit house is situated at ward No. 2, Jawahar Marg, Mungawali, Distt. Guna. 3. It is the case of the plaintiff that plaintiff's father Kurwan Hussain had four sons, namely, Ali Hussain (plaintiff), Inayat Hussain, Noor Hussain and Abbas Hussain. Abbas Hussain died in the year 1966 ...


Mar 12 2014

Harendra Singh Rathore Vs. Yogendra Bhargava and Others

Court: Madhya Pradesh

Decided on: Mar-12-2014

Gangele J. : 1. The appellant has filed this appeal against the order dt.7.10.2013 passed by the Writ Court in W.P. No.4447/2013 (S). 2. The respondent No.1 challenged the order of transfer dt.4.4.2013 before the Writ Court. The Writ Court disposed of the writ petition with direction to decide the representation in accordance with law. An interim order was also passed by the writ court. Thereafter, the representation of the respondent No.1 was rejected. He again challenged the order before the Writ Court. The Writ Court allowed the writ petition and quashed the order of rejection of representation of the respondent No.1. The court made observation that the appellant was on deputation and the period of deputation came to an end on 4.4.2013, hence, the appellant was not competent to be posted on the post. This fact was not considered by the authority. It is also a fact that subsequently the deputation of the appellant was extended. However, the fact remains that on the date when the repr...


Mar 12 2014

Sunil Verma and Others Vs. Balkishan Garg

Court: Madhya Pradesh

Decided on: Mar-12-2014

Rohit Arya, J: 1. By this petition under Article 227 of the Constitution of India, petitioners/defendants are questioning the legality, validity and propriety of the impugned order dated 22-11-2012 (Annexure P-1) passed by III Civil Judge, Class II, Morena in Civil Suit No. 11-A/2012 by which their application under Order XXXIX Rule 7 read with Section 151 of C.P.C. (hereinafter referred to as "the Code") has been rejected. 2. The respondent/plaintiff has instituted the suit for eviction and arrears of rent with respect to the suit shop. It is asserted that initially father of the defendants was carrying on business in the name and style of Mungaram Ramswaroop and after his death, defendant/petitioner Nos. 2 and 4 are carrying on business in the suit shop. The grounds of eviction are two fold, namely; arrears of rent as the rent is not being paid since 18-11-2011 and the suit shop was bona fide required for respondent/plaintiff for his major son, Harischand Garg as there is no other al...


Mar 12 2014

Mukesh Garg Vs. State of M.P. and Others

Court: Madhya Pradesh

Decided on: Mar-12-2014

Gangele, J. : 1. This PIL has been filed for the following reliefs :- (1) That the order Annexure P-8 passed by this Hon'ble Court may kindly be recalled/quashed as the same is based on misrepresentation of facts and suppression of the documents and as such the same is vitiated in the eyes of law. (2) That it may be held that the judgment dated 14.10.1974 (Annexure P-4) is only in respect of the declaration of the land measuring 350x100 sq. ft. and not in respect of the total and of survey no.1556, 1557 and 1560 and that too being obtained by playing fraud over the court therefor a nullity and respondent No.3 do not acquire any right over this landby virtue of judgment and degree which has been by fraud. (3) Or any other relief which this Hon'ble Court deemed fit under the above facts and circumstances of the case may kindly be granted, in the interest of justice. 2. From the reliefs quoted by the petitioner in this PIL, it is clear that the petitioner wants quashment of the order dt.7...


Mar 12 2014

Ramu @ Ramlal and Others Vs. State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Mar-12-2014

1. By this revision petition under Section 397/401 of the Cr.P.C. the petitioners have prayed for transfer to the petition as well as appointment of an advocate. 2. Briefly stated of the prosecution case is that the petitioners and the applicants in the present case were being proceeded against in the Sessions Trial No.549/2013 and it was their case that the matter had been fixed for framing of charges on 03.01.2014 and without hearing to the Counsel for the petitioners the Court had proceeded to frame the charges against the petitioners. Accused Keku had filed an application dated 15.01.2014 for appointment of advocate of his choice under Section 303 of the Cr.P.C. but the trial Court without considering the application and granting him the opportunity continued the framing of charges and also recorded the statement of witnesses and the petitioners also prayed for transfer of the case to another Court. Being aggrieved the petitioners filed a revision and the Revisional Court had also ...


Mar 12 2014

Narmada Enterprises Vs. State of M.P.

Court: Madhya Pradesh

Decided on: Mar-12-2014

Alok Aradhe, J. 1. With consent of the parties, the matter is heard finally. 2. In this writ petition, the petitioner has assailed the validity of the order dated 30-10-2013 by which the rates offered by respondent No. 3 for transportation of food-grains pursuant to the notice inviting tender dated 17-9-2013 have been approved by the Deputy General Manager (Transportation) of respondent No. 1-Corporation. 3. Facts giving rise to filing of the writ petition briefly stated are that respondent No. 1 invited tenders for transportation of food-grains for the year 2013-14 vide notice inviting tender (NIT for short), which was published in the local newspaper dated 7-9-2013. The last date for submission of the tenders was 27-9-2013 upto 3.00 p.m. The tenders were to be opened at 3.30 p.m. The petitioner as well respondent No. 3 submitted their tenders for LRT (Procurement) Sector Seoni, Distt. Seoni. Admittedly, the bid submitted by respondent No. 3 was the lowest whereas, the petitioner was ...


Mar 11 2014

Bakhedi Sahu @ Kanda Sahu Vs. the State of Madhya Pradesh Judgement Gi ...

Court: Madhya Pradesh

Decided on: Mar-11-2014

M.Cr.C.No.3446 of 2014 11.03.2014 Shri L.S.Patel, learned counsel for the applicant. Shri R.N.Yadav, learned counsel for respondent-State. Learned PL submits that he is under receipt of the case diary. 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 18.10.2013 in connection of Crime No.124/13, registered at Police Station Ghughri, district Mandla for the offence under Sections 307, 147, 148, 149, 323, 294, 506 of IPC. Having heard the counsel, keeping in view their arguments, after perusing the case diary, taking into consideration the nature of injuries of the victim, Krishna bai who sustained some incised wounds on the parietal region without any fracture, as submitted by the learned PL in this regard and no x-ray is found in the charge sheet or in the case diary, alongwith the deposition of Doctor Z. Hussain, (PW-10).who proved the MLC (Ex. P-32) of Krishna bai and discharge ticket, (Ex. P-33) anne...


Mar 11 2014

Ranu Singh Gond Vs. the State of Madhya Pradesh Judgement Given By: Ho ...

Court: Madhya Pradesh

Decided on: Mar-11-2014

Criminal Appeal No.2464/2011 11.03.2014 Shri R.P.S.Thakur, learned counsel for the appellant. Shri R.N.Yadav, learned Panel Lawyer for the respondent- State. Heard on IA No.3840/13, this is fourth repeat application for suspension of his remaining jail sentence and grant of bail as his earlier fiRs.application in this regard was dismissed for want of prosecution, vide order dated 27.1.2012. Thereafter second application was dismissed, vide order dated 5.11.2012 after extending the liberty to revive the prayer after six months and subsequently the third application was dismissed as withdrawn and not pressed, vide order dated 19.7.2013 by extending liberty to revive the prayer on availability of additional grounds or after suffering the substantial part of the awarded jail sentence. The appellant has been convicted and sentenced by the trial court under Sections 376, r/w Section 511 of IPC to make attempt to commit rape on minor prosecutrix for RI five years with fine of Rs.1000/- and si...


Mar 10 2014

Ramkishan Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble ...

Court: Madhya Pradesh

Decided on: Mar-10-2014

HIGH COURT OF JUDICATURE MADHYA PRADESH, JABAPLUR Single Bench: Hon'ble Mr. Justice N.K.Gupta,J.M.Cr.C. No.15643 of 2013 Ramkishan & others. Vs. State of M.P. ------------------------------------------------------------------------------------------- Shri R.S.Patel, Advocate for the applicants. Shri Ajay Tamrakar, Advocate for the respondent. ------------------------------------------------------------------------------------------- ORDER (ORAL) (Passed on the 10th day of March, 2014) By way of this petition under Section 482 of Cr.P.C. the applicants have challenged the registration of Crime No.204/2012 at Police Station Themi District Narsinghpur for the offence under Section 306/34 of IPC.2. The prosecution story, in short, is that the deceased Bhagwandas Bairagi had committed suicide on 15.7.2012. The brother and relatives of the deceased had stated that one day prior to the incident, a quarrel took place between the applicants and the deceased in which the applicants abused the de...


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