Madhya Pradesh Court March 2014 Judgments
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Arvind Kumar Vs. Tilak Singh Judgement Given By: Hon'ble Shri Justice ...
Court: Madhya Pradesh
Decided on: Mar-05-2014
Second Appeal No.15 / 2006. 5/3/2014. Shri J.A.Shah, Advocate for the appellant. Heard on admission. This second appeal under Section 100 of CPC has been filed by the appellant / plaintiff against the judgment and decree dated 13.09.2005 passed by Additional District Judge, Gadarwara, District Narsinghpur (MP) in Regular Civil Appeal No.18-A/2004, confirming the judgment and decree dated 11.05.2004 passed by learned Civil Judge Class-II, Gadarwara, District Narsinghpur (MP) in Civil Suit No.103- A/2003, rejecting the suit filed by the appellant / plaintiff for possession of agricultural land sold by the father of the appellant / plaintiff i.e.respondent No.1 to the respondent No.2. Both the courts below have given concurrent finding that the plaintiff has not filed the suit for partition of the sold land and has also not impleaded his brother as party who is also having equal share in the ancestral property and further rejecting the suit mainly on the ground that the plaintiff himself ...
Ramprasad Kol Vs. the State of Madhya Pradesh Judgement Given By: Hon' ...
Court: Madhya Pradesh
Decided on: Mar-05-2014
W.P.No.3781/2014 05.03.2014 Shri Ranjeet Dwivedi, learned counsel for the petitioneRs.Shri Anubhav Jain, 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 succ...
Tulsiram Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble S ...
Court: Madhya Pradesh
Decided on: Mar-05-2014
Second Appeal No.36 / 2006. 5/3/2014. Shri Arun Kumar Choubey, Advocate for the appellants. Heard on admission. This second appeal under Section 100 of CPC has been filed by the appellants / plaintiffs against the judgment and decree dated 14.9.2005 passed by IV Additional District Judge, Hoshangabad in Regular Civil Appeal No.15-A/2005, confirming the judgment and decree dated 14.10.2004 passed by FiRs.Civil Judge Class-II, Hoshangabad in Civil Suit No.2-A/2004, rejecting the suit filed by the appellants / plaintiffs for permanent injunction; possession and amount of compensation of the land which is allegedly in possession of the respondents who have constructed the road over it. The appellants have pleaded that cause of action arose on 12.6.2002 when he got boundaries of their land demarcated and came to know that 0.60 Decimal land has been encroached by the defendants and road has been constructed over it. Both the courts below have given concurrent finding that the defendants have...
Lulua @ Shyamwati Patel Vs. Mahendra Kumar Judgement Given By: Hon'ble ...
Court: Madhya Pradesh
Decided on: Mar-05-2014
M.A.No :: 1780 / 2007 Lulua @ Shyamwati Patel versus Mahendra Kumar and others 05.03.2014. Shri Ashok Kumar Gupta for the appellant. None for respondents 1 and 2. Shri Rahul Jain, Deputy Advocate General, for State. This is an appeal under section 47 of the Guardian and Wards Act, 1890. The appeal was filed on 13.4.2007 and it is yet to be admitted. Even though it was listed on 13.7.2011, nothing happened and the appeal has not been admitted for hearing. Matter pertains to custody of a child i.e.respondent No.1 Mahendra Kumar. It is stated that parents of Mahendra Kumar have died and now the dispute is between the families of father and mother of the child, in the matter of grant of custody. The application was under section 8 of the Guardian and Wards Act for appointment of a Guardian. Appellant is sister of father of the child and claimed custody on the ground that childs interest would be best protected in her custody. However, after evaluating the matter, custody of the child has ...
Commissioner of Income Tax Vs. M/s Agrawal Farm Equipments Panna Naka ...
Court: Madhya Pradesh
Decided on: Mar-05-2014
M.A.I.T.NOS :: 06/2005, 21/2005 & 24/2005. Commissioner of Income Tax, Jabalpur versus M/s Agrawal Farm Equipments Panna Naka 05.03.2014. Shri Sanjay Lal for the appellant. Shri G.N.Purohit, Senior Advocate, with Shri Oswal for the respondent. As common questions of law are involved in these three appeals, they are being decided by this common order. At the very outset Shri Purohit, learned Senior Advocate, invites my attention to circular No.1979 dated 27.3.2000, issued by the Central Board of Direct Taxes, and points out that as the instructions issued by the Board prohibits filing of an appeal where the quantum of tax is less than `2 Lacs, these appeals would not be maintainable. Referring to the averments made by the appellants themselves, in Ground (C) of the appeal, learned Senior Advocate points out that the tax liability for each year as is indicated therein in Ground (C).is less than `2 Lacs for each year and, therefore, the appeals would not be maintainable. In support of his...
Commissioner of Income Tax Vs. M/s Agrawal Farm Equipment Panna Naka J ...
Court: Madhya Pradesh
Decided on: Mar-05-2014
M.A.I.T.NOS :: 06/2005, 21/2005 & 24/2005. Commissioner of Income Tax, Jabalpur versus M/s Agrawal Farm Equipments Panna Naka 05.03.2014. Shri Sanjay Lal for the appellant. Shri G.N.Purohit, Senior Advocate, with Shri Oswal for the respondent. As common questions of law are involved in these three appeals, they are being decided by this common order. At the very outset Shri Purohit, learned Senior Advocate, invites my attention to circular No.1979 dated 27.3.2000, issued by the Central Board of Direct Taxes, and points out that as the instructions issued by the Board prohibits filing of an appeal where the quantum of tax is less than `2 Lacs, these appeals would not be maintainable. Referring to the averments made by the appellants themselves, in Ground (C) of the appeal, learned Senior Advocate points out that the tax liability for each year as is indicated therein in Ground (C).is less than `2 Lacs for each year and, therefore, the appeals would not be maintainable. In support of his...
Smt. Shri Prabha Kushwaha Vs. Shyamlal Kushwaha Judgement Given By: Ho ...
Court: Madhya Pradesh
Decided on: Mar-04-2014
1 Criminal Revision No.1608/2013 HIGH COURT OF MADHYA PRADESH AT JABALPUR SINGLE BENCH PRESENT : HON'BLE SHRI JUSTICE N. K. GUPTA CRIMINAL REVISION NO.1608/2013 Smt. Shashi Prabha Vs. Shyamlal Kushwaha ........................................................................................ Shri D.K. Tripathi, counsel for the applicant. ........................................................................................ JUDGMENT (Delivered on the day of March, 2014) The applicant has preferred the present revision being aggrieved with the order dated 8.5.2013 passed by the First Additional Principal Judge, Family Court, Jabalpur in MJC No.44 of 2012 whereby the application under Section 125 of the Cr.P.C filed by the applicant was dismissed.2. Facts of the case in short is that the applicant has preferred an application under Section 125 of the Cr.P.C against the respondent, with the pretext that her marriage took place on 13.5.2005 with the respondent and after 5-6 years of marriag...
Ramsharan Singh Vs. the State of Madhya Pradesh Judgement Given By: Ho ...
Court: Madhya Pradesh
Decided on: Mar-04-2014
WRIT PETITION No.3652/2014 1 04.03.2014 Shri Santosh Kumar Vishwakarma, learned Counsel for the petitioneRs.Shri Puneet Shroti, learned Panel Lawyer, for the respondents-State on advance copy. 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 ...
Dinesh Kumar Pathak Vs. Pt.Ramvilas and Ors. Judgement Given By: Hon'b ...
Court: Madhya Pradesh
Decided on: Mar-04-2014
F.A.No.574/1999 04.03.2014 Shri Ishtiyaq Husain, learned counsel for the appellant. Shri G.S.Baghel, learned counsel for the respondents. Though notices of I.A.No.11428/2011 were served on the respondents and on the legal representatives of the deceased respondent No.1 and an opportunity was obtained for filing reply of the said application but no reply has been filed. However, learned counsel appearing for the legal representatives of respondent No.1 contended that in fact the notice of death of respondent No.1 was furnished in the Court on 09.01.2008 after furnishing a copy of the same to learned counsel for the appellant. It was necessary on the part of the learned counsel for the appellant to take steps for intimating this fact to the appellant so that necessary steps could be taken for substitution of legal representatives of deceased respondent No.1. Subsequently, when the application was again made on 27.06.2011, it appears that some sort of action was taken but for the previous...
Smt.Shyama Bai Vs. the State of M.P. Judgement Given By: Hon'ble Shri ...
Court: Madhya Pradesh
Decided on: Mar-04-2014
HIGH COURT OF JUDICATURE MADHYA PRADESH, JABALPUR SB: HON. SHRI N.K.GUPTA,J.CRIMINAL REVISION NO.861/2003 Smt. Shyama Bai. Vs. State of Madhya Pradesh & another. ------------------------------------------------------------------------------------------- Shri Prakash Gupta, Advocate for the applicant. Shri Akshay Namdeo, Panel Lawyer for the respondent No.1/ State. None for the respondent No.2 ------------------------------------------------------------------------------------------- ORDER (ORAL) (Passed on the 4th day of March, 2014) The applicant has preferred the present revision against the judgment dated 16.5.2003 passed by the Judicial Magistrate First Class, Gadarwara in Criminal Case No.339/2001 whereby the respondent No.2 was acquitted from the charge of offence under Sections 447, 354 and 323 of IPC.2. The prosecution story, in short, is that on 17.11.2001 the victim/prosecutrix (PW-1) was in her house situated at Village Kheri (Police Station Tendukhera District Narsinghpur)....
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