Madhya Pradesh Court May 2014 Judgments
Rajendra Syal Vs. Hari Prasad Agrawal and Others
Court: Madhya Pradesh
Decided on: May-16-2014
Sujoy Paul, J. 1. This petition filed under Article 227 of the Constitution challenges the order passed in Case No. 7-A/13 on 30.4.2014, whereby the application of petitioners/defendant No. 2 preferred under Sections 33, 35 and 38 of Indian Stamp Act, 1899 is rejected by the Court below. 2. Shri P.C. Chandil, learned counsel for the petitioner, submits that the plaintiffs/respondents No. 1 and 2 filed a suit for specific performance of contract. In the said suit, the document Annexure P-3, i.e., 'agreement for sale' was filed. The petitioner preferred an application under Sections 33, 35 and 38 of the Indian Stamp Act, 1899 (Annexure P-4) and prayed that in the agreement of sale, the sale consideration is 8 crores. The stamp duty on the said amount would be Rs.8 lakhs, whereas the plaintiffs have paid only Rs.100/- and, therefore, by invoking Section 33(1) and 35 of the Stamp Act, the said document be impounded and send to Collector of Stamp for proper adjudication. 3. The plaintiffs f...
Tag this Judgment!Harbanslal Vs. Shyamsundar
Court: Madhya Pradesh
Decided on: May-16-2014
M.C. Garg, J. 1. This appeal has been filed by the appellant aggrieved of the judgment dated 27.09.2006, passed by the Judicial Magistrate First Class, Indore in criminal Case No.36382/2006, whereby the respondent who was prosecuted for an offence under Section 138 of the Negotiable Instrument Act on complaint filed by the appellant was acquitted. 2. Briefly stating the allegations of the complainant against the respondent were as follows:- "LANGUAGE" 3. The evidence was led by the parties before the trial Court which was duly considered by the learned Judicial Magistrate First Class. The Judicial Magistrate First Class was pleased to acquit the respondent primarily for the following reasons:- "LANGUAGE" 4. Considering the aforesaid facts and there being no evidence on behalf of the appellant that the cheque was given for consideration, the trial Court while acquitting the respondent made the following observations:- "LANGUAGE" 5. The trial Court has also observed that even notice of d...
Tag this Judgment!Neelesh and Others Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-16-2014
Subhash Kakade, J. 1. By this petition under Section 407 of the Code of Criminal Procedure, 1973, the applicants are praying for transfer of Criminal Case No. 6939/2013, State of M.P. through P.S. Gopalganj, District Sagar v. Neelesh and others pending before the Judicial Magistrate, First Class, Sagar to Jabalpur. 2. On dated 25-10-2013 unknown persons were committed theft in the house of the complainant. On the said allegation, Police Station, Gopalganj registered Crime No. 470/2013 for the offence punishable under Sections 457,380 of IPC and after due investigation, the applicants were arrested and charge-sheeted. 3. The basis of transfer mentioned in petition is that the complainant is a practicing Advocate under the jurisdiction of Sessions Court, Sagar, hence he is pressurising and giving threats to the Advocates of Sagar not to appear in the case of the applicants. All the Advocates of Sagar are afraid and in pressure of the complainant, therefore, they are against the applicant...
Tag this Judgment!Shriram Adarsh Education Society Vs. The State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-15-2014
Heard counsel for the parties. As short question is involved, petition is taken up for final disposal forthwith, by consent. This petition takes exception to the order dated 27/28th January, 2014 issued under the signature of the Regional Director, National Council for Teacher Education (Annexure-P/8). The said order was passed after issuance of show-cause notice to the petitioner-College. In the show-cause notice, several instances were cited for initiating action of de-recognition of the petitioner-College. However, in the final order passed by the Council which is impunged in this petition (Annexure-P/8) only two instances have been cited as ground for withdrawing recognition of the petitioner-college. The order reads thus:- TO BE PUBLISHED IN GAZETTE OF INDIA PART-III SECTION-4 F.No.WRC/APW01635/223280/199th/2014/113480 Date: 27/28.01.2014 Withdrawal Order Whereas, the recognition was granted to the institution namely SHRI RAM ADARSH EDUCATION SOCIETY, D.P. CHATURVEDI SCIENCE, COMM...
Tag this Judgment!The Western Coalfields Ltd. and Another Vs. Faggulal
Court: Madhya Pradesh
Decided on: May-15-2014
As per R.S. Jha, J: 1. The appellants have filed this appeal being aggrieved by the order dated 7.5.2013 passed by the learned Single Judge in W.P. No. 10609/2012 whereby the petition filed by the respondent/petitioner for treating his date of birth to be 1.2.1955 instead of 1.9.1952 has been allowed on the ground that the impugned order has been passed without considering the mandatory Implementation Instruction no. 76. It is submitted that the impugned order has been passed allowing the petition simply on the basis of a report submitted by the WA No. 676/13 Directorate General of Mines Safety, dated 16.1.2013. 2. The learned counsel appearing for the appellants/ respondents submits that at the time of inducting the petitioner/respondent in the employment in the year 1975, the date of birth of the petitioner/respondent in the service records of the appellants/respondents was recorded as 1.9.1952. However, subsequently the petitioner/ respondent filed its matriculation certificate as w...
Tag this Judgment!Matushri Ahilya Devi Teachers Education Institute and Others Vs. Natio ...
Court: Madhya Pradesh
Decided on: May-13-2014
K.K. Trivedi, J. 1. This judgment will also govern the disposal of Writ Petition No.16805/2013, Writ Petition No.21669/2013, Writ Petition No.21953/2013, Writ Petition No.220/2014, Writ Petition No.1571/2014, Writ Petition No.1998/2014, Writ Petition No.2066/2014, Writ Petition No.2067/2014, Writ Petition No.2068/2014, Writ Petition No.2070/2014, Writ Petition No.2071/2014, Writ Petition No.2072/2014, Writ Petition No.3262/2014, Writ Petition No.5984/2014 and Writ Petition No.19985/2013. As the common question is involved including the interpretation of Sub-clause (5) of Regulation 8 of National Council for Teacher Education Regulations, 2009 (hereinafter referred to as the NCTC Regulation 2009 for brevity), for the convenience facts are taken from this petition only. 2. The present petition under Article 226 of the Constitution of India is directed seeking the following reliefs :- (a) This Hon ble Court be pleased to issue appropriate writ/order/direction including a writ of certiorar...
Tag this Judgment!Jitendra Singh and Others Vs. The State of Madhya Pradesh and Another
Court: Madhya Pradesh
Decided on: May-13-2014
1. This petition under Section 482 Cr.P.C. has been filed by the petitioners for quashment of the FIR registered as Crime No.249/13 at Police Station- Mahila Thana, Bhopal for offence punishable under Sections 498-A, 294 and 506,34 and 294 of IPC and Sections 3/4 of Dowry Prohibition Act. 2. Petitioner no.1 is the husband of respondent no. 2, their marriage was performed on 14.12.2007 from Bhopal according to Hindu custom and other applicants are the in-laws of the respondent no.2. 3. Certain unfortunate incidents relating to matrimonial matters have dragged the parties to this Court. The incident took ugly turn which resulted in lodging of the aforesaid FIR by respondent no.2. Now, the parties have settled all their disputes and want to compromise the matter. Copy of the Marital Settlement Agreement (Annexure A/2) has also been filed, which was filed by the parties before the learned trial Court along with the petition of compromise. In view of the compromise, I do not wish to narrate...
Tag this Judgment!Swami Vivekanand College of Science and Technology Vs. All India Counc ...
Court: Madhya Pradesh
Decided on: May-13-2014
1. Challenging the order dated 21.1.2014 Annexure P/1 passed by the All India Council for Technical Education withdrawing the EOA i.e. "Extension Of Approval" granted to the petitioner's institute for the academic year 2012-2013 and 2013-2014, this writ petition has been filed under Article 226 and 227 of the Constitution. 2. Facts in brief necessary for disposal of this writ petition goes to show that the Swami Vivekanand College of Science and Technology, Bhopal was established by Akshay Shakti Shiksha Evam Samaj Kalyan Samiti, a Society registered under the M.P. Society Registrikaran Adhiniyam, 1973. The said Society established various institutes, one of which is the present institute namely "Swami Vivekanand College of Science and Technology" situated at Bhopal. The institute in question was established in the year 2006 and before starting the institute, the Society applied for grant of approval and recognition for conducting various courses in technical education. All the formali...
Tag this Judgment!Rakesh Gurjar and Others Vs. State of M.P.
Court: Madhya Pradesh
Decided on: May-12-2014
1. Heard Counsel for the parties. 2. These anticipatory bail applications under Section 438 of the Code of Criminal Procedure (in short "the Code") have been filed by the applicants, namely, Rakesh Gurjar, Sanjay Malviya and Dhiraj Singh Baghel, in connection with Crime No. 18/2013, registered with STF Police Station. 3. The applicants first approached the Sessions Court for the same relief, who in terms of order dated 6th March, 2014, rejected each of the applications, for the following reasons : - 4. Counsel for the applicants invited our attention to the provisions of Section 163 and then to Section 41, in particular, clause (ii) (b) of the Code, as inserted by Amendment Act No. 5 of 2009, and Section 46 of the Code to contend that the Police Officer can arrest a person only on fulfilling the requirements specified by the Amending Act. Further, the arrest cannot be for the purpose of extracting admission/confession or compelling the accused to give false evidence whilst in police cu...
Tag this Judgment!Mohni Devi Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: May-09-2014
Per U.C. Maheshwari, J. 1. On behalf of the appellant/plaintiff this appeal is preferred under Section 100 of CPC being aggrieved by the judgment and decree dated 30.1.2012 passed by 5th Additional District Judge, Bhopal in Civil Regular Appeal No.56/2011 affirming the judgment and decree dated 4.2.2011 passed by the 8th Civil Judge, Class-II, Bhopal in Civil Original Suit No.169-A/2009, whereby her suit filed for declaration and perpetual injunction with respect of the land in dispute describe in plaint has been dismissed. 2. The facts giving rise to this appeal in short are that the appellant/plaintiff filed the impugned suit for declaration and perpetual injunction with respect of the land bearing survey No.428/1/2 area 0.37 acre out of total area 8.77 acres contending that she entered into an oral agreement in the year 1992 with Bhoomiswami Munshilal and Rajaram to purchase the aforesaid land and pursuant to it the possession of such land was also obtained by her. Subsequent to it ...
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