Madhya Pradesh Court June 2014 Judgments
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Alok Jain @ Mintu Jain Vs. Gorelal and Others
Court: Madhya Pradesh
Decided on: Jun-20-2014
M.K. Mudgal, J. 1. Heard. 2. The applicant has filed this petition under Section 482 of Cr.PC, for quashing of the order dated 3-3-2009 passed by the Court of Judicial Magistrate First Class, Lakhnadon, District Seoni, in unregistered private complaint whereby the order under Section 156 (3) of Cr.PC, has been passed by the learned Trial Court directing the Police to register a criminal case and investigate the matter. 3. Learned Counsel for the applicant submits that the impugned order passed by the learned Trial Court is totally without application of mind as no reason has been assigned for issuing the aforesaid direction to the Police. Learned Counsel further contends that before issuing the direction to the Police under Section 156 (3) of Cr.PC to register a criminal case, learned Trial Court ought to have satisfied itself as to whether the ingredients of the cognizable offence are prima facie found in the allegations made by the complainant. Learned Counsel further submits that th...
Ajay Kumar Sahu Vs. Director General Of CRPF
Court: Madhya Pradesh
Decided on: Jun-20-2014
1. With consent of learned counsel for the parties, the matter is finally heard. The question which arises for consideration is whether a candidate can be deprived from consideration for appointment merely because he could not report for medical fitness examination on the scheduled date because the notice through ordinary post was not received in time. Having applied for the post of Constable, Central Reserve Protection Force at Bhopal, the petitioner was examined on 29.11.2009 at Group Centre CRPF, Bangarasiyaf, Bhopal. Being found suitable, the petitioner was issued Medical Admit Card for medical examination scheduled on 11.09.2010 on 23.08.2010. 2. Evidently, the Medical Admit Card was sent through ordinary post, which the petitioner having received on 05.10.2010, he could not participate in the medical examination scheduled for 11.09.2010. On being approached, the respondents declined him to undergo medical examination. Writ Petition No.14943/2010 Aggrieved, present petition has be...
Jabbar Khan Vs. Rauf Beg and Others
Court: Madhya Pradesh
Decided on: Jun-20-2014
Rohit Arya, J: 1. This Writ Petition under Article 227 of the Constitution of India is directed against the order dated 24/10/2013 passed by Civil Judge, Class-I, Ganjbasoda, District Vidisha in Civil Suit No.110-A/2009. 2. By the aforesaid order, the petitioner/plaintiff has been denied opportunity of cross-examining the witnesses produced by defendants interalia on the ground that defendants had produced the witnesses at 1 O' Clock; case was fixed for cross-examination at 3:30 PM; and, defendants' witnesses alongwith counsel were present at 3:00 O' Clock, however, request was made on behalf of plaintiff's senior counsel Shri Hariprasad Sharma for deferment of cross-examination, as he was occupied in another case in a different Court. According to the Court, up-till 5 O' Clock as the counsel for plaintiff did not turn up for cross-examination and, therefore, it closed the right of plaintiff for cross-examining the defendants' witnesses. 3. It is submitted by the plaintiff/petitioner t...
Preston College Gwalior Vs. NCTE and Others
Court: Madhya Pradesh
Decided on: Jun-18-2014
Heard. The petitioner has filed this petition against the order dt.12.10.2013 (Annexure P/1). The controversy involved in this petition has already been decided by the Division Bench of this court at Jabalpur in W.P.No.21586/2013 (Matushri Ahilya Devi Teachers Education Institute and another Vs. National Council for Teachers Education and others) and other connected matters vide judgment dt.13.5.2014, hence, with the consent of the counsel for the respondents, the petition is heard and disposed of finally. The petitioner institution was granted recognition to conduct M.Ed. course with annual intake of 40 students. Vide impugned order dt.12.10.2013 (Annexure P/1), recognition granted earlier to the petitioner for conducting Mgf.Ed. course has been withdrawn on the ground that the petitioner institution did not get its accreditation by National Assessment and Accreditation Council (NAAC). The following observations have been made by the authority in withdrawing the recognition granted ea...
Kamla Bai Vs. Mathuralal
Court: Madhya Pradesh
Decided on: Jun-18-2014
Since 27.8.2011 different dates were given with the possibility of settlement between the appellant wife and respondent husband, but all efforts brought no result. It seems that in last three years there has been no communication between them and the amicable settlement seems to be remote. Considered IA No. 2487/2005, which is an application for condonation of delay in filing the appeal. There is delay of 48 days in filing this appeal. For the reasons mentioned in the application that the appellant is a woman of 45 years, (IA No. 2487/2005) is allowed and delay in filing the appeal is hereby condoned. Heard. This appeal has been filed by the plaintiff /appellant for enhancement of alimony under Section 28 of Hindu Marriage Act, 1955. The appellant is aggrieved by the judgment dated 25.11.2004 passed by the learned Additional District Judge, Chachoda District Guna in H.M.A. Case No. 6-A/01. The brief facts just necessary for disposal of this appeal is that the appellant is the legally w...
Sheela Yadav Vs. Muthoot Finance and Others
Court: Madhya Pradesh
Decided on: Jun-17-2014
Rohit Arya, J: 1. This appeal by plaintiff is directed against the judgment and decree dated 1/11/2013 in Civil Suit No. 32-A/2013. 2. Plaintiff is the daughter of defendant no. 2 and sister of defendants no. 3 and 4. Defendant no. 1 is a finance company with its local office at City Centre, Gwalior. 3. Plaintiff filed a suit for the relief to the effect that name of defendant no. 2 be obliterated from the debenture certificate and her name be substituted with further declaration that plaintiff is entitled to receive the amount payable vide debenture certificate No. 0532/427 invested with defendant no. 1 and permanent injunction restraining defendants not to interfere in release of the amount in her favour. 4. There is no dispute amongst the parties that defendant no. 1-finance company had issued a debenture certificate no. 0532/427 dated 10/12/2010 in the name of defendant no. 2-Smt. Basso Bai. 5. It is averred in the plaint that plaintiff is a housewife and lives in Chandanpur. By vi...
Brijmohan and Others Vs. Chandresh and Others
Court: Madhya Pradesh
Decided on: Jun-17-2014
Rohit Arya, J: 1. This appeal under section 100 CPC by the defendants' No. 5, 6, 7 and 8 is directed against the judgment and decree dated 15/05/2012 passed in civil appeal No. 28A/2011 by II Additional District Judge, Vidisha District Vidisha partially allowing the appeal, set aside the judgment and decree passed by the trial Court dated 19/07/2010 in civil suit No. 92A/2008. The suit has been decreed to the effect that the plaintiffs'/respondents' No. 1 and 2 are entitled to half of 1/3rd share (Kamla Bai and Narmada Bai) with equal shares of agricultural land falling in survey Nos. 87 area 03.45 hectare, 252 area 0.052 hectare, 511 area 0.336 hectare, 512 area 0.261 hectare, 513 area 0.597 hectare, total area 1.621 hectare (hereinafter referred to as 'the suit land'). 2. Following substantial question of law needs to be addressed as contended by the learned senior counsel for appellants: "(i) Whether the factum of alleged 'will' executed by Kamla Bai in favour of Gopilal father of d...
Gulam Nabi Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jun-17-2014
M.C. Garg, J. 1. With the consent of the parties, arguments heard on this appeal, which has been filed on behalf of the appellant aggrieved of the judgment delivered in Special Case No. 16/2004, Decided on 26-05-2006 by the Special Judge (NDPS) whereby, the appellant was convicted for the offence under section 8/21 (c) of the NDPS Act and has been sentenced to undergo 11 years RI besides payment of fine of Rs.1 lac With default sentence. He has also been convicted for the offense under section 8/18(b) of NDPS Act and has been sentenced to undergo 13 years RI with fine of Rs.2 lacs with default sentence. Both the sentences to run concurrently. 2. Learned Counsel appearing for the appellant has submitted that the appellant is not assailing the judgment on merits as well as the judgement on the point of conviction, but submits that since the appellant has already completed more than 10 years, he only prays for the release of the appellant on the basis of the sentence already undergone by ...
Ashish Kumar Vs. Jiwaji University and Another
Court: Madhya Pradesh
Decided on: Jun-17-2014
This Writ Petition is by a self styled social activist seeking quashment of order dated 7/8/2012 (Annexure P/1), whereby respondent no.2 has been appointed as Professor under Career Advancement Scheme, amendment order dated 9/8/2012 (Annexure P/2) passed by respondent no.1-Jiwaji University, Gwalior, whereby date of promotion of respondent no.2 is shown as 1/1/2009 and also the order of initial appointment of respondent no.2 as Lecturer in Commerce stream and sought an enquiry by judicial officer against the University, who according to the petitioner has made illegal appointment of respondent no.2. Upon perusal of the Writ Petition, it is found that petitioner is not in teaching profession either in any educational institution, college or any university much less Jiwaji University, Gwalior. Neither he possesses qualifications nor eligibility for appointment as Professor. As such, petitioner cannot be said to be an aggrieved person for the purpose of seeking the relief of quashment of ...
Amod Kumar Saxena Vs. Prakash Khandelwal
Court: Madhya Pradesh
Decided on: Jun-16-2014
1. Challenging the order-dated 5.6.2014, passed by the MP State Cooperative Tribunal, Bhopal in Second Appeal No. 123/2013, this petition has been filed under Article 227 of the Constitution. 2. Dispute in the writ petition pertains to election to the post of Directors of the Awas Rahat Grih Nirman Sahkari Sanstha Maryadit, Bhopal-a Co-operative Society, registered under the provisions of the MP Cooperative Societies Act. 3. Facts in nut-shell, go to show that on 15.9.2012, petitioners were elected as Directors of the said society. Aggrieved by the said election, respondent No. 1 raised a dispute under section 64 of the MP Cooperative Societies Act, 1960 (hereinafter referred to as 'Act') before the Deputy Registrar, Cooperative Societies, Bhopal. Notices were issued and proceedings were held ex parte against the petitioner, as it was reported that they did not appear inspite of service of notice. An ex parte order was passed on 15.5.2013, after notice was tried to be served by publica...
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