Madhya Pradesh Court July 2014 Judgments
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Kedarnath Neekhra and Another Vs. Suprabhat Grih Nirman Sahkari Sansth ...
Court: Madhya Pradesh
Decided on: Jul-30-2014
Rohit Arya, J: 1. This revision petition is directed against the order dated 16/4/2012 passed in civil suit No.36A/2011. An application under Order VII Rule 11 of Civil Procedure Code filed by defendants no.1 and 3 has been rejected. 2. Facts necessary for disposal of this petition are to the effect that plaintiff is a cooperative housing society and has filed a suit through its President Rahul Birthare for declaration and permanent injunction seeking declaration to the effect that plot No.12 falling in survey No.163 situated at village Rajpura, District Shivpuri is of plaintiff's ownership and possession. Further, the registered sale deed dated 10/10/1991 executed by plaintiff in favour of defendant no.1 and sale deed dated 22/10/2009 executed by defendant no.1 in favour of defendant no.3 be declared as null and void and lastly defendants be restrained from making encroachment over the suit land and raising construction thereupon. Defendant no.1 is the member of plaintiff-society and ...
Sunil Enterprises Vs. Smt. Mithila Devi and Others
Court: Madhya Pradesh
Decided on: Jul-30-2014
Rohit Arya, J: 1. Heard. 2. This appeal by the plaintiff under Section 100 of Civil Procedure Code is directed against the concurring judgment and decree dated 1/9/2012 passed by XIV Additional District Judge, Gwalior in Civil Appeal No. 25-A/12, confirming the judgment and decree of the trial Court dated 31/3/2010 passed by Sixth Civil Judge, Class-II, Gwalior in Civil Suit No. 96-A/2009. By the impugned judgment and decree passed by trial Court the suit filed by the plaintiff for declaration and permanent injunction has been dismissed. 3. In the aforesaid suit, plaintiff has inter alia contended that plaintiff is running a cloth business in the name and style of Sunil Enterprises in shop No. 4-A, situated at Narayan Das Cloth Market, Near Central Library, Jiwaji Chowk, Gwalior since 1/4/1978 and paying rent. As on date the rent was to the tune of 325/- per month. It is further pleaded that at the time of commencing tenancy, an amount of 4,000/- was paid to Landlady Smt. Mithila Devi ...
Narendra Kumar Gupta Vs. Union of India
Court: Madhya Pradesh
Decided on: Jul-28-2014
Sujoy Paul, J: 1. This petition filed under Article 226 of the Constitution challenges the orders passed by various authorities established under the Right to Information Act, 2005 (for brevity, the "RTI Act"). 2. The petitioner preferred an application (Annexure P/4) under RTI Act before the Public Information Officer, seeking certain informations including affidavit of Devendra Gupta, bank statement and copy of Cheque No. 631401 dated 13.10.2000. The petitioner preferred another application dated 16.11.2011 stating that the petitioner's father Radha Vallabh Gupta and mother Smt. Satyawati Gupta died on 25.4.2011 and 29.12.2005, respectively. Petitioners are three brothers, namely, Narendra Kumar, Yatendra Kumar and Devendra Kumar. Being real brothers, they are legal representatives of their parents. It is stated that the petitioner's brother Devendra Kumar has withdrawn certain amount from the Pension Saving Account of his father. The description of account is given in the said appli...
Sharad Kumar Agrawal Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jul-28-2014
(1) This petition, under Section 482 of the Code of Criminal Procedure, has been preferred for quashment of entire proceedings pending in Session Trial No.25/2010 in the Court of Sessions Judge, Mungaoli, District Ashok Nagar for the offence punishable under Section 4 and 5 of the Explosive Substances Act, 1908 which has arisen out of the Crime No.135/2009 dated 09.04.2009 registered at Police Station Chanderi, District Ashok Nagar (M.P.) (2) As per the prosecution case, on 09.04.2009 at about 08:05 pm a truck bearing number MP09 KB3627 was searched by the police. During search, 320 bags of Ammonium Nitrate were seized vide seizure memo dated 09.04.09. Relevant documents of registration, permit, fitness etc. were also seized. Initially, Crime was registered at outpost Rajghat, District Ashok Nagar and thereafter original FIR was registered at Crime No.135/2009 at Police Station Chanderi, District Ashok Nagar (M.P.) for the offence punishable under Sections 4 and 5 of the Explosive Subs...
Ballu Yadav alias Balbeer Singh Yadav Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-25-2014
Heard on I.A.No.2981/14 which is an application under Section 301(2) of Cr.P.C., seeking permission to assist the public prosecutor. In view of the averments made in the application, it is hereby allowed. Learned counsel for the complainant is permitted to assist the public prosecutor. Further heard on the bail application. Case-diary has been perused. This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. Applicant has been arrested on 16-10-2013 in connection with Crime No.66/2013 registered at Police Station, Morar District Gwalior for the offence punishable under Sections 147, 148, 149, 307, 302 and 120-B of IPC. As per prosecution story, on 06-02-2013 at about 10:15 pm incident occurred when after attending the marriage ceremony at Jiwaji Club, Gwalior Ramprakash and Ajit Singh (since deceased) alongwith one eye-witness Dayanand and injured Ramesh were returning to their village Mohanpur, District Gwalior by Safari Jeep which ...
M/s. Sai Prasad Foods Limited and Another Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Jul-25-2014
A.M. Khanwilkar, C.J. 1. This writ petition under Article 226 of the Constitution of India takes exception to the notice dated 28th May, 2014, Annexure P/5, issued under the signature of Principal Secretary (Finance), Government of Madhya Pradesh and order dated 24/6/2014, Annexure P/7, issued under the signature of Collector, Gwalior. 2. For the nature of order we propose to pass, it may not be necessary to advert to the entire factual matrix, which has resulted in filing of the present petition, except to observe that the petitioner-Company had filed writ petitions in this Court being Writ Petition Nos.6371/2011 and 6451/2011 as also Writ Appeals No.592/2011 and 596/2011, which came to be disposed of by common judgment dated 12.05.2014. The Division Bench of this Court adverted to the background in which action was taken by the Authority. It is noted that in Writ Petition No.3332/2010 (PIL), the Division Bench of this Court issued directions to the competent Authority. Keeping those ...
Army Public School through its Principal Vs. Ramdhan Sharma
Court: Madhya Pradesh
Decided on: Jul-23-2014
1. This petition filed under Article 227 of the Constitution challenges the order dated 31.5.2012 whereby application for amendment preferred by the petitioner/employer is rejected by the Labour Court. 2. The services of the respondent were terminated by the petitioner Army Public School. The respondent raised an industrial dispute which, in turn, was referred to the Labour Court by the State Government. The respondent filed its statement of claim before the Labour Court. In turn, the employer filed his written statement. Thereafter, when matter was at the stage of evidence, the employer filed an application under Order 6 Rule 17 CPC (Annexure P-8) on 25.12.2011. It was opposed by workman by filing reply. By impugned order, the said application is rejected. 3. The Labour Court rejected the application by holding that the amendment is filed after commencement of trial and, therefore, it cannot be allowed. It is further held that if averments of amendment application are accepted, it wil...
Taj Khan @ Tajju and Others Vs. The State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jul-23-2014
At the request of learned counsel for the parties heard them finally. The applicants have moved a petition under Section 482 of Cr.P.C to quash the proceedings of Criminal Case No.1821/2013 pending before the JMFC, Harda on the basis of the charge sheet filed in Crime No.215/2013 registered at Police Station Chhipawad, District Harda. The prosecution case, in short, is that on 19.9.2013 the complainant Bhajanlal had lodged an FIR that his cow was sent for grazing but, it did not come back in the night. On 19.9.2013, at about 8.00 a.m Sandeep and Narmadesh Mishra informed the applicant that his cow entered in the field of Tajju Khan and therefore, the applicant Munna Korku assaulted the cow by a stick, due to that it expired. Thereafter, the applicants took the body of the cow in the tractor-trolley of the applicant Tajju Khan and threw it in a nala. Before that skin of the cow was removed. The complainant went to the spot, saw his cow and thereafter, lodged an FIR. The Police registere...
Manish Jaiswal and Another Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Jul-23-2014
Alok Aradhe, J. 1. In this bunch of writ petitions, since common questions of law and facts are involved, they were heard analogously and are being decided by this common order. The issues which arise for determination are: (i) whether the concessionaire can be permitted to collect the toll from the users without completion of 75% of the total length of the Rau-Mhow-Mandleshwar road on the basis of provisional certificate issued by an independent engineer; (ii) whether the toll plaza has been set up contrary to the express provisions of the concession agreement executed between the respondents; (iii) whether the petitioners in W.P. No.4841/2014 are entitled to seek exemption from payment of toll in respect of school buses plied by them on the ground that the same are being used for non-commercial purposes; and (iv) whether there is any element of public interest involved in these writ petitions. In order to answer the issues involved in the writ petitions, few facts need mention, which...
Manoj Jain Vs. Smt. Suman Goyal
Court: Madhya Pradesh
Decided on: Jul-22-2014
Rohit Arya, J: 1. By this petition under Article 227 of the Constitution of India defendant has challenged the legality, validity and propriety of the impugned order dated 13/03/2013 passed in civil suit No.32A/2011 by II Additional District Judge, Guna. By the aforesaid order, plaintiff's applications under Order VI Rule 17 and Order VII Rule 14 (3) Civil Procedure Code have been allowed. Plaintiff filed a suit for declaration, recovery of possession and mesne profit inter alia contending that the suit land admeasuring 0.230 hectare falling in survey No.20/1 situated in village Chhawani, Patwari Halka No.76, Tahsil and District Guna was purchased by the plaintiff (hereinafter referred to as 'the suit land'). Out of the aforesaid suit land, 0.139 hectare was transferred through various registered sale deeds and, therefore, plaintiff claimed to be owner to the extent of 0.091 hectare and in the map attached with the plaint in respect of the suit land marked in "green colour". Defendant ...
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