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Madhya Pradesh Court July 2014 Judgments

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Jul 10 2014

Rakesh Vs. Pholan Devi

Court: Madhya Pradesh

Decided on: Jul-10-2014

This is an appeal under Section 28 of Hindu Marriage Act, 1955 filed by the unsuccessful appellant/husband against the judgment and decree dated 30.10.2014 by Additional District Judge Lahar in HMA Case No.4/2002. It was not disputed that the appellant married to the respondent in June, 1999 according to the Hindu rites and a girl child is born due to this wedlock. The appellant husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 against the respondent/wife alleging cruelty and desertion. It is alleged that after the marriage, the respondent/wife lived with the appellant for two months and she was pressurizing the appellant to live separately from his family. The appellant not having sufficient means except joint property of 7 bigha cultivating land, refused to live separately. The respondent then declined to do the domestic work and her behaviour changed. She often abused the appellant's parents. Thinking that things will change after the birth of the child, the ...


Jul 10 2014

Chief Municipal Officer Vs. Mahila Munni Devi and Others

Court: Madhya Pradesh

Decided on: Jul-10-2014

1. Heard on I.A. No. 4630/2013, an application for condonation of delay. 2. There is delay of seven years and 84 days in filing the present review petition. 3. It is pleaded in the application for condonation of delay that an application for compromise was filed on behalf of Municipal Council, however, no permission was taken from the Council in regard to compromise, hence, the Council was not aware about the fact of compromise. The President and CMO of the Council were hand in gloves, they did not inform the Council about the judgment. After seven years, contempt proceedings were initiated and the contempt case was registered as Cont. Case No.497/2013. Thereafter, notices were issued. Council received notice on 27.8.2013, then it came to the knowledge of the Council. Thereafter, certified copy of the judgment was obtained and review petition has been filed. 4. In the present case, there was no permission to enter into compromise by the Municipal Council. Apart from this, by way of com...


Jul 09 2014

Noorbaksh Khan Vs. Salim Khan and Others

Court: Madhya Pradesh

Decided on: Jul-09-2014

Rohit Arya, J. 1. This appeal under section 100 CPC by the plaintiff is directed against the concurring judgment and decree dated 29/06/2012 passed in civil appeal No.14A/2011 (old No.4A/2009) by II Additional District Judge (Fast Track Court), MUngawali, District Ashok Nagar affirming the judgment and decree passed by the trial Court dated 04/05/2009 in civil suit No.4A/2008, plaintiff's suit for declaration and permanent injunction has been dismissed. 2. Facts necessary for disposal of the appeal in narrow compass are to the effect that plaintiff, defendants No.1, 2 and 3 are real brothers and defendant No.4 is real sister of these persons. There was another sister who had died on 16/03/1999. Plaintiff and defendants are sons and daughter of late Noor Mohammad . Noor Mohammad died on 03/03/1988 and his wife, Gulshanbi died on 15/11/1996. The suit property is an agricultural land falling in survey No.52 area 0.408 hectare village Kasba Range Mungawali (hereinafter referred to as 'the ...


Jul 09 2014

Yuva Vyavasayik Shikshan Sansthan Vs. National Council for Teacher Edu ...

Court: Madhya Pradesh

Decided on: Jul-09-2014

The petitioner has filed this petition against the order dt.22.11.2013 (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.P.Ed. Course for intake of 30 students. Vide impugned order dt.22.11.2013 (Annexure P/1), recognition in regard to additional intake granted earlier to the petitioner for conducting M.P.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 addi...


Jul 08 2014

Satendra Sharma Vs. The State of M.P.

Court: Madhya Pradesh

Decided on: Jul-08-2014

(1) This is first application which has been preferred under Section 438 of the Code of Criminal Procedure on behalf of applicant Satendra who is aged 17 years. He claims himself to be juvenile. (2) Case diary has been perused. Applicant is apprehending his arrest in connection with Crime No.75/2014 registered at Police Station Mau, District Bhind for the offence punishable 2 Mcrc.4183.2014 Satendra Sharma Vs. The State of M.P. under Sections 294, 302, 34 of IPC. (3) As per the prosecution case, incident occurred on 24.02.2014 between 11 am to 12 noon when the work of maintenance of public road was going on at village Padaria and the same was opposed by Naval Sharma and Gurali Sharma by saying that the land was belonging to them. In the noon, Ashok was trying to stop them by saying that do not oppose. Thereafter, Ashok was beaten by Anand S/o Kalyan, Satendra, Bheekaram, Naval and Gurali on account of which Ashok fell down on the ground and died on the spot. FIR was lodged by Ramsharan...


Jul 08 2014

Mamta Vs. Rajesh

Court: Madhya Pradesh

Decided on: Jul-08-2014

Aggrieved by the judgment and order dated 26.02.2010 passed by District Judge, Ashok Nagar, in HMA Case No.23-A/2009 Rajesh Vs. Mamta , the non-applicant/appellant has filed this appeal under Section 28 of the Hindu Marriage Act, 1955. The learned District Judge has allowed the application for restitution of conjugal rights and directed the appellant/wife to join the respondent at her matrimonial home and discharge her obligations as married wife. It is not disputed that the marriage of the respondent was ceremonized with the appellant according to Hindu rites at village Sironj, District Vidisha in a Samuhik Vivah Sammelan (common Marriage Plat form). Brief facts unfolded before the Trial Court is that the respondent/husband filed an application for restitution of conjugal rights on the ground that after the marriage, the appellant had gone to the matrimonial home thrice but the relation between them was not good. She had been pressurizing the respondent to sell out his share of land a...


Jul 02 2014

Dr. Alok Mehta Vs. The State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-02-2014

Heard counsel for the parties.This application is under section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail in connection with offence registered as Crime No.14/2013 for offence punishable under sections 409, 420, 120-B I.P.C. read with sections 3(g), 1, 2 and 4 of M.P. Recognised Examination Act, 1937.Indeed, the applicant has not been named as accused in the FIR as originally registered. However, during the investigation it came to the notice of the Investigating Agency that the son of the applicant Dr.Ayush Mehta had appeared in the Pre P.G. Examination, 2012, and passed out that examination by resorting to illegality and corrupt means with the help of Middleman and others on payment of Rs.75 Lacs. The argument of the applicant is that there is no material against him on the basis of which he can be arrested. It is further submitted that the applicant apprehends that the Investigating Officer will arrest him out of vendetta and for that reason has app...


Jul 02 2014

Rakesh Kumar Dubey Vs. The State Of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-02-2014

(1) Present revision has been preferred by the 2 Crr.345/2014 (Rakesh Kumar Dubey Vs. State of M.P.) petitioner under Section 397/401 of the Code of Criminal Procedure (in short Cr.P.C.) assailing the order of the committal passed by the Judicial Magistrate First Class, Dabra, district Gwalior in exercise of powers under Section 209 of Cr.P.C. in a Criminal Case No.904/2006 on dated 10/4/2014. (2) As per prosecution story, one written complaint was filed on 5/8/1993 to the Director General of Police, Bhopal stating therein that Umadevi s/o Rakesh Kumar Dwivedi had executed one forged and fabricated Will dated 5/1/1993 in respect to the property situated at Dabra which was under the ownership of Keshav Dayal Sharma. This Will was executed by Umadevi who is daughter-in-law of said Keshav Dayal Sharma. On the date of execution of the aforesaid Will, Keshav Dayal was stated to be ill and under treatment and the Will was allegedly executed with the help of other co-accused, namely, Shivshan...


Jul 01 2014

Ravi Prakash Bhargava and Others Vs. State of M.P. and Others

Court: Madhya Pradesh

Decided on: Jul-01-2014

S.K. Gangele, J. 1. The appellants have filed these appeals against the common order dt.14.5.2013 passed in W.P.Nos.4897/2012 and 587/2012. 2. The question for consideration in these writ appeals is that whether the certificate issued by the Chhattisgarh University, Raipur or Dr.C.V.Raman University, Bilaspur is valid or not. 3. M.P. Professional Examination Board initiated process for recruitment to the post of Patwari and the examination was conducted in this regard in the year 2008. The appellants-candidates appeared in the examination. They passed the written examination. One of the necessary qualification for appointment to the post of Patwari is Diploma or Post Graduate Diploma in Computer Application. At the time of counseling, the appellants-candidates did not submit Diploma Certificate obtained by them from Chhattisgarh University, Raipur or Dr.C.V.Raman University Bilaspur. Subsequently they submitted Diploma Certificate. The aforesaid qualification, as pleaded by the appella...


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