Madhya Pradesh Court August 2014 Judgments
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Indian Oil Corporation Ltd. Vs. Rahul Sahu
Court: Madhya Pradesh
Decided on: Aug-13-2014
They are heard. This Writ Appeal has been filed by the appellants / IOCL against the order dated 16/12/2013 passed by the Writ Court in Writ Petition No.6969/2013 allowing the writ petition filed by the respondent herein. Respondent Rahul Sahu submitted an application for allotment of Rajiv Gandhi LPG Dealership at Tyonda, District Vidisha under OPEN category. A draw was conducted on 10/4/2013 and the respondent was found eligible for the dealership. Consequently, Field Verification Committee verified the requirements in regard to suitable land for construction of godown in accordance with the terms of clauses 9 and 10 of the General Instructions to the Candidates applying for LPG Distributorship. During investigation, it was found that the land offered by the respondent of Survey No.148 for dealership was not proper as it was in the names of Prem Narayan, Munna Lal and Guddi Bai. The joint owners of the land did not submit their consent, hence, the land offered by the respondent was n...
Jagmohan and Another Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-12-2014
This revision has been preferred by the applicant under Section 397/401 of The Code of Criminal Procedure being aggrieved by the judgment dated 18-2-2014 passed by Additional Judge to the Court of I ASJ, Jhabua in Cr.A.No.16/14 whereby he affirmed the conviction and sentence dated 22-1-2014 passed by CJM, Jhabua in Cr. Case No. 2217/2013 awarded to the applicant as under:- Section 34(1) read with Section 34(2) of M.P. Excise Actone year RI with fine of Rs.25000/-Section 36 of M.P Excise ActSix months RI with fine of Rs.1000/- 2. Brief facts of this case are that on 14-11-13 at about 8 a.m. Excise Sub-Inspector, Sajendra Mori intercepted a truck bearing registration No.HR-46-C-9756 near Toll Booth of Village Unnai Matapada Petlawad Road, which was going towards Thandla. The accused Jagmohan and Monu were driver and cleaner in that truck. On checking the Excise Sub-Inspector found that there was discrepancy in the number of the truck and in the Invoice-Cum-Delivery Challan. Therefore, th...
Dr. Vinod Bhandari Vs. The State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-11-2014
This is repeat bail application by the applicant/accused, who has been arrested for offences committed under Sections 420, 467, 468, 471, 120B of I.P.C. read with Section 3(d), 1, 2/4 of the Madhya Pradesh Manyata Prapt Pariksha Adhiniyam, 1937 and under Sections 65 and 66 of the I.T. Act by the Police of S.T.F., Bhopal in Crime No.12/2013 and challan has been filed. The applicant was arrested on 30th January, 2014 and since then he is in jail. The first bail application was moved before the learned Additional Sessions Judge, Bhopal by the applicant, which was rejected on 05.02.2014. He moved an application before this Court being M.Cr.C. No.2189/2014 before the filing of challan, which application was withdrawn by him with liberty to file fresh bail application after filing of the challan before the Court below, vide order dated 19.03.2014. After making an application for grant of bail before the Court below since the said application was rejected vide order dated 09.05.2014, this app...
Lata Agrawal Vs. Indian Oil Corporation and Others
Court: Madhya Pradesh
Decided on: Aug-07-2014
Sujoy Paul, J: 1. This is second visit of the petitioner to this Court. By filing this petition under Article 226 of the Constitution, the petitioner has challenged the legality, validity and propriety of the order dated 21.05.2014, whereby petitioner's dealership is terminated by the respondents. 2. The facts necessary for adjudication of this matter are as under :- The respondents issued an advertisement dated 22.04.2011 inviting application with documents for the purpose of allotment of LPG dealership. The petitioner submitted his candidature for said dealership. In the selection process, the petitioner was selected and after due selection, he invested in construction of godown, office building and furniture etc. Copy of letter dated 15.03.2012 (Annexure P/4) is filed to show that LPG distributorship was offered to the petitioner. Shri N.S. Kirar, learned counsel for the petitioner submits that the petitioner submitted application and relevant documents which were duly verified and ...
Kuldeep Shrivastava and Another Vs. Ramesh Chandra
Court: Madhya Pradesh
Decided on: Aug-07-2014
B.D. Rathi, J. (1) As the grievance raised in the aforesaid two petitions is identical and same, heard together and disposed of by this common order. (2) Both the aforesaid petitions have been preferred by the petitioners/accused under Section 482 of Cr.P.C. having been aggrieved by an order dated 26/3/2008 passed in Criminal Case No.4233/06 by the Chief Judicial Magistrate, Morena as well as the order dated 3/7/2001 passed by the Sessions Judge, Morena in Criminal Revision No.98/01 while rejecting the order passed by C.J.M., Morena and remanding the matter back to the Magisterial court with a direction to register a case on private compliant of the respondent/complainant for offence under section 138 of the Negotiable Instruments Act (for short "NI Act") (3) For facility of reference, facts are being taken from Criminal Case No.4233/2006 (Ramesh Chand Vs. Sandeep Shrivastava), registered on private complaint. (4) As per the case of the complainant, on 1/6/2000 Sandeep Shrivasvata (pet...
Dharmendra Rawat and others Vs. Indira Gandhi National Open University ...
Court: Madhya Pradesh
Decided on: Aug-07-2014
S.K. Gangele, J: 1. The relief claimed by the petitioners in this petition is that they be permitted to appear in the examination of D.El.Ed. course conducted by the respondents No. 1 and 2. 2. Respondent No. 1, which is an open University, introduced a D.El.Ed. course having duration of two years. The petitioners pleaded that in accordance with the prospectus issued by the respondents No. 3, 4 and 5, the petitioners had taken admission in D.El.Ed. course, which is a two years course, in the year 2011. The petitioners paid the fees for examination in the year 2011. The respondents authorities issued enrollment numbers to the petitioners but the examination was not conducted in the year of 2011. The petitioners were further directed to pay second installment of fee and they paid the same before 15th May 2013. The University was authorised to issue examination Hall Tickets to the petitioners, however, the petitioners were not issued the Hall Tickets. The action of the respondents is ille...
Guddi Bai @ Sahodara Bai Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-07-2014
1. Per Justice S.K. Palo, Aggrieved by the judgment dated 16.03.2001 passed by the Sessions Judge, Vidisha in Sessions Trial No.106/2000, whereby the learned Trial Court convicted the appellant under Sections 302 of IPC and sentenced her to undergo life imprisonment and also imposed fine of Rs.1,000/-, the appellant has filed this appeal under Section 374 (2) of Code of Criminal Procedure, 1973. 2. It is not disputed that deceased Saroj was married to accused Prahlad Singh, 4-5 years prior to the incident and the accused appellant Guddi Bai is mother-in-law of the deceased. The learned Trial Court acquitted Prahlad Singh the husband of the deceased. 3. Necessary relevant facts are stated hereunder to Cr.A.No.199 of 2001 appreciate the case of the appellant and also to find out whether the appellant is entitled for the reliefs as prayed in this appeal. 4. On 27.05.2010, Smt. Saroj wife of accused Prahlad Singh aged about 25 years was brought to the District Hospital, Vidisha for treatme...
Teepa @ Surendra Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-06-2014
This Criminal Revision under Section 397 of the Code of Criminal Procedure, 1973 is directed against the impugned judgment dated 13-04-2009 passed by learned Additional Sessions Judge, Shivpuri in Criminal Appeal No.04/2009 affirming the judgment of conviction and sentence dated 08-12-2008 passed by learned Judicial Magistrate First Class, Shivpuri in Criminal Case No.1020/2008 whereby the petitioner has been convicted under Section 3/7 of Essential Commodities Act and sentenced to undergo 1 year's RI with fine of Rs.2,000/- with default stipulation. Brief facts in narrow compass are that on 14-09-2005 at about 7:40 pm, Station House Officer Police Station Dehat Shivpuri received an information that in the house of Ramesh Sharma there is illegal collection and sale of blue kerosene. On receiving this information, Station House Officer Police Station Dehat Shivpuri along with other police officials conducted a raid and since at the suspected shop lock was there, therefore, after prepari...
M/s. Anant Electricals and Others Vs. Bharat Sanchar Nigam Limited.
Court: Madhya Pradesh
Decided on: Aug-06-2014
Sujoy Paul, J: 1. Since these applications preferred under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Act) are arising out of same facts and circumstances, on the joint request of parties, the applications are analogously heard and decided by this common order. Facts are taken from AC. No. 17/2012. 2. The applicant entered into an agreement dated 24.1.2009 with the non-applicant for "Operation and Comprehensive maintenance of Electro-Mechanical Services for USOF Sites under Cluster No.37 District Shivpuri, No. of Sites-32". The agreement is placed on record as Annexure A-1. Shri Harish Dixit and Shri Pawan Dwivedi, learned counsel for the applicants submit that Clause 25 of General Conditions of Contract in Electrical Work provides for settlement of disputes and arbitration. The work of operation and maintenance was due for completion on 6.3.2010 and 26.5.2010 respectively. However, the applicant was required to work upto 31.8.2012. The timely payment on running bills...
Rajkumar Lodhi Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-05-2014
Heard. Shri Kushwaha submits that the order dated 8.7.2014 is bad in law and the matter is covered by the order passed in WP No.4194/2014 (Annexure P/6). The prayer is opposed by Smt. Pachauri, learned Deputy Government Advocate. I have heard learned counsel for the parties at length. The basic question involved in this matter is whether the qualification of B.Ed./D.Ed., obtained by the petitioner from Bhartiya Shiksha Parishad, can be treated as an essential qualification under the Rules. The bone of contention of the petitioner is that as per the statutory recruitment rules, there is no requirement that D.Ed. should be completed from an organization recognized by the NCTE. This Court on 4.8.2014 in WP No.4574/2014 considered this aspect in a similar matter and opined as under:- This petition is directed against the order dated 25.07.2014 whereby petitioners' services are terminated on the ground that their qualification (D.Ed.) is from an institution [Bhartiya Shiksha Parishad (U.P.)...
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