Madhya Pradesh Court August 2014 Judgments
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Pravesh Kumar Shrivastava and Others Vs. State of MP and Others
Court: Madhya Pradesh
Decided on: Aug-04-2014
1. Since these petitions are arising out of similar ordersq and involving similar facts, on the joint request of the parties, matters are analogously heard and decided by this common order. 2. The facts are taken from Writ Petition No. 5535/2012: This petition is filed under Article 226 of the Constitution, challenging the order of Deputy Registrar, Cooperative Societies, dated 14.6.2012, whereby the petitioners' appointment is declared as void. The petitioners were appointed by resolution dated 21.2.2010 by Board of Directors of respondent No.3-society. Copy of this resolution is filed as Annexure P-2. It is contended that the procedure to appoint staff in the society is laid down in the order dated 13.8.2002, Annexure P/3. As per this order, the appointment has to be made by a committee comprising of - (i) President of the society (ii) Representative of Deputy/Assistant Registrar of the District (iii) Representative of the Manager, District Central Cooperative Bank. 3. Shri Vivek Jai...
Nagrik Sahkari Bank Maryadit Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-04-2014
S.K. Gangele, J: 1. The question for consideration in this Writ Appeal before this court is that whether in view of Section 35 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the "SARFAESI Act"), the Registrar can entertain a dispute under Section 64 of M.P. Co-operative Societies Act, 1960 (hereinafter referred to the "Act of 1960") in regard to recovery of loan advanced to a member by the Cooperative Bank. 2. The appellant, a Co-operative Bank registered under the provisions of the Act of 1960, granted facility of over draft to the respondent No. 3. Subsequently, the account was transferred as cash credit account. The respondent No. 3 did not pay the amount as received by him from the appellant bank as cash credit, hence, the appellant bank initiated proceeding under the provisions of the SARFAESI Act. A notice under Section 13(2) of the SARFAESI Act was issued to the respondent No. 3. Respondent ...
Ultratech Cement Limited Vs. State of Madhya Pradesh and Others
Court: Madhya Pradesh
Decided on: Aug-04-2014
Alok Aradhe, J: 1. In this writ petition under Article 226 of the Constitution of India the petitioner, inter alia, seeks quashment of orders dated 16.9.2008 and 14.6.2011 passed by the State Government and Central Government respectively. The petitioner also seeks a writ of mandamus for directing the State Government to grant mining lease over the area in question to the petitioner. The petitioner has also prayed for an alternative relief by way of writ of mandamus seeking a direction to the respondents to re-hear and decide the various applications for grant of mining lease over the area in question. 2. The facts leading to filing of the writ petition lie in a narrow compass. On 02.3.2007 the State Government issued a notification inviting applications for grant of mining lease in respect of an area admeasuring 2451.754 hectares situated in various villages in district Satna. In the aforesaid notification it was mentioned that preference will be given to the applicants who are willin...
Shankar Kumar Thakurta Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Aug-04-2014
1. By this common order Criminal Revision Nos. 284/2014 and 619/2014 are being disposed of, as the both arise from the same impugned order passed by the learned First Additional Sessions Judge Anuppur in S.T. No. 75/2010 on 27/01/2014. 2. The relevant facts for disposal of this appeal are that the accused Sujit Mishra filed an application under section 319 (1) and 190 of the Code of Criminal Procedure, before the learned Additional Sessions Judge praying thereby to summon Dilip Jagwani and Bikki Jagwani as accused in the case, The Session trial before the learned Additional Sessions Judge was related to the land survey No. 58/3 (ka) area 0.57 acre, village Samatpur, District Anuppur. It was alleged that by a forged document, said land was sold by one Nirmala Goyanka to Shanti Jagwani and Leela Jagwani. In the documents Dilip Jagwani and Bikki Jagwani signed as attesting witness. Learned Additional Sessions Judge placing the reliance on the judgment of Hon ble Supreme Court in the case ...
Narayan Singh Boudh Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Aug-04-2014
Heard Present revision under Section 397 of the Code of Criminal Procedure has been preferred by the petitioner against the order dated 30.12.2013 passed by the Judicial Magistrate First Class, Bhander, District Datia (M.P.) in Criminal Case No.591/2013. Prosecution case, in nutshell, is that on receipt of information from the informant, Town Inspector, Bhander, alongwith police force searched at in front of the house of one Bhanu Prakash where he was told that the workers of BSP were distributing currency notes to the voters. Thereafter, the petitioner, Bhanuprakash Rajpoot and Punjab Singh Parihar were intercepted who were sitting at the house of Bhanuprakash and six cheques were found there at the wooden bed (takhat). When they were specifically enquired about the cheques, they failed to explain. Then these three persons were arrested and those cheques were seized. After recording statements, charge-sheet was filed in the court of JMFC, Bhander under Sections 171(b) and 188 of IPC. ...
State of M.P. and Another Vs. Dr. Samar Bahadur Singh
Court: Madhya Pradesh
Decided on: Aug-01-2014
Shantanu Kemkar, J. 1. This intra court appeal under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, is directed against the order dated 11-3-2014 passed by learned Single judge of this Court in Writ Petition No. 1066/2014 (S). 2. Brief facts necessary for disposal of the writ appeal may be stated, as under:- The Respondent herein is holding a substantive post of Assistant Professor in the Higher Education Department of the State Government Undisputedly, he is on deputation since 11-8-2000. Earlier, he was sent on deputation to Urban Administration Department, and thereafter, he was sent on deputation to the School Education Department. As his order of deputation was coming to an end on 16th July, 2013, the Higher Education Department (Parent Department ) extended his period of deputation for two years vide order dated 28-2-2013. Thereafter, vide order dated 3-10-2013 passed by the School Education Department (Borrowing Department), the...
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