Madhya Pradesh Court January 2015 Judgments
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Narayan Singh Lodhi Vs. Amar Singh Rajput and Others
Court: Madhya Pradesh
Decided on: Jan-20-2015
1. The petitioner has called in question the order dated 16.7.2014, passed in Election Petition by the Sub Divisional Officer, prescribed authority under the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the Act for brevity), Banda, District Sagar, holding the election of the petitioner as null and void, in these proceedings under Article 226 of the Constitution of India. Mainly, it is contended by the petitioner that in the Panchayat election held for the post of Sarpanch of the Gram Panchayat, Hanouta, the petitioner was declared elected. There was sufficient margin of the votes. The defeated candidate, the respondent No.1, approached the Election Tribunal by filing an Election Petition, under the provisions of Section 122 of the Act, alleging that the petitioner was involved in the corrupt practices on account of which he has secured more votes than the election petitioner. It was alleged that the petitioner has entered into an agreement between some of ...
Arun Yadav and Others Vs. MP Rajya Nirvachan Ayog and Others
Court: Madhya Pradesh
Decided on: Jan-19-2015
Rajendra Menon, J. 1. As common questions are involved in these three petitions are with regard to conducting elections to the Panchayats, all these petitions are being heard analogously. For the sake of convenience, pleadings and documents available in the record of Writ Petition No. 22/2015 are being referred to in this order. 2. Challenging the Notifications - Annexures P/1, P/3 and P/4 dated 15.12.2014, 20.12.2014 and 24.12.2014, issued by the MP State Election Commission in the matter of conducting elections to the Gram Panchayat, Janpad Panchayat and Zila Panchayat in the State of Madhya Pradesh in three phases, on various dates as are indicated therein, all these writ petitions have been filed. 3. During the course of hearing of the matter, the only grievance pointed out by learned counsel for the petitioners were with regard to counting of votes for the elections to the Zila Panchayat that has been held on 13.1.2015. It is the case of the petitioners that initially the election...
Hem Singh Kushwah Vs. Govt. of India and Another
Court: Madhya Pradesh
Decided on: Jan-16-2015
By this writ petition under Article 227 of the Constitution of India challenge is made to the award passed by the Central Government Industrial Tribunal Cum Labour Court dated 19/6/2014. Following reference was made to the Tribunal by the Central Government in exercise of power under Section 10 of the Industrial Disputes Act, 1947:- Whether the action of the management of Navodaya Vidhyalaya Samiti in terminating the services of Shri Hem Singh Kushwah w.e.f. October, 98 is legal and justified? If not, to what relief the workman is entitled? The Tribunal after allowing the workman to file statement of claim and to non-applicant the written statement, framed three issues: (i) Whether the second party is a industry within the meaning of Section 2(j) of the Act? (ii) Whether the action of respondent-management terminating the services of petitioner w.e.f. October, 1998 was legal? (iii) If not, to what relief the workman is entitled to? The Tribunal has held that respondent-management fal...
Mamta Bhardwaj Vs. Madhusudan Bhardwaj
Court: Madhya Pradesh
Decided on: Jan-16-2015
M.C. Garg, J. 1. This order shall dispose of this first appeal preferred by the appellant-Mamta Bhardwaj (wife) against her husband-Madhusudan Bhardwaj assailing the order passed by the Family Court under Section 19(1) of the Family Court Act whereby, the Principal Judge of the Family Court, Gwalior in Case No.117A/07 under Hindu Marriage Act filed by the respondent-Madhusudan Bhardwaj (hereinafter referred to as the "husband"), seeking dissolution of his marriage with the appellant decreed the same in favour of the respondent-husband and passed a decree dated 28th June 2013 dissolving the marriage between the parties by means of a decree of divorce. 2. According to the appellant, the judgment of the lower Court is not sustainable for the reasons that the appellant has failed to prove allegations on merit. His witnesses have not supported his case. There are number of contradictions in their statement. The main allegation made against his sister having illicit relationship with the res...
Shobha Shinde Vs. Shusheela Bai (dead), through LRs.and Others
Court: Madhya Pradesh
Decided on: Jan-14-2015
1. This appeal by objector under Section 100 CPC is preferred against the concurring order dated 10/2/2005 in miscellaneous appeal No.49/2004 confirming the order dated 25/10/2004 in case No.2A/90X04. The appellant/objector's objection under Order XXI Rule 97 and 104 and 105 CPC has been rejected. 2. The relevant facts necessary for disposal of this appeal are to the effect that respondent no.1-Smt. Shushilabai had filed a suit for eviction of tenant/respondent no.2-Ghanshyam s/o Parsadi and respondent no.3/sub-tenant-Sampatrao as landlady/owner of the suit premises on 25/4/1989. Tenancy started from 1/5/1986 between Smt. Shushila and Ganshyam, who unauthorizedly had sublet the same to respondent no.3. On notice, both respondents/ defendants appeared and resisted the suit for eviction. Parties led evidence. The trial court on proper evaluation of the evidence on record, decreed the suit under Section 12 (1) (a), (b) and (c) of the M.P. Accommodation Control Act on 9/11/2000 holding int...
Dr. S.K. Saxena and Another Vs. State of Madhya Pradesh and Another
Court: Madhya Pradesh
Decided on: Jan-14-2015
1. This writ petition under Article 226 of the Constitution of India is filed by the petitioners, two in number, working on the post of Surgical Specialist challenging the validity of the order dated 18.07.2007 (Annexure P-19) as also bringing the anomaly in the matter of grant of appropriate pay scale to the post of Surgical Specialist on account of passing an order of granting and conferring on them the senior scale and selection grade pay scale. By amending the relief, the petitioners have also called in question the order dated 30.07.1998/06.08.1998 (Annexure P-20). Mainly the following reliefs were claimed by the petitioners : "I. to issue a Writ of mandamus or such other appropriate writ, directing respondents to implement the recommendations of Singh Deo Committee, by amending the Recruitment Rule "Madhya Pradesh Public Health and Family Welfare (Gazetted) Service Recruitment Rules, 1988, by inserting higher pay scale as per direction of respondent No.1. II. to direct respondent...
Sangeeta Bansal Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Jan-14-2015
Heard counsel for the parties. This appeal takes exception to the decision rendered by the learned Single Judge dated 20th December, 2014 in Writ Petition No.14819/2014. The learned Single Judge has rejected the argument of the appellant that for reckoning the number of three-fourth of the elected Councillors, referred to in the first proviso to Section 47(1) of the Madhya Pradesh Municipalities Act, 1961 (hereinafter referred to as the Act of 1961 ), the person holding the post of President, should also be taken into consideration, being elected Member of the Council. The learned Single Judge has examined this challenge in extenso with reference to the provisions contained in the Act of 1961 as also reported decisions pressed into service by both the parties including the decision in the case of Laxmi Narayan Garg vs. Municipal Council Sardarpur and others ((1997) JLJ SN 63). The learned Single Judge has distinguished the exposition in the case of Laxmi Narayan Gargas can be discerned...
Confederation of Real Estate Developers Association of India (CREDAI) ...
Court: Madhya Pradesh
Decided on: Jan-13-2015
Shantanu Kemkar, J. 1. This common order will govern disposal of all the above mentioned writ petitions together as in all these writ petitions, the challenge is made to the vires of the order / circular dated 24.09.2012 issued by the State Government as also the permanent order No.18/2012 issued by the Bhopal Municipal Corporation (for short, the Municipal Corporation) whereby they have imposed 'Narmada Tax' as a pre-condition for grant of sanction for raising construction of building. For the sake of convenience, we shall narrate the facts of Writ Petition No.1175/2013. 2. The petitioner - a company registered under the provisions of Companies Act, 1956 is an association of the Private Colonizers and Real Estate Developers. It has challenged the constitutionality and vires of the Order/ Circular dated 24.09.2012 issued by the State Government by which the State has approved the resolution dated 30.03.2012 passed by the Municipal Corporation resolving to impose 'Narmada Tax' to be pai...
Kayum Khan Vs. Executive Engineer M.P. Grah Nirman Mandal
Court: Madhya Pradesh
Decided on: Jan-13-2015
1. This petition under Article 227 of Constitution of India assails the impugned award dated 06.10.2008 and 22.02.2010 (Annexure P-1 and P-2) passed by the Labour Court, Gwalior, whereby, the dispute as regards illegal termination of the petitioner-workman and is entitlement to relief, has been rejected on the ground that the petitioner-workman is failed to establish that he worked for atleast 240 days in a calender year preceding his termination. 2. Learned counsel for the petitioner is heard. 3. Learned counsel for the petitioner-workman has invited the attention of this Court to the order of termination of the petitioner-workman dated 29.02.2000 (Ex. D-1) which in its first paragraph mentioned that the petitioner-workman has completed the tenure of 7 years and 3 months as muster role employee and, therefore, it is contended that the finding of the Labour court of petitioner-workman not having completed 240 days is perverse. 4. It is further found from perusal of the original record ...
Kamar Mohammad Khan Vs. Nawab Mansoor Ali Khan Pataudi and Others
Court: Madhya Pradesh
Decided on: Jan-13-2015
C.V. Sirpurkar, J. 1. This civil revision under Section 115 of the Code of Civil Procedure, 1908 has been preferred challenging the legality, propriety and correctness of order dated 18/10/2014 passed by the 13th Civil Judge Class-I, Bhopal in M.J.C. No. 10/2011, whereby learned court below had rejected an application under Order 19 Rule 2 of the Code of Civil Procedure for permission to cross-examine respondent No. 1 (a). 2. The facts giving rise to this civil revision may be summarized thus: The applicant and respondent No.2, who are real brother and sister, jointly filed Regular Civil Suit No. 585/2006 against respondent Nos. 1, 3 and 4, for declaration and permanent injunction in respect of the suit land. Civil Suit No. 585/2006 was decreed in favour of the applicant and respondent No.2 on 28/07/2006. About 4 years after the judgment and decree, the deceased/respondent No.1 filed an application under Order 9 Rule 13 of the Code of Civil Procedure through his power of attorney holde...
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