Madhya Pradesh Court January 2015 Judgments
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Swami Vivekanand College of Science and Technology Vs. All India Counc ...
Court: Madhya Pradesh
Decided on: Jan-13-2015
Rajendra Menon, J. 1. Challenging the communication dated 18.6.2014 passed by the All India Council for Technical Education withholding the extension of approval granted to the petitioner/ Institute for the academic session 2014-15, this writ petition has been filed. 2. With regard to grant of extension of approval and calling in question certain action taken by the All India Council for Technical Education (hereinafter referred to as 'AICTE') in refusing the EOA for the academic session 2012-13 and again 2013-14, the matter came to this Court in W.P.No.2074/2014 and by a detailed order passed by this Court on 13.5.2014, this Court directed for granting EOA for the academic session 2012-13 and 2013-14 for various reasons as are incorporated in the order passed on 13.5.2014. However, for the academic session 2014-15 for grant of EOA, liberty was granted to the AICTE to conduct inspection and proceed in accordance with the statutory rules and regulations. 3. In pursuance to the aforesaid...
Pawan Arora Vs. State of M.P.
Court: Madhya Pradesh
Decided on: Jan-12-2015
Rohit Arya, J. 1. As common questions involved in W.P.Nos., 8077/14, 8152/14, 154/15, 156./15, 158/15, 160/15 and 162/15, they are heard together and decided by this common order. However, for the sake of convenience facts in W.P.No.8077/14 have been dealt with. 2. By this petition under Article 226 of the Constitution of India, petitioner a citizen of India and a stage carriage operator has questioned legality, validity and propriety of impugned condition in the notice dated 15/12/2014 (Annexure P/1) passed by the respondent No.2, Secretary, State Transport Authority, M.P., Gwalior [in the purported compliance of order dated 26/11/2014 in W.P.No.8678/13 (PIL), Kashmirilal Vs. State of M.P., and others] by a Division Bench of this Court, particularly condition No.3 whereunder an applicant aspiring for grant of permanent permit as stage carriage operator is required to submit the documents on a cut off date in respect of the pending applications for consideration of the application fixe...
Ashok Goyal Vs. The State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-12-2015
This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. The applicant is in custody since 18.9.2014 in connection with Crime No. 372/2014 registered at P.S. Nishatpura, District Bhopal for the offences punishable under Sections 420, 120-B read with Section 34 of the IPC. As per prosecution, it is alleged against the applicant that he being the President and owner of Panchsewa Grih Nirman Sahkari Sanstha Maryadit entered into a joint venture agreement with Niho Constructions Company to develop and sell the Duplexes to be constructed on the said land. It is further alleged that the Niho Construction Company had deposited money for construction of houses from different persons but did not construct the houses, in this way they deceived the complainants and other persons. The allegation against the applicant is that he being the partner in joint venture agreement, is involved in the conspiracy to deceive the complainants and other persons. L...
Chandrakant @ Chandu Raghuwanshi Vs. The State Of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-09-2015
Heard counsel for the parties. These applications can be disposed of together by common order. Inasmuch as, the same pertain to accused Chandrakant @ Chandu, who has been named as accused in two separate criminal cases registered as Crime Nos.16/2013 and 18/2013 by the S.T.F. Police Station Bhopal - commonly known as VYAPAM examination scam cases - for the offences punishable under Sections 420, 467, 468, 471 and 120-B of I.P.C., Sections 65 and 66 of the Information and Technology Act and also under Section 3 (D) 1 and 2/4 of the Madhya Pradesh Manyata Prapt Pariksha Adhiniyam, 1937. In Crime No.16/2013, according to the prosecution, the applicant helped two candidates - Rajesh Raghuwanshi and Vineet Choudhary to commit unfair means during the examination conducted by the VYAPAM by taking assistance of one Tarang Sharma, who in turn, was working in coordination with Santosh Gupta and Dilip Gupta - the racketeers. These three persons are stated to be the racketeers and principal offend...
M/s. Dilip Buildcon Pvt. Ltd. Vs. Principal Secretary
Court: Madhya Pradesh
Decided on: Jan-09-2015
As similar issue arises in the connected Arbitration Cases the order passed here will be applicable to other cases and shall govern the disposal of the same. Contending inter alia that in the execution of an agreement for construction/upgradation and maintenance of rural road certain disputes have arisen, the petitioner Contractor has filed this application under Section 11 (5) and 6 of Arbitration and Conciliation Act, 1996 for appointment of Arbitrator and resolving of dispute by said Arbitrator. Learned counsel appearing for the respondents however, has raised an objection as to maintainability of said application under 1996 Act on the ground that under the agreement there exists an Arbitration Clause and being a Works Contract the remedy for resolving the dispute lies with the Arbitration Tribunal constituted under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983. It is further submitted that while invoking Clause 24.1 of the contract agreement, the petitioner had approache...
Raghuvir Singh and Others Vs. Hargovind and Others
Court: Madhya Pradesh
Decided on: Jan-07-2015
M.C. Garg, J. (1) The appellant/defendant has filed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 24.7.2000 passed by Additional District Judge Sabalgarh District Morena in Civil Appeal No.9A of 1991 reversing the judgment and decree dated 11.1.1991 passed by Civil Judge Class 2, Sabalgarh District Morena in Civil Suit No.23A of 1987 whereby, the suit filed by the plaintiffs/respondents for declaration of title and permanent injunction was dismissed and the counter claim filed by the defendants/appellants was decreed. (2) Against this judgment of the lower court, the plaintiffs/respondents filed first appeal. The first appellate court after noting controversy involved in the matter in the form of the issues framed by lower court and the decision given thereupon has mentioned in para 8 of the judgment in the following words: ( Language ) (3) Resolving the controversy with respect to the issues no.1 and 2, the first appellat...
Dhano Bai Parihar (Khangar) Vs. The State of Madhya Pradesh and Others
Court: Madhya Pradesh
Decided on: Jan-07-2015
1. This petition under Article 226 of the Constitution of India has been filed aggrieved by the deletion of the name of the petitioner from voter list prepared in the ensuing Panchayat elections. 2. Learned counsel for the rival parties are heard on the question of admission. 3. Learned counsel for the petitioner submits that in the voter list of village Charai Shyampur, Tehsil Ghatigaon, District Gwalior prepared under Rule 9 and published under Rule 10 of the M.P. Panchayat Nirvachan Niyam, 1995 (1995 Niyam for brevity), the name of the petitioner was mentioned at serial no. 299. it is his contention that by order passed by Registration Officer on 23.10.2014 the name of the petitioner was deleted from the voter list by invoking provisions of Rule 11 and 12 (1) of 1995 Niyam. Thereafter it is submitted that petitioner preferred an appeal under Rule 125 of 1995 Niyam within the prescribed period of five days before the appellate authority who is stated to be sitting over this appeal an...
Shambhudayal and Others Vs. State of M.P. and Others
Court: Madhya Pradesh
Decided on: Jan-06-2015
Sushil Kumar Gupta, J. 1. The judgment passed in this appeal shall also govern the disposal of connected Criminal Appeal No.300/2000 (State of M.P. Vs. Shambhudayal and another) and Criminal Revision No.711/2004 (Mahavir Prasad Vs. State of M.P. and another) since they have arisen from the same incident. 2. Criminal appeal No.13/2000 has been filed by the appellants under Section 374 of the Code of Criminal Procedure, 1973 (for brevity 'the code of 1973') being aggrieved with the judgment of conviction and order of sentence dated 20.12.99 passed by the Ist ASJ, Bhind, in S.T.No.63/99 convicting the appellants under Section 498-A of the Indian Penal Code, 1860 (for brevity 'the code of 1860') and sentencing them to undergo 3 years R.I. with fine of Rs.3,000/- and Criminal Appeal No.300/2000 has been filed by the State of Madhya Pradesh under Section 378 of the code of 1973 after taking leave of this Court against the same judgment acquitting accused-Shambhudayal and Ashok Kumar of the c...
Mabel Harry (dead) and Another Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-06-2015
N.K. Gupta,J: 1. The appellants have preferred the present appeal being aggrieved with the judgment dated 3.1.2005 passed by the First Additional Sessions Judge, Hoshangabad in ST No.44/2003 whereby they have been convicted of the offences under Section 302/34 and Section 324/34 of IPC and sentenced to life imprisonment. No separate sentence was passed for the offence under Section 324 of IPC. 2. The prosecution's case, in short, is that on 4.8.2002 at about 9:00 PM, victim Gladvin along with his son deceased Gadvin and daughter-in-law Monika (PW-2) was present in his house situated at Deshbanhupura (Police Station Itarsi District Hoshangabad). At about 9:15 PM two patients had knocked the door of victim Gladvin and asked about the address of appellant No.l Mabel Harry. Victim Gladvin gave the address of appellant No.l to those patients. However, after a few minutes, appellant No.l visited the house of victim Gladvin and started quarrelling on the pretext that the complainant had prohi...
Afsar Khan and Another Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Jan-06-2015
N.K. Gupta,J. 1. Both the criminal appeals which have been filed against the common judgment dated 10.4.1997 passed by the Additional Sessions Judge, Begumganj District Raisen in ST No.72/1992, are being disposed off by the present judgment. 2. The appellants have preferred these appeals against the aforesaid judgment whereby each of them have been convicted for an offence under Section 302 read with Section 34 of IPC and sentenced to life imprisonment with fine of Rs.1,000/-. The default sentence of 4 months' simple imprisonment was also inflicted in lieu of payment of fine. 3. The prosecution's case, in short, is that on 20.9.1991 a dead body of Mushtaque Ahmed was found in the field of Satyanarayan Dubey at Village Kundali (Police Station Bamhori District Raisen). The dead body was decomposed, however it was sent for the postmortem. Dr. B.D.Khare (PW-9) performed the postmortem on the body of Mushtaque Ahmed at the Community Health Centre Bareli and gave his report Ex.P-5. He found ...
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