Court : Madhya Pradesh Jabalpur
Decided on : Jul-22-2010
1. In W.P. No. 7352/2007, prayer has been made for quashing order (P-4) dated 11.4.2007 passed by Principal Secretary, Department of Medical Education, Madhya Pradesh, Bhopal. Prayer has also been made to direct the respondents to permit the petitioner institution to practice and impart education in alternative system of Electro Homeopathy System of Medicine in accordance with law. Prayer has also been made to issue mandamus directing respondents State to formulate the rules and regulation as well as guidelines by bringing regulatory legislation for Electro-Homeopathy System as per direction of Delhi High Court passed in W.P. No. 4015 of 1996.2. In W.P. No. 2242/2007 prayer has been made to quash order dated 22.1.2007 and communications dated 6.2.2007 and 3.2.2007 issued by the respondents. Further prayer has been made to permit the petitioner institution/College established at Baihar, Balaghat to function and direct the respondents to grant registration to the petitioner institution.3...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Oct-21-2010
1. The appellant/defendant has directed this appeal under Section 100 of the CPC being aggrieved by the judgment and decree dated 16.4.2010 passed by Ist Additional District Judge Harda, in regular civil appeal No.1-A/2010 whereby, upholding the judgment and decree dated 19.7.06 passed by II Civil Judge Class-II Harda in original civil suit No. 417-A/2004, decreeing the suit of the respondents against him for eviction under the provisions of Transfer of Property Act, his appeal has been dismissed.2. It is undisputed legal position that the provisions of M.P. Accommodation Control Act, 1961 are not made applicable to town Timarni, District Harda where the disputed premises is situated.3. The facts giving rise to this appeal in short are that one Madhusudan Agarwal, the father of respondent No.1 to 4, being deaf and dumb person, aged about 80 years, filed the impugned suit for eviction against the appellant through his son and general power of attorney holder, Lavkush Agarwal, contending...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Oct-13-2010
1. This appeal is directed on behalf of the appellant defendant under Section 100 of CPC being aggrieved by the judgment and decree dated 28.7.06 passed by Ist Additional District Judge, to the court of Ist Additional District Judge, Satna in Civil Regular Appeal No. 10-A/06 dismissing his appeal by affirming the judgment and decree dated 6.1.03 passed by IInd Civil Judge, Class-II, Satna in Civil Original Suit No. 289-A/99 decreeing the suit of the respondent against him for eviction on the ground enumerated under Section 12 (1) (a), 12 (1) (b), 12 (1) ( c) and 12 (1) (f) of the M.P. Accommodation Control Act 1961, in short "The Act".2. Facts giving rise to this appeal in short are that the predecessor in title of the respondent herein namely Mahadai, wife of Laxmi Chand Safadiya filed a suit for eviction against the appellant with respect of the premises situated at house no. 849/5 in ward no. 15 of Subhash Chowk, Satna contending that the appellant being her monthly tenant @ Rs.300/...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Jul-15-2010
1. By this petition filed under Section 482 of the Code of Criminal Procedure, petitioner has challenged the order dated 18.1.2010 passed by Special Judge (Lokayukt), Jabalpur in Special Case No. 8/2004, disposing of the application filed by the complainant/respondent no.2 under Sections 63 and 65 of the Indian Evidence Act, seeking permission to adduce secondary evidence.2. In brief, facts of the case are that the petitioner/accused S.K.Singh, who was posted as Inspector in Special Police Establishment (Lokayukta Office), Jabalpur laid a trap against respondent no.2 Hardayal Dubey, Food Inspector, Jabalpur and registered Crime No. 128/2002 under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act. When S.K.Singh was investigating the said offence, he demanded Rs. 1,65,000/- from Hardayal Dubey, as bribe for showing favour to him. It is said that on 7.6.2002 and 27.6.2002, he obtained Rs. 30,000-30,000/- by abusing his position as a public servant. Hardayal...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Aug-03-2010
1. The appellants/defendants, have directed this appeal under section 100 of the CPC, being aggrieved by the judgment and decree dated 31.1.07 passed by Addl. District Judge, Burhanpur in Civil Regular Appeal No.16-A/05, affirming the judgment and decree dated 29.10.05 passed by II Civil Judge Class-II, Burhanpur in Civil Original Suit No.52-A/2001, till the extent of decreeing the suit of the respondents for eviction under section 12(1)(c) of the M.P. Accommodation Control Act, 1961 and dismissing the counter claim of the appellants for damages. While the decree of the trial court given under section 12(1)(a) of the Act has been set aside by the appellate court.2. It is undisputed fact of the case that Plot No.159/2 situated at Block No.36 at Shastri Chowk ward, Burhanpur is a property belonging to appellant No.2 Vidya Bai. While the adjoining plot and premises described in the plaint and also marked as A.B.C.D.F in a map annexed with such plaint, was of the property of the predecesso...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Dec-16-2010
1. By means of this public interest litigation, a Non-government organization, namely 'Narmada Bachao Aandolan' seeks to highlight the plight of land oustees, majority of whom, belong to weaker section of the society. The aforesaid land oustees are being uprooted for construction of Upper Beda Dam on river Beda, a tributary of holy river Narmada which is also known as 'Reva' in central India and is the fifth largest river in the Indian subcontinent. It is worth mentioning that Narmada River has huge water potential and has 41,000 m. cum of average annual flow. In order to utilize the water potential of the river Narmada and to provide the water for drinking as well as irrigation purposes to areas which face the problem of water scarcity, several dams and canals have been constructed on river Narmada and on its tributaries; one of them is Upper Beda dam with which we are concerned in the case in hand.2. The petitioner claims to be an organization of the oustees working for last twenty y...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Aug-06-2010
1. Heard on admission. Challenge put-forth in the present petition under Article 226 of the Constitution of India is to an order dated 29.10.2009/11.11.2009 (Annexure P-4) whereby the petitioner has been issued with a charge-sheet, whereby the petitioner has been charged of financial embezzlement of Rs.3,84,700/- and of an act unbecoming of a government servant, violating Rule 3 (1) (i), (ii), (iii) and Rule 3 (2) (ii) of Madhya Pradesh Civil Services (Conduct) Rules, 1965 (hereinafter shall be referred to as Conduct Rules of 1965). Facts giving rise to initiation of a departmental enquiry was with first information report lodged on 12.6.2008 by one Chandrabhan Kulhade, Court Superintendent of District Consumer Forum, Seoni. The report was initially lodged against one Rajkumar Rai, Farrash at District Consumer Forum, Seoni alleging that a sum of Rs.3,84,700/- has been drawn from the Bank by putting forged signature. On the basis of said report a crime was registered for offences under ...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Oct-13-2010
1. As common questions of law and facts arise for consideration in the instant writ petitions and as agreed to by the learned counsel for the parties, the writ petitions were heard analogously and are being decided by this common order.2. For the sake of convenience W.P.No.4856/2006 is taken as a leading case and its facts are being referred to. The petitioners of the said writ petition are registered trade unions of Security Paper Mills, Hoshangabad (hereinafter referred to as 'the SPM'). The SPM was set up in the year 1967 by the Union of India and has workforce of more than 2000 employees. It is under the administrative control of Ministry of Finance, Union of India. There are nine industrial units of the Government of India for minting coins and printing currency notes, namely, (i) India Government Mint, Noida, (ii) India Government Mint, Kolkata, (iii) India Government Mint, Hyderabad, (iv) India Government Mint, Mumbai, (v) Security Paper Mill, Hoshangabad, (vi) Bank Note Press, ...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Oct-13-2010
1. By means of this petition filed as public interest litigation the petitioners have challenged the action of the respondents No.1, 3 and 4 acquiring the business of the respondent No.2 under Section 35 of the State Bank of India Act, 1955 [hereinafter referred to as `the 1955 Act'] after declaring Sub-Section (13) of Section 35 of the 1955 Act as partially ultra vires and further have prayed for staying the proceedings pertaining to acquisition of the State Bank of Indore by the State Bank of India under the aforesaid provision vide letter dated 20-6-2009, Annexure-P/1.2. Admitted facts for adjudication of the issues involved in this petition which lie in a narrow compass, are that the respondent No.2 which initially was Bank of Indore Limited was subsequently under the provisions contained in the State Bank of India (Subsidiary Banks) Act, 1959 [for brevity `the 1959 Act'] which came into force with effect from 10-9-1959, was constituted as a new bank, i.e., State Bank of Indore und...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
Decided on : Sep-30-2010
1. This first appeal has been preferred by the appellant against the judgment and decree dated 11/12/2001 passed in Hindu Marriage Case No.19A/1998 by the Second Additional District Judge, Hoshangabad by which the application filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act, 1955') was dismissed.2. It is admitted that the marriage of the appellant and the respondent took place on 16/2/1997 at Itarsi. They lived at Itarsi for two months after their marriage. Thereafter the respondent visited to the appellant's house in the month of April, 1997 after her short stay of few days at her parents' house. In her second visit she lived upto July, 1997.3. The appellant has filed an application under Section 13 of the Act, 1955 before the trial Court on the ground that, in July, 1997 the respondent left the house of the appellant to perform the ceremony of Raksha Bandhan and thereafter she did not come back. Her behaviour with the appell...
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