Court : Madhya Pradesh Jabalpur
1. The reference has been made by learned Single Judge vide order dated 26.3.2010. Following question has been referred for consideration :"Whether the view of the learned Single Bench of this Court in the matter of Mohan @ Munna Pachauri (Supra) that the period spent for obtaining certified copy of ex-parte decree cannot be excluded for calculating the limitation under Article 123 of the Limitation Act is the correct view or the earlier contrary view of the Single Bench of this Court in the matter of Shakuntala Singh (supra) is correct ?2. The petitioner has filed an eviction suit against respondents/defendants. In the said Civil Suit, summons were duly served upon the defendants. Defendants appeared before the Trial Court, written statement was also filed. As the rent was not deposited, an application under Section 13(6) of M.P. Accommodation Control Act, 1961 was filed. The Trial Court ultimately ordered striking-off the defence of defendants/tenants. Thereafter, defendants were pro...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1. Petitioner, which is a forum of retired IAS, IPS officers and other eminent citizens of State of Madhya Pradesh, through this public interest litigation has challenged the validity of section 23-A of Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, as amended by Amendment Act, 2005, (hereinafter referred to as the 'Act'), as well as notifications dated 14.3.2008 and 05.9.2007, Annexures-P-1 and P-2 respectively, issued by the State Government in exercise of powers under Section 23-A of the Act. By the impugned notifications the land use of various sites in the city of Bhopal has been changed from public/semi public purpose to commercial in order to facilitate the construction of Five Star Hotel, a Commercial Complex and an Oceanarium on lands measuring 10.19 acres over Khasra Nos.1431 and 1432 which situate adjacent to Minto Hall and for the construction of Central Business District on land measuring 15 acres in and around South T.T. Nagar Market surrounding area, which is pu...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
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
1. The petitioner, who is a Patwari of Revenue Circle Bahoriband, Patwari Halka No.23/38 of Village Udaipur, by way of the instant petition has assailed the legal validity of order dated 10.7.2006 passed by the Sub Divisional Officer, Sihora by which the petitioner's services as Patwari have been terminated and order dated 16.10.2007 passed by the Collector dismissing his appeal. 2. It is stated by the learned counsel for the petitioner that the petitioner has filed a second appeal before the Commissioner, Jabalpur Division which is pending adjudication but as the very initiation of proceedings and the order of termination of the petitioner is without jurisdiction and authority of law, as held by this Court in the case of Vinod Kumar Khare vs. State of M.P. And Others, reported in ILR (2008) M.P. 1436 and the judgment in the case of Phulloo Ram Kol vs. State of M.P. And Others, W.P No.8777/2003 decided on 25.9.2008, the petitioner has filed the present petition during the pendency of t...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
1- Challenging the orders Annexure P/1 and P/2, by which promotion to the post of Assistant Commissioner Excise is granted to respondent No.3, superseding the petitioner and the order seeking suo motu review of a departmental proceeding closed against the petitioner, this writ petition has been filed.2- Petitioner was initially appointed as a District Excise Officer on 1.9.1999. He claims to be a person belonging to the Scheduled Tribe community. In the year 2005, while petitioner was posted as District Excise Officer, Mandsaur a show-cause notice was issued to him on 5.11.2008, pointing out various irregularities in the matter of recovery of revenue. Petitioner is alleged to have filed reply denying the allegations. However, a charge-sheet was issued to the petitioner on 3.3.2006, to which the petitioner submitted his reply and pointed out his defence. Being satisfied with the reply submitted by the petitioner, the disciplinary authority exonerated the petitioner of all the charges an...
Tag this Judgment!Court : Madhya Pradesh Jabalpur
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
1. In the instant writ appeal and the writ petitions, question involved is about the absorption of District Adult Education Officers (hereinafter referred to as "DAEOs") as Assistant Directors vide Order dated 9.4.1999. Further question involved is whether they are entitled to be promoted to the post of Deputy Director in view of the rules called M.P. Education Service (School Branch) Recruitment and Promotion Rules, 1982 (hereinafter referred to as the "Rules of 1982").2. Writ petition was filed by the appellant in writ appeal no.353/2007 in which prayer was made to quash decision dated 9.4.99 to absorb DAEOs and to assign them seniority as Assistant Director, Education, final gradation list had also been assailed. Further prayer was made to direct the respondents to convene the DPC for promotion to the post of Assistant Director and Deputy Director and to consider their names and the other eligible candidates ignoring DAEOs absorbed as Assistant Directors. Prayer was also made to tre...
Tag this Judgment!Court : Madhya Pradesh
ORDERR.C. Mishra, J.1. As a common question of law has arisen in both the trials, this order shall govern disposal of interim applications (registered as I.A. No.48/2009 in Election Petition No. 27/2009 and I.A. No. 14/2009 in Election Petition No. 29/2009) under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for brevity 'the Code') read with Sections 86 and 87 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') for rejection of respective election petitions on the ground of non-disclosure of cause of action or a triable issue.2. Incidentally, none of the petitioners is an unsuccessful candidate but each one of them was entitled to vote at the elections in question. The respondent in E.P. No. 27/2009 namely Vishwas Sarang is declared elected to M.P. Legislative Assembly Constituency No.151, Narela whereas the respondent in E.P. No. 29/2009 viz. Dhruv Narayan Singh is the returned candidate to M.P. Legislative Assembly Constituency No. 153, Bhop...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2010(2)MPHT447
ORDERArun Mishra, J.1. The writ appeals have been preferred as against the order passed by Single Bench remitting the case to the Competent Authority to make the recommendations to the State Government in accordance with Rule 7 of the Notary Rules, 1956 (hereinafter referred to as 'the Rules').2. The brief facts are that by Notification dated 12-10-2007,11 posts of Notary were notified for Katni District which include 4 posts for Katni, 1 for Dheemarkheda, 2 for Bohriband, 1 for Rithi, 2 for Badwara and 1 for Barhi. The District Judge was asked by the State Government to send a panel along with the memorial of eligible local Advocates in accordance with Rules 6 and 7 of the Rules. 77 candidates had filed the applications from Katni, 5 from Dheemarkheda, 9 from Bohriband, 10 from Rithi, 14 from Badwara and 9 from Barhi.3. The District Judge forwarded the list on 25-1-2008 to the Principal Secretary of the Law and Legislative Department of State Government. The State Government approved ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2010(1)MPHT252
ORDERP.K. Jaiswal, J.1. Heard on admission.This is a tenant's appeal under Section 100, CPC challenging the legality and validity of judgment and decree dated 2-7-2009 passed by XIX Additional District Judge, Jabalpur in Civil Appeal No. 20-A/2009, confirming the judgment and decree passed by IV Civil Judge Class-I, Jabalpur in Civil Suit No. 246-A/2006 whereby the suit of the respondent was decreed under Section 12(1)(c) and (f) of the M.P. Accommodation Control Act, 1961 (in short 'the Act').2. Shankar Lal Bahre, father of the respondent had let out the suit accommodation consisting of a shop bearing House No. 1219, Ganjipura Main Road, Jabalpur to the defendant-appellant by creating tenancy in his favour for non-residential purposes and the defendant is using the same by doing business of medical store in the name and style of Vikas Medical Store. The tenancy of the appellant is monthly and starts from the first day of each calendar month and ends with the last date of the same mont...
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