Court : Madhya Pradesh
Reported in : 1985CriLJ415
B.C. Varma, J.1. Appellant Khalilullah is alleged to have committed the murder of one Rashidullah on 18-9-1980. After due investigation, the police filed the challan before the Magistrate for an action Under Section 209, Cri.P.C for commitment of the case to court of Session the offence being triable exclusively by Court of Session. The learned Magistrate by order dt. 28-1-1981 committed the case to the Court of Session and forwarded the papers accordingly to that Court. The Sessions Judge, however, took up the matter only on 17-2-1981 and proceeded to try the appellant. Meanwhile, the Madhya Pradesh Bal Adhiniyam, 1970 (Act No. 15 of 1970) was made applicable to Raisen district with effect from 15-2-1981, vide notification No. D. 739-6835-XXVI-81, dt. 5th Feb. 1981, and in exercise of powers Under Section 4 of that Act, a Juvenile Court was constituted for Raisen district. After trial, the learned Sessions Judge found the appellant guilty and by judgment dt 24-6-1981 convicted him Und...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP50
Krishnan, J.1. The petitioner, who had been temporarily appointed as the Secretary, Kendra Panchayat, Makdone, in District Ujjain, was removed from service by the order of the Director, Panchayat and Samaj Sewa, dated 19-10-1957. He addressed the Government what he describes as 'a revision application' and got on 20-2-1959, that is, about a year and a half after the removal, an unfavourable reply, after it, he took some months to obtain certain certified copies and ultimately filed this petition in October 1959. His allegation is that the authority that dismissed him is not the authority that appointed him and, further that it is subordinate; the requirements of Article 311 of the Constitution have not been fulfilled; and again, that in regard to some of the grounds of removal, he had not been called upon or provided an Opportunity to explain or show cause.The questions for decision are, firstly, as a preliminary point, whether a delay of about sixteen months spent in seeking relief in...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1958MP135
A.H. Khan, J.1. This is a writ under Article 226 of the Constitution of India for the issue of writs of mandamus and prohibition against the State of Madhya Bharat and now against the successor Government, the Government of Madhya Pradesh.2. The facts giving rise to this petition are that the petitioner L. P. Hirway entered the service of the Gwalior State as a Judicial Officer in 1940; in 1946 he was dismissed by the Gwalior Government on account of- a frivolous prosecution launched against him, which was eventually withdrawal by the Government, He represented his case to the Gwalior Government, taut in the mean time the State of Gwalior merged in Madhya Bharat. The efforts of the petitioner to press his representation continued and it seems that on 2-11-49, the petitioner was appointed Judge, Labour Court (Madhya Bharat) on a temporary and provisional basis for sis months. He continued in this capacity beyond six months and while he was continuing as Labour Judge, his representation,...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1990)IILLJ416MP
ORDERT.N. Singh.J1. Dedicated to the hallowed memory of the legendary heroine of the First War of Independence, Maharani Laxmibai, is the National College of Physical Education at Gwalior, popularly called LNCPE. Established by the Union Ministry of Education and Culture., its management currently vests in the Sports Authority of India, successor to the erswthile Society for the National Institute of Physical Education and Sports, shortly, SNIPES.2. From what has come on record, it is established that the petitioner was working as Resident Audit Officer at the Bhilai Steel Plant in the year 1985 when he appeared at an interview held on 14th April 1985 for the post of Administrative Officer at LNCPE, Gwalior. From Annexure R/1 it is disclosed that he was selected and was offered appointment in the said post, said to be a 'permanent post', on the following, among other, terms and conditions:'4. You will be on probation for a period of two years from the date of your joining and during wh...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ744
ORDERS.K. Dubey, J. 1. The two petitioners, namely, Moolchandra Agrawal in M.P. No. 867 of 1986, and Satish Chandra Nagpal in M.P. No. 61 of 1987, in their petitions under Articles 226 and 227 of the Constitution of India, have challenged their termination orders, Annexure P/4, dated 17-6-1986, and Annexure P/2, dated 27-6-1986, respectively, passed by the Registrar, Jiwaji University, Gwalior.2. At the request of the parties, arguments were heard analogously, as the grounds of challenge are common in both petitions, which are being disposed of by this order.3. Material facts leading to the two petitions are thus :-- The petitioner Moolchandra Agrawal (for short, 'petitioner No. 1') was employed as an Upper Division Clerk in the Jiwaji University, Gwalior, and was the President of Jiwaji University Class HI Employees' Union (for short, the 'Union'), recognised by the University. The petitioner Satish Chandra Nagpal (for short, 'petitioner No. 2'), initially appointed as an Upper Divisi...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2008(5)MPHT13
ORDERA.K. Patnaik, C.J.1. The petitioner has filed this Public Interest Litigation to protect the rights of tribals residing in the Tribal Village Ghorpodmal in Bhaisdehi Tehsil in the Mohada forest range in the West Betul Forest Division in the State of Madhya Pradesh.2. The petitioner is a Psychology graduate from Jesus and Mary College, Delhi and holds a Master's Degree in Psychology from Lady Ram College, Delhi. She did her M.Phil in Social Science from the Tata Institute of Social Science, Mumbai and graduation in Law from the Barkatullah University, Bhopal and thereafter became a Project Officer of OXFAM (India) Trust, a British Funding Agency in 1991-92. She has stated in the writ petition that while working as Project Officer of OXFAM (India) Trust, she got an opportunity to serve in the tribal areas of Madhya Pradesh and she was shocked to find the pathetic conditions in which the tribals are living and she has therefore formed an organisation of the tribals called the Shramik...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(4)MPHT260
ORDERS.K. Gangele, J.1. The petitioner has filed this petition challenging the charge sheet Annexure P-1, dated 29-10-2006.2. The petitioner also challenged the order of suspension, Annexure P-2, dated 16-9-2006 that order has been revoked subsequently by the respondent vide another order dated 13-11-2006, Annexure, hence the petition of the petitioner with regard to suspension has become infructuous.3. The petitioner was working in the police department as Sub Inspector. At the relevant time he was posted as In-charge Police Station, Unnao, District Datia. A cognizable offence under Sections 302, 147, 148, 149 was registered at Crime No. 38/06 at Police Station, Unnao on the report of one Raghubir Singh son of Pratap Singh Dangi, resident of Village Devra that on 8-5-2006 at around 7.30 in the evening Khushali Dangi, Vinod Dangi, Charan Dangi, Santosh Dangi and Maithilisharan Kushwaha murdered his son-in-law, Mulayam Singh Dangi. On the basis of the aforesaid First Information Report ...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1971)IILLJ354MP; 1971MPLJ629
ORDERM.N. Raina, J.1. This is a petition under Article 226 of the Constitution of India.2. Abdul Rehman, non-petitioner No. 1, was at the material time an employee of the Central India Machinery . (CIMCO). Petitioner No. 2 was at the material time working as a fitter in the petitioner's factory; petitioner No. 1 is the factory manager.3. The case of the petitioners is that on 7-9-1962 at about 8 P.M. Abdul Rehman was caught red-handed while committing theft of brass piece weighing about 5 lbs. of the value of Rs. 35 from the petitioner's factory. He was handed over to the police station. He was prosecuted for theft, but was acquitted by the trial Magistrate, vide Annexure R-1. As Abdul Rehman absented himself from duty and avoided to remain present till 28th September, 1962 without obtaining any leave or even applying for leave, the management treated him as having abandoned his job and his services were terminated with effect from 29-9-1962 and his name was also struck off the rolls.4...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP26
Tare, J.1. This is a petition under Article 226 of the Constitution of India by a Contractor, who took the Contract of purchase of Tendu leaves from the Government for the year 1970 under the M. P. Tendu Patta (Vvapar Viniyaman) Adhiniyam, 1964, and the M. P. Tendu Patta, Nivamavali, 1965 and 1966, and by this petition, he seeks a renewal of the contract for the Years 1971 and 1972 on the same terms.2. A State monopoly was created by enactment of the M. P. Tendu Patta (Vvapar Viniyaman) Adhiniym, 1964, which received the assent of the President on 23-11-1964 and which came into force from 28-11-1964. It will be necessary o consider some relevant provisions of the Act later on. The appellant Firm had purchased the right of collection of Tendu leaves for the year 1970 which provided for a renewal clause for a further period of two years on certain terms. It may be relevant to reproduce Condition No. 25 of the Tender Notice which is as follows:--'25. (1) Unless earlier determined under th...
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2000)159CTR(MP)53
ORDERD.P.S. Chouhan, J.Threatened with the invasion of their rights, the petitioners, in these two writ petitions, numbered 2593/1997 and 1723/1998, approached this Court invoking jurisdiction under Article 226/227 of the Constitution, seeking protection against illegal and arbitrary action against them which on being heard together are decided conjointly.2. The controversy in these petitions centres round the construction of the house known as 'Dev Shree' and in that regard, the following facts are' relevant .(1) Shri Arjun Singh and his wife Sint. Saroj Singh, who are petitioners in Writ Petition No. 2593/1997, and Shri Ajay Singh, their son, who, is petitioner is Writ Petition No. 1723 of 1998, after purchasing an agricultural land near Kerwa Dam in village Mandora, Tahsil Huzur, District Bhopal, constructed a house over a portion thereof, named as 'Dev Shree' and which being in the vicinity of Kerwa Dam, was also known as 'Kerwa House' (hereinafter referred to as 'the house), the c...
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