Judgments - Madhya Pradesh High Court
Dr. Chandramani Mishra Versus The State of Madhya Pradesh & others
Law laid down - If the Disciplinary Authority proceeds under Rule 14 of the M.P. Civil Services (Classification, Control & Appeal) Rules, 1966, then it does not mean that the Authority can only impose major penalty, but it can be culminate into a minor penalty too. Full Judgment
DR. RAJDEEP KAPOOR VS. MOHD. SARWAR KHAN AND ANOTHER
Law laid down - Evidence Act with strict technicalities is not applicable in mutation proceedings. Revenue Officer is only required to do enquiry to reach satisfaction in respect of evidence filed regarding acquisition of rights over land. Examination on oath and cross-examination need not be done by Tehsildar in mutation proceedings. Full Judgment
Ramcharan Patel Vs. State of M.P.
Law laid down - (1) Section 302, 120B and Section 201 of IPC : Vikki Bai was not traceable from matrimonial house and hence her father-in-law lodged "Gum Insaan" report in Police Station. Father of Vikki Bai also lodged the report that she is murdered by appellants. Body or remains of Vikki Bai could never be traced. The court below held the appellants as guilty on the basis of circumstantial evidence. Held : Conclusion of guilt must be based on circumstances Full Judgment
Alok Kumar Choubey Vs. State of Madhya Pradesh and others
Whether or not in a particular case the writ court should entertain a petition under Article 226/227 of the Constitution despite availability of alternative remedy, would always depend on the fact situation of a given case. Seven well-recognized exceptions to the rule of alternative remedy for entertaining a writ petition under Article 226/227 of the Constitution are: (i) where the writ petition has been filed for enforcement of fundamental rights; (ii) where there has been violation of principle of natural Full Judgment
Sasan Power Limited, Singrauli versus Madhya Pradesh Micro and Small Enterprise Facilitation Council & another
Micro, Small and Medium Enterprises Development Act, 2006 -Section 17 and 18- the reference to the Council- the provision is beneficent in nature and, therefore, must be given wide construction. The respondent No.2’s reference was rightly entertained by the Council. More so, when objections (Annexure P/6 & P/10) filed by the petitioner regarding jurisdiction of council is not pregnant with a factual objection regarding non filing of memorandum by respondent No.2 under Section 8 of the Act. Section 18 of Micro, Small Full Judgment
Rajendra Singh Pawar and others Vs. State of M.P. and others
Law laid down - Police Officer shall enter complaint in General Diary as per M. P. Police Regulation 634. Give number of entry to complainant. If cognizable offence is disclosed First Information Report shall be registered. If preliminary inquiry is required then same shall be completed within 15 days. In cases of delay after giving reasons preliminary inquiry shall be completed within 42 days and result shall be communicated to complainant. In case of failure to complete preliminary inquiry in 42 Full Judgment
Nageswar Sonkesri Vs. State of MP & Ors
Law laid down - [i] The Presidential Notification issued under Article 342(1) specifying the Scheduled Tribe/Scheduled Caste can be amended only by the law made by the Parliament and it cannot be varied by way of administrative circular, judicial pronouncements or by the State. The Presidential order must be read as it is. [ii] Since “Halba Koshti” is not mentioned as “Scheduled Tribe” in the Presidential order, therefore, it cannot be held to be scheduled tribe. [iii] The Hon’ble Supreme Court Full Judgment
Zaid Pathan and others Vs. State of M.P
Law laid down - Section 195(1) Cr.P.C. is attracted at the stage of taking cognizance. There is no bar under Section 195 of the Cr.P.C. in respect of registration of FIR, therefore, FIR for an offence under Section 188 of the IPC can be registered by the police and after investigation on the basis of the FIR and the material collected during the course of investigation, a competent public servant can file the complaint before the concerned court. What is barred Full Judgment
M/s Peethambara Granite Gwalior Vs. State of Madhya Pradesh
Law Laid Down:- (i) The object behind the power of suspension is to arrest and prevent the ongoing illegality/irregularity/misconduct from adversely affecting the pending enquiry initiated to ascertain the veracity of default. (ii) This object would be defeated if suspension is preceded by following of principle of audi alterm partem. (iii) Therefore the requirement of following principle of audi aalterm partem is abhorrent to the exercise of power of suspension. (iv) The expression “by issuing show cause notice” found in Rule Full Judgment
Rajasthan Patrika Pvt. Ltd. Vs. State of Madhya Pradesh and others
Law Laid Down:- Review Petition - Review petition can be entertained if there exits a mistake or error which is apparent on the face of record. Under the garb of review, the petitioner cannot be permitted to re-argue or re-agitate the entire matter. Re-appraisel of evidence or re-hearing of case without there being any error apparent is impermissible. Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 - This is a beneficent piece of legislation. Thus, it Full Judgment
Dheerendra Dwivedi @ Dheeru Vs. State of M.P.
Law laid down - Order granting interim custody of vehicle under Section 451 or under Section 457(1) of Code of Criminal Procedure is interlocutory order and criminal revision is not maintainable against it. Full Judgment
Aruni Sahgal Vs. State of M.P.
Law laid down - Order granting interim custody of vehicle under Section 451 or under Section 457(1) of Code of Criminal Procedure is interlocutory order and criminal revision is not maintainable against it. Full Judgment
Pareshrao s/o Laxmanrao Jagdale Versus Addl. Secretary, M.P.P.K.V.V.C Ltd. & others
Law laid down : The up-gradation schemes introduced by the Government/Employer envisage mere placement in the higher pay scale/grant of financial benefits through financial up-gradation on a personal basis. Though normal promotion norms available for consideration of an employee for promotion, would be attracted under the scheme, yet only financial up-gradation could be given, even though the duties of the employee, the designation etc. remain the same, as enjoyed by him before granting of financial up-gradation. Such up-gradation did not Full Judgment
Arun Narayan Hiwase and others vs. State of M.P and others
Law laid down - Cancellation of regularisation of petitioners - the petitioners were regularised as per decision of the Screening Committee constituted as per executive instructions and the Regulation of 1988 on 20.7.1998. The said Regulation were nullified w.e.f. 13.7.1998 by passing the administrative order dated 9.7.1998. On the date of regularisation, previous regulation and instructions were in force and new Regulation of 1998 were not in existence. Hence, regularisation cannot be cancelled. Regulation 1998 - as per the Repeal and Saving Full Judgment
Raja Bhau Gulabrao Jagtap and others vs. State of M.P and others
Law laid down - Cancellation of regularisation of petitioners - the petitioners were regularised as per decision of the Screening Committee constituted as per executive instructions and the Regulation of 1988 on 20.7.1998. The said Regulation were nullified w.e.f. 13.7.1998 by passing the administrative order dated 9.7.1998. On the date of regularisation, previous regulation and instructions were in force and new Regulation of 1998 were not in existence. Hence, regularisation cannot be cancelled. Regulation 1998 - as per the Repeal and Saving Full Judgment
Mahendra Singh Amb Vs. State of M.P. and others
Shalu Sharma and Anr. Vs. State of MP and Ors.
Raju @ Surendar Nath Sonkar vs. State of Madhya Pradesh
Law laid down - 1. Indian Evidence Act,1872 - Independent prosecution witnesses/witnesses about the search memo turned hostile. The police officer (PW/4) alone supported the Panchnama. His statement could not be demolished during cross examination. The conviction can be recorded solely on the basis of a credible statement of police officer. The evidence of official witness cannot be distrusted and disbelieved merely on account of his official status. 2. Interpretation of statute - (i) A statute must be read as a whole Full Judgment