I.A. No.10997/2009 This application is for urgent hearing of the
Transcription
I.A. No.10997/2009 This application is for urgent hearing of the
CR No.222/2009 21.01.2015 I.A. No.10997/2009 This application is for urgent hearing of the admitted matter. As per the listing scheme in vogue, priority category of cases must proceed as per its turn, under appropriate category. Accordingly, this application is disposed of with direction to the Registry to process the main admitted matter, if ready in all respect, as per its turn, under caption “High Court Expedited Cases” or any other suitable caption of priority cases, whichever is earlier. Liberty to the parties to apprise the Registrar (Judicial) about any other suitable priority category in which the main admitted matter can proceed in addition to “High Court Expedited Cases” or the caption already assigned by the Registry. The Registrar (Judicial) after due scrutiny shall issue instructions to the concerned Dealing Assistant to update the main matter in such other appropriate category, so that the same can proceed for final hearing in the category wherever it is earlier, as per the CMIS software. Further liberty is granted to the parties to mention the main matter, in cases of exceptional urgency, for appropriate directions before DB-I, by way of Mentioning Slip without filing any formal application for urgent hearing. Application for urgent hearing of the main matter is disposed of on the above terms. (A.M.Khanwilkar) Chief Justice (C.V. Sirpurkar) Judge M.A. No. 226/2009 01.12.2014. Shri Vivekanand Awasthy, learned counsel for the appellant. Case has been posted on admission; however, it would be appropriate to hear learned counsel for the appellant on the question whether statutory amount has been deposited by the appellant in order to make this appeal under Employees maintainable? List in the week commencing 12.1.2015. {C.V. Sirpurkar} JUDGE Sh* Compensation Act, Con.C. No. 2072/2013 19.12.2014. Shri Deepak Awasthy, learned counsel for the applicant. Shri Rajesh Sharma, learned counsel for the respondent. This contempt petition has been filed in respect of order dated 13.5.2013 passed in W.P. No. 8925/2013. By aforesaid order, it was observed that it would be necessary to examine whether continuation of petitioner under suspension is necessary or attachment of the petitioner elsewhere would serve the purpose of any investigation or enquiry. Ultimately, the petition was disposed of without entering into the merits of the claim made by the petitioner with a direction to the respondent to look into the representation made by the petitioner for revocation of the suspension and pass appropriate orders on the said representation. It was further observed that the Court has not looked into or examined the validity of the claims made by the petitioner and therefore same are to be decided by the respondent in accordance with law. The entire enquiry was directed to be completed within a period of two months from the date of production of copy of the order. Learned counsel for the respondent submits that by order dated 09.11.20114, the Principal Secretary to the State Government, Department of Public Health and Family Welfare, Bhopal, has disposed of the representation made by the petitioner in accordance with the order of High Court dated 13.5.2013. With regard to the compliance report, learned counsel for the applicant submits that the compliance report is accompanied by affidavit of Dr. S.L. Sahu, who is said to be Sampark Adhikari. It is not clear as to in what manner Dr. Sahu is connected with the matter. It has further been submitted that in the order dated 09.1.2014 it has been recorded that in compliance with the order of the Court, petitioner Dr. Mittal was again granted an opportunity of being heard on 24.12.2013. During the hearing Dr. Mittal failed to bring home any solid ground or facts on the basis of record, warranting cancellation of his suspension and granting reinstatement; therefore, representation was rejected. A perusal of the Court order dated 13.5.2013 reveals that the Court desired that respondents should examine whether continuance of the petitioner under suspension was necessary for the purpose of any investigation or enquiry and whether his attachment elsewhere would not serve the purpose. However, there is nothing to indicate in the order dated 09.1.2014 that the matter was examined from the aforesaid angle. The reply is also not supported by an affidavit of the Principal Secretary which could through light on the fact as to whether or not mind was applied from aforesaid angle. In the event, Principal Secretary is directed to file his affidavit, clearly indicating as to whether or not the representation submitted by the petitioner was examined from the aforesaid angle. List the matter in the first week of February, 2015. {C.V. Sirpurkar} JUDGE Sh* Con.C. No. 1651/2011 19.12.2014. None for the applicant. Shri S.S. Bisen, learned Government Advocate for the respondents. Learned Government Advocate has submitted that in compliance with Court order dated 15.2.2011 passed in W.P. No. 10341/2010 (s), order dated 23.3.2011 has been passed by the office of the Accountant General; however, it appears that after passing the order dated 23.3.2011, this contempt petition has been filed on 13.10.2011. Thereafter, mention memo was filed on 18.09.2014. As such, it cannot be said that the petitioner is not interested in prosecuting the matter. In the circumstances, list the matter in the week commencing 27.1.2015. {C.V. Sirpurkar} JUDGE Sh* M.A. No. 2703/2014 19.12.2014. Shri Paresh Parekh, learned counsel for the appellant. Heard on admission, I.A.No. 16636/2014, an application for temporary injunction and I.A.No. 16637/2014, an application for ad- interim injunction. It has been submitted on behalf of the appellant that he had entered into an agreement for sell of immovable property with the respondent but the respondent is refusing to execute the registered sale deed of the property and is trying to alienate the same. It has been argued that the deed of contract was stamped in accordance with law, however, it was not registered but in view of Section 49 of the Indian Registration Act it is admissible as evidence of agreement of sale in a suit for specific performance of the contract. Let notice on admission as well as I.A.No. 16636/2014 be issued to the respondent, returnable in six weeks. Let requisites for the same be filed within a week. Meanwhile, by way of ad-interim measure, it is directed that the respondent shall not alienate the suit property or create any third party interest therein till next date of hearing. Let the appellant comply with the provision of Rule 3 of Order 39 of the Code of Civil Procedure. List the matter thereafter. {C.V. Sirpurkar} JUDGE Sh* C.R. No. 304/2012 15.12.2014. Shri Abhisekh Gulati, learned counsel for the applicants. Shri Anubhav Jain, learned Panel Lawyer for the respondent Nos. 1 and 2. Shri Umakant Sharma, learned counsel for the respondent Nos. 4 to 6. This civil revision is posted for consideration of I.A.No. 13556/2012, an application under Section 5 of the Limitation Act for condonation of delay in filing this revision, however, a perusal of record reveals that the office has not made any calculation with regard to limitation. Let the office do the same and proceed it under the same head on 12.1.2015. {C.V. Sirpurkar} JUDGE Sh* M.Cr.C. No.20417/2014 26.12.2014 Shri A.K. Tiwari, Counsel for the applicant. Shri Vaibhav Tiwari, P.L. for the respondent/State. Shri Vikalp Soni, Counsel for the Objector. Heard on this first application for bail filed on behalf of applicant Manish under Section 439 of the Code of Criminal Procedure in Crime No.286/2014 registered in P.S. Khalwa, District Khandwa, under Sections 307 and 371 read with Section 34 of the IPC and Sections 25/27 of the Arms Act. As per prosecution case, applicant Moolchand alongwith the coaccused persons Virendra and Manish stopped complainant Ajay on the road. Co-accused Virendra stated that he wanted to take revenge for the assault made by complainant Ajay on his brother. Thereafter, all the three accused persons manhandled complainant Ajay. Complainant Moolchand and Manish caught hold of complainant Ajay and Virendra fired two or three shots by a country made pistol. One of the bullets hit complainant Ajay in the right thigh and started to bleeding. Learned Counsel for the respondent/State submits that complainant Ajay was admitted to hospital and his discharge ticket is not on the record; therefore, it may be assumed that his treatment is still going on. He further submitted that offence is serious one, therefore, bail should not be granted to accused Manish. Learned Counsel for the applicant submits that Manish was not named in the FIR. His role in the incident is confined to manhandling complainant Ajay and catching hold of him while he was fired at. It has further been submitted that applicant Manish is falsely implicated because it is highly improbable that a person who hold someone while the person he is holding, is being fired at. On due consideration of the contentions raised in the application, nature of allegation against the applicant, and overall facts and circumstances of the case, this Court is of the considered view that it is a fit case to release the applicant Manish on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant Manish shall be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- (Thirty Thousand only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing his presence before the said Courts on all the dates of hearing fixed in this regard. Certified copy as per rules. (C.V. Sirpurkar) V. Judge ak MCC No. 2401/2014 28.11.2014 Shri Wajid Hyder, learned counsel for the applicant. This MCC has been filed for restoration of S.A. No. 790/2007, compliance which with was dismissed peremptory for order nondated 26.10.2007, whereby the appellant was directed to pay PF within seven days. Heard on I.A.No. 15246/2014, which is an application for condonation of delay of 2527 days in filing the application for restoration. It is submitted by learned counsel for the applicant that the appeal was listed on 26.10.2007 before Hon'ble the Court but due to oversight, learned counsel for the applicant could not take note of the case and failed to appear before the Court. Hon'ble Court passed a peremptory order directing the appellant to pay (C.V. Sirpurkar) Judge Sh* M.A. No. 2422/2007 24.11.2014 Shri K.B. Vishwakarma, learned counsel for the appellants. Let notice be issued against respondents by ordinary mode as well as registered post, returnable within eight weeks. Requisite for the same be filed within a week. (C.V. Sirpurkar) Judge Sh* Note-sheet 21.11.2014 As directed by His Lordship, I am to inform you that His Lordship has purchased a Mobile of Samsung Galaxy S4 worth Rs. 28007/-. The said amount may kindly be reimbursed to His Lordship upto the extent permissible. Encl. A copy of the bill. P.S. to Honble Shri Justice C.V.Sirpurkar Protocol Officer Note-sheet 10.11.2014 As directed by His Lordship, I am to inform you that a Micro Sim Card and E-Video Card may kindly be provided to His Lordship for the use of Apple i Pad. P.S. to Honble Shri Justice C.V.Sirpurkar Protocol Officer Note-sheet 20.11.2014 As directed by His Lordship, I am to inform you that Table Glass of 65” x 6” & 41” x 6” of 12mm may kindly be provided in the Chamber of his Lordship and also issue following stationery items:1. Two whitener 2. Pen 2 liquiflo 3. Stapler 1 4. Pen box 2 5. Flag-2 6. Stapler pin 2 packet P.S. to Honble Shri Justice C.V.Sirpurkar Stationery Section To, The Registrar General High Court of M.P. Jabalpur. Sub:- Regarding Petrol Allowance. Respected Sir, It is humbly submitted that I have been posted to His Lordship. I used to got to His Lordship's Bungalow as and when required by my motorcycle bearing registration No. MP-20-MJ8877. It is further requested that I may please be granted petrol allowance. Kindly accept my prayer and obliged. Thanking you, Yours Faithfully, (S. Hushmat Hussain) Steno to Hon'ble Shri Justice C.V. Sirpurkar Date:10.11.2014. Encl: Copy of driving licence Note-sheet 10.11.2014 It is submitted that the printer-HP Laser Jet P2015 installed at the PA/PS chamber of Court Room No. 14 is very old and is not working properly and take lots of time to print which causes inconvenience in the work of Court/office. Kindly replace the same with new Printer such as of Xerox or any other company which is provided by the Office. Steno to Honble Shri Justice C.V.Sirpurkar Registrar I.T. The appellants have been convicted on the basis of Daily Diary (Roznamcha Sanha) recorded 18 hours after the incident, which was treated as a dying declaration. Eyewitnesses have not supported the prosecution. That apart, the appellants were on bail during the trial. AKM 27.10.2014 As directed by His Lordship the cases wherein the following advocates are appearing may not be listed before His Lordship:(1) Shri Jaideep Sirpurkar (Advocate) (2) Shri Aditya Khandekar (Advocate) (3) Sushree Sudha Pandit (Advocate) (4) Shri Shreyas Pandit (Advocate) (5) Smt. Janhvi Pandit (Advocate) P.S. to Hon'ble Shri Justice C.V. Sirpurkar Note sheet As directed by His Lordship, Hon'ble Shri Justice Chandrahas Sirpurkar has directed me to convey that His Lordship is willing to occupy Bungalow No.A-2, Newly constructed Bungalow, previously occupied by Hon'ble Shri Justice Alok Verma which would fall vacant on 01.11.2014, for his residence. By order, P.S. to Hon'ble Shri Justice C.V. Sirpurkar Note sheet As directed by His Lordship, Hon'ble Shri Justice Chandrahas Sirpurkar, this is to inform that His Lordship shall not be available for Court work on 3 rd and 5 th of November, 2014. This may be treated as Casual Absence of his Lordship. Submitted. By order, P.S. to Hon'ble Shri Justice C.V. Sirpurkar Shri Monohar Mamtani: Principal Registrar (J) Note sheet As directed by His Lordship, Hon'ble Shri Justice Chandrahas Sirpurkar, this is to inform that His Lordship was available for Court work only on 3 rd of November, 2014 and he was on leave on 5 th and 7 th of November, 2014. Therefore, the application for leave for 3 rd November, 2014 be cancelled. Submitted. By order, P.S. to Hon'ble Shri Justice C.V. Sirpurkar Shri Monohar Mamtani: Principal Registrar (J) Note sheet As directed by His Lordship, two new Almirahs be provided in the Chamber of his Lordship. By order, P.S. to Hon'ble Shri Justice C.V. Sirpurkar