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Chhattisgarh Court June 2001 Judgments

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Jun 25 2001

Dinesh Kumar Upadhyaya Vs. Union of India and Others

Court: Chhattisgarh

Decided on: Jun-25-2001

Reported in: 2001(3)MPHT35(CG)

ORDER1. It is submitted that the petitioner was allotted Manipur-Tripura Cadre vide order dated 12-6-89. Certain incidents of terrorism occurred and petitioner thereafter applied for change of the cadre. Though Tripura-Madhya Pradesh agreed for changing the cadre but the same was not permitted by the Central Govt. The petitioner had filed writ petition in the High Court of M.P. bearing No. W.P. 6165/98 which was dismissed by the High Court of M.P. on 22-1-99. The order passed by the High Court of M.P. while dismissing the petition is as under :--'The petitioner by this writ petition has challenged the order of the Govt. of India dated 11-11-98 (Annexure P-21) whereby the Government of India has declined to accede to the request of the petitioner for change of his cadre from Tripura to M.P. The petitioner hails from Madhya Pradesh. He is an Indian Forest Officer. Both the States i.e., Tripura and Madhya Pradesh had agreed to change of cadre of the officer and requested the Government of...


Jun 18 2001

Smt. Manju Baradia Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Jun-18-2001

Reported in: 2001CriLJ3762; 2001(3)MPHT57(CG)

ORDERR.S. Garg, J. 1. The applicant being aggrieved by the judgment dated 23rd March, 2001 passed in Criminal Appeal No. 326/99 by the learned Sessions Judge, Raipur, confirming the conviction of the applicant under Section 304A read with Section 201, IPC recorded by the learned Judicial Magistrate, First Class, Raipur in Criminal Case No. 349/98 on 3-8-99, has filed this revision petition.2. It is to be noted that the learned Trial Judge after convicting the applicant under Section 304A, IPC awarded 1 1/2 years R.I. and imposed fineof Rs. 1,000/- and in default of payment of fine to undergo further R.I. for three months and, awarded six months R.I. and imposed fine of Rs. 500/- and in default of payment of fine to undergo further R.I. for one month, for offence under Section 201, IPC. But the learned Appellate Court, partly allowed the appeal; while up-holding the conviction, the learned Sessions Judge reducedthe jail sentence awarded under Section 304A, IPC from 1 1/2 years to 1 year...


Jun 18 2001

Gurumukh Singh Hora Vs. State of Chhattisgarh and ors.

Court: Chhattisgarh

Decided on: Jun-18-2001

Reported in: 2001(4)MPHT79(CG)

ORDERR.S. Garg, J. 1. The petitioner Gurumukh Singh Hora, the Chairman of Chhattisgarh Co-operative Marketing Federation, has challenged the correctness, validity and propriety of the order dated 8-12-2000 passed by the Additional Registrar, Co-operative Societies, Raipur (respondent No. 4). 2. The facts necessary for the disposal of the present petition are that the petitioner is the Chairman of Chhattisgarh Co-operative Marketing Federation. According to him, he has assumed the charge of the office on 30-10-2000, therefore, under the provisions of Rule 43-A (2) of M.P. Cooperative Societies Rules, 1962 within one year of assumption of the charge by him, a no-confidence motion cannot be moved against him but as a no-confidence motion has been moved against him and as the Additional Registrar has appointed an Officer to preside the meeting, the action is bad. The petitioner, in fact, was elected as Chairman of M.P. State Co-operative Marketing Federation on 4-1-97 for a period of five ...


Jun 13 2001

Savitri Alias Shobha and Another Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Jun-13-2001

Reported in: 2001CriLJ4602; 2001(3)MPHT43(CG)

R.S. Garg, J.1. The appellants being aggrieved by the judgment dated 9-2-2001 passedin Special Case No. 83/99, by the learned Special Judge (N.D.P.S.) Bastar at Jagdalpur, convicting the appellants under Section 20(b)(i) of the N.D.P.S. Act, sentencing the appellant No. 1 Savitri alias Shobha to undergo R.I. for one year and pay fine of Rs. 1,000/- and in default of payment of fine to undergo further R.I. for three months and sentencing the appellant No. 2 Sunita alias Sushila alias Chanda to undergo R.I. for six months and pay fine of Rs. 500/-; in default of payment of fine to undergo further R.I. for a period of one month, have filed this appeal.2. The prosecution case in brief is that on 7-10-99, Sub-Inspector Prakash Sharma (P.W. 3) Police Station, Jagdalpur, received an information from some informer that the present appellants were carrying Ganja. On the basis of the information, he recorded the information and prepared Panchanama at Ex. P-13 and sent the information to the Supe...


Jun 11 2001

Soloman Vs. State of M.P.

Court: Chhattisgarh

Decided on: Jun-11-2001

Reported in: 2001(3)MPHT72(CG)

R.S. Garg, J.1. The appellant being aggrieved by the judgment dated 29-2-200 passed in Special Case No. 86/99 by the learned Special Judge (NDPS) Raipur, convicting the appellant under Section 20(b) of the N.D.P.S. Act read with Section 8 of the said Act and sentencing him to undergo R.I. for two years and to pay fine of Rs. 2000/-, in default of payment of fine to further undergo R.I. for two months, has filed this appeal.2. The prosecution case in brief is that on 11-9-99 Head Constable B.L. Sahu (P.W. 3) of Police Station Saraipali was on patrol for checking certain vehicles etc. At about 4.30 A.M. on 12-9-99 while seeing an on-coming bus No. O.R. 05/1765 the said head constable stopped the bus. Finding that the present appellant was sitting on the back seat and was engaged in suspicious activities, the said head constable issued him a notice under Section 50 of the N.D.P.S. Act and after taking the consent of the said person (accused) took his search. In the said search about 6 kgs...


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