Chhattisgarh Court September 2002 Judgments
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Smt. Jaya Chandrakar Vs. Distt. Panchayat and ors.
Court: Chhattisgarh
Decided on: Sep-13-2002
Reported in: 2003(1)MPHT43(CG)
ORDERFakhruddin, J.1. Being aggrieved against the judgment and decree dated 19-12-2000 passed by Vth Additional District Judge, Durg, in Civil Appeal No. 14-A of 1999 arising out of Civil Suit No. 7-A/98 decided by the 1st Civil Judge, Class II, Durg, the present appellant has filed this appeal under Section 100 of the Code of Civil Procedure.2. Briefly stated facts are that the appellant filed a suit for declaration and permanent injunction on the ground that an advertisement was published for filling up the post of Shiksha Karmi, Class-I, in a Newspaper. The said post has been reserved for the candidates of OBC and the present appellant had applied for the same as one of the candidates and faced the test and interview. According to the appellant, she had secured higher marks in the merit list, however, respondent Nos. 3 and 4 who secured lesser marks than the appellant were appointed whereas the appellant was not selected and she was shown in the OBC waiting list at serial No. 1. It ...
Sirajunnisha Vs. Sukhjeet Singh
Court: Chhattisgarh
Decided on: Sep-12-2002
Reported in: 2002(4)MPHT68(CG)
Fakhruddin, J.1. Heard on M.C.P. No. 501 of 2002 for grant of interim relief.2. It is submitted that the appellant was the tenant, and the respondent has disconnected the electricity supply from the suit house, which the appellant is in possession and she is residing therein with her children. It is further submitted that the daughters of the appellant are pursuing studies and preparing for examinations and in the absence of essential service like electricity they are facing great inconvenience. It is stated that there is separate meter and amount was offered towards electricity charges but the power has not been supplied.3. Counsel for the appellant relied on Dilbag Singh v. Badri Parsed, 1987 (2) MPWN 219, wherein it has been held that there is no law prohibiting the tenant from taking connection for supply of water to the premises hired by him, it must be deemed that for the purpose of the tenancy for the user of the premises, essential supply of services can be claimed by the tenan...
Lalit Kumar Patre Vs. Ram Bahadur and ors.
Court: Chhattisgarh
Decided on: Sep-12-2002
Reported in: 2003(2)MPHT77(CG)
Fakhruddin, J.1. This appeal was preferred by an unfortunate claimant in the High Court of Madhya Pradesh, which has been received on transfer to this Court. In view of the questions involved in this appeal regarding grant of no fault liability Smt. Geeta Shukla, Advocate present in Court proposed to assist the Court by appearing as Amicus Curiae, Record was given to her. As prayed the matter has been taken after some time.2. Heard learned Counsel for the parties.3. The appellant/claimant has filed this appeal on 12-4-99 for enhancement against the award dated 10-11-1998 passed by the Additional Motor Accident Claims Tribunal, Mungeli. Learned Tribunal found that the appellant suffered permanent disability but, granted only Rs. 5,000/- towards no fault liability.4. The appellant has filed I.A. No. 3287 of 99 for condonation of delay. The application is supported by an affidavit of the then Counsel.5. Heard.6. For the reasons stated in the application for condonation of delay, it is all...
Parasmal Soni Vs. Joga Singh and ors.
Court: Chhattisgarh
Decided on: Sep-11-2002
Reported in: 2003(4)MPHT71(CG)
ORDERFakhruddin, J.1. Heard.2. This revision is against the order dated 10-9-2001 passed by the Ist Additional Motor Accidents Claims Tribunal, Jagdalpur whereby the application filed by the present applicant for disbursing the amount of award so deposited has been rejected.3. Brief facts giving rise to the present application are that in the intervening night of ll/12th January, 1999 a Jeep bearing Regn. No. M.P. 25/8687 owned by the applicant met with an accident when a truck bearing Regn. No. MH-04/9875 which was driven rashly and negligently by respondent No. 1 who is the truck owner-cum-driver dashed the Jeep from the opposite side. In this accident, two persons have died and injuries have been caused to certain number of persons. The Jeep was also badly damaged. The legal heirs of the deceased as well as different injured persons have filed different claim petitions for compensation. The owner of the Jeep has also filed application claiming to the tune of Rs. 1,47,234/- for repai...
Dwarika Prasad and anr. Vs. Krishna Kumar and ors.
Court: Chhattisgarh
Decided on: Sep-11-2002
Reported in: 2002(5)MPHT1(CG)
ORDERFakhruddin, J.1. Heard.2. Applicants are defendant Nos. 2 and 3. Respondent No. 1 is plaintiff, and respondent Nos. 2 to 5 are co-defendants.3. The applicants have filed this revision petition against the order dated 12-10-2001 passed by the Civil Judge, Class-II in Civil Suit No. 204-A/2001 whereby application filed under Order I Rule 10 and Order 9 Rule 7 have been rejected.4. Briefly stated facts are that the plaintiff filed a suit for eviction against the defendants on 19-7-78. During the pendency of the suit one of the tenant-partners Badriprasad died. The application for joining L.Rs. was filed and summons were issued to them to appear on the next date fixed but the proposed L.Rs. refused to accept the summons and did not appear and as such the Court proceeded ex-parte. The defendant Nos. 2 and 3 filed application to set aside the ex parte order dated 10-12-1993. Learned Trial Court held that there is no sufficient cause for condonation of delay and the application is vague....
Saraswati Bai and ors. Vs. Kantabai and ors.
Court: Chhattisgarh
Decided on: Sep-09-2002
Reported in: 2003(1)MPHT91(CG)
ORDERFakhruddin, J. 1. Copy of the appeal with annexures be supplied to Shri Kotecha. 2. Heard. 3. The appeal is against the order dated 27-8-2002 passed by the Additional District Judge, Bilaspur in M.J.C. No. 3/2002, whereby the application filed under Order 9 Rule 9 has been rejected by the Court below.4. The appellants/plaintiffs filed the suit, which was dismissed by the Trial Court. Against the order of Trial Court the plaintiff filed Civil Appeal No. 20-A/2001, which was dismissed on 2-2-2002. It is stated that when the appellants/plaintiffs received a notice on 1-4-2002 issued from the Court ofTehsildar, Lormi only then they came to know that their appeal was dismissed. They contacted their Counsel on 10-4-2002 who informed that on 2-2-2002 he could not appear due to his sickness. Learned Court below finding that the cause shown for non-appearance and delay in filing application for restoration is not sufficient, rejected the application. 5. Learned Counsel for the appellants s...
Gajaropan Yadav and anr. Vs. T.S. Singhdeo and ors.
Court: Chhattisgarh
Decided on: Sep-09-2002
Reported in: 2002(4)MPHT62(CG)
ORDERFakhruddin, J.1. Heard learned Counsel.2. The applicant have preferred this revision against the award dated 3-1-2002 passed by the 1st Addl. Motor Accident Claims Tribunal, Ambikapur, whereby the amount awarded towards no fault liability has been directed to been deposited in the Nationalized Bank in Fixed Deposit for three years.3. Deceased Madhusudhan died on 3-4-2000 on account of an accident while he was driving the vehicle/Tractor bearing registration No. CP.L. 9297.4. Learned Counsel for the applicants submitted that the claimants are legal heirs of the deceased and they are in need of the amount and that the amount be disbursed to them. He relied on a decision of this Court in the case of Smt. Dhano Devi v. Hulas Ram and Anr., reported in 2002(4) M.P.H.T. 12 (CG) = 2002(1) C.G.LJ. 311.5. Rule 228 of the M.P. Motor Vehicles Act relates to disbursement of compensation. It is relevant and quoted below :--'228. Procedure of disbursement of compensation under Section 140.-- Leg...
Smt. Chandrakanta Shrivastava Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Sep-06-2002
Reported in: 2003(1)MPHT94(CG)
ORDERFakhruddin, J. 1. Heard. 2. Anticipating arrest in connection with Crime No, 2/2002 registered at Police Station, Chakradarnagar, Tehsil and District Raigarh, for the offence punishable under Section 307 read with Section 34, IPC, the petitioner has filed this petition under Section 438, Cr.PC. 3. The prosecution story, in short, is that the appellant is mother-in-law of the victim and the allegation is that the applicant has poured Kerosene oil on the body of victim and set her fire in order to get rid of the victim. The victim sustained burn injuries to the extent of 60% and she was admitted to the hospital. However, the victim is survived and was discharged from Hospital after treatment. She has stated in her case diary statement that it is the applicant who set her fire. The complainant present in the Court showed her face, which shows extent of burn. It is shocking to note that the burn injuries are horrible and it is difficult to see the complainant. 4. Shri P.R. Bhave, Seni...
Krishna Bihari Gupta Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Sep-06-2002
Reported in: 2003(1)MPHT46(CG)
Fakhruddin, J.1. The appellant has preferred this appeal against the judgment and decree dated 7-9-2001 passed by the Additional District Judge, Dhamtari in Civil Suit No. 44-A/91. Briefly stated facts are that the plaintiff filed a suit for declaration of title and permanent injunction along with an application under Order 39 Rules 1 and 2, CPC contending that the appellant was serving in the education department on the post of Principal. When he was transferred from Nawapara (Rajim) to Dhamtari, no Govt. accommodation was allotted to him at Dham-tari. It was contended that on the suggestion of the Sub-Divisional Officer he made construction of the suit house sometimes in the month of June, 1977 by spending about Rs. 15,000/-. In November, 1979 he was transferred to Boys Higher Secondary School, Dhamtari but he remained in occupation of the suit house. Ultimately since it was a Govt. land he was sought to be evicted from the suit house. By memo dated 10-9-85 the Joint Director, Public...
Kailash Bai Vs. Shailendri Bai and ors.
Court: Chhattisgarh
Decided on: Sep-05-2002
Reported in: 2002(4)MPHT56(CG)
Fakhruddin, J.1. Heard learned Counsel for the parties.2. The appellant has preferred this appeal against the judgment and decree dated 18-10-2001 passed by the Second Additional District Judge, Mahasamund, in Civil Suit No. 6-A/2001.3. Briefly stated the facts of the case are that the respondent Nos. 1 and 2 filed a suit for declaration of title, partition and separate possession in respect of suit land and mesne profit. It was contended that Bhagatram was the husband of respondent No. 1. He died in 1986. The suit property was his self-acquired property. Since they found that the name of defendant No. 1/appellant has been mutated, they filed the suit. The appellant denied the claim and contended that the respondent Nos. 1 and 2 had surrendered their right in favour of the appellant taking Rs. 1,50,000/-. During the course of hearing, Shailendri Bai/plaintiff No. 1 examined herself on 14-2-2001. The defendant Kailash Bai did not enter into the witness box. Her husband Chandrashekhar Na...
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