Chhattisgarh Court January 2004 Judgments
Kamlesh Ratre Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jan-29-2004
Reported in: 2004(1)MPHT99(CG)
ORDERK.H.N. Kuranga, J.1. Heard both the Counsel.2. This petition under Section 439 of Cr.PC has been filed by applicant-Kamlcsh Ratre for grant of bail. He is the accused in Crime No. 128/2003, registered in Police Station : Excise Department, Rajnandgaon, for the offence punishable under Section 34 (1) (a) of the C.G. Excise Act.3. The case of the prosecution is that 33.12 bulk litres of liquor was seized from the house of the applicant on 13-12-2003.4. Learned Counsel for the applicant submitted that the prosecution has not collected any material to show that the applicant was owner of the house from which the liquor was seized, which is not disputed by learned Counsel for the State. He further submitted that it is not stated in the seizure panchnama that the applicant was the only inmate of the house from which the liquor was seized which is also not disputed by learned Counsel for the State. The applicant is aged about 27 years and he is in jail since 13-12-2003.5. Having regard t...
Tag this Judgment!Manju Agro Pvt. Ltd. Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Jan-23-2004
Reported in: AIR2004Chh18
ORDERFakhruddin, J.1. By this writ petition filed under Art. 226/227 of the Constitution of India, petitioner, prays for issuance of a writ in the nature of mandamus or any other appropriate form of direction/order restraining the respondents Nos. 1 to 17 from issuing work/purchase orders to respondents No. 32 to 35. Further prayer of the petitioner is to the effect that respondents No. 1 to 31 be commanded to implement the clause of earnest money exemption to Small Scale Industrial Unit of Chhattisgarh State as per the Clause 4.7 of Chhattisgarh State Store Purchase Rule 2002. Petitioner has also further prayed that tender of the petitioner be opened as the same has not been opened.2. The petitioner is a manufacturer of Daliya and ready-to-eat food. It is a Small Scale Industrial Unit duly registered. Copy of the certificate of the registration has been filed vide Annexures P-29 & P-30, As such. it has been established and is working at Raipur. It is submitted that respondent No.2 pub...
Tag this Judgment!Ladu Ram Vs. Collector and ors.
Court: Chhattisgarh
Decided on: Jan-08-2004
Reported in: 2004(1)MPHT75(CG)
ORDERFakhruddin, J.1. By this writ petition filed under Article 227 of the Constitution of India petitioner is challenging the order dated 17-7-2001 (Annexure P-6) passed by respondent No. 1/Collector whereby it was directed recounting of the votes.2. Briefly stated the facts are that the petitioner and respondent No. 4 contested the election of Janapad Panchayat Constituency No. 8 Korkoti, Tehsil Keshkal (Bastar) which was held on 1-2-2000. At the time of counting respondent No. 4 raised objection that certain arithmetical errors were committed by the Presiding Officer in filling up chart of booth No. 8. Thereafter, the Returning Officer sent the entire papers to the Collector for deciding the matter in accordance with law. Subsequently respondent No. 4 filed election petition before respondent No. 1/Collector, Bastar. After hearing the parties, the Collector passed the order dated 21-11-2000. Pursuant to the said order, respondent No. 1 declared the result on 22-2-2001 and issued the...
Tag this Judgment!Ashwani Kumar and ors. Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jan-06-2004
Reported in: 2004(1)MPHT94(CG)
ORDERFakhruddin, J.1. Heard.2. The applicants arc being prosecuted for the offence punishable under Section 306/34, IPC before the Fast Track Court, Janjgir in Sessions Trial No. 41/2003.3. At the conclusion of the trial, an application under Section 311, Cr.PC was filed by the prosecution stating that the Head Constable who had registered the Merg Intimation No. 67/2001 could not be included in the list of witnesses due to mistake. It was urged that the examination of the said Head Constable is material and necessary. The said application was opposed. However, the Trial Court arriving at a conclusion that the said witness is material and necessary allowed the application and the summons have been issued. Being aggrieved by the said order, the applicants have filed this petition.4. Learned Counsel for the applicants contended that the Court below erred in holding that any amendment like adding the name of the witness in previously filed challan paper comes under Section 311, Cr.PC, whe...
Tag this Judgment!Sushila @ Chameli and anr. Vs. Santram Sahu
Court: Chhattisgarh
Decided on: Jan-06-2004
Reported in: 2004(1)MPHT101(CG)
ORDER1. I.A. No. 4530/2003 for urgent hearing is allowed.Heard.2. This petition under Section 482 of Cr.PC has been filed against the order dated 28-3-2003 passed by the IV Additional Sessions Judge, Raigarh. The applicant had filed an application for grant of maintenance under Section 125 of Cr.PC. The Trial Court passed the order dated 29-4-2002 for grant of maintenance to applicants at the rate of Rs. 500/- each per month. Against the said order, the applicants filed revision for enhancement whereas the non-applicant husband Santram also filed a revision against the same order for setting aside the order of grant of maintenance. Both these revisions were pending in the Court of IV Additional sessions Judge. The Court having noted that since both the revisions arise out of the same order, they have to be heard analogously. The Court requested to the Counsel appearing on behalf of the applicants to take notice of the revision of other side. It is stated that the Counsel declined to ta...
Tag this Judgment!Shri Mudhu Venkat Narayan Rao Memorial School Society Vs. State of C.G ...
Court: Chhattisgarh
Decided on: Jan-05-2004
Reported in: 2004(1)MPHT89(CG)
ORDERFakhruddin, J.1. The petitioner has filed the present petition challenging the order dated 17-1-2003 passed by respondent No. 1 received under Reference No. 176/ 2003/11/Ba. U. Raipur, dated 20-1-2003.2. The facts in brief are that the petitioner is an office bearer of the Society registered as Shri Muddu Venkat Narayan Rao Memorial School Society. The election of the Society was to be held on 5-1-2003 and for that purpose the meeting was called on 3-11-2002. Annexure P-8 is the document in that regard. It is said that the election was accordingly held on 5-1-2003 as per Annexure P-9 and the list of office bearer was submitted by the Secretary as per Annexure P-10. Annexure P-11 is the certificate issued by the Assistant Registrar under Section 27 of the Society Registrikaran Adhiniyam, 1973 (hereinafter referred to as the 'Adhiniyam' in short) dated 15-1-2003. Respondent Nos. 4 to 11 filed an appeal under Section 40 of the Adhiniyam on 17-1-2003 before the Bharsadhak Adhikari sta...
Tag this Judgment!P.K. Roy Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Jan-05-2004
Reported in: 2004(3)MPHT8(CG)
ORDERL.C. Bhadoo, J. 1. The applicant has moved this petition under Section 439(2) of the Cr.P.C. for cancellation of order granting regular bail to respondent Nos. 2 and 3 by the Chief Judicial Magistrate, Bilaspur, vide order dated 28-7-2003.2. Facts leading to filing of this petition are that the applicant's daughter namely, Sangeeta's marriage was solemnized with respondent No. 2 Animesh Bhattacharya on 12-12-2000. Respondent No. 3 is mother of respondent No. 2. On 08-1-2003 Sangeeta died of asphyxia on account of hanging by neck while she was residing with respondent No, 2 at his residence and it is said that three anti-mortem injuries were found on the body of deceased Sangeeta. When the applicant, who is father of Sangeeta, came to know about this fact, he immediately rushed to Bajaj Nursing Home, Bilaspur, where respondent No. 2 had taken Sangeeta for treatment. On reaching the nursing home he found that Sangeeta's body was lying in the auto rickshaw and Bajaj Nursing Home refu...
Tag this Judgment!Trigunanand Pandey Vs. South Eastern Coalfields Limited and ors.
Court: Chhattisgarh
Decided on: Jan-02-2004
Reported in: 2004(1)MPHT86(CG)
ORDERFakhruddin, J.1. With consent heard finally.2. The petitioner has filed this petition for setting aside the order (Annexure P-11), dated 2/3-12-2002 whereby his application for voluntary retirement has been accepted. The petitioner's contention is that his Voluntary retirement has been illegally accepted even without any formal/proper application made by him.3. The respondent have filed return. The respondents in the return have made categorical statement that the petitioner was retired from the service on his own request. They have filed Annexures R-l showing that the petitioner himself applied for voluntary retirement. Annexure R-l is relevant and quoted below :--'To,The Chief General Manager,South Eastern Coal Fields Limited, Gcvra Area,Through :-- Proper channel.Subject:-- Application for Voluntary Retirement. Respected Sir, With due respect I wish to inform that I am working in Colony Power Supply & Maintenance (E & M) Department of Urja Nagar, Gcvra Area. I am not in a condi...
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