Court : Chhattisgarh
Reported in : 2006(3)MPHT70
V.K. Shrivastava, J.1. This appeal is directed against the judgment and decree dated 13-3-1996 passed by IInd Additional Distt. Judge, Rajnandgaon, in Civil Suit No. 18-B/94 whereby the suit filed by the respondents for recovery of Rs. 71,607/- alongwith interest, has been dismissed.2. For disposal of this appeal materials facts, in brief compass, are that the appellant invoking the provisions contained in Order 37 of the Code of Civil Procedure, 1908 instituted a Civil Suit for recovery of Rs. 71,607/- alongwith interest. The claim was made on the averment that the respondent No. 1 applied for a medium term commercial loan of Rs. 37,500/- in the shape of term loan facility for purchase of new Bi-cycles and accessories. After due processing of the application, the above term loan was sanctioned and on 28-9-1989 the loan was disbursed from the loan Account No. T.L./89/13. Respondent No. 2 stood surety for the said loan. Both the respondent Nos. 1 and 2 executed several documents against...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(1)MPHT105(CG)
ORDERSatish K. Agnihotri1. The present petition filed under Article 226 of the Constitution of India impugns the orders dated 13-3-2003 and 28-2-2003 (Annexure P-l filed collectively) whereby a sum of Rs. 98,917/- has been directed to be deducted from the retiral dues of the petitioner.2. Undisputed facts, in the present case, are that the petitioner was appointed as Assistant Teacher in the Department of Tribal Development on 30-74961. Subsequently, he was promoted to the post of Lecturer and thereafter to the post of Principal. On 31-5-2002, the petitioner while working as Principal retired on attaining the age of superannuation from the Government Higher Secondary School, Gharghora, District Raigarh. The petitioner received communications dated 13-3-2003 and 28-2-2003 (Annexure P-l collectively) whereby it was directed that a sum of Rs. 98,917/- be deducted from the pensionary benefits settled to the tune of Rs. 2,96,670/-.3. The petitioner has filed this petition praying that the i...
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2006Chh83; 2006(1)MPHT109(CG)
ORDERDhirendra Mishra, J.1. This is the miscellaneous appeal under Order 43 Rule 1 (r) of the Code of Civil Procedure as the application of temporary injunction preferred by the plaintiff/appellant has been rejected by the learned Trial Court by the impugned order 18-3-1993. (Parties hereinafter shall be described as per their description before the Trial Court).2. Brief facts necessary for adjudication of this appeal are that the plaintiff filed a civil suit for declaration and perpetual injunction against the defendant/State averring that the suit land situated at Village Kusumi, Tehsil Samri, Distt. Surguja admeasuring 0.020 hectare was allotted to him by the Tehsildar vide order dated 29-9-1984 passed in Revenue Case No. 141-A year 1983-88/A 19 (1) and since then he is doing his hotel business as Bhumiswami of the said plot. However, he was served with a notice dated 15-1-1993 by Sub Divisional Officer, Public Works Department calling upon him to remove the encroachment within thre...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2007ACJ1804; AIR2006Chh77
Dhirendra Mishra, J.1. The appellant/Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for brevity 'the Act of 1988') as he is aggrieved by the award dated 5-11-1999 passed by the IIIrd Additional Motor Accidents Claims Tribunal, Durg in Claim Case No. 16/95 whereby compensation of Rs. 20.000/- in favour of the claimant/respondent No. 1 towards damages caused to his vehicle in the motor vehicle accident was awarded.2. Brief facts necessary for adjudication of this appeal are that respondent No. 1 is the owner of matador 407 bearing registration No. M.P. 24-C/1592 which was insured with the appellant. On 18-11-1994 when the insurance policy of the said vehicle was in force, the vehicle was involved in an accident and was severely damaged. An offence under Section 304A of the Indian Penal Code was registered against respondent No. 2. The claimant/respondent No. 1 preferred an application under Section 166 of the Act of 1988 claiming compensati...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2(2006)DMC262
ORDERSunil Kumar Sinha, J.1. Heard.2. The applicants have filed this application under Section 438 of the Cr. P.C. for grant of anticipatory bail.3. Case diary of Crime No. 94/2005, registered at Police Station, Modahapara, District Raipur for the offence punishable under Section 306 of the IPC perused.4. The facts of the case are that the deceased namely-Abhinav Shrivastava was married to one of the accused-Suit. Sarjana Shrivastava in the year 2001. Out of their wedlock, they had a 2 years old girl. The deceased committed suicide on 8.6.2005 in Raipur by jumping from Farishta Complex, Raipur. He left a suicidal note dated 8.6.2005, filed as page No. 25 along with the objection filed by the Objector. It has been mentioned in the suicidal note that since the wife has lodged a report under Section 498A of the IPC and she is pressuring the deceased to give her divorce, he has committed suicide. In the last 4 lines of the suicidal note, he has mentioned that the persons namely, Smt. Sarja...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(2)MPHT39(CG)
ORDERSunil Kumar Sinha, J.1. Heard.2. Case diary of Crime No. 81/2005 registered at Police Station Kawardha, Distt. Kabirdham (C.G.) for the offence punishable under Sections 294, 323, 506/34, IPC read with Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, perused.3. The case of prosecution is that on 26-3-2005, on the occasion of Holi festival, some procession was going on in Village Madmada, where the complainant namely Ram Roop Satnami resides. The applicants, who are the residents of another village, Bahmani of Distt. Kawardha had also gone to see the procession in Village Madmada. It is alleged that during the course of procession, these applicants started eve-teasing the girls, which was opposed by the complainant. The further allegations are that when the complainant opposed the applicants for their said act, these applicants abused him and assaulted one Lala @ Amrit Das. The First Information Report was lodged on 26-3-2005 by Ram Roo...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(2)MPHT9(CG)
Dilip Raosaheb Deshmukh, J.1. Criminal Appeal No. 374/1990 filed by Munna alias Raghunandan and Criminal Appeal No. 552/1990 filed by Raju are directed against the judgment dated 30th January, 1990 delivered by Shri B.K. Shrivastava, Addl. Sessions Judge to Sessions Judge, Bilaspur in Sessions Case No. 64/1988 whereby the appellant-Raju was convicted under Section 302, IPC for committing murder of Santosh Kumar and the appellant-Munna @ Raghunandan was convicted under Section 302 read with Section 34 of the IPC for committing murder of Santosh Kumar in furtherance of common intention shared with Raju and both were sentenced to imprisonment for life.2. Co-accused Dinesh Jaiswal who was also prosecuted under Section 302 read with Section 34 of the IPC alongwith the above named appellants was absconding throughout the trial and was proceeded under Section 299 of the Code of Criminal Procedure. Appellant-Raju after undergoing sentence was released from Central Jail, Raipur on 18-12-2002 on...
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