Court : Chhattisgarh
Reported in : 2006CriLJ1764
ORDERDilip Raosaheb Deshmukh, J.1. This order shall dispose of M. Cr. P. No. 771/2005 being on application filed by the applicants under Section 320 read with Section 482 Cr. P.C. for composition of a non-compoundable offence under Section 498A of the I P.C.1A. Briefly stated the facts are as under: Applicant No. 4- Naresh Kumar Agrawal was married to Smt. Manju Devi Agrawal on 11-6-1985. Applicants No. 1 and 2 are the parents and applicants No. 3, 4 and 5 are the brothers of Naresh Kumar Agrawal, applicant No. 6 is wife of one Premchand, younger brother of Naresh Kumar Agrawal and applicants No. 7 and 8 are the brother-in-laws of Naresh Kumar Agrawal.2. Upon a complaint being lodged by Jaiprakash Agrawal on 5-11-1985 for harassment of his sister Smt. Manju Devi Agrawal by the applicants herein on account of demand for dowry, offences under Section 498A of the I.P.C. and Section 4 of Dowry Prohibition Act, 1961 were registered. After investigation, the applicants were prosecuted and co...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005(3)MPHT26(CG)
Dhirendra Mishra, J.1. This appeal is preferred by the defendant/tenant against the impugned judgment and decree dated 27-11-2002 passed by Additional District Judge, Rajnandgaon in Civil Appeal No. 5 A/99 by which the judgment and decree of eviction dated 29-9-99 passed by Civil Judge Class I in Civil Suit No. 3 A/1997 has been confirmed.2. Facts of the case in brief are that plaintiffs are the owners of the suit property and the defendant is the tenant. The case of the plaintiffs before the Trial Court was that they were the money lenders and dealing in the jewellery business. They are doing the said business in the small tenanted premises which they had taken on monthly rent of Rs. 400/- from one Prakash Chandra Bhandari. The further case of the plaintiffs before the Trial Court was that the said tenanted premises is very small and it is very difficult for them to carry on their business at such a small place and the suit premises would be suitable for their business. The plaintiffs...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005(3)MPHT37(CG)
ORDERDhirendra Mishra, J.1. This is the miscellaneous appeal under Order 43 Rule 1 (r) of the CPC preferred against the order of temporary injunction passed by the Trial Court.2. The parties hereinafter shall be described as they were described before the Trial Court.3. The suit for declaration and temporary injunction was filed the plaintiffs, as the sale deed executed by defendant No. 2 in favour of defendant No. 1 is not binding on the plaintiffs and thus, does not transfer any title to the purchaser by defendant No. 2.4. The case of the plaintiffs before the Trial Court is that late Kushal Singh and Bhuwneshwar Singh were the owners of 33.804 hectares of land and after their death, the land was recorded in the name of their successors. However, the widow of Kushal Singh, i.e., defendant No. 2 got her name mutated over the suit land. Though the widows by their cast do not succeed in their community and they are entitled for livelihood and maintenance only. It was further pleaded tha...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005CriLJ3284; 2005(2)MPHT68(CG)
ORDERFakhruddin, J. 1. Heard.2. The present application has been filed for quashing the charges levelled against the applicants for the offences punishable under Sections 420/467/468 of IPC and Sections 13(1)(c) and 13(2) of Prevention of Corruption Act.3. Brief facts of the case are that the State of Chhattisgarh decided to purchase corn and rice from the cultivators on the price fixed by the Government, i.e., Rs. 360/- per quintal and for that M.P. Civil Supply Corporation selected Kondagaon Co-operative Society, Kisan Rice Mill, Kondagaon. The accused persons purchased the rice. This was unearthed by the press. One Nalin Pandey lodged the complaint that the purchase of corn was made on fictitious name and records were manipulated and for that fictitious receipts were prepared in the name of persons either who have died or who have left the concerned village. On that complaint, it was found that Rs. 4,99,763/- have been misappropriated.4. Section 2(c) of the Prevention of Corruption ...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005CriLJ3531; 2005(2)MPHT29(CG)
ORDERV.K. Shrivastava, J.1. Heard on the point whether this bail application will be treated as first or second and whether this application will be heard and decided by this Bench.2. Initially an application under Section 438 of the Cr.PC was filed by the petitioner Umeshwar Dubey in this Court which was registered as M. Cr. C. No. 2084/2001 and the same was rejected on 7-9-2001. Thereafter, second application under Section 438 of the Cr.PC for grant of anticipatory bail was filed by him which was registered as M. Cr. C. No. 2614/2001. On 5-12-2001, this Court granted him ad-interim anticipatory bail in the M. Cr. C. No. 2614/2001, and in compliance therewith, re remained on anticipatory bail upto 28-4-2003. On 28-4-2003, the M. Cr. C. No. 2614/2001 was dismissed by this Court. Against that order of dismissal, he approached Hon'ble Court. Hon'ble the Apex Court, vide order dated 3-6-2003, directed that in the event of surrender and filing of application for grant of regular bail by th...
Tag this Judgment!Court : Chhattisgarh
Reported in : [2005(106)FLR1122]
Sunil Kumar Sinha, J.1. The petitioner has filed this writ petition for quashing the order dated 21.7.1978 (Annexure-D) passed by respondent No. 3, the Disciplinary Authority (The Divisional Manager) as also the order dated 25.1.1979 (Annexure-G) passed by the appellate authority, respondent No. 2 (The Zonal Manager) under the provisions of life Insurance Corporation of India (Staff) Regulations, 1960.2. The facts of the case are that the petitioner was appointed as a Development Officer in the Life Insurance Corporation of India (hereinafter referred to as the 'Corporation') sometime in the year 1964. For the said post he had filled up the Application Form dated 313.1964 in which he had declared his academic qualification as 'Matric passed and appeared in intermediate (result not out so far)'. He has shown his date of birth as 6.5.1938.3. On 12th July, 1977, the petitioner was served with a charge-sheet by the disciplinary authority in which it was specified that the Corporation has r...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005CriLJ3828
ORDERV.K. Shrivastava, J.1. Petitioner has filed this petition under Section 482 of Cr.P.C., for quashing the criminal complaint and proceeding in Criminal Case No. 797/2001 (K. Ravindra Nair v. K. A. Ravindranathan) pending in the Court of Judicial Magistrate First Class (Ku. Pratibha Sathwane), Jabalpur.2. Both, petitioner and respondent No. 1 are the members of Indian Coffee Workers Co-operative Society Ltd., Head Quarter 592, Malviya Marg, Jabalpur (MP). Indian Coffee Workers Co-operative Society Ltd. has its more than 50 establishments located in the States of M.P., Orissa, Kerala, A.P. and Chhatisgarh etc. The respondent No. 1 is working as a Senior General manager in the said society, prior to him the petitioner was the General Manager of the said society. In the month of March, I 999 for the membership of Managing Committee election took place and The petitioner contested to it, who lost. the same. Thereafter he filed a complaint on 29-1 I -1999 against respondent No. 1 K. Ravi...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005CriLJ3793
ORDERFakhruddin, Actg. C.J.1. Shri Sushil Dubey for the appellant.2. Shri Ravindra Agrawal, P. L., for the State.3. Heard.4. The present appeal has been preferred against the order dated 16-8-2004 passed by the First Addl. Sessions Judge, Ambikapur in M.J.C. No. 5/04 whereby the application filed for return of the article has been rejected.5. Briefly stated the facts of the case are that the appellant's son Jitendra Tiwari was prosecuted for an offence punishable under Sections 307 and 294 of IPC as well as Section 25(1-B)(a) of the Arms Act in connection with Crime No. 453/96, P.S. Rajpur, Dist. Sarguja before the Addl. Sessions Judge, Ambikapur in Sessions Trial No. 379/96. The trial Court after considering the material on record acquitted the accused vide judgment dated 1-4-1998. While acquitting the accused, the trial Court directed that the gun seized be returned back to the applicant/present appellant Kanshinath on furnishing the valid licence within two months, otherwise it will...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005(4)MPHT68(CG)
Fakhruddin, Ag. C.J.1. Heard finally, with consent.2. This appeal has been filed against the order dated 30-12-2003 passed by the Motor Accident Claims Tribunal, Jagdalpur whereby the application for interim compensation filed by the appellant had been rejected.3. Brief facts of the case are that the appellant filed a claim petition along with an application under Section 140 of Motor Vehicles Act for grant of interim compensation stating that the accident occurred on 8-11-2002 at about 10.00 P.M. It was stated that while the appellant along with his friend Jaiprakash was going from Bhilai to Jagdalpur on a motorcycle of his brother bearing registration No. CG 04 ZM 2494 namely Bajaj Boxer, and when he reached near Asna Dhaba, a truck bearing registration No. CG 07 ZC 2845 was parked by its driver in the middle of the road without Indicator, Parking light and at the time another vehicle was coming from opposite side and due to bright light of that vehicle, he could not see the parked t...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005CriLJ3248; 2005(3)MPHT43(CG)
ORDERV.K. Shrivastava, J.1. The petitioner has filed this petition under Section 482 of the Cr.PC for quashing and setting aside the FIR registered at Police Station Kotwali, Jashpur on 6-5-2004, the investigation and the proceedings pending in Crime No. 113/2004 on the basis of the said FIR.2. For deciding this petition, the facts in brief compass are that, the petitioner is an IAS Officer, who was posted as Collector, Jashpur from 4-12-2000 to 2-1-2003. The respondent No. 3, Smt. Lily Kujur, during that period, was posted as Supervisor in the Woman and Child Welfare Department and the said Department was under control of the Collector, Jashpur. Smt. Lily Kujur sent a complaint to various higher authorities including Police specifically alleging that the petitioner, who was the Collector, Jashpur, very often called her to his bungalow, and instead of official work, on such pretext, used to talk about her personal life. On 16-10-2001, she was called by the petitioner. She refused to go...
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