Chhattisgarh Court April 2005 Judgments
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Shant Kumar Jaiswal Vs. Nand Kumar Patel and ors.
Court: Chhattisgarh
Decided on: Apr-29-2005
Reported in: AIR2006Chh18; 2006(1)MPHT45
ORDERL.C. Bhadoo, J.1. This order shall govern the disposal of I. A. No. 2602/2004 filed on behalf of respondent No. 1 Nand Kuraar Patel, the returned candidate, for dismissal of the election petition for non-compliance of the mandatory provisions of law, i.e., proviso to Section 83 read with Rule 94-A of the Conduct of Election Rules, 1961 for not filing the affidavit in Form 25 as prescribed under above Rule 94-A of the Conduct of Election Rules, 1961.2. By way of this election petition the petitioner has called in question the election of respondent No. 1 herein as Member of Legislative Assembly of Chhattisgarh from the Constituency No. 18-Kharsiya, which was held on 1-12-2003 and the result was declared on 4-12-2003. The petitioner herein was the independent candidate whereas respondent No. 1, who won the election, was the candidate of Indian National Congress party. The petitioner herein has questioned the election of respondent No. 1 on the ground of corrupt practices as mentione...
V.K. Walnekar and ors. Vs. Bilaspur Raipur Kshetriya GramIn Bank and a ...
Court: Chhattisgarh
Decided on: Apr-29-2005
Reported in: AIR2006Chh92
Sunil Kumar Sinha, J. 1. In this batch of appeals, a question to be considered is whether the Letters Patent Appeals are maintainable in this High Court?2. The resume necessary for adjudication is as under:The State of Chhattisgarh came into existence on 1st of November 2000, that is the appointed day, pursuant to M.P. Reorganisation Act, 2000 (hereinafter referred to as the Act of 2000). It is a successor State. Part IV of the Act of 2000 relates to establishment of the High Court. Section 21 provides that from the appointed day, there shall be a separate High Court for the State of Chhattisgarh (hereinafter referred as 'the High Court of Chhattisgarh') and the High Court of Madhya Pradesh shall become the High Court for the State of Madhya Pradesh. Section 22 provides for Judges of Chhattisgarh High Court and Section 23 provides for the jurisdiction of the Chhattisgarh High Court. It has been stipulated in the Act of 2000 that the High Court of Chhattisgarh shall have, in respect of ...
Ghanshyam Das Tharwani Vs. Smt. Neeta Tharwani
Court: Chhattisgarh
Decided on: Apr-28-2005
Reported in: AIR2006Chh10; 2005(4)MPHT1(CG)
V.K. Shrivastava, J.1. This appeal is directed against the judgment and decree dated 6-9-2001 passed by Vth Additional District Judge, Bilaspur in Civil Suit No. 117-A/2000 whereby dismissing the suit for grant of divorce.2. Appellant was married to respondent on 6-2-1997 according to Hindu Rites and out of their wedlock one female child namely Vyshali was born on 30-12-1997. At present, respondent alongwith her daughter is residing in her parental home at Akola.3. Appellant had a joint family, to escape living in joint family respondent started creating pressure on the appellant by various means and to achieve her goal she started using abusive language to her in-laws as well as her husband, very often she used to remove streak of vermilion put over the hair-parting, break her bangles, beat family members and children, break the goods and chattals and if refrained she used to threat appellant and her in-laws to implicate them in a false case. She started alleging her husband that he h...
Rajkumar Vs. State of Madhya Pradesh (Now Chhattisgarh)
Court: Chhattisgarh
Decided on: Apr-27-2005
Reported in: 2006CriLJ2472
L.C. Bhadoo, J.1. Appellant-Rajkumar has preferred this appeal under Section 374(2) of the Code of Criminal Procedure through the Jailor, Central Jail, Bilaspur questioning the legality and correctness of judgment of conviction and order of sentence dated 12th May, 1998 passed by learned 7th Additional Sessions Judge, Bilaspur in Sessions Trial No. 214/97 whereby learned Additional Sessions Judge after holding the accused/appellant guilty under Section 302 of the I.P.C. for committing murder of his father Aadhaar, sentenced him to undergo imprisonment for life.2. Brief facts leading to filing of this appeal are that on 13-2-1997 when deceased Aadhaar, father of accused/appellant herein, was sleeping in the house on a cot by covering his body with a chadar, the accused/appellant all of a sudden picked up the lathi, which was lying near the cot, attacked the deceased with the same on his head, as a result of which deceased sustained severe injuries, even the skull was fractured. On comin...
Smt. Priti Dubey Vs. Pramod Kumar Agrawal
Court: Chhattisgarh
Decided on: Apr-25-2005
Reported in: 2005(4)MPHT71(CG)
Sunil Kumar Sinha, J.1. This appeal under Section 100 of the Code of Civil Procedure has been directed against the judgment and decree dated 20-12-2004 passed in Civil Appeal No. 11-A/2003 by the District Judge, Raipur (CG) arising out of judgment and decree dated 1-2-2003 passed in Civil Suit No. 132-A/2002 by the 3rd Additional Judge to the Court of First Civil Judge, Class-I, Raipur (C.G.).2. Briefly stated facts are that the plaintiff namely Pramod Kumar Agrawal filed a civil suit for eviction in relation to a tenanted premises identified as Flat No. 1 in building Kamla Sadan, Brahmanpara, Raipur. The plaint allegations are that this premises was given on monthly rent to defendant No. 1 for residential purposes under a written Agreement (Ex. P-1). It was being used for residential purposes through out. However, in the year 1995, the wife of defendant No. 1 started the work of beautician in one part of the said premises which was objected by the plaintiff. It was not stopped but lat...
Smt. K. Thakur Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Apr-15-2005
Reported in: 2005(5)MPHT71(CG)
ORDERL.C. Bhadoo, J. 1. The petitioner, who is working as Multipurpose Health Worker, has preferred this writ petition under Article 226/227 of the Constitution of India questioning the legality and propriety of the order dated 5-1-2004 (Annexure P-7) whereby the order dated 1-10-2003 (Annexure P-5) transferring the petitioner from Sub Health Centre, Chihro, Sub Division, Daundi,District Durg to Sub Health Centre, Kolihapuri, Sector Chandkhuri, Primary Health Centre, Nikum, District Durg has been cancelled, and also the order dated 23rd June, 2003 (Annexure P-2), whereby the petitioner's posting at Sub Health Centre, Chihro, Sub Division, Daundi has been restored.2. Brief facts leading to filing of this writ petition are that the petitioner is a Health Worker under the Health, Family Welfare and Medical Education Department. Vide order dated 8-1-2002 (Annexure P-l) on her own request the petitioner was transferred from Primary Health Centre, Khandsara, Sub Health Centre, Mau, District ...
Bharat @ Bhrat and anr. Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Apr-15-2005
Reported in: 2005(4)MPHT33(CG)
ORDERSunil Kumar Sinha, J.1. In this revision, filed under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the 'Act 2000'), the two juveniles namely Bharat @ Bhrat and Shobha @ Sunny have called in question the legality and propriety of the order dated 15-2-2005 passed in Criminal Appeal No. 36 of 2005 by the Sessions Judge, Raipur, arising out of the order dated 19-1-2005 passed in Criminal Case No. 462 of 2004 by the Juvenile Justice Board, Raipur (CG). The Board had dismissed the bail; application of these juveniles filed under Section 12 of the Act 2000 by the said order dated 19-1-2005 which was confirmed in appeal filed under Section 52 of the aforesaid Act.2. Briefly stated facts giving rise to the filing of the present revision are as follows :--These two juveniles were arrested on 4-12-2004 at 18.00 hours in connection with Crime No. 584/2004 registered at Police Station, Mahasamund for the offence punishable under Sec...
Abdul Abbas Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Apr-13-2005
Reported in: 2005CriLJ3051; 2006(1)MPHT66(CG)
ORDERSunil Kumar Sinha, J.1. The applicant has preferred this anticipatory bail application apprehending his arrest in Crime No. 17 of 2004 of Police Station A.J.K., Ambikapur, Distt. Sarguja for the offences punishable under Sections 294, 506 read with Section 34, I.P.C. and Sections 3(1)(v) and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.2. The case of the prosecution is that the complainant, who belongs to Special Caste (Uraon) is having a piece of land admeasuring 0.026 Ars. bearing Khasra No. 205/4 at Nawagarh near Kharsia Road, Ambikapur. The applicant along with other persons started some construction over the said land and when the same was resisted, the applicant and other persons abused the complainant by using filthy language relating to his caste. The First Information Report is a written document.3. Learned counsel for the accused-applicant argues that there is no positive evidence on record which may attract the provisions of ...
Yogendra Singh Badoria Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Apr-06-2005
Reported in: 2005(3)MPHT81(CG)
ORDERV.K. Shrivastava, J. 1. Being aggrieved by the order dated 11-10-2001 in Criminal Case No. 1851/1995 (State v. Ram Prasad Pandey and three Ors.) passed by Chief Judicial Magistrate, Jagdalpur, Bastar, petitioner has preferred this revision.2. Facts material for disposal of this revision, in brief compass, are that the petitioner was duly elected President of District Co-operative Central Bank Limited, Jagdalpur, Bastar. For proper functioning of the business of the Bank bylaws have been framed. Non-applicant No. 4, Balkrishna Agrawal applied for grant of loan for establishment of printing press namely as Sarita Printers and Publishers, Jagdalpur. The said application was forwarded to Apex Bank, Bhopal on 18-9-1993. On 27-9-1993 to discuss various agendas a meeting of Loan Sub-Committee was organized. Petitioner was the Chairperson of that Committee. There was no agenda to consider the matter regarding sanction of loan to Balkrishna Agrawal, but on the initiation of the petitioner,...
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