Court : Chhattisgarh
Reported in : 2005(4)MPHT25(CG)
ORDERL.C. Bhadoo, J.1. The petitioners who are defendant Nos. 1 and 2 in the suit pending in the Court of the 3rd Additional Civil Judge Class II, Bilaspur have preferred this writ petition questioning the legality of order dated 28-3-2005 passed by learned Additional District Judge, Bilaspur in Miscellaneous Civil Appeal No. 11/05 whereby learned Additional District Judge allowed the miscellaneous civil appeal filed by respondent No. 1 herein and set aside the order dated 9-3-2005 passed by learned 3rd Additional Civil Judge whereby the application filed by respondent No. 1 herein under Order 39 Rules 1 and 2 of the CPC was rejected. The Appellate Court directed the petitioners herein not to stop respondent No. 1 from collecting the tax from the weekly cattle fair of Gram Panchayat Jhalmala.2. Brief facts, as set out in the writ petition, are that respondent No. 1 herein filed a civil suit in the Court of learned 3rd Additional Civil Judge, Class-II, Bilaspur for issuance of permanent...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005(4)MPHT41(CG)
ORDERV.K. Shrivastava, J.1. The plaintiffs-respondent Nos. 1 to 3 filed a suit for declaration and injunction alongwith an application under Section 91(1)(b) of the Code of Civil Procedure for permission to file the suit on the ground that the suit property is recorded as Gothan in revenue record and the defendants-applicants are making construction over the said property and thereby causing public nuisance and by so wrongful act affecting the public. The defendants-applicants opposed the application, and filed an application under Order VII Rule 11 of the Code of Civil Procedure stating that, the plaintiffs may avail relief from the Revenue Court under the Land Revenue Code and notice under Section 80 of the Code of Civil Procedure has not been served on the Government, therefore, the suit, being barred by law, is not tenable.2. Learned Trial Court, vide impugned order dated 21-9-1998, allowed the application filed by the plaintiffs-respondent Nos. 1 to 3 under Section 91(1) of the Co...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(1)MPHT14
ORDERDhirendra Mishra, J.1. The present petition has been filed by the applicants under Section 482 of the Cr.PC praying for quashing of the criminal proceedings initiated against them on the basis of the FIR lodged by non-applicant No. 2 herein.2. Brief facts necessary for adjudication of this petition are that the non-applicant No. 2 submitted a written report to the Station House Officer of Police Station, Jagdalpur on 15-1 -2001 and on the basis of which after conducting preliminary enquiry Crime No. 20/2001 was registered against the applicants and the husband of non-applicant No. 2, namely Jayantilal.3. The allegations in the written report against the applicants are that the non-applicant No. 1 was married to Jayanti Lal Jain on 6-6-91. One month after the marriage the applicants started harassing non-applicant No. 2 demanding dowry. Non-applicant No. 2 gave birth to a daughter on 16-6-92 at Jagdalpur. After birth of the daughter husband of non-applicant No. 2 Jayantilal started...
Tag this Judgment!Court : Chhattisgarh
Reported in : II(2006)ACC206
A.K. Patnaik, C.J.1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 23rd March, 1996 passed in Claim Case f No. 25 of 1994 by the VI Additional Motor Accident Claims Tribunal, Raipur.2. The facts briefly are that on 4th April, 1992 in the evening around 7 p.m. Tikamchand was driving a Luna and the appellant was sitting behind him. A jeep bearing Registration No. M.B.T. 8304 came from front side and dashed adjacent the Luna. As a result of the said accident, the appellant was thrown away about 8-10 feet and as a consequence, he received a fracture in his left leg. He was hospitalized in O.K. Hospital for a period of one month. He filed the aforesaid claim case before the Tribunal claiming a compensation to the tune of Rs. 2,65,000. The Tribunal however, worked out a sum or Rs. 31,200 as loss of income and sum of Rs. 5,000 towards medical expenses and finally awarded a sum of Rs. 36.000 along with interest @ 12% per annum calculated from the d...
Tag this Judgment!Court : Chhattisgarh
Reported in : II(2006)ACC358
A.K. Patnaik, C.J.1. This is an appeal against the award dated 9th April, 1996 in Claim Case No. 70/94 passed by the First Additional Motor Accident Claims Tribunal, Durg.2. The facts briefly are that Dulal Poddar was travelling in the scooter on 28th December, 1992 from Chhawani Police Station, Power House on Nandini Road, Bhilai at about 6.30 in the evening. A truck bearing registration No. M.B.K, 7110 came from the opposite direction, first hit another truck bearing registration No. M.P.T. 8859 and thereafter hit Dulal Poddar. As a result of the aforesaid accident, Dulal Poddar suffered injuries. He was brought to the hospital where he succumbed. On 29th December, 1992 appellant No. 1, his wife, appellants 2 and 3, his children and appellant No. 4 his mother, filed the aforesaid claims case before the First Additional Motor Accident Claims Tribunal, Durg. On the basis of the evidence adduced, the Tribunal determined the quantum of compensation to be payable on account of the acciden...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(1)MPHT86(CG)
ORDERA.K. Patnaik, C.J. 1. In these two writ petitions under Articles 226/227 of the Constitution of India, the order dated 2-4-2004 passed by the Registrar, Co-operative Societies, Chhattisgarh, Raipur in Review Case No. 80-01/2004 has been challenged.2. The facts relevant for the disposal of these two writ petitions briefly are that the District Co-operative Central Bank, Raipur/respondent No. 2 (for short 'the Co-operative Bank') is a Co-operative Society registered under the Madhya Pradesh Co-operative Societies Act, 1960 which has renamed after its adaptation to the State of Chhattisgarh as the Chhattisgarh Co-operative Societies Act, 1960 (for short 'the Act'). Respondent Nos. 2 to 6 who are delegates of their respective primary societies were elected as Directors of the Board of the Co-operative Bank. Respondents 3 and 4 were also the Chairman and Vice Chairman of the Co-operative Bank. Respondents 3, 4, 5 and 6 were also members of the Staff Sub Committee of the Co-operative Ba...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005(4)MPHT15(CG)
A.K. Patnaik, C.J.1. This revision is under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for short 'the Act') against the award dated 19-5-1996 passed by the Madhya Pradesh Arbitration Tribunal, Bhopal in Reference Case No. 27/1990.2. The facts briefly are that the petitioner filed the said reference case No. 27/1990 before the M.P. Arbitration Tribunal under Section 7 of the said Act. The case of the petitioner in the said reference case was that the Executive Engineer, Mahanadi Reservoir Project, Canal Division No. 1, Rudri invited tenders for the work of a pit near Right Guide Bund and in response thereto the petitioner quoted a rate of 1.26% above the schedule rate of tender and the tender of the petitioner was accepted by the Executive Engineer and an agreement was executed between the petitioner and the Executive Engineer. In accordance with the agreement, the petitioner completed the work and submitted the first and final bill of Rs. 74,188.30 for the ...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005(3)MPHT50(CG)
ORDERA.K. Patnaik, C.J.1. In this writ petition under Article 226/227 of the Constitution of India, the petitioners have challenged the order dated 22-9-1999 passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur in Original Application No. 456 of 1991.2. The facts briefly are that the respondent No. 2 was working as a Permanent Way Inspector under the South Eastern Railways. A departmental enquiry was initiated against the respondent No. 2. In the said departmental enquiry two articles of charge were framed against respondent No. 2. The two articles of charge are as follows :--'Article I : That the said Shri B.P. Singh while functioning as PWI/MBY during 1986 had accepted 989 pcs. of B.G. Sal wooden sleepers/special from the associates of M/s. M.P. Export Corp. Ltd. without Booking Instructions, of Dy. GE/SLC/GRC or any instruction from his superior officers.By the above act Shri Singh failed to main absolute integrity devotion to duty and acted in a manner which is u...
Tag this Judgment!Court : Chhattisgarh
Reported in : I(2006)ACC706; 2006ACJ2829
A.K. Patnaik, C.J.1. This is an appeal against the order dated 6.1.1996 passed by the Motor Accidents Claims Tribunal, Bilaspur in Claim Case No. 10 of 1994.2. The case of the appellant before the Tribunal was that on 23.6.1993, appellant was going to village Jokhi and respondent No. 1 driving a Hero Honda motor cycle bearing registration No. MIL 1800 dashed against the appellant near a wine shop and as a result the appellant sustained injuries and fell unconscious and when he regained consciousness he found himself in a hospital. An F.I.R. was lodged on 26.6.1993 at Police Station, Civil Lines, Bilaspur by the appellant. Further case of the appellant was that he suffered injuries on his right hand and as a result he was unable to carry on with his work of carpentry. He suffered medical expenses of Rs. 5,000 and also other losses. He, therefore, claimed a sum of Rs. 3,88,000 towards compensation for loss and Rs. 5,000 towards medical expenses. But the Claims Tribunal dismissed the clai...
Tag this Judgment!Court : Chhattisgarh
Reported in : I(2006)ACC656; 2007ACJ57
A.K. Patnaik, C.J.1. This is an appeal under Section 173 of Motor Vehicles Act, 1988 against the award dated 1.2.1994 of the Fourth Additional Motor Accidents Claims Tribunal, Bilaspur in Claim Case No. 52 of 1990.2. The facts briefly stated are that the appellant was working as Assistant Engineer in Irrigation Department in the State of Chhattisgarh. In the year 1990 he was posted as Sub-Divisional Officer of Bango Division of the Irrigation Department. On 7.6.1990 while he was going to Bilaspur by his official jeep having registration No. MPZ 7699 in connection with some official work, he met with an accident with bus having registration No. MP 26-0301 which was coming from the opposite direction. The said bus was insured with Oriental Insurance Co. Ltd., respondent No. 3. In the accident the left eye of appellant was completely damaged and appellant claimed a total compensation of Rs. 7,80,000. The claim was contested by insurance company, respondent No. 3 and Tribunal awarded a tot...
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