Chhattisgarh Court July 2005 Judgments
V.G. Tamaskar Vs. High Court of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Jul-27-2005
Reported in: AIR2006Chh153
A.K. Patnaik, C.J.1. The petitioner is an advocate practising in the High Court of Chhattisgarh and has a background of public service. He has filed this writ petition praying for quashing the designation of respondents 5 to 21 as Senior Advocates of this Court and for directing the High Court of Chhattisgarh to designate all those lawyers who had applied to be designated as Senior Advocates by issuing appropriate writ of certiorari/mandamus. The petitioner has also prayed for directing the High Court of Chhattisgarh to frame separate rules for designating the lawyers as Senior Advocates by issuing appropriate writ of mandamus.2. The petitioner who has appeared in person submitted that a Full Bench of the Allahabad High Court has held in the case of Democratic Bar Association v. High Court of Judicature at Allahabad reported in 2001 (5) SLR 88 : AIR 2000 All 300 that writ petition filed by Association of Advocates and the Advocates practising in the High Court of Allahabad questioning ...
Tag this Judgment!Gulab Khan and ors. Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jul-20-2005
Reported in: 2006(1)MPHT81(CG)
ORDERDilip Deshmukh, J. 1. Heard.2. The manner in which two Judicial Officers in the State of Chhattisgarh have rejected the bail furnished by the accused/appellants in compliance of the order passed by this Court on 7-3-2005 in Criminal Appeal No. 475/2002 Gulab Khan and Ors. v. The State of Chhattisgarh has shocked our judicial conscience compelling us to consider this matter in exercise of suo motu revisional powers.3. Brief facts are that in Criminal Appeal No. 475/2002 vide order dated 7-3-2005 this Court had granted bail to Gulab Khan, Shabbir @ Shabbu and Minaz Khan and had directed that the execution of substantive sentence imposed on them shall remain suspended on their furnishing personal bonds in sum of Rs. 20,000/- with the sureties in the likewise amount to the satisfaction of the Trial Court concerned for their appearance before the said Court on 9lh May, 2005.4. In pursuance to the order passed by this Court, the appellants furnished surety of one Kandaku, son of Sukalu,...
Tag this Judgment!Toranlal and ors. Vs. Smt. Kunwarbai
Court: Chhattisgarh
Decided on: Jul-20-2005
Reported in: 2005(4)MPHT5(CG)
D.R. Deshmukh, J.1. This second appeal is by the defendants against the judgment and decree dated 16th August, 1990 by Shri P.N.S. Chauhan, District Judge, Durg in Civil Appeal No. 10-A/89 whereby the First Appellate Court has reversed the judgment and decree dated 23-1- 89 of the 5th Civil Judge Class-II, Durg in Civil Suit No. 47-A/1986.2. The controversy lies within a narrow compass. Defendant No. 1/ appellant Toranlal is the Ex-Malguzar of Village Janjgiri, Tehsil and District Durg. There was some dispute between the defendant No. I/appellant and the plaintiff/respondent Smt. Kunwar Bai relating to some agricultural land in which the plaintiff/respondent was preventing the flow of water causing damages to the crops of the defendant No. I/appellant. This Civil Suit No. 19-B/77 was dismissed against the defendant No. I/appellant. Aggrieved by the dismissal of his Civil Suit No. 19-B/77, Tomarlal had demolished the wall of the house of the plaintiff and had dug a deep pit on her land....
Tag this Judgment!Utkal Hydrocarbons and Etc. Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Jul-14-2005
Reported in: AIR2006Chh36; 2006(2)MPHT68(CG)
A.K. Patnaik, C.J.1. This batch of writ petitions relates to allotment of bye products of Bhilai Steel Plant as raw materials to different Industries located in the State of Chhattisgarh and were heard analogously and are being disposed of by this common judgment and order.2. The facts briefly are that M/s. Raysinet Kemical Co. and others filed a writ petition Misc. Petition No. 462 of 1981 in the High Court of Madhya Pradesh at Jabalpur before the State of Chhattisgarh was constituted by the Madhya Pradesh Reorganisation Act, 2000 complaining of arbitrary distribution of by products of the Bhilai Steel Plant as raw materials to different Industries and by judgment and order dated 11-10-1984 the said batch of writ petitions were disposed of by the Madhya Pradesh High Court with the direction that the Director of Industries, Madhya Pradesh, in the light of the discussion in the order, will evolve a reasonable formula and allot the raw materials available in the light of the formula to t...
Tag this Judgment!Gurumel Singh Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jul-12-2005
Reported in: II(2005)DMC747
Dhirendra Mishra, J.1. The applicant has preferred this application under Section 439 of the Cr.PC as he has been arrested in connection with Crime No. 395/2005, registered in Police Station, Chhawani, for the offences punishable under Sections 498A and 307 of the IPC.2. The incident is of 11.3.2005 when the applicant who is the husband of the victim assaulted his wife by khurpi and caused her injuries over her head. The victim was hospitalized by her mother-in-law and she was discharged on 15.3.2005. Subsequently, the victim lodged a report after discharge stating that she was assaulted by the applicant in the name of demand of dowry.3. Learned Counsel for the applicant submits that the injuries caused to the victim were simply in nature and she is already discharged from the hospital on 15.3.2005, therefore, taking into consideration that the victim and the applicant are husband and wife, he should be enlarged on ball.4. On the other hand, learned Counsel for the State opposes the ba...
Tag this Judgment!Ajit Singh and ors. Vs. Baijnath Agrawal
Court: Chhattisgarh
Decided on: Jul-08-2005
Reported in: 2005(4)MPHT20(CG)
Y.K. Shrivastava, J.1. This appeal is directed against the judgment and decree dated 26-11-1992 passed by District Judge, Raigarh, in Civil Suit No. 19-A/87, whereby decreed the suit for refund of Rs. 24,000/- with interest instead of decreeing the suit for specific performance of the contract.2. Appellants filed a suit for specific performance of the contract of sale dated 28-7-1984 stating that respondent entered into an agreement on 28-7-1984 with the appellants contracting to sell the suit property to the appellants for a consideration of Rs. 75,000/-. Out of the amount of consideration respondent had already received an amount of Rs. 12,000/- on 5-9-1983 and Rs. 6,000/- on 16-4-1984. Appellants paid Rs. 6,000/- to the respondent on 28-7-2004. Having received the amount of Rs. 24,000/- in all in part payment of the amount of consideration, respondent executed an agreement on 28-7-1984. Under this agreement respondent promised to sell the suit property to the appellants for a consid...
Tag this Judgment!Radhe Shyam Saraf Vs. Smt. Mamta Saraf
Court: Chhattisgarh
Decided on: Jul-08-2005
Reported in: 2005(4)MPHT46(CG)
V.K. Shrivastava, J.1. This appeal is directed against the judgment and decree dated 28-1-2000 passed in Civil Suit No. 50-A/99 by Vth Additional District Judge, Bilaspur, by which the petition filed by the plaintiff/appellant under Section 13 of the Hindu Marriage Act, for decree of divorce has been dismissed.2. Appellant was married to respondent on 26-6-1989 and out of their wedlock one son named Raj was born. Appellant filed a petition for divorce against the respondent bearing case No. 58-A/96, for transfer of the said petition from Bilaspur to Jabalpur, respondent filed an application before Hon'ble the High Court of M.P. at Jabalpur and the said application was registered as M.C.C. No. 815/1996. On 24-4-1998 both the parties had joint meeting and they expressed before the High Court of M.P. at Jabalpur that they have agreed to live together. On 27-7-1998 Counsel for both the parties appeared and submitted that both the parties have decided to apply for grant of decree of divorce...
Tag this Judgment!Smt. Sunita Mishra Vs. Prashant Mishra
Court: Chhattisgarh
Decided on: Jul-08-2005
Reported in: 2005(4)MPHT58(CG)
V.K. Shrivastava, J.1. This appeal is directed against the judgment and decree dated 23-4-2003 passed in Civil Suit No. 61-A/2003 relating to Prasant Mishra v. Smt. Sunita Mishra, by Vth Additional District Judge, Durg (CG) vide which a decree for judicial separation has been granted in favour of the plaintiff.2. Parties are Hindus. Marriage was solemnized between the parties on 4-2-1999 at Dalli Rajhara, Tehsil Balod, Distt. Durg, according to Hindu rites. Appellant lived with her husband/respondent till 20-2-1999 and thereafter respondent left India for States where he is employed. Appellant after staying for some time in her matrimonial house, left for her parental house. She lived in her matrimonial house along with her in laws from 18-3-1999 to 25-4-1999 and from 5-5-1999 to 24-5-1999 and thereafter she was living in her parental house. On 30-3-2000 respondent returned back from States. During the above period father of the appellant wrote some letters to parents of the respondent...
Tag this Judgment!Kapil Chamar (Dead) Through L.Rs. and anr. Vs. Bagharaj
Court: Chhattisgarh
Decided on: Jul-08-2005
Reported in: 2005(4)MPHT63(CG)
V.K. Shrivastava, J.1. This second appeal is directed against the judgment and decree dated 6-1-1988 passed by II Additional District Judge, Ambikapur, Camp: Surajpur in Civil Appeal No. 129-A/87 reversing judgment and decree dated 24-12-1980 in Civil Suit No. 26-A/76 passed by Civil Judge, Class II, Surajpur.2. Respondent/plaintiff filed a suit for declaration and possession against the appellants/defendants alleging that the lands detailed in Schedule A to the plaint are his self-acquired property and on 23-6-1973 the appellants/defendants got two sale deeds executed in their name; of the property detailed in Schedules B and C to the plaint and got the same registered by through other person, personating them as respondent/plaintiff, and thereafter, got their names mutated in revenue record and entered possession forcibly. Appellants/defendants pleaded that the suit property belong to their father Chhotan Chamar and the plaintiff/respondent being the eldest son of Chhotan Chamar, bec...
Tag this Judgment!State of C.G. and ors. Vs. Anil Kumar Singh
Court: Chhattisgarh
Decided on: Jul-07-2005
Reported in: 2005(4)MPHT12(CG)
ORDERV.K. Shrivastava, J.1. This appeal is directed against the order dated 26-2-1997 passed by the Additional District Judge, Baikunthpur in Civil Suit No. 1-A/96, whereby temporary injunction in favour of respondent has been granted and appellants have been restrained to recover the fine imposed on respondent.2. Respondent obtained license for 1-4-1993 to 31-3-1994 in form No. FL-1 for retail sale for foreign liquor in Baikunthpur and Churcha Colliery. The sale of liquor is regulated by the Excise Act and rules framed thereunder. Conditions for running of the shop including lifting of the foreign liquor are mentioned in the license issued to the respondent. Respondent did not lift the quantity agreed upon in the contract and also failed to deposit the license fees in the month of December, 1993 and January, 1994. Therefore, penalty of Rs. 2,56,284/- was levied on him. The department proceeded to recover the sum as arrears of land revenue. Therefore respondent for declaring the imposi...
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