Chhattisgarh Court February 2006 Judgments
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Balubhai Patel Vs. Manohar Rao Dumre and anr.
Court: Chhattisgarh
Decided on: Feb-20-2006
Reported in: 2006(3)MPHT13(CG)
ORDERV.K. Shrivastava, J.1. This revision under Section 23E of the Chhattisgarh Accommodation Control Act, 1961 (for short, 'the Act') has been filed by the tenant/applicant challenging the propriety and legality of the proceeding of the Rent Controlling Authority (for short, 'Authority') Raipur, who passed the order and evicted the tenant/applicant from the suit accommodation.2. Smt. Chandrabhag Bai claiming herself to be landlord of the suit accommodation under Section 23-J of the Act, filed an application under Section 23-A(b) of the Act, for recovery of possession of the suit accommodation for business of her major son and her unmarried daughters against the tenant/applicant. During pendency of the proceeding both the parties filed a compromise petition on 28-7-1992. On 27-8-1992 statement of tenant/applicant on compromise petition was recorded by the Authority who in his statement did not agree to condition Nos. 2 and 3 of the compromise petition. On 1-9-1992 the Authority, on the...
Karan Singh Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Feb-20-2006
Reported in: 2006CriLJ1745; 2006(3)MPHT1(CG)
D.R. Deshmukh, J.1. This appeal is directed against the judgment dated 16-8-2005 delivered by Smt. Maitrae Mathur, Special Judge, Raipur in Special Criminal Case No. 41/2002 whereby the appellant was convicted Under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and was sentenced to undergo rigorous imprisonment for 3 years and a fine of Rs. 25.000/- and in default of payment of fine to undergo rigorous imprisonment for 6 months.2. Briefly stated the prosecution story is that on 6-4-2002, the Asstt. Sub-Inspector, District Crimes Squad, Dhamtari Shri Ashok Dwivedi P.W. 3 received secret information that two persons, in unauthorized possession of ganja were going towards Makeshwar Ward. After completion of necessary legal formalities, he reached the Makeshwar Ward along with witnesses Chabila P.W. 1, Santosh P.W. 2 and police staff. Near the public utility in Makeshwar Ward, the appellant who was carrying a white plast...
Shivalik Power and Steel Pvt. Ltd. Vs. Aujasya Agro Power Pvt. Ltd. an ...
Court: Chhattisgarh
Decided on: Feb-17-2006
Reported in: 2006(4)MPHT73(CG)
ORDERV.K. Shrivastava, J.1. This appeal is directed against the order dated 11-5-2005 passed by the First Additional District Judge, Mahasamund, in Civil Suit No. 34-A/2005 (Aujasya Agro Pvt. Ltd. v. Rani Jyoti Kumari and 3 Ors.) whereby allowing the application filed by the respondent No. 1/plaintiff under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, for grant of temporary injunction against the defendant/appellant and respondent Nos. 2 to 4.2. Facts material for disposal of this appeal, in brief compass, are that plaintiff/respondent No. 1 - Aujasya Agro Power Pvt. Ltd., filed a Civil Suit No. 34-A/2005 on 5-2-2005 for specific performance of the contract against the appellant and respondent Nos. 2 to 4 on the pleading that respondent Rani Jyoti Kumari - owner of the suit land executed agreement to sell the suit land on 3-12-2004 in his favour and received an advance of Rs. 2,00,000/- (Rupees two lakhs). Registered sale deed was to be executed in term...
Vikki Singh and anr. Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Feb-13-2006
Reported in: 2006CriLJ1892
ORDERDilip Raosaheb Deshmukh, J.1. This criminal revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act') is directed against an order dated 16-1-2006 passed by Sessions Judge, Surguja, Ambikapur in criminal case No. 5/2006 whereby the appeal preferred by the applicants herein against the order dated 4-1 -2006 refusing to grant bail to the applicants-Vikki Singh and Kamarul by the Juvenile Justice Board, Ambikapur was dismissed.2. Brief facts are that on 11-11-2005 at about 11.00 p.m. upon receiving information that certain persons were making preparations to commit dacoity Sub-Inspector K. K. Bhagat Along with police force reached near the canal near village Bhidia. Upon seeing the police force arrive, the persons assembled there attempted to flee away. Kamarul Hasan, Vikki Singh and Pradeep Yadav were apprehended on the spot. The remaining persons fled away. Crime No. 78/ 2005 under Sections 399, 402 read with...
Manoj Kumar Vs. Union of India (Uoi) and ors.
Court: Chhattisgarh
Decided on: Feb-13-2006
Reported in: AIR2007Chh88
ORDERS.R. Nayak, C.J.1. The petitioner is a graduate unemployed youth and a permanent resident of Durg District. He applied to the Railway Administration for grant of licence to function as Railway Travelling Service Agent. In response to his application, he was granted licence to function as Railway Travelling Service Agent for a period of 3 years commencing from 3-12-1999 and ending 2-12-2002. Well before the expiry of term of licence. The petitioner made an application to the Senior Divisional Commercial Manager for renewal of the licence for a further period of 3 years from 3-12-2002 to 2-12-2005. Then, came the impugned endorsement dated 26-11-2002 marked as Annexure P-1. It reads as follows:SOUTH EASTERN RAILWAY No COM.TC/RTSA.96/PT.II/02 Office of theSr. Divisional ManagerBilaspur Division 26-11-2002.ToSri Manoj Kumar.Paras Complex. Opp. SBI. Gurudwara Road. DURG (CG)Reg.: Rail Travel Service Agent, DurgRef: 1) Your letter No. NIL dated NIL2) This office letter of even no, dated...
Ayub Khan Vs. Municipal Corporation and ors.
Court: Chhattisgarh
Decided on: Feb-13-2006
Reported in: 2006(2)MPHT65(CG)
ORDERSatish K. Agnihotri, J.1. The petitioner was appointed as Physical Training Instructor (for short 'PTI') vide order dated 14-8-1986 (Annexure P-1) for a probationary period of two years. The petitioner after having completed his probation, remain continued in service.2. On 21/30-4-1994 (Annexure P-3) the petitioner was issued a show-cause notice under the provisions of Rules 49 and 52 of Madhya Pradesh Municipal Employees Recruitment and Conditions of Service Rules, 1968 (for short 'the Rules, 1968') read with Rule 14 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966 (for short 'the Rules, 1966'), as to why a departmental enquiry be not initiated against him for the charges contained in the charge-sheet. Along with the show- cause notice, charge-sheet, articles of charges, list of witnesses and documents were supplied to the petitioner.3. The charge-sheet contained four charges to the effect that, firstly, the petitioner was on duty from 1-12-1991 to 10-1...
Jawahar Yadav Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Feb-13-2006
Reported in: 2006CriLJ2078
ORDERDilip Raosaheb Deshmukh, J.1. Being aggrieved by the order dated 12-2-2004 passed by Shri A. K. Gaikwad, 2nd Additional Sessions Judge, Ambikapur, Surguja whereby the judgment of acquittal order under Section 376, I.P.C. delivered on 24-1 -1997 in Sessions Case No. 381 /96 by Shri Anees Abbas, 2nd Additional Sessions Judge, Ambikapur in State v. Jawahar Yadav was suo motu set aside and a retrial was ordered, the applicant Jawahar Yadav has preferred Criminal Revision No. 392/2004.2. Being further aggrieved by a similar order dated 12-2-2004 passed, in enquiry proceedings initiated on an application dated 7-2-1997 by the prosecutrix Situ alias Sitwa, by Shri A.K. Gaikwad, 2nd Additional Sessions Judge, Ambikapur whereby after passing the order mentioned in para 1 above, the learned Judge ordered issuance of warrant of arrest against the applicant and directed the concerned Station House Officer to inform the applicant that the Sessions Trial No. 381/96 has been re-opened and if he ...
Babban Prasad Mishra Vs. P.S. Diwan
Court: Chhattisgarh
Decided on: Feb-13-2006
Reported in: 2006CriLJ3263
ORDERSunil Kumar Sinha, J.1. Whether the advertisement (contained in Annexure-A) amounts to indecent representation of women as defined under The Indecent Representation of Women (Prohibition) Act 1986, is a question for consideration in this petition ?2. The brief facts are that an advertisement was published in Daily Navbharat, Hindi Edition, Raipur, on 24th April 1996 which relates to some oil and capsule shown to be useful to strengthen the nerves. Their names are shown as Kama Sutra Tel and Kam Sutra Capsule. The names of the stockiest/medical stores at Raipur, Durg, Bhilai and Rajnandgaon are also published. On one side of the publication, a half size standing photograph of a woman is shown taken in lap of a man from side pose. This was taken as an offending depiction by the complainant/respondent No. 1 herein, who filed a criminal complaint in the Court of Judicial Magistrate First Class, Dhamtari, Distt. Raipur (M.P.), now Chhattisgarh, under Section 3/6 of The Indecent Represe...
Doctor Arun Dewangan Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Feb-08-2006
Reported in: 2006CriLJ1440
ORDERDilip Raosaheb Deshmukh, J.1. This Criminal Revision is directed against an order dated 21-12-2005 passed by Smt. Rajni Dubey, 1st Addl. Sessions Judge, Rajnandgaon, District Rajnandgaon in Sessions Trial No. 100/2005 whereby charge under Section 304, Part-II of the I.P.C. was framed against the applicant.2. Brief facts of the case as disclosed by the first information report lodged by Dhal Singh Chandel on 21 -4-2005 at P. S. Chikhli, District Rajnandgaon are as follows :Dhal Singh Chandel runs a medical stores in Chikhli. His wife Smt. Madhu alias Preeti Chandel had undergone a Caesarian operation about 5 years prior to the incident and was blessed with a daughter. On 28-3-2005 Smt. Madhu Chandel was having full term pregnancy again and was undergoing treatment of Gynaecologist Dr. Smt. Asha Thomas of Christian Fellowship Hospital. At about 9 a.m. on 28th March, 2005 Smt. Madhu Chandel started having labour pains. Dhal Singh Chandel was about to take his wife to the Christian Fe...
Umashanker Sao Vs. Sonsai Sahu
Court: Chhattisgarh
Decided on: Feb-08-2006
Reported in: AIR2006Chh102
V.K. Shrivastava, J.1. This appeal is directed against the judgment and decree dated 4-7-1996 passed by the learned Additional District Judge, Surajpur, in Civil Suit No. 27-A/92 whereby the suit for specific performance of the contract, has been decreed.2. Appellant and respondent entered into an agreement on 10-2-1989 for sale of land bearing Khasra No. 926/1 area O. 20 decimal @ Rs. 1050/- (Rupees one thousand fifty) per decimal and the appellant received an advance of Rs. 5,000/- (Rupees Five thousand) towards this agreement. There was a condition that the appellant after demarcating the land shall execute a registered sale deed for the land available there up to the extent of O. 20 decimal @ Rs, 1050/-(Rupees One thousand and fifty). But, the appellant neither got the suit land demarcated nor executed the sale deed; despite several attempts made by the respondent to get the sale deed executed. Ultimately, the respondent served a registered notice demanding execution of registered ...
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