Chhattisgarh Court August 2006 Judgments
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Nandlal Jaiswal Vs. Bandhu Jaiswal and ors.
Court: Chhattisgarh
Decided on: Aug-31-2006
Reported in: 2006(4)MPHT10
ORDERSunil Kumar Sinha, J.1. This is the plaintiffs second appeal filed under Section 100 of the Code of Civil Procedure. The plaintiff lost in both the Courts. This appeal arises out of judgment and decree dated 27-2-2006 passed by IInd Addl. District Judge (F.T.C.), Surajpur, Distt. Sarguja (CG) in Civil Appeal No. 5-A/2005, arising out of judgment and decree dated 2-9-2003 passed in Civil Suit No. 86-A/2002 by the Civil Judge, Class-II, Surajpur, Distt. Sarguja (CG).2. The plaintiff filed a suit for declaration, partition and permanent injunction in relation to the agricultural lands described in Schedules A and B of the plaint. Schedule A relates to Village Akhorakala. Schedule B relates to Village Kalyanpur. The plaint allegations are that the lands of Schedule A were the self-acquired property of his father namely Shiv Ratan Jaiswal. Shiv Ratan had 3 sons namely Nandlal (plaintiff), Bandhu (defendant No. 1) and Santoshi Ram (defendant No. 2). Another brother of Shiv Ratan Jaiswal...
Badri Prasad Verma Vs. Union of India (Uoi) and ors.
Court: Chhattisgarh
Decided on: Aug-31-2006
Reported in: 2006(4)MPHT89(CG)
ORDERS.R. Nayak, C.J.1. This petitioner namely Badri Prasad Verma s/o Dhanu Ram Verma claiming to be apro bono public character, has filed this writ petition to espouse the public cause. It is complained that though the 7th respondent herein has been granted permission to open rural retail outlet/petrol pump at Pallari-Arang Road, but, in connivance with the officers of the Bharat Petroleum Corporation Limited, the 3rd respondent herein has changed the site and started construction to open the outlet at National Highway No. 9, Raipur Road. So alleging, the petitioner has sought for writ of certiorari to quash the impugned order appointing the 7th respondent as dealer for retail outlet/petrol pump and for a direction to respondent Nos. 1 to 4 to open the retail outlet/petrol pump at Pallari-Arang Road in terms of the advertisement annexed to the writ petition as Annexure P-1. This Court having entertained the writ petition on 3-7-2006, directed notice rule nisi. On service of notice, re...
Bharat Ram Sahu Vs. Salik and ors.
Court: Chhattisgarh
Decided on: Aug-31-2006
Reported in: 2006(4)MPHT15
ORDERSunil Kumar Sinha, J.1. This is the plaintiffs second appeal filed under Section 100 of the Code of Civil Procedure. The plaintiff lost in both the Courts. This appeal arises out of the judgment and decree dated 29-11-2005 passed by the VIII Additional District Judge (FTC), Raipur (CG) in Civil Appeal No. 8-A/2004 arising out of judgment and decree dated 28-7-2000 passed in Civil Suit No. 9-A/97 by the VII Civil Judge Class-II, Raipur (CG).2. The brief facts are that the plaintiff filed a suit for specific performance of an agreement dated 3-7-1988 (Ex. P4) alleged to have been executed by defendant Nos. 1 and 2 and their more. Smt. Kachhra Bai. The plaint allegations are that these persons entered into an agreement to sale of certain agricultural land situated at Village Joundi, P.C. No. 154, Tehsil Rajim, District Raipur (CG), for a consideration of Rs. 3000/-. Since after many requests made by the plaintiff, the defendant Nos. 1 and 2 did not execute the sale-deed pertaining to...
Bhuneshwari Bunker Sahkari Samiti Maryadit Vs. Presiding Officer, Labo ...
Court: Chhattisgarh
Decided on: Aug-29-2006
Reported in: 2007(1)MPHT12(CG)
ORDERSatish K. Agnihotri, J.1. Despite service, none appears for the respondent No. 2.2. The undisputed facts of the case are that the petitioner is a Registered Co-operative Society governed under the provisions of the Chhattisgarh Co-operative Societies Act, 1960 (for short 'the Act'). Section 55 of the Act provides for Registrar's power to determine conditions of employment in societies. Sub-section (2) of Section 55 provides that where a dispute regarding terms of employment, working conditions and disciplinary action taken by the society, arises between a society and its employees, the Registrar or any officer appointed by him not below the rank of Assistant Registrar shall decide the dispute and his decision shall be binding on the society and its employees. The dispute arose between the petitioner and the respondent No. 2 when the service of the respondent No. 2 was terminated by the petitioner Society vide order dated 1-6-92.3. The matter was referred to the Labour Court, Rajna...
Firm Dayal Film Exchange and anr. Vs. Nagar Palika Nigam and anr.
Court: Chhattisgarh
Decided on: Aug-24-2006
Reported in: 2006(4)MPHT59(CG)
ORDERSunil Kumar Sinha, J.1. This revision is directed against the order dated 5-7-1994 passed in Misc. Civil Appeal No. 9/90 by the Vth Additional District Judge, Raipur affirming the order of re-assessment and issuance of demand of property tax by the Municipal Corporation Raipur, after determining an increase in valuation of building vide Case No. 17/396/1 of 1988-89 under M.P. Municipal Corporation Act, 1956 (hereinafter referred to as 'the Act'), with some modification regarding its quantum and liability among the applicants.2. The brief facts are that applicant No. 2 is the owner of house No. 17/641 situated in Ravi Nagar, Pandri Tarai, Raipur. Earlier the annual value of this building was assessed in sum of Rs. 8,100/- and accordingly the property tax in sum of Rs. 674.75 p. was payable for it. On 27-6-1988, a proceeding for re-assessment commenced and a notice under Section 146 of the Act was issued and information under Section 144 (1) was called from the owner.3. The owner su...
Bhola Singh Vs. State of M.P. and ors.
Court: Chhattisgarh
Decided on: Aug-22-2006
Reported in: 2006(4)MPHT18
ORDERSatish K. Agnihotri, J.1. The petitioner was employed as Constable and posted at Police Station, Kharora, District Raipur when the petitioner was served a charge-sheet by order dated 9-9-1991 (Annexure 3) containing following charges:(1) fnukad 4-6-91 dks 3 fnu ds vkkdfLed vodkl ij jokuk gksus ds i'pkr~ fnukad 29-6-91 rd vukf/kd`r:Ik ls vodkl izlkj djrs gq, drZO; ls vuqifLFkr jgdj ?kksj ykijokgh iznfZr djukA(2) fnukad 29-6-91 dks 23 x 4 Vkmu x'r M~;wVh ls vuqifLFkr gksdj onhZ dh gkyr esa jkc ds us esa ene'r gksdj [kjksjk cl LVSaM esa IkMs jgukA (3) fnukad 30-6-91 dks izkr% x.kuk ls ,oa jkf= esa Fkkuk gkftjh M~;wVh ls vuqkfLFkr jgdj jkc fi;s gkyr esa [kjksjk cl LVSaM esa ?kqers jgukA(4) jkc ihus, vukf/kd`r :Ik ls xSjgkftj jgus ,oa vodkl izlkj djus dk vknh gksuk o nafMr fd, tkus ds mijkar Hkh vius vkpj.k essa lq/kkj u ykukA2. A departmental enquiry was initiated against the petitioner after having a served list of witnesses, list of documents and memorandum of charges. The petitione...
Jitendra Mishra Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Aug-14-2006
Reported in: 2006(4)MPHT22(CG)
D.R. Deshmukh, J.1. This appeal is directed against the judgment dated 22-12-2005 delivered by Shri G.R. Sande, 4th Additional Sessions Judge (F.T.C.), Raigarh in Sessions Case No. 58/2004 whereby the appellant was convicted under Sections 498A and 306, IPC and sentenced to rigorous imprisonment for two years under Section 498A of IPC and to rigorous imprisonment for three years and six months and a fine of Rs. 2000/- under Section 306, IPC. Both the sentences were ordered to run concurrently.2. The appellant is in jail since 16-1-2004.3. Co-accused Maheshwar Panda, a close relative, Santoshini, sister and Sumitra, mother of the applicant were acquitted of the charge under Section 498A read with Section 34 of the IPC and Section 304B read with Section 34 of the IPC.4. Brief facts are that the deceased Minakshi, daughter of Manoranjan Rath P.W. 1 was married to the appellant herein on 11-2-2001. It is alleged that the appellant subjected her to cruelty and ill-treated her on account of ...
Union of India (Uoi) and ors. Vs. Smt. Namita Ghosh and anr.
Court: Chhattisgarh
Decided on: Aug-14-2006
Reported in: 2007(1)MPHT51
ORDERS.R. Nayak, C.J.1. The Union of India and the authorities of South East Central Railway feeling aggrieved by the order of the Central Administrative Tribunal, Jabalpur Bench, Jabalpur (for short 'the Tribunal') dated 9th September, 2004 passed in Original Application No. 906 of 2002 have preferred this writ petition under Articles 226 and 227 of the Constitution of India.2. The facts of the case, in brief, are as follows:Late B.C. Ghosh, who is husband of the first respondent, namely, Smt. Namita Ghosh, was born on Non-Pensionable Establishment of the then South Eastern Railway on 28-8-1950 and he was governed by SCPF Rules. When the matter stood thus, the administration of the South Eastern Railway introduced 'Family Pension Scheme' with effect from 1-1-1964. In terms of the said scheme, only those employees who are born on the establishment on 1-1-1964 and thereafterwards were entitled to benefit of the said scheme. However, the administration of the South Eastern Railway subseq...
Pankaj Lakara Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Aug-10-2006
Reported in: 2006CriLJ4229
Dilip Raosaheb Deshmukh, J.1. This appeal is directed ?against the Judgment dated 25.4.2006 delivered by Shri G.C. Bajpai, Sessions Judge, Jashpur in Sessions Case No. 101/2005 whereby the appellant was convicted under Sections 363, 366, 376(1) and 341, IPC and was sentenced under Sections 363, 366, 376(1) to undergo rigorous imprisonment for two years, five years and seven years respectively and also to simple imprisonment for one month under Section 341, IPC. The sentences were ordered to run concurrently.2. Briefly stated the prosecution case is that on 26.7.2005 the prosecutrix, aged about 13 years, was sent by her mother Kaldina P.W. 2 for bringing Soyabeen chunks from Khan Shop. The prosecutrix left her house on a cycle and after purchasing Soyabeen chunks from Khan Shop was returning home. Near the school, the appellant Pankaj Lakda stood with one Pratap, the cousin brother of the prosecutrix. Pratap called her and asked to give her cycle to him, The prosecutrix gave her cycle t...
Viseshar Yadav Vs. Govind Swami
Court: Chhattisgarh
Decided on: Aug-10-2006
Reported in: AIR2006Chh149
S.K. Sinha, J. 1. This is the defendant's first appeal filed Under Section 96 of the Code of Civil Procedure. It arises out of the judgment and decree dated 14-10-1993 passed by second Addl. District Judge, Bilaspur, in Civil Suit No. 3-A/1990. By the said judgment and decree, the trial Court decreed the suit for specific performance of an agreement dated 30-5-1988.2. The brief facts are that the plaintiff filed a suit for specific performance of the aforesaid agreement dated 30-5-1988 allegedly entered into between the plaintiff and defendant for sale of a house situated in Talapara. Bilaspur, for a consideration of Rs. 25,000/- The plaintiff inter alia pleaded that after entering into the written agreement dated 30-5-1988 (Ex. P. 1), a sum of Rs. 5000/- was received as an advance by the defendant and it was agreed between them that a registered sale deed shall be executed within a period of one year from the said date, after receiving the remaining amount of consideration. The plaint...
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