Chhattisgarh Court September 2006 Judgments
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Sherali and ors. Vs. Saiyad Israrali and ors.
Court: Chhattisgarh
Decided on: Sep-26-2006
Reported in: 2006(4)MPHT84(CG)
Dhirendra Mishra, J.1. Heard on admission.2. This second appeal under Section 100 of the Code of Civil Procedure has been filed against the judgment and decree dated 30-11-2005 passed by the Additional District Judge, Mungeli in Civil Appeal No. 12-A/2005 whereby the appeal preferred by the appellants against the judgment and decree dated 21-9-2004 dismissing the Civil Suit No. 7-A/1988 passed by the Trial Court has been dismissed.(The parties hereinafter shall be referred to as per their description before the Trial Court.)3. Briefly stated the case of the plaintiff is that the suit land described in Schedules A and B of the plaint was ancestral property of late Gafur Ali. It was never partitioned. The widow of Gafur Ali is an old lady and was incapable of taking any decision. Gafur Ali died issueless. The defendant does not belong to the family of the plaintiffs and late Gafur Ali never made any gift with respect to 2.15 acres of land. The gift deed dated 18-7-1984 is fake. Gafur Ali...
Sher Ali and ors. Vs. Saiyad Israr Ali and ors.
Court: Chhattisgarh
Decided on: Sep-26-2006
Reported in: AIR2006Chh146
Dhirendra Mishra, J. 1. Heard on admission. 2. This second appeal under Section 100 of the Code of Civil Procedure has been filed j against the judgment and decree dated 30- 11-2005 passed in the Additional District j Judge, Mungeli in Civil Appeal No. 12-A/2005 whereby the appeal preferred by the appellants against the judgment and decree dated 21-9-2004 dismissing the Civil Suit No. 7-A/1988 passed by the trial Court has been dismissed.(The parties hereinafter shall be referred to as per their description before the trial Court.)3. Briefly stated the case of the plaintiff is that the suit land described in Schedule A and B of the plaint was ancestral property of late Gafur Ali. It was never partitioned. The widow of Gafur Ali is an old lady and was incapable of taking any decision. Gafur Ali died issueless. The defendant does not belong to the family of the plaintiffs and late Gafur Ali never made any gift with respect to 2.15 acres of land. The gift deed dated 18-7-1984 is fake, Gaf...
Ravishankar Vs. State of Madhya Pradesh
Court: Chhattisgarh
Decided on: Sep-26-2006
Reported in: 2007CriLJ261
V.K. Shrivastava, J.1. This is an appeal under Section 374(2) of the Code of Criminal Procedure directed against the judgment of conviction and order of sentence dated 2 7-11 -1999 passed by the Additional Sessions Judge, Jashpurnagar, in Sessions Trial No. 113/1999, whereby learned trial Judge holding the appellant guilty for committing the offence punishable under Section 302 of the Indian Penal Code; sentenced him to undergo imprisonment for life and to a fine of Rs. 5000/-, in default of payment of fine to undergo additional simple imprisonment for five years.2. The prosecution case, in brief compass, is that minor daughter of Raimohan Lohar namely, Fuleshwari and appellant had some affairs. Earlier to the date of incident, also the appellant took Fuleshwari and kept her. Appellant is by caste Ghasi. Appellant was willing to marry Fuleshwari and had also proposed for it, but Raimohan on the ground that he being different in caste did not agree to it and sent his daughter to his mat...
Haricharan and ors. Vs. Kaushal and anr.
Court: Chhattisgarh
Decided on: Sep-21-2006
Reported in: 2007(1)MPHT9(CG)
ORDERDhirendra Mishra, J.1. Heard on admission.2. The appellants have preferred this Second Appeal under Section 100 of the Codeof Civil Procedure, 1908, against the judgment and decree dated 6-2-2002 passed by the Additional District Judge, Janjgir in Civil Appeal No. 31-A/97 whereby the learned Additional District Judge has set aside the judgment and decree dated 15-3-1997 passed by the 2nd Civil Judge Class-II, Janjgir in Civil Suit No. 327-A/94 whereby the suit preferred by the respondents was dismissed and accordingly decreed the suit of the plaintiff. This second appeal has been preferred by the appellants on the following substantial questions of law:(i) Whether the Lower Appellate Court has properly considered the provisions of Section 68 of the Evidence Act ?(ii) Whether a document is proved without there being any examination of the attesting witness thereof ?(iii) Whether the Lower Appellate Court was justified in reversing the judgment and decree of the Trial Court ?(The pa...
Smt. Nirmala Sidar Vs. State of M.P. and ors.
Court: Chhattisgarh
Decided on: Sep-18-2006
Reported in: [2007(112)FLR683]; 2006(4)MPHT70(CG)
ORDERS.R. Nayak, C.J.1. The petitioner herein on the demise of one Gajraj, who was working as Assistant Teacher, made an application in the year 1995 claiming that she is a distant relative of the deceased and, therefore, she was entitled to appointment on compassionate ground. Considering her application, the respondents - State authorities appointed her on 17-8-1995 on compassionate ground to the post of Assistant Teacher. Later on, on the ground that the petitioner is not a legal heir of the deceased Gajraj, by office order dated 13-12-1999, her appointment was terminated.2. Feeling aggrieved by the above action, the petitioner instituted Original Application No. 1759 of 2000 before the Madhya Pradesh Administrative Tribunal, Jabalpur (for short 'the Tribunal'). The Tribunal, on the ground that the petitioner made application for appointment after a lapse of 12 years of the demise of Gajraj and her initial appointment was entirely illegal and irregular, dismissed the application by ...
Tamo Budaru Vs. State
Court: Chhattisgarh
Decided on: Sep-05-2006
Reported in: 2006(4)MPHT66(CG)
L.C. Bhadoo, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 8-7-99 passed by the 2nd Additional Sessions Judge, Jagdalpur in S.T. No. 47/99, whereby learned Additional Sessions Judge after convicting the accused/appellant for the commission of offence under Section 302 of the IPC for committing murder of his wife Tamodeve, sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for one year.2. The case of the prosecution, in brief, is that on the fateful day at about 8 p.m. in the night of 2-12-98 accused/appellant Tamo Budru was sleeping after taking his meal, at that time, deceased Tamodeve came and started assaulting the accused with an axe saying that as to why he has eaten her food, on which the accused snatched the axe and assaulted the deceased on her head, as a result of which the deceased sustained fatal injury and she succumbed to the injury.3. The matter ...
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