Chhattisgarh Court January 2007 Judgments
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The Oriental Insurance Company Limited Vs. Smt. Sughan Bai and ors.
Court: Chhattisgarh
Decided on: Jan-31-2007
Reported in: 2007(2)MPHT65
ORDERD.R. Deshmukh, J.1. Heard on admission.2. This Miscellaneous Appeal is directed against an award dated 30-6-2006 passed by the learned 1st Motor Accidents Claims Tribunal, Surajpur in Claims Case No. 71 of 2005 whereby compensation of Rs. 1,43,000/- along with interest at the rate of 6% per annum from the date of application was awarded.3. Learned Counsel for the appellant submitted that since the appellant had already deposited a sum of Rs. 50,000/- on the principle of no fault liability under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act of 1988'), the appellant is absolved from the liability to deposit a further sum of Rs. 25,000/-, as required under the provision to Section 173(1) of the Act of 1988. This argument is founded on two contentions. Firstly, that under Section 141(3) of the Act of 1988, any amount deposited towards no fault liability under Section 140 of the Act of 1988 merges with the award and the liability to pay compensation i...
Bhushan Narayan Nai Vs. State of Madhya Pradesh
Court: Chhattisgarh
Decided on: Jan-25-2007
Reported in: 2007CriLJ1611
Sunil Kumar Sinha, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 23-3-1990 in Sessions Trial No. 55/89, whereby, the accused/appellant was convicted under Section 376 of I. P. C. and was sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo R. I. for 4 months.2. The case of the prosecution is that the prosecutrix namely Ku. Ashwani Bai, a minor girl aged about 13 years, was playing near her house at about 12-1 O'clock in the noon. Her parents were not present at that time. The appellant, who is the neighbour of the prosecutrix, came over there, took her to a Kotha (a place where the straw etc. are kept), got her lie on the straw and committed sexual intercourse against her. When the father of the prosecutrix came to the house in the evening, the prosecutrix reported the matter to him and thereafter, the prosecutrix, her father and other villagers went to the...
Dadu Ram Alias Mohanlal Vs. State of Madhya Pradesh
Court: Chhattisgarh
Decided on: Jan-24-2007
Reported in: 2007CriLJ1480
Sunil Kumar Sinha, J.1. This appeal is directed against the judgment and order of conviction and sentence dated 25-8-1989 passed in Sessions Trial No. 24/89 by the First Additional Sessions Judge, Bilaspur. The learned trial Judge, after holding the appellant guilty of the offences punishable under Sections 304, Part I and 323 of IPC, sentenced him to undergo RI for seven years and RI for six months, respectively. He also directed the sentences to run separately.2. The case of the prosecution is that 4-5 days prior to 15-10-1988, the accused-appellant, showing his right over the open land (Kotar) of the deceased Sudarshan, had made some fencing by plantation on which deceased Sudarshan had resisted. But, the dispute between them continued and on 15-10-1988 when the accused again went to the said Kotar and started working over the land, the deceased again resisted, due to which certain quarrel took place and in the said quarrel the accused gave two pickaxe blows to the deceased causing ...
Ram Pravesh Shrivastava Vs. South Eastern Coalfields Ltd. and ors.
Court: Chhattisgarh
Decided on: Jan-22-2007
Reported in: AIR2007Chh67; 2008(3)MPHT108
Vijay Kumar Shrivastava, J.1. This order will govern payment of Court-fee in memo of appeal from the judgment/order passed by a Single Judge of this High Court in exercise of the original jurisdiction to a Division Bench of the same High Court.Learned single Judge of this High Court passed a final order dated 5-7-2006 in Writ Petition No. 1774/1992 whereby petition has been dismissed summarily. Appellant instituted the instant appeal against the order passed by one of the learned single Judges of this High Court for hearing to a Division Bench. In memo of appeal he only paid court fees of Rs. 15/- by affixing the court fee stamp of the same, therefore, Registry of this Court raised an objection that court fees of Rs. 85/- is deficit in memo of the instant writ appeal. Instead of removing the default, learned Counsel for the appellant objected before the Registry that no provision for payment of court fee has been made in the Chhattisgarh High Court Rules, 2005, therefore, the matter ha...
Roop Narayan Verma Vs. Union of India (Uoi) and ors.
Court: Chhattisgarh
Decided on: Jan-18-2007
Reported in: AIR2007Chh64
Vijay Kumar Shrivastava, J.1 This is the petition under Article 226/227 of the Constitution of India, for the following reliefs:1) A writ and/or an order in the nature of writ of mandamus do issue commanding and directing the respondent State authorities to produce all the relevant files, documents and records etc. to show the steps taken by them for preventing the child marriages in the country and in the State of Chhattisgarh.2) A writ and/or an order in the nature of writ of mandamus do issue commanding and directing the respondents State authorities to effectively implement the provision of Child Marriage Restraint Act 1929 all over the area within their jurisdiction and for that prepare a scheme and establish agency for restraining the said marriages.2-A : A writ and/or an order in the nature of writ of appropriate nature do issue declaring the Section 13(2)(iv) of the Hindu Marriage Act, 1955 is ultra vires to the Article 15 of the Constitution of India.3) A writ and/or an order ...
Gajjoo Vs. State of M.P.
Court: Chhattisgarh
Decided on: Jan-12-2007
Reported in: 2007CriLJ1126
L.C. Bhadoo, Actg. C.J.1. This appeal is directed against the judgment of conviction and order of sentence dated 4th May 1999 passed by the Additional Sessions Judge, Janjgir in S. T. No. 201/98 whereby learned Additional Sessions Judge after holding the accused/appellant guilty for commission of offence under Section 302 of the I.P.C., sentenced him to undergo imprisonment for life & to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo R.I. for two months.2. The case of the prosecution, in brief, is that on 22-1-1998 in between 3-4 p.m. when Budhwara Bai along with her daughter Ram Kali were standing at tailoring shop of Shyamlal (PW-1), at that time, all of a sudden, accused Gajju Sarathi came on the scene, he caught hold of Budhwara Bai by her hairs, dragged her and stabbed her on the stomach with a knife, as a result of which she fell down on the ground. In the meantime, Ram Kali daughter of Budhwara Bai snatched knife from the hands of the accused. The ac...
Praveen Kumar Sahu Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jan-11-2007
Reported in: 2007CriLJ1134
ORDERSunil Kumar Sinha, J.1. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 21/2006, registered at Police Station Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, District Rajnandgaon (C,0.) for the offence punishable under Section 376 of the I.P.C. and Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Special Act).2. The case of the persecution is that en 15-12-2006, the prosecutrix lodged a report in the concerned Police Station that since 4 years to the said date, she was subjected to sexual intercourse by this applicant. It also comes in the First Information Report that she was taken by this applicant to Nagpur and they were residing as husband and wife since last 4 years, but ultimately, when she offered for a regular marriage, this appli...
State of Chhattisgarh Through Collector and ors. Vs. Smt. Manju Bai
Court: Chhattisgarh
Decided on: Jan-11-2007
Reported in: 2008ACJ1695; AIR2007Chh87
D.R. Deshmukh, J. 1. Heard.2. This appeal is directed against the judgment and decree dated 30-12-2005 delivered by IInd Additional District Judge, Durg, in Civil Suit No. 9B/2004, whereby a compensation of Rs. 67,000/- was awarded with interest @ 7% from the date of the judgment to the respondent/plaintiff on account of failure of sterilisation operation performed on the respondent on 28-2-1998 at Primary Health Centre, Gundardehi.3. I have perused the plaint. Negligence of the doctor conducting sterilisation operation is neither pleaded nor proved.4. In the case of State of Punjab v. Shiv Ram and Ors. reported in : AIR2005SC3280 , the Apex Court held as under:Merely because a woman having undergone a sterilisation operation became pregnant and delivered a child, the operating surgeon or his employer cannot be held liable for compensation on account of unwanted pregnancy of unwanted child. The claim in tort in such cases can be sustained only if there was negligence on the part of the...
Harishankar Gupta Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jan-10-2007
Reported in: 2007CriLJ1009
L.C. Bhadoo, Actg. C.J.1. By this appeal under Section 374(2) of the Cr. P.C. accused/appellant-Harishankar Gupta has questioned the legality and correctness of judgment dated 9th October, 2002 passed by 3rd Additional Sessions Judge (Fast Track Court), Korba in Sessions Trial No. 33/2000, whereby the Additional Sessions Judge, after holding the accused/appellant guilty for commission of offence under Section 302 of the Indian Penal Code, for committing murder of his first wife Usha Gupta 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 3 months.2. The prosecution story, in brief, is that on 15-9-1999, accused Harishankar Gupta gave a merg intimation to the Police Outpost Rampur of Police Station Kotwali, Korba to the effect that he is residing in House No. H-18, SADA Colony, Korba, in the intervening night of 14th & 15th September, 1999, he along with his wife Usha Gupta went to watch a movie and a...
Bhawna Enterprises Vs. State of Chhattisgarh and anr.
Court: Chhattisgarh
Decided on: Jan-10-2007
Reported in: AIR2007Chh74
Vijaya Kumar Shrivastava, J.1. Respondent No. 2 for sale of Tendu leaves to be collected in the year 2007 invited tenders/bids from prospective bidders to purchase the same vide notification No. T.P. (2007)-1 dated 6-11-2006, inter alia, on various terms and conditions. The petitioner is a proprietorship firm constituted and established to carry on the business of sale and purchase of Tendu leaves as well as other forest products. The petitioner is registered to carry on the business of sale and purchase of Tendu leaves with the State of Chhattisgarh under the provisions of Chhattisgarh Tendu Patta (Vyapar Viniyaman) Niyamawali, 1966. Petitioner after depositing earnest money approximately Rs. 56.00 lacs submitted tender for the first round. Similarly bidders/tenderers across the the State also submitted their bids/tenders to purchase Tendu leaves. The tenders /bids submitted were opened on 12-12-2006 and the price offered by the purchasers was made public on the same date. Petitioner'...
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