Chhattisgarh Court March 2007 Judgments
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Amar Nath Sahu Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Mar-21-2007
Reported in: 2007CriLJ3014; 2007(2)MPHT88(CG)
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. 330/2006, registered at Police Station Kota, Distt. Bilaspur, for the offence punishable under Section 3/7 of the Essential Commodities Act.2. The brief facts are that this applicant is an authorized transporter for transporting food-grains from the godown of Nagrik Aporthi Nigam, Kargi Road, Kota to various Fair Price Shops in the concerned area. On 17-10-2006 certain quantity of rice was loaded in Truck bearing Regn. No. C.G. 10-A/1175 and Metador No. 10-A/6493 for their delivery to the concerned destinations. The allegations are that in Fair Price Shop, Ratkhandi, 20 quintals of rice and in fair price shop Jingerpur, 10 quintals of rice were less delivered by the applicant which is in contravention of the provisions contained in Clauses 5 & 15 of the C.G. Public Distri...
Oriental Insurance Company Ltd. Vs. Shri Shyamlal Kanwar and ors.
Court: Chhattisgarh
Decided on: Mar-20-2007
Reported in: 2007(2)MPHT84(CG)
ORDERD.R. Deshmukh, J.1. In Claim Case No. 26/2003, the Additional Motor Accidents Claims Tribunal, Baikunthpur, Distt. Korea has vide award dated 30-11-2004 awarded a meagre compensation of Rs. 1,08,000/- for the death of Jitendra, the son of the applicants who was a student of class-X. The appeal was filed after 120 days after the date of award. This appeal is barred by limitation.2. Heard on M.C.P. No. 211/2006 for condonation of delay of 30 days in filing this appeal.3. This appeal was preferred by the Original Insurance Company Ltd., against the award dated 30-11-2004. Copy of the impugned award was applied for on 22-12-2004 and was received on 29-12-2004. Neither in the application under Section 5 of the Limitation Act nor in the affidavit filed by the Divisional Manager of the appellant/Insurance Company, has it been shown as to how the files moved in the Original Insurance Company and when the proposal was sent and when the sanction was obtained for filing the appeal.4. It is n...
Netram Sahu Vs. Mukesh Isayee and ors.
Court: Chhattisgarh
Decided on: Mar-20-2007
Reported in: 2007(3)MPHT27(CG)
ORDERL.C. Bhadoo, J. 1. The claimant has preferred this appeal under Section 173 of the M.V. Act being aggrieved by the award dated 24th October, 2002 passed by the 5th Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 127/2001 whereby learned Tribunal has awarded an amount of Rs. 1,20,000/- against permanent disability, Rs. 10,000/- for medical expenses, Rs. 10,000/- for mental agony, thereby in all an amount of Rs. 1,40,000/- has been awarded against respondent No. 3.2. Case of the claimant was that on 9-5-2001 he boarded the mini bus bearing registration No. M.P. 26-C/5638 at Bilaspur for going to his village. Respondent No. 1 herein was driver of the said bus whereas, respondent No. 2 was the owner of the bus. Respondent No. 1 started driving the bus at a very high speed, in rash and negligent manner, he dashed the bus against a tree standing on the right side of the road near Village Jorapara. As a result of that accident, the claimant sustained fracture injury...
Smt. Abha Patel Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Mar-19-2007
Reported in: 2007(4)MPHT20(CG)
ORDERSatish K. Agnihotri, J.1. By this petition, filed under Article 226 of the Constitution of India, the petitioner challenges the legality and validity of the order dated 12-2-2007 (P-1), passed by the Collector Mahasamund/respondent No. 2.2. The indisputable facts, in nutshell, are that the petitioner is the elected Sarpanch of Village Panchayat, Kaunsara, Janpad Panchayat, Bagbahra, District Mahasamund. A meeting was called on 5-7-2006 to consider 'No Confidence Motion' against the petitioner. Out of 13 members of the Panchayat, 9 members were present and cast their votes in the motion by putting a mark as prescribed under Rule 5 of the Madhya Pradesh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice-President Ke Virudh Avishwas Prastav) Niyam, 1994 (hereinafter referred to as 'the Niyam, 1994'). 8 members put mark (sic) and 1 member marked as (C). Accordingly, 1 vote was declared invalid, as it was not in accord...
Yadu Kumar Patel Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Mar-16-2007
Reported in: 2007CriLJ2846
Sunil Kumar Sinha, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 30-11-2002 passed in Sessions Trial No. 274/2002 by the Additional Sessions Judge, Dhamtari whereby the said Court, after holding the appellant guilty of offence punishable under Section 376(1) of the IPC, sentenced him to undergo R.I. for ten years and pay a fine of Rs. 10,000/-, in default of payment of fine to further undergo R.I. for one year.2. Case of the prosecution is that on 27-4-2002 at about 12 noon, the prosecutrix (P.W. 11) had gone to take bath near a motor pump installed in her fields. After taking bath, when she was wearing clothes, this appellant came over there, caught hold of the prosecutrix and after putting off her clothes, got her lay down on a cot (which was there in the Jhala, a small hut, near the pump) and committed forceful sexual intercourse against her. When the prosecutrix made hue and cry, Shatrughan (P.W. 2), whose fields are also situated in th...
Dr. Naval Singh Chandel Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Mar-15-2007
Reported in: 2007(3)MPHT34(CG)
ORDERSatish K. Agnihotri, J. 1. By this petition the petitioner challenges the validity of the impugned order dated 19-10-2006 (Annexure P-l), passed by the respondent No. 3 Collector, Bilaspur, wherein the respondent No. 5 Medical Officer was appointed as District Tuberculosis Officer (for short 'DTO') in place of the petitioner.2. The facts, in nutshell, are that the petitioner was granted a senior grade pay scale of Class I (Gazetted) Medical Officer Rs. 10000-325-15200/- w.e.f. 1-1-2001 vide order dated 6-7-2006 (Annexure P-8), passed by the Govt, of Chhattisgarh Health and Family Welfare Department. The petitioner further obtained modular training in Revised National Tuberculosis Control Programme (for short 'RNTCP'). On the basis of that by order dated 2nd April, 2006 (Annexure P-3) the petitioner was assigned the responsibility of the District Tuberculosis Officer, Bilaspur. Thereafter, vide order dated 19-10-2006 (Annexure P-l), without assigning any reason, the respondent No. ...
Oriental Insurance Co. Ltd. Vs. Kanti Bai and ors.
Court: Chhattisgarh
Decided on: Mar-15-2007
Reported in: 2008ACJ2290
Dilip Raosaheb Deshmukh, J.1. Heard on admission. In this appeal by the insurer the impugned award dated 12.12.2006, passed by Ninth Addl. Motor Accidents Claims Tribunal in Claim Case No. 129 of 2005 is under challenge whereby in a death case, the liability to pay compensation of Rs. 2,16,250 was imposed on the appellant insurance company.Brief facts of the case are that on 21.1.2005, Bahadur Kaushik, respondent No. 7 herein, was driving a light motor vehicle, i.e., an autorickshaw No. CG 10-3390. The said autorickshaw dashed with a motor cycle resulting in the death of its driver Lakhanlal aged 30 years.2. Learned Counsel for the appellant has not disputed the following facts:(a) that the autorickshaw No. CG 10-3390 falls under the category of light motor vehicle;(b) that at the time of accident the auto-rickshaw No. CG 10-3390 was insured by appellant for commercial purpose;(c) that Lakhanlal died as a result of the accident;(d) that Bahadur Kaushik, respondent No. 7, possessed a va...
Ringa Alias Rainga Vs. State of M.P. (Now Chhattisgarh)
Court: Chhattisgarh
Decided on: Mar-13-2007
Reported in: 2007(3)MPHT36(CG)
L.C. Bhadoo, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 27-5-2000 passed by 2nd Additional Sessions Judge, Raigarh in S.T. No. 142 of 1998, whereby the learned Additional Sessions Judge after holding the accused appellant guilty for commission of offence under Section 302 of the Indian Penal Code, sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500/-, in default of payment of fine, to further undergo two months' R.I.2. Case of the prosecution, in brief, is that at about 11.00 to 11.30 in the night of 17-6-1998, when Jageshwar (since deceased) and his wife Sonarobai were sleeping, Phoolsingh, Indrajeet and Dhaneswhar were talking, the accused Ringa alias Rainga came in a drunken condition and started quarreling with his wife Dewmati (P.W. 12) and beating her, on which P.W. 1 Phoolsingh, P.W. 5 Indrajeet, P.W. 4 Dhaneshwar, P.W. 7 Maliphulo and Jageshwar (since deceased) intervened and asked the accused-appellant no...
United India Insurance Company Limited Vs. Munna Singh Raj and ors.
Court: Chhattisgarh
Decided on: Mar-13-2007
Reported in: 2008(3)MPHT68(CG)
ORDERD.R. Deshmukh, J.1. Heard on I.A. No. 709/2007. Learned Counsel for the appellant submits that since this M.A.C. is against an order under Section 140 of the Motor Vehicles Act, the question of filing of a certificate copy of the order under Section 170 of the Motor Vehicles Act does not arise. Considered and allowed.2. Heard on admission. The appellant has impugned the order dated 20-12-2006 passed by the Additional M.A.C.T., Korba in Claims Case No. 104/2006 whereby the appellant/insurer was directed to pay interim compensation of Rs. 50,000/- to the legal representatives of the deceased.3. Learned Counsel for the appellant docs not dispute the following facts:(A) that the deceased was travelling in a light motor vehicle bearing No. CG 12-9599 on 2-5-2005,(B) death of Raj Singh resulted due to the accident by the aforsaid vehicle and (C) that the above mentioned vehicle was insured by the appellant on the date of the accident.5. Learned Counsel for the appellant contended that s...
Sharik Ahmad (Advocate) Vs. Sunder Lal
Court: Chhattisgarh
Decided on: Mar-12-2007
Reported in: 2008(1)MPHT51(CG)
ORDERSatish K. Agnihotri, J.1. By this petition, filed under Article 227 of the Constitution of India, the petitioner seeks to challenge the impugned order dated 12-6-2002 passed by the Presiding Officer, Family Court, Durg, in MJC No. 277/2006 (Sunder Lal v. Sharik Ahmad), whereby the application filed by the respondent for direction to the petitioner to undergo DNA test, has been allowed by the Court below.2. The brief facts, in nutshell, are that the respondent (minor) has filed an application under Section 125 of the Code of Criminal Procedure for maintenance to be granted from the petitioner on the ground of being son born from him and Smt. Kiran Bai. The petitioner allured Smt. Kiran Bai, a widow, on the promise that he would marry her and developed physical relations. As a result, within the said relationship between the petitioner and said Smt. Kiran Bai, the respondent (minor) was born on 7-8-2002.3. The petitioner denied the relationship of being father of the respondent. In ...
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