Chhattisgarh Court April 2007 Judgments
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Goverdhan Shobnath Bind Vs. State of Madhya Pradesh
Court: Chhattisgarh
Decided on: Apr-30-2007
Reported in: 2008CriLJ529
Sunil Kumar Sinha, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 30-1-1995 passed by the V Addl. Sessions Judge, Bilaspur, in Sessions Trial No. 437/1992 whereby the said Court convicted the appellant Under Section 498A, IPC and sentenced him to undergo R.I for 3 years.2. The brief facts are that the accused persons (4 in number) were charged under Sections 304B, 306 and 498A, IPC. The appellant is the husband of the deceased namely Gajra Bai. The other co-accused persons were brother-in-law (Jeth, who died during the pendency of the trial), sister-in-law (Jethani) and niece of the husband of the deceased. The case of the prosecution was that deceased Gajra Bai, who was resident of village Budi, was married to the appellant 3-4 years prior to the date of incident, which took place on 20-5-1992. On the said date, while residing in her in-laws place in village Nirtu, the deceased consumed poison resulting into her death. Initially, the accuse...
Nandkishore Agrawal Vs. Smt. Meena Agrawal and anr.
Court: Chhattisgarh
Decided on: Apr-30-2007
Reported in: AIR2007Chh110
Dilip Raosaheb Deshmukh, J.1. The petitioner-husband is aggrieved by the judgment dated 8-11-1995 in Civil Suit No. 55-A of 1992 by 3rd Additional District Judge, Raipur, whereby the application under Section 12(1) (b) and (c) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), was dismissed.2. It is not disputed that the marriage between the petitioner and the respondent was solemnized on 20-6-1991.3. The petition under Section 12(1) (b) and (c) of the Act for annulment of the marriage was filed on the ground that on 21st June 1991 during cohabitation, the respondent was wholly unresponsive, cold and made nauseating gestures and lay like a corpse. Thereafter, the respondent used to be silent and used to make smiling gestures for no reason, although she remained calm and quite when asked about it. Her thinking was incoherent and behaviour unusual. It was noticed that she used to mutter that either she is goddess of purity ravaged by a demon or was kindled with spirit ...
Raipur Dugth Sangh (Sahkari) Maryadit Vs. Additional Commissioner, Com ...
Court: Chhattisgarh
Decided on: Apr-30-2007
Reported in: (2007)10VST763(NULL)
ORDERH.L. Dattu, C.J.1. Petitioner is a milk co-operative society ('society', for short). It is stated that the society uses skimmed milk powder as raw material for the purpose of manufacture of milk and other milk products. The said society had obtained the registration certificate to deal with the products other than the skimmed milk powder. By filing an application dated February 12, 1986, the society had gone before the registering authority/Sales Tax Officer for amendment of the registration certificate as provided under Rule 11A of the Madhya Pradesh General Sales Tax Rules, 1959 ('the Rules', for short). Since, the petitioner did not hear anything from the respondents either about acceptance or rejection of their request, while filing their annual returns for the assessment year 1988-89 they had claimed exemption from payment of sales tax/reduced rate of tax before the assessing authority. This request of the petitioner was rejected by the assessing authority solely on the groun...
Guddu Rai Alias Vijay Prakash Rai Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Apr-27-2007
Reported in: 2007(3)MPHT67
ORDERSatish K. Agnihotri, J.1. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks quashing of the criminal proceedings pending against him and one Mr. Ashok Renke in Criminal Case No. 6735/2005 in the Court of learned Chief Judicial Magistrate, Durg and further quashing of warrants issued against him on various dates, Le., 5-12-2005, 20-3-2006, 2-5-2006, 7-11-2006 and 6-1-2007.2. According to learned Counsel for the petitioner, on 5-10-2005 the officers of the Excise Department raided the vacant house of one Late Shri Madhukar Rao, situated at in front of St. Xavier School, Kripal Nagar, Kohaka. Admittedly, the house was in possession of Mr. Ashok Renke. On raid, the liquor in heavy quantity was found stored without any license or permission from the Excise Department.3. The Excise Authorities seized the said illegal liquor from the said house in presence of the witnesses and prepared a Panchnama and registered a case under provisions of Section...
Hemshankar Deshlahra Vs. State of Chhattisgarh and anr.
Court: Chhattisgarh
Decided on: Apr-26-2007
Reported in: 2007(3)MPHT73(CG)
ORDERSatish K. Agnihotri, J. 1. By this petition, the petitioner impugns the order dated 15-4-2007 (Annexure P-1) whereunder the petitioner working as Chief Municipal Officer, Municipal Council, Jamul, has been transferred to the post of Assistant Director in the Office of Deputy Director, Urban Administration & Development Department, Raipur.2. Learned Counsel appearing for the petitioner submits that the transfer order implies the word 'deputation' in its order, therefore, the impugned order is not a transfer order, but it is a deputation. If it is a deputation, the same cannot be done without consent of the employee as it is well settled law.3. Per contra, learned Counsel appearing for respondent/State submits that the Chief Municipal Officer is a Government servant, therefore, he can be transferred from one Council to another or even to the State Government in Urban Administration & Development Department. The word used as deputation does not indicate that this transfer was on depu...
Vishnu Prasad Gupta Vs. Ram Bahadur Singh and ors.
Court: Chhattisgarh
Decided on: Apr-26-2007
Reported in: 2007(3)MPHT70
ORDERSatish K. Agnihotri, J.1. By this petition, filed under Article 227 of the Constitution of India, the petitioner questions the legality and validity of the order dated 18-2-2005 (Annexure P-3) passed by the 1st Additional District Judge, Ambikapur in Case No. 25-A/04, whereunder the plaint of the petitioner was rejected under the provision of Order VII, Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC').2. The case of the petitioner is that the petitioner has filed a plaint with requisite Court fee stamp in the Court of the District Judge, Ambikapur, Surguja. Accordingly, Court fee stamp for the valuation of the suit, i.e., Rs. 1,00,000/-, was also deposited.3. On hearing, learned Trial Court found that the suit was not properly valued and sufficient Court fee stamp was not deposited within the time fixed by the Court, on the ground that the plaintiff was incapable of paying the correct Court fee stamp. For incorrect valuation of the suit and insuf...
Ram Kalap Maurya Vs. State of Madhya Pradesh
Court: Chhattisgarh
Decided on: Apr-25-2007
Reported in: 2007CriLJ3246
ORDERL.C. Bhadoo, J.1. This revision under Section 397 read with Section 401 of the Cr. P. C. has been preferred by accused/applicant Ram Kalap Maurya being aggrieved by the order dated 14-10-99 passed by the 1st Additional Sessions Judge, Rajnandgaon in S. T. No. 105/99 whereby learned Additional Sessions Judge after perusal of the record of the Sessions Trial No. 105/99 reached to the conclusion that prima facie based on material available on record offence under Section 306 of the I. P. C. was made out against the accused/applicant and accordingly ordered for framing the charge.2. Facts in brief necessary for the disposal of this criminal revision are that at the relevant time i.e. in the intervening night of 24th/25th April, 1999 the accused/applicant herein was working as superintendent of the Government Chemical Fertilizer Godown of M. P. State Co-operative Marketing Federation Ltd., whereas, deceased K. L. Baghel was working as Godown in-charge of the said Marketing Federation a...
Ravi Shankar Vs. Rajendra Kumar and anr.
Court: Chhattisgarh
Decided on: Apr-24-2007
Reported in: 2007(3)MPHT115(CG)
D.R. Deshmukh, J.1. Being aggrieved by the dismissal of Civil Appeal No. 23-A of 2000 by the Additional District Judge, Mungeli vide judgment and decree dated 22-2-2002 affirming the judgment and decree dated 15-9-2000 passed by the Civil Judge Class I, Mungeli in Civil Suit No. 24-A of 1978 decreeing the suit for possession of suit land, the appellant/defendant has preferred this second appeal.2. In this appeal, the following facts are not disputed:(A) The appellant/defendant is in possession of the suit land bearing Kh. No. 378/3 area 4.30 acre, Kh. No. 378/6 area 0.48 acres and Kh. No. 380/3 area 0.05 acre, total area 4.83 acres (hereinafter referred to as the 'suit lands') situated in Village Semarsal since 1973.(B) A subsequent suit (Civil Suit No. 19-A of 1989) filed by respondent-plaintiff Rajendra Kumar (legal representative of Chandan Bai brought on record during the pendency of Civil Suit No. 24-A of 1978) for declaration of title, possession and damages in relation to Kh. 16...
Govind Warkade Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Apr-23-2007
Reported in: 2007(3)MPHT75(CG)
ORDERSatish K. Agnihotri, J. 1. The petitioner has challenged the legality and validity of the order dated 17-3-2004 (Annexure P-8) passed by the Director General of Police and order dated 8-11 -2004 (Annexure P-4) passed by the Superintendent of Police, Rajnandgaon, where under the petitioner was punished with by withholding increment with cumulative effect having effect on the pension of the petitioner and the suspension period was treated as suspension only.2. The indisputable facts, in nutshell, are that the petitioner working as Assistant Sub Inspector at Kotwali, Rajnandgaon was served with a charge-sheet dated 24-6-2001 (Annexure P-1) by the Superintendent of Police, Rajnandgaon, to the effect that the petitioner was ordered to work in the Naxalile affected Police Station, Aundhi. The petitioner, the delinquent employee, did not carry out the said order. Thus, it is a grave misconduct. Reply was filed. Enquiry Officer was appointed. The Sub Divisional Officer (Police), Ambagarh ...
New India Assurance Co. Ltd. Vs. Smt. Jasinta Kujur and ors.
Court: Chhattisgarh
Decided on: Apr-19-2007
Reported in: 2008ACJ1946; AIR2007Chh107
ORDERL.C. Bhadoo, J.1. Heard.2. This appeal has been preferred by the New India Assurance Company Limited, aggrieved by the award dated 5-12-1995 passed by the Motor Accidents Claims Tribunal, Bastar (Jagdalpur) in claim case No. 10/90 Smt. Jasinta Kujur v. Gurdeep Singh and Ors.3. Brief facts necessary for the disposal of this appeal are that on 20th February, 1990 at about 3.30 p.m. Egenesh Ekka along with Harish Kujur were going on a motorcycle from their Village: Dhanora to Dugoli. One truck bearing registration No. MBY-9538 was coming from Bijapur opposite side. Driver of the truck was Gurdeep Singh who was driving the truck rashly and negligently. He dashed the truck against the motorcycle TVS bearing registration No. UAU-3168 as a result of which Egnesh Ekka & Harish Kujur, who were on the motor cycle, were thrown on the ground. They sustained grievous injuries on head, chest & ribs as a result of which they succumbed to the injuries sustained by them, on the spot. Wife and chil...
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