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Chhattisgarh Court July 2007 Judgments

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Jul 30 2007

Saugat Banarjee Vs. Vivekanand Vidyapeeth and ors.

Court: Chhattisgarh

Decided on: Jul-30-2007

Reported in: 2007(4)MPHT9(CG)

ORDERSatish K. Agnihotri, J.1. By this petition, the petitioner challenges the legality and validity of the show-cause notice dated 25-11-2003 (Annexure P-1) calling upon the petitioner to file his response to the alleged 8 charges within a period of 10 days. The petitioner was further called upon to make it clear if the petitioner wants personal hearing. The petitioner further impugns the second notice dated 30-12-2005 (Annexure P-2) calling upon the petitioner to explain as to why the disciplinary action be not taken against him for refusing to accept the charge-sheet dated 25-11-2003 and further declining to accept the charge-sheet sent by the registered post.2. The case of the petitioner is that the petitioner was appointed as contingency paid Tabla Teacher on 29-9-1997 in the respondent No. 1 Institute, however, no letter of appointment was supplied to him. The respondent No. 1 Institute is fully aided by the Government. There are 64 regular posts and 25 contingency paid posts san...


Jul 26 2007

Narsingh Konda Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Jul-26-2007

Reported in: 2008CriLJ652

L.C. Bhadoo, J.1. By this appeal, filed under Section 374(2) Cr.P.C. the appellant has questioned the legality and correctness of the judgment of conviction and order of sentence dated 23-11-2001, whereby, the learned Second Additional Sessions Judge (FTC), Bemetara, in ST. No. 319/2000, after holding the accused/appellant guilty for commission of the offence under Section 302 of IPC for causing death of Kunwar Singh, sentenced the appellant to undergo R.I. for life and to pay a fine of Rs. 5,000/- in default of payment of fine to further undergo R.I. for 1 year.3. The case of the prosecution in brief is that on 8-8-2000, at about 8.00 a.m. the accused/appellant went in front of the house of Kunwar Singh (since deceased) and called him. On hearing the call of the accused, Kunwar Singh came out of the house. The accused asked Kunwar Singh as to why he has diverted the course of water towards his field from accused field, on which, Kunwar Singh replied that he had not diverted the course...


Jul 26 2007

Gyan Singh and anr. Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Jul-26-2007

Reported in: 2008CriLJ1072

L.C. Bhadoo, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 31-1-2002 passed by the 1st Additional Sessions Judge, Ambikapur in S.T. No. 319/2000 whereby learned Additional Sessions Judge after holding the accused/appellants guilty for commission of offence under Section 302 read with Section 34 of the I. P. C, for committing the murder of Kan Rai, sentenced each of the accused to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo R. I. for 6 months.2. The case of the prosecution, in brief, is that on 24-8-2000 at about 2.30 p.m. Nirmal Kumar was at his residence, at that time, Kenda Kumhar came to his house and informed him that Kan Rai is being beaten, therefore, he along with Kenda Kumhar went to Sita Jhorikha Khar agricultural field, he saw from 100 meter and shouted towards the accused persons as to why they are beating Kan Rai, at that time accused Jhakadi was holding lathi ...


Jul 25 2007

Lochan Prasad Maravi (St) Vs. D.R. Deshmukh (Distt. Judge), Now Addl. ...

Court: Chhattisgarh

Decided on: Jul-25-2007

Reported in: 2007(4)MPHT111(CG)

ORDERSunil Kumar Sinha, J.1. The petitioner, who was appointed as a Process Writer in the District Court Establishment, Bilaspur and was removed pursuant to a departmental enquiry vide order No. 628/11-16-17/91, dated 14-9-1999, passed by respondent No. 1 while he was working as a District and Sessions Judge, Bilaspur, has challenged the validity of elevation of respondent No. 1 as an Additional Judge of the High Court of Chhattisgarh saying it to be contrary to the provisions of the Constitution of India.2. As stated in the petition, the petitioner belongs to Scheduled Tribe Category. He makes allegations that during the year 1997, respondent No. 1, while he was working as the District and Sessions Judge, Bilaspur, appointed as many as 12 employees but none of them belonged to SC/ST Category. He pleaded that Section 4 of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (hereinafter referred to as 'the Act,...


Jul 23 2007

Vinayak Sen Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Jul-23-2007

Reported in: 2007CriLJ4736

Sunil Kumar Sinha, J.1. The petitioners, who have been arrested in connection with Crime No. 44/2007 registered at Police Station Ganj, Rajpur, Under Sections 10(a)(1), 20, 21, 38, 39 of the Unlawful Activities (Prevention) Act 1967 and Section 8(1)(2)(5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 (hereinafter referred to as the Act of 1967 & Act of 2005) and Section 120B, 121A, 124A of IPC has filed this petition Under Section 429 of the Code of Criminal Procedure for grant of regular bail as he is in jail since 14-5-2007.2. The case of the prosecution is that one Narayan Sanyal alias Navin Sanyal (a co-accused of this case) is kept in custody in Central Jail, Raipur. He happens to be a member of terrorist organization namely Communist Party of India (Marxist Leninist) enlisted at Entry No. 24 of the Schedule prepared Under Sections 2(1)(m) & 35 of the Act, 1967. The allegations are that the petitioner is also associated with the said organization with an intention to fu...


Jul 20 2007

Narayan Vishvnath Rajput Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Jul-20-2007

Reported in: 2007CriLJ3908

Sunil Kumar Sinha, J.1. This judgment shall govern the disposal of both the criminal appeals as they arise out of a common judgment dated 8th August, 2001 passed by the Special Judge (SC & ST (Prevention of Atrocities) Act), Raipur in Special Sessions Case No. 82/2000, whereby, the appellants were convicted under Section 376(2)(g) IPC, and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo R.I. for 6 months.2. The appellants were charged under Section 376(2)(g), IPC read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Special Act.3. The brief facts are that at the relevant time, the prosecutrix, Smt. Sunita Bai (P.W. 8) was working as a labour in a Plywood Factory. She had joined the said work just 2 days prior to the date of incident. Some construction work was going on in the factory, in which the appellant Narayan was working a...


Jul 19 2007

Sanjeet Pal Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Jul-19-2007

Reported in: 2007CriLJ3840

ORDERSunil Kumar Sinha, J.1. Heard finally with the consent of both the parties. Common order passed as follows:A short question raised for consideration is as to whether the sentences awarded to the sole accused in two different Criminal Cases on the same day shall be served upon him concurrently or consecutively, where there is no such direction in the judgments in this regard and the judgments are silent on this point.2. Petitioner Sanjeet Pal was accused in 2 different crime numbers registered as Crime No. 152/1993 and 155/1993 and two different charge-sheets were filed against him. Criminal Case No. 948/1999 relates to Crime No. 152/1993, whereas, Criminal Case No. 949/1999 relates to Crime No. 153/1993. In both these Criminal Cases, the petitioner was Convicted under Section 420 and 468 of IPC and sentenced to undergo R.I. for 2-2 years on each count and to pay a fine of Rs. 500-500/- in default of payment of fine to further undergo additional imprisonment for 2-2 months with a f...


Jul 16 2007

Harnam Singh Vs. C.G. Electricity Board

Court: Chhattisgarh

Decided on: Jul-16-2007

Reported in: 2007(4)MPHT109

Dilip Raosaheb Deshmukh, J.1. The appellant/plaintiff has preferred this appeal against the judgment and decree dated 10.12.97 passed in Civil Suit No. 5-B/90 by 5th Additional District Judge, Bilaspur whereby the suit for recovery of Rs. 1,14,555.59 was dismissed.2. Admittedly, after filing written statement and framing of issues, the respondent/defendant remained ex parte in suit. It is also not in dispute that the respondent/defendant had by work order dated 8.1.1980 entrusted the work of transportation of 2.5 lakh metric ton coal from W.C.L. River Bed Quarry (R.B.Q.) to power house No. I/II, M.P.E.B., Korba.3. The appellant/plaintiff had pleaded that the respondent/defendant repeatedly caused hindrance in the completion of work entrusted to him, due to which, till 20.02.80 he could transport only 9807.548 metric tonnes coal, and thereafter, had to stop further transportation. Since the respondent/defendant neither refunded the security deposit of Rs. 10,000/- nor paid the charges t...


Jul 16 2007

Krishna Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Jul-16-2007

Reported in: 2007(4)MPHT76

Dhirendra Mishra, J.1. The appellant has preferred this appeal against the judgment dated 29th June, 2001 passed in Sessions Trial No. 257/2000, whereby the learned Sessions Judge, Bilaspur after holding the accused/appellant guilty of causing homicidal death of Santoshi Bai, has convicted him under Section 302 of the IPC and sentenced him to undergo imprisonment for life.2. Briefly stated case of the prosecution is that husband of the deceased Ramkhilawan (P.W. 1) lodged First Information Report (Exh. P-9) in Police Station Pali, Distt. Korba at about 12.00 noon on 1-5-2000 mentioning therein that he and Santoshi Bai were married two years before the date of incident and 15 days before the incident he had taken Santoshi after Gouna. On 23-4-2000 he along with his wife Santoshi had gone to Navapara (Dhawaihapara). On 30-4-2000 his wife Santoshi complained of stomach-ache in the morning, then his mother-in-law told Santoshi that she is going along with Ramkhilawan to forest for bringing...


Jul 13 2007

Chhattisgarh Chemical Mill Mazdoor Sangh Vs. Director, Keystone Indust ...

Court: Chhattisgarh

Decided on: Jul-13-2007

Reported in: 2007(3)MPHT86(CG)

Jagdish Bhalla, Actg. C.J.1. This writ appeal is directed against the order dated 6-2-2007 passed by learned Single Judge in Writ Petition No. 4052/2004 whereby the writ petition was allowed and the award dated 6-8-2004 pronounced by the Labour Court (constituted under the Industrial Disputes Act, 1947), Durg, (CG) (hereinafter referred to as 'Labour Court, Durg) was set aside and four workmen represented through respondent No. 2 in the writ petition were declared to be entitled to one month's pay in lieu of notice with compensation and encashment of un-availed portion of leave.2. Proceeding before the Labour Court started when on behalf of the State Government Shri H.R. Dwivedi, Dy. Labour Commissioner, Chhattisgarh Area, Raipur referred the following industrial dispute to the Labour Court under Section 10 of the Industrial Disputes Act, 1947 (Act 14 of 1947).D;k Jh mns';ke ,oa vU; 3 lwph layXu dks lsok i`dhdj.k oS/k ,oa mfpr gS ;fn ugha rks os fdl lgk;rk ds ik= gSa ,oa bl laca/k esa ...


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