Chhattisgarh Court August 2007 Judgments
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Ram Prasad Agrawal Vs. Rammanohar Soni
Court: Chhattisgarh
Decided on: Aug-30-2007
Reported in: 2008(1)MPHT1(CG)
D.R. Deshmukh, J.1. This is the defendant/tenant's second appeal.The respondent/plaintiff had instituted a suit for eviction of the appellant/defendant on grounds under Section 12(1)(b), (c), (d) and (m) of the Chhattisgarh Accommodation Control Act, 1961 (henceforth 'the Act, 1961').2. Vide judgment and decree dated 6-7-2000 passed by 1st Civil Judge Class I, Rajnandgaon in Civil Suit No. 9-A/1998 the suit was decreed on all the aforesaid grounds.3. The appellant/defendant preferred first appeal. 1st Additional District Judge, Rajnandgaon, vide judmgent and decree dated 11-12-2002 in Civil Appeal No. 15-A/2000, affirmed the findings recorded by the Trial Court relating to grounds for eviction under Section 12(1)(b) and (c) of the Act, 1961 while reversing the Trial Court's judmgent and decree for eviction under Section 12(1)(d) and (m) of the Act, 1961.4. It is not in dispute that the appellant/defendant is a tenant in the suit accommodation situated at Manav Mandir Chowk, Rajnandgaon...
R. Narayanan and S.R. Tainguria Vs. State of Chhattisgarh and anr.
Court: Chhattisgarh
Decided on: Aug-27-2007
Reported in: 2008(1)MPHT77(CG)
ORDERSunil Kumar Sinha, J.1. Since the relief(s) claimed in both the petitions are identical, therefore, they are being disposed of by this common order.2. The brief facts are that on the date of filing of the writ petitions, the petitioners were working on the substantive post of Deputy Director, Local Fund Audit since 5th July, 2002. During the pendency of writ petition, petitioner-S.R. Tainguria has been superannuated on 30th June, 2007, whereas other petitioner-R. Narayanan is going to retire in the month of November, 2007.3. In accordance with the provisions of Madhya Pradesh (Chhattisgarh) Local Fund Audit (Gazetted) Service Recruitment Rules, 1991 (hereinafter referred to as 'the Rules'), which is applicable in the case of petitioners, for promotion to the post of Joint Director from the post of Dy. Director, 3 years experience is required. The claim of the petitioners is that though the petitioners were eligible and entitled to be considered for promotion to the next higher pos...
Smt. Neeru Soni and Smt. Vandana Soni Vs. Municipal Corporation
Court: Chhattisgarh
Decided on: Aug-27-2007
Reported in: 2007(4)MPHT35(CG)
ORDERSatish K. Agnihotri, J.1. With the consent of the parties the matter was heard finally.2. The petitioner. (Smt. Neeru Soni) in W.P. (C) No. 4982/ 2007 and Petitioner (Smt. Vandana Soni) in W.P (C) No. 4983/ 2007 impugns auction notice dated 19-7-2007 (Annexure P-5) and not the cancellation order dated 8-6-2007 of allotment of the shop Nos. F/ 16 and F/15, respectively, in Sheetla Commercil Complex, Bhilai, District Durg.3. According to learned Counsel for the petitioners car the respondent/Corporation issued an auction notice dated 8-3-2006 (Annexure P-1) for auction of the shops at various commercial complexes, including Shretla Commercial Complex, Bhilai. The petitioners participated in the auction proceeding and they being the highest bidders in the auction held on 27-3-2006, in the premises of the respondent/Corporation were allotted the shop Nos. F/l6 and F/15, respectively. The petitioners, accordingly, deposited the required security amount and l/3rd amount of the total fin...
Kuldeep Tigga Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Aug-24-2007
Reported in: 2007(4)MPHT87
ORDERSunil Kumar Sinha, J.1. Heard.2. This is the second bail application filed under Section 439 of the Code of Criminal Procedure. The earlier bail application was dismissed, as withdrawn vide order dated 21-3-2007 passed in M.Cr.C. No. 19/2007, therefore, this bail application is being considered on merits.3. It relates to Crime No. 275/2006, registered at Police Station, Darri, District Korba (CG) for the offence punishable under Section 302/34 of IPC.4. The case of the prosecution is that 3 friends namely Kuldeep Tigga (present applicant), Raju Nishad (since deceased) and Pramod Tirkey (co-accused, who has already been granted bail) were going to the house of deceased - Raju Nishad on a Rajdoot motorcycle. On the way, they stopped at a particular place. At what time, some telephonic calls was received on the mobile set of applicant-Kuldeep Tigga. On this, the deceased asked that from where the call is coming, and in reply, the applicant said that the call is coming from his girlfr...
Birjha Bai Vs. Beduram Sinha and ors.
Court: Chhattisgarh
Decided on: Aug-24-2007
Reported in: 2007(4)MPHT99(CG)
ORDERD.R. Deshmukh, J.1. The appeal was finally heard today.2. The appellant is aggrieved by the award dated 26-8-2006 passed by the 10th Additional Motor Accidents Claims Tribunal, (FTC), Durg (henceforth 'the MACT') in Claims Case No. 132/2005, whereby the compensation of Rs. 2,20,000/- has been awarded for the accidental death of Kartik Ram, aged 55 years.3. The MACT assessed the monthly income of the deceased at Rs. 3,000/- per month. Considering the fact that the widow was the sole claimant, the MACT deducted 1/2 towards personal expenses of the deceased and assessed the loss of yearly dependency at Rs. 1500 x 12 = 18,000/-. Applying multiplier of 11, total loss of dependency was assessed at 18,000 x 11 = 1,98,000/-. Adding to it a further consolidated sum of Rs. 22,000/- under various conventional heads, the MACT awarded Rs. 2,20,000/- as compensation.4. Learned Counsel for the appellant submitted that the compensation awarded by the MACT has been deposited by the Insurance Compa...
Royal Sundaram Alliance Insurance Company Ltd. Vs. Jhool Bai and ors.
Court: Chhattisgarh
Decided on: Aug-24-2007
Reported in: 2009ACJ758; AIR2008Chh8
Dilip Raosaheb Deshmukh, J.1. Being aggrieved by the award dated 9-11-2006 passed by the IXth Additional Motor Accidents Claims Tribunal (F.T.C). Bilaspur (hereinafter referred to as 'the MACT') in Claim Case No. 5/2006 granting compensation of Rs. 9,31,196/- for the death of Dhansai, a Gateman in the Railways due to vehicular accident with a tractor trailer, the insurer has filed Miscellaneous Appeal (C). No. 85/2007 and the claimants have filed Miscellaneous Appeal (C) No. 14/2007, which are being disposed of by this common order.2. During the course of arguments, the following facts were not disputed by learned Counsel for the appellants and the owner in both the appeals:(A) That Dhansai was working as a Gateman in the South Eastern Railway at Bilaspur.(B) That tractor and trailer No. CG 07 D 4349 and 4350 (hereinafter referred to as 'the tractor trailer') were owned by respondent No. 5, Smt. Khorbaharin (hereinafter referred to as 'the owner') insured by the appellant (hereinafter ...
Krishna Kumar Soni and ors. Vs. Rajulal Soni and ors.
Court: Chhattisgarh
Decided on: Aug-24-2007
Reported in: 2007(4)MPHT39(CG)
D.R. Deshmukh, J.1. Being aggrieved by the judgment and decree dated 24-4-2001 passed by Shri M, Katulkar, VIth Additional District Judge, Durg, in Civil Suit No. 11-A/ 2000 granting partition of the joint family property and severance of one-forth share of the respondent/plaintiff, the appellants/defendants have preferred this appeal.2. The following facts are not disputed in this appeal:Chandulal Soni was the owner of the suit house as shown in the map annexed to the plaint situated in Motipara, in front of Luchki Talab, Durg. The respondent/plaintiff Rajulal Soni, appellants/defendants No. 9, Kamta Prasad Soni and No. 10, Babulal Soni and Makhanlal Soni were the sons of Chandulal Soni. Makhanlal Soni was the eldest amongst the sons. The appellants/ defendants-Nos. 1 to 6 are the sons, No. 7, the daughter and No. 8, the widow of Makhanlal Soni. After the death of Chandulal Soni in 1956, under a family arrangement, late Makhanlal Soni and his three brothers continued to reside in port...
Uttam Rajak Vs. Smt. Shanti Bai Chouksey
Court: Chhattisgarh
Decided on: Aug-23-2007
Reported in: AIR2007Chh133; 2007(4)MPHT91
ORDERD.R. Deshmukh, J.1. Heard on application for amendment of the revision petition for raising additional grounds.2. Prayer is not opposed. Amendment be incorporated today.3. This revision was finally heard today.4. The petition/tenant is aggrieved by the order dated 5-5-2007 passed by the Rent Controlling Authority, Bilaspur (hereinafter referred to as the RCA) in Case No. 2/A-90 (6)/2006-07, whereby the application filed by the petitioner/tenant under Section 23-C of the Chhattisgarh Accommodation Control Act, 1961 (henceforth 'the Act, 1961') for permission to contest the application for eviction was rejected on the ground that it was not filed within 15 days from the date of service of notice upon him.5. Brief undisputed facts are that the respondent/landlord filed an application under Section 23-A of the Act, 1961 before the RCA for eviction of the petitioner/tenant on 30-12-2006. Summons to the tenant was not issued in the form specified in the 2nd Schedule to the Act, 1961. Th...
Mukesh Singh Thakur Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Aug-23-2007
Reported in: AIR2008Chh4; 2008(1)MPHT82(CG)
ORDERS.K. Agnihotri, J.1. The petitioners in this batch of petitions are seeking admission to the B. Ed. course in various colleges situated within the State of Chhattisgarh on the basis of the written examination held on 13-6-2007 and the result thereof declared on 3-7-2007. Thus, the question of law and facts involved in all these petitions are the same and arise from the same cause of action. Hence, these petitions are being disposed of by this common order.2. The petitioners, pursuant to the notification dated 20th April, 2006 issued by the School Education Department, State of Chhattisgarh, submitted their application forms for appearing in the Pre B. Ed. examination for admission to the B. Ed. course. Rule 4 of the Chhattisgarh B. Ed. Pravesh Rules, 2006, (for short 'the Rules, 2006') provides for eligibility qualification for admission to the B. Ed. course, wherein it was provided that the candidate should have three years graduate degree. The petitioners, after having made appl...
Balram Sharma Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Aug-22-2007
Reported in: 2007CriLJ4396; 2008(1)MPHT28(CG)
L.C. Bhadoo, J.1. Condemned prisoner Balram Sharma was tried by the 2nd Additional Sessions Judge, Durg, in S.T. No. 14/2007 for commission of offence under Section 302 of the I.P.C. for committing the murders of his wife Shakuntala Sharma, sons Sonu alias Vineet Sharma and Monu alias Sumit Sharma. Learned 2nd Additional Sessions Judge by his judgment dated 7-5-2007 after holding the condemned prisoner guilty for commission of offence under Section 302 of the I.P.C. for committing the murders of the above persons, sentenced him to death.2. Criminal Appeal No. 516 of 2007 has been filed by the condemned prisoner/appellant challenging legality & correctness of conviction and sentence imposed upon him by the 2nd Additional Sessions Judge, Durg vide judgment dated 7-5-2007. On the other hand, learned 2nd Additional Sessions Judge has made Criminal Death Reference No. 1 of 2007 under Section 366(1) of the Cr. P.C. to this Court for confirmation of the death sentence imposed by him on the co...
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