Chhattisgarh Court September 2007 Judgments
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Smt. Neetu Singh Vs. Sunil Singh
Court: Chhattisgarh
Decided on: Sep-28-2007
Reported in: AIR2008Chh1
L.C. Bhadoo, J.1. By this appeal under Section 19(1) of the Family Courts Act, 1984, appellant Smt. Neetu Singh has questioned legality and correctness of the order dated 15-6-2006 passed by the Judge, Family Court, Bilaspur on an application filed by the appellant under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act, 2005') whereby learned Judge, Family Court held that since application has been filed under Section 12 of the Act, 2005, which ought to have been filed before the Magistrate and the relief sought for falls under the jurisdiction of the Civil Court, therefore, it be returned to the appellant for filing the same before the competent Court having jurisdiction.2. Brief facts necessary for the disposal of this appeal are that the appellant herein filed an application under Section 12 of the Act, 2005 read with Section 7 of the Family Courts Act, 1984, in the Court of Judge, Family Court, Bilaspur on 13-6-2006 with th...
Satish Jaggi Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Sep-20-2007
Reported in: 2008(1)MPHT13(CG)
ORDERSunil Kumar Sinha, J.1. This Criminal Revision had been filed under Sections 397/401 of the Code of Criminal Procedure against the order dated 20-3-2007 passed by the Special Judge under SC & ST (Prevention of Atrocities) Act, Raipur in Bail Petition No. 338/2007, whereby respondent No. 2 was admitted to regular bail under Section 439 of the Code of Criminal Procedure.2. Briefly stated the facts are as follows:(i) On 4-3-2007, the petitioner herein filed a private complaint against respondent N. 2 and one Mukesh Gupta (the then Inspector General of Police, Raipur) for offences punishable under Section 302 read with Sections 120B, 323, 324, 427 and 217, IPC and Sections 25 and 27 of the Arms Act in the Court of Additional Chief Judicial Magistrate (ACJM), Raipur. The complaint was based upon the FIR No. 105/2003, dated 4-6-2003, registered at P.S. Moudhapara, Raipur, which was later on sent for investigation by Central Bureau of Investigation (CBI). The complaint was registered as ...
Yugal Kishor and ors. Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Sep-17-2007
Reported in: 2008CriLJ736; 2008(2)MPHT100(CG)
L.C. Bhadoo, J.1. The Appellants have preferred this appeal against the judgment of conviction and order of sentence dated 20th December, 2001 passed by the 7th Additional Sessions Judge, Raipur in Sessions Trial No. 71/2001, whereby learned Additional Sessions Judge, after holding the accused/appellants guilty for commission of offence under Sections 148, 302 read with Sections 149 & 323 read with Section 149 of the IPC, sentenced each of the accused/ appellants to undergo R.I. for two years, imprisonment for life and pay a fine of Rs. 500/- in default of payment of fine to further undergo R.I. for six months and R.I. for one year, respectively.2. Case of the prosecution, in brief, is that on 25th October, 2000 some altercation took place between Ashish Dubey (since deceased) and accused Yugal. Ashish Dubey called accused Yugal as Bhootnath, therefore, Yugal abused Ashish Dubey whereupon, Ashish Dubey gave beating to Yugal on which Yugal threatened Ashish that he will see him. On the ...
Keshav Sahu Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Sep-17-2007
Reported in: 2008(2)MPHT28(CG)
Sunil Kumar Sinha, J.1. Challenge is made to the judgment of conviction and order of sentence dated 13-12-2001 passed in S.T. No. 5/2001 by the IIIrd Addl. Sessions Judge (F.T.C.) Raigarh, whereby, the said Court, after holding the accused/ appellant guilty of offence punishable under Sections 302, 364 and 201 of IPC, sentenced him to undergo life imprisonment and R.I. for 3 years - 3 years with a further stipulation to run the sentences concurrently.2. Brief facts are that the deceased namely Sameer Agrawal, aged about 6 years, was studying in Saraswati Shishu Mandir, Kharsiya. He was son of Shiv Kumar Agrawal (P.W. 7) and nephew of Yogesh Kumar Agrawal (P.W. 1). The accused was working as Jeep driver in the family of deceased and he used to take the children of their family to the school by Jeep. But on account of some dispute regarding theft of diesel, he was removed from the service 3 months prior to the date of incident. The case of the prosecution is that on 8-11-2000 the decease...
Shankar @ Tunu, Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Sep-14-2007
Reported in: 2007(4)MPHT70(CG)
Sunil Kumar Sinha, J.1. Criminal Appeal No. 26/2000 filed by accused appellant Shankar @ Tunnu, Cr. A. No. 27/2006 filed by Santu @ Motu and Cr. A. No. 28/2006 filed by Sukdeo @ Gonga are arising out of the same judgment passed in Sessions Trial No. 303/2005, therefore, they are being disposed off by this common judgment.2. These appeals are directed against the judgment of conviction and order of sentence dated 31st December, 2005 passed by the Sessions Judge, Jagdalpur (Bastar) in S.T. No. 303/2005, where by the said Court after holding the appellants guilty for the offence punishable under Section 302 read with Section 34 and Section 201, IPC, sentenced them to undergo imprisonment for life and R.I. for 3 years with a further stipulation that the sentence awarded under Section 201, IPC shall be deemed to be adjusted in the sentence of life imprisonment.3. The case of the prosecution is that on 18-5-2005 at about 2.40 p.m., the mother of the deceased namely Setobati lodged a merg int...
Amru S/O. Shivcharan Gond Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Sep-14-2007
Reported in: 2008CriLJ284
L.C. Bhadoo, J.1. By this appeal under Section 374(2) of the Cr. P.C. the accused/appellant has questioned legality and correctness of the judgment of conviction and order of sentence dated 20th November, 2001, passed by the 3rd Additional Sessions Judge, Ambikapur in S.T. No. 433/ 2000 whereby the learned Additional Sessions Judge after holding the accused/appellant guilty for commission of offence under Sections 307 and 302 of the IPC, for attempting to commit murder of his wife namely, Khoiti Bai and committing the murder of his son Karamsai aged about 10 months, sentenced him to undergo R.I. for 5 years and to undergo imprisonment for life, respectively. It was further directed that both the sentences shall run concurrently.2. The case of the prosecution, in brief, is that Khoiti Bai (P.W. 5) was married to the accused/appellant and there was son Karamsai, aged about 10 months out of the wedlock. Their relations became straind, as the accused did not want to keep Khoiti Bai therefo...
R.N. Mishra Vs. Manoj Jain
Court: Chhattisgarh
Decided on: Sep-12-2007
Reported in: 2008(1)MPHT11(CG)
ORDERDhirendra Mishra, J.1. Heard.2. The petitioner has filed this petition under Section 482 of Cr.PC against the order dated 19-7-2007 passed in Criminal Revision No. 90/07 whereby learned 10th Additional Sessions Judge, Raipur has rejected his revision arising out of the order dated 11-5-2007 passed by learned Additional Chief Judicial Magistrate, Raipur in MJC No. 146/07 whereby the petitioner has been directed to deposit the fine amount of Rs. 1,25,000/- imposed on him by this Court vide order dated 14-8-2006 passed in Criminal Revision No. 405/2006.3. The short question involved for adjudication of this petition is whether warrant for levy of fine can be issued under Section 421 of Cr.PC against an accused, who has been convicted and sentenced to pay fine with stipulation that in default of payment of fine he shall undergo simple imprisonment for specific period and who has already undergone the simple imprisonment on default of payment of fine?4. It is not in dispute that this C...
Baijnath and anr., Pila Dau and anr. and Jhingur Yadav Vs. Chandrika P ...
Court: Chhattisgarh
Decided on: Sep-11-2007
Reported in: 2007(4)MPHT115(CG)
ORDERL.C. Bhadoo, J.1. The above miscellaneous appeals are being disposed of by this common order, as all these appeals are arising out of the same incident.2. M.A. Nos. 1019/2003, 1020/2003 and 1021/2003 have been filed by appellants Baijnath, Champa, Pila Dau, Aadharmati and Jhingur Yadav under Section 173 of the Motor Vehicles Act, 1988 questioning legality and correctness of the award dated 31-7-2003 passed by the 2nd Additional Motor Accidents Claims Tribunal, Baloda Bazaar in Claim Case Nos. 31/2000, 28/2000 and 29/2000, on the ground that the compensation amount awarded to the appellants Is much lower, whereas they are entitled for more compensation amount. M.A. Nos. 811/2003, 962/2003, 1012/2003 and 1013/2003 have been filed by appellant Awadh Ram Sahu on the ground that the tractor trolley in question was insured with the Oriental Insurance Company Limited, therefore, liability for payment of the award ought to have been fixed on the Insurance Company instead of on the appella...
Jayesh Kumar JaIn Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Sep-07-2007
Reported in: 2007(4)MPHT97(CG)
ORDERSatish K. Agnihotri, J.1. According to learned Counsel appearing for the petitioner, the petitioner is working as State Coordinator in Kas Foundation, which is incorporated under Section 25 of the Companies Act, 1956. The main function of the Corporation is to provide financial support in rural areas of the country. The respondent No. 4 Shri Pradeep Singh was appointed as Assistant Manager at Bhilai Branch of the Company for coordinating two joint liability groups coordinator (JCs) for collecting installments of repayment of loan from the clients of the company. The respondent No. 4 was terminated from the services on 7-2-2007 due to some indiscipline committed by him.2. It is alleged by the petitioner that the company has come across some information through reliable sources that even after termination of the respondent No. 4 from the services, he was collecting money from the clients/JCs of the company and is not depositing the same with the company, thereby cheating the company...
R. Gopalakrishnan Vs. the Manager, Karasaka Roadways Pvt. Ltd. and anr ...
Court: Chhattisgarh
Decided on: Sep-03-2007
Reported in: [2008(117)FLR702]; 2008(1)MPHT103
ORDERD.R. Deshmukh, J.1. Being aggrieved by the order dated 12-7-1995 passed by the Commissioner for Workmen's Compensation, Jagdalpur (hereinafter referred to as the 'Lower Court') in Case No. 18/93 W.C. Act/non-FA awarding compensation of Rs. 67,776/- to the appellant/workman against the respondents, i.e., the employer and the Insurance Company, appellant/workman has filed this appeal under Section 30 of the Workmen's Compensation Act, 1923 (henceforth 'the Act').2. The factual matrix not disputed in this appeal is as under:Admittedly, the appellant/workman was under employment of the respondent No. 1 on 30-4-1989 as a driver of vehicle No. T.A.I. 2368, which met with an accident, due to which, lower 2/3rd of the left hand, le., from slightly above the elbow of the appellant had to be amputated. On the date of accident, the risk of the Workman was covered under a policy of insurance by the respondent No. 2. The appellant/workman was earning a salary of Rs. 2200/- per month and was ag...
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