Chhattisgarh Court January 2008 Judgments
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Firdaus Bano Vs. Mohammad Ashraf
Court: Chhattisgarh
Decided on: Jan-15-2008
Reported in: 2008(2)MPHT111(CG)
ORDERDhirendra Mishra, J.1. The petitioner by this petition under Section 482 of the Code of Criminal Procedure (for brevity 'the Code') has impugned the order dated 9th December, 2004 passed in Criminal Revision No. 28/04 arising out of the order dated 23-2-2004 passed by Additional Chief Judicial Magistrate, Khairagarh in Criminal Case No. 4/02 whereby the learned Additional Sessions Judge, Khairagarh has partly allowed the criminal revision and set aside the order of maintenance under Section 125 of the Code passed in favour of the petitioner.2. The facts necessary for the purposes of this petition are that Nikah of the petitioner was solemnized with the respondent on 7th February, 2000 and Mohd. Hussain was born through their wedlock. The petitioner and Mohd. Hussain applied for maintenance under Section 125 of the Code with the allegations that she was harassed and tortured by the respondent and his family members for dowry while she was carrying pregnancy and she was left by them...
Sukhdev Malakar Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Jan-08-2008
Reported in: 2008(2)MPHT20(CG)
ORDERSatish K. Agnihotri, J.1. By this petition, the petitioner has challenged the validity of the order dated 4-10-1997 (Annexure P-l) passed by the Collector (Tribal Welfare Branch), Raigarh, whereunder the grant of regular pay scale to the petitioner was withdrawn and the petitioner was paid thereafter daily wages as per Collector's rate.2. The indisputable facts in nutshell are that initially the petitioner was engaged on daily wages on the post of Cook vide order dated 6-9-1991 and thereafter, the petitioner was granted regular pay scale vide order dated 7-9-1995.3. Learned Counsel appearing for the petitioner would contend that once a right of a particular pay scale has been granted to the petitioner in accordance with law, the same cannot be withdrawn, without affording an opportunity of hearing. The petitioner has acquired the right to the fixed monthly pay scale as his service was regularized. Thus, the impugned order is bad and deserves to be quashed.4. Learned Counsel for th...
Basant Kumar Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jan-08-2008
Reported in: 2008CriLJ1704; 2008(2)MPHT41(CG)
ORDERDhirendra Mishra, J.1. Rakesh Pandey, Advocate for the Applicant2. Mr. S. Yadav, Dy. Govt. Advocate for the State.3. Heard.4. This criminal revision is directed against the judgment dated 14-11-2007 passed in Criminal Appeal No. 27/07 whereby learned Sessions Judge, Janjgir-Champa has upheld the judgment dated 29-8-2007 passed in Criminal Case No. 554/07 whereby the applicant has been convicted under Section 419 read with Section 120B of the Indian Penal Code (for short 'IPC') and Section 4 of C.G. Recognized Examinations Act, 1937 (for short 'the Act') and sentenced to undergo R.I. for 1 year and to pay a fine of Rs. 500/-, in default of payment of fine to undergo R.I. for 1 month on each count.5. The only ground urged by the applicant in this revision petition is that the applicant was less than 21 years of age at the time of incident and Section 6 of the Probation of Offenders Act, 1958 (for short 'Act, 1958') imposes restrictions on imprisonment of offenders under 21 years of ...
Kailash Thakur Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jan-07-2008
Reported in: 2008CriLJ1668
Sunil Kumar Sinha, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 13-2-2003 passed by VIIth Addl. Sessions Judge (FTC), Drug, in Sessions Trial No. 219/2001 whereby the appellant has been convicted under Section 302, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default of payment of fine, to further undergo simple imprisonment for six months.2. The case of the prosecution is that on 27-3-2001 at about 10 p.m. Satwantin Bai (P.W. 2) was present in front of her house. She heard the commotion from a nearby place i.e. chabutara. When she went towards there, she saw that the appellant was quarreling with her nephew Sanjay Yadav (P.W. 4). The deceased Punarad Yadav alias Balla also came over there and said to the appellant as to why he is quarreling with Sanjay Yadav. On this leaving Sanjay Yadav, the appellant pushed Punarad Yadav, took him to some distance and gave one knife blow on the left side of his ...
Kamdev Verma Vs. the State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Jan-02-2008
Reported in: [2008(118)FLR43]; 2008(2)MPHT45(CG)
ORDERSatish K. Agnihotri, J.1. Learned Counsel appearing for the petitioner submits that the petitioner was working on the post of Sub-Engineer in Block Mahasamund. He was dismissed from service on 31.01.1981. 2. The petitioner, by this petition seeks, inter-alia, following relief:7.3 That this Hon'ble Court may kindly be pleased to hold the dismissal to be illegal, arbitrary, perverse, biased, malafide and unconstitutional and the petitioner has been acquitted by learned Chief Judicial Magistrate vide judgment dated 8.12.2004 (Annexure P/3) of the charge falsely roped U/s 409 I.P.C. he be allowed for all the service rules benefits provisional so for pension and retrial benefits gratuities outstanding salary since 31.3.1981 of the dismissal relieving order and with increased benefits salaries dues since date of acquittal dated 08.12.2004 in view of the decision of Hon'ble Supreme Court and provisions of law. Issue of writ direction and order appropriate against the respondents.3. On qu...
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