Chhattisgarh Court November 2008 Judgments
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Surya Prakash Vs. Ramratan and ors.
Court: Chhattisgarh
Decided on: Nov-26-2008
Reported in: 2009(1)MPHT60(CG)
ORDERSatish K. Agnihotri, J.1. Challenge to this petition is the order dated 13-2-2006 (Annexure P-l) passed in Election Petition No. 8/A/89 (21)/2004-05 (Ramratan v. Anant Kumar and Ors.) by the Sub Divisional Officer-cum-Prescribed Authority, Bhilaigarh, wherein the election of the petitioner herein to the post of Sarpanch was declared void as per provisions of Rule 23 (1) (b) of the Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (for short 'the Rules 1995').2. The brief facts, in nutshell, for adjudication of the case are, that the respondent No. 1 herein challenged the election of the petitioner, held on 15-1-2005, whereby the petitioner was elected as Sarpanch of Gram Panchayat, Pisid, under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short 'the Adhiniyam, 1993') read with provisions of Rules, 1995 on the ground of disqualification for encroachment of Government land. In the election petition, ...
Thakumal (Since Deceased) Through L.Rs. Mamtabai and ors. Vs. Chakradh ...
Court: Chhattisgarh
Decided on: Nov-26-2008
Reported in: AIR2009Chh27; 2009(1)MPHT17(CG)
D.R. Deshmukh, J.1. Legal representatives of the deceased tenant Thakumal have preferred this second appeal against the judgment and decree dated 29-2-1996 passed by the Additional District Judge, Baloda Bazar (henceforth 'the Lower Appellate Court') in Civil Appeal No. lll-A/91 affirming the judgment and decree for eviction of the tenant passed by the Civil Judge Class-II, Baloda Bazar (henceforth 'the Trial Court') in Civil Suit No. 52-A/84 on 6-9-1985.2. Admittedly, Shankar Rao Bhosle, who died in 1974, had inducted Thakumal Sindhi as a tenant over a house situated near Old Bus Stand Simga, Tehsil Baloda Bazar, District Raipur (henceforth 'the suit house') on a monthly rent of Rs. 10/-. The tenancy was monthly commencing on the first day of every English Calendar month. Provisions of Madhya Pradesh Accommodation Control Act, 1961 did not apply to the suit house. On death of Shankar Rao Bhosle in March, 1974, the suit house fell to the share of Chakradhar Rao Bhosle in a mutual parti...
JagatnaraIn Tripathi Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Nov-24-2008
Reported in: 2009(3)MPHT81(CG)
ORDERDhirendra Mishra, J.1. This petition is directed against the order of Annexure P-l, dated 22nd May, 2000 whereby Superintendent of Police, Bilaspur, has stopped paying anticipatory pension to the petitioner in exercise of power under Rule 8 (1) (b) of the M.P. Civil Services (Pension) Rules, 1976 (hereinafter referred to as 'the Rules, 1976').2. Undisputed facts are that while the petitioner was posted as Assistant Sub Inspector at Belgahana Chowki, P.S. Kota, he was charge-sheeted, convicted and sentenced under Section 161 of the IPC and Section 5 (1) and 5 (2) of the Prevention of Corruption Act vide judgment dated 15-2-1994 passed in Special case No. 3/87. His appeal against conviction is pending before the High Court and substantive jail sentence has been suspended vide Annexure P-2. The petitioner retired on 31st December, 1994 during the period of his suspension and the State Government fixed anticipatory pension after his retirement. However, by the impugned order payment o...
T.S. Pathare Vs. C.G. State Civil Supplies Corporation Limited and the ...
Court: Chhattisgarh
Decided on: Nov-24-2008
Reported in: 2009(3)MPHT91(CG)
Dhirendra Mishra, J.1. This is the second round of litigation. Earlier the petitioner had filed W.P. (s) No. 5442/08 against his transfer order dated 26.8.2008 (Annexure P-1) which was disposed of by this Court with a direction to the respondent No. 1 to decide representation of the petitioner against his transfer expeditiously preferably within a period of six weeks from the date of receipt of the representation. Representation of the petitioner has been rejected vide order dated 11.11.2008 (Annexure P-5).2. Mr. Kesharwani, learned Counsel for the petitioner vehemently argued that from bare perusal of the impugned order by which the representation has been rejected it is evident that the petitioner has been transferred on the basis of certain complaints by way of punishment and as such, the same is punitive in nature. Punishment by way of transfer has been imposed without following the principles of natural justice and therefore, the same is liable to be quashed. Reliance is placed on...
Leeladhar Yadav Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Nov-21-2008
Reported in: 2009(2)MPHT13(CG)
ORDERT.P. Sharma, J.1. This application has been filed for anticipatory bail as the applicant is apprehending his arrest in connection with Crime No. 121/2008 registered at Police Station, Bageecha, District Jashpur for the offences punishable under Sections 384, 386, 294, 506(B) and 323 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'the Act').2. Case of the prosecution in brief is that the present applicant is the Panch, complainant Kuldeep Tirky is the Sarpanch and one Selbestar Minj is the Secretary of Gram Panchayat, Budhadand. The applicant filed an application before the Competent Authority under the provisions of Right to Information Act, 2005 seeking certain information relating to developmental work carried by the Gram Panchayat Budhadand in the year 2005-06 and 2006-07. After filing the said application, the applicant was threatened by complainant Kuldeep Tirky, Secretary Selbestar Minj ...
Mangal Singh Vs. State of M.P. (Now Chhattisgarh)
Court: Chhattisgarh
Decided on: Nov-21-2008
Reported in: 2009(1)MPHT12(CG)
Sunil Kumar Sinha, J.1. Appellant Mangal Singh stands convicted under Sections 302 and 201, IPC and sentenced to undergo Rigorous Imprisonment for life & fine of Rs. 500/- and Rigorous Imprisonment for 1 year and fine of Rs. 250/- with default sentences by the Additional Sessions Judge, Sakti, District Bilaspur in Sessions Trial No. 463/96 on 25-7-1997.2. The deceased namely Jyoti Bai was the wife of the appellant. Both were workers in Saroja Circus which was camping in Village Birra near Jaijaipur Police Station. On 4-10-96, at about 12 in the Noon, some quarrel took place between the appellant and the deceased on account of bath of their child, on which, the deceased left the camp and went somewhere. When she was searched by the appellant along with one Teras, they found that she was sitting near a well. On the next day, the dead body of the deceased was found in the well.3. A merg intimation (Exh. P-13) was lodged by the appellant in Police Station Jaijaipur. The Investigating Offic...
Markami Deva and ors. Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Nov-18-2008
Reported in: 2009CriLJ585
Sunil Kumar Sinha, J.1. This appeal is directed against the judgment of conviction and order of sentence dated 21-12-2001 passed by the Fourth Additional Sessions Judge, Jagdalpur (Bastar) in Sessions Trial No. 514/2000, whereby, the appellants have been convicted under Ss. 449 and 302/ 34, I. P. C. and sentenced to undergo R.I. for 5 years and fine of Rs. 200/- and imprisonment for life and fine of Rs. 300/- with default sentences in both the counts. Appellant-Malla has been further convicted under Section 324,I. P. C. and sentenced to undergo R.I. for 1 year and to pay a fine of Rs. 100/-, in default of payment of fine to further undergo R.I. for 1 month. Appellants-Malla, Deva S/o. Joga and Hidma have been also convicted under Section 323, I. P. C. and sentenced to undergo imprisonment for 6 months and to pay a fine of Rs. 100/-, in default of payment of fine to further undergo R.I. for 6 months. The sentences so awarded to the appellants have been directed to run concurrently.2. Th...
Awtaar Singh Vs. Regional Transport Authority and anr.
Court: Chhattisgarh
Decided on: Nov-17-2008
Reported in: 2009(1)MPHT95(CG)
Satish K. Agnihotri, J.1. By this petition, the petitioner impugns the order dated 12-6-2008 (Annexure P-1) passed by the State Transport Appellate Tribunal (hereinafter referred to as 'STAT') in Revision No. 107/2007 (Kanker Roadways v. Avtar Singh and Anr.), whereby the stage carriage bus permit dated 26-4-2007 (Annexure P-4), granted to the petitioner to ply vehicle No. C.G. 04 E-7009 from Raipur to Jagdalpur via Dhamtari, Kanker, Kondagaon for the period 1-6-2007 to 31-5-2012, was set aside.2. The brief facts, in nutshell, are that the petitioner applied for grant of permit on 12-3-2007 (Annexure P-2), wherein the vehicle No. CG 04 E-0399 was stated, for the route Raipur to Jagdalpur via Dhamtari, Kanker, Kondagaon. Before grant of permit, the petitioner made a request for substitution of the vehicle No. CG 04 E-0399 by a new vehicle No. CG 04 E-7009. All the necessary documents of new vehicle No. CG 04 E-7009 were also supplied. The prayer of the petitioner was allowed and the per...
Gopal Prasad Kaushik Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Nov-12-2008
Reported in: 2009(1)MPHT32(CG)
ORDERSatish K. Agnihotri, J.1. The facts, in nutshell, are that the respondent No. 5 was duly elected as President of the Krishi Upaj Mandi Samiti, District Bilaspur (for short 'the Mandi Samiti') in the election held on 20-1-2006 and on 24-1-2006. The petitioner is a permanent resident of Village Parsada, District Bilaspur, and voter in the Mandi Samiti. The respondent No. 5, despite having disqualification under Section 36 (m) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, i.e., the respondent No. 5 was having five living children out of which two were born after 26th January, 2001, filed nomination on 4-1-2006. The petitioner raised objection at the time of filing of nomination. The same was rejected. Thus, after election, this writ petition for declaring election of respondent No. 5 as void on the ground of having disqualification at the time of filing nomination.2. Shri B.L. Dembra, learned Counsel appearing for the petitioner submits that the issue as to whether the responden...
Karmajeet Kaur and ors. Vs. Sardar Ajitsingh and anr.
Court: Chhattisgarh
Decided on: Nov-11-2008
Reported in: 2009(1)MPHT1(CG)
Sunil Kumar Sinha, J.1. The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') against the award dated 11-4-2000 passed by the Third Additional Motor Accident Claims Tribunal, Bastar, Jagdalpur in Claim Case No. 20/99, whereby, the Claim Petition filed by the appellants/claimants under Section 166 of the Act has been dismissed by the Tribunal.2. The appellants are the wife and children of deceased-Tajinder Singh, who died in the motor accident on 14-8-1995. The deceased was the driver in Truck No. MP-25-2569. The truck was owned by respondent No. 1. On 14-8-95, the deceased was driving this truck and was carrying iron from Beladilla to Bhilai. On the way, in Bastarnar Valley, due to overloading, the vehicle could not over run the ups of the Valley and it started coming down. The deceased applied the brake but there was mechanical failure of brake and steering, due to which, the vehicle could not be contro...
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