Chhattisgarh Court November 2008 Judgments
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Paras Ram Sahu Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Nov-11-2008
Reported in: 2009(1)MPHT35(CG)
ORDERSatish K. Agnihotri, J.1. By this 'petition, the petitioner impugns the order dated 15-11-2006 (Annexure P-l) passed by the Additional Collector, Bemetara, in Case No. 36-C/144/2005-06, whereby the decision of the Presiding Officer was quashed wherein it was held by the Presiding Officer that the 'no confidence motion' was not carried out.2. The indisputable facts, in nutshell, as projected by the petitioner are that the petitioner is a duly elected Sarpanch of Gram Panchayat, Kaun, Tehsil Nawagarh, District Durg and 'no confidence motion' was brought against the petitioner on 6-7-2006 after following due procedure as required to initiate no confidence motion. According to the petitioner, only seven persons voted in favour of the motion and three persons voted against the motion and one was declared invalid by the Presiding Officer. The requirement 3/4th of the total members present voting in favour No Confidence Motion would be 8.35 as total numbers of members present were 11. Ev...
Rajesh Kurre Vs. Safurabai and ors.
Court: Chhattisgarh
Decided on: Nov-11-2008
Reported in: 2009(1)MPHT37(CG)
ORDERT.P. Sharma, J.1. By this petition, the applicant has challenged legality & propriety of the judgment dated 17-4-2008 passed by the Sessions Judge, Kabirdham in Criminal Appeal No. 5/2008, whereby learned Sessions Judge has partly modified the amount of monthly maintenance awarded to the non-applicants under the provisions of Section 20(1)(d) of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act') by the Judicial Magistrate, First Class, Kawardha vide order dated 14-12-2007 of Misc. Criminal Case No. 76/2007.2. The part of the judgment is challenged on the ground that while awarding any maintenance in accordance with Section 20(1)(d) of the Act, the Court is required to award maintenance in accordance with Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Code'), but the Trial Court has not awarded maintenance in accordance with Section 125 of the Code and thereby committed illegality.3. I have heard learned Counsel for the parties and p...
Premlal and ors. Vs. Smt. Basanti Bai Kesharwani and State of Chhattis ...
Court: Chhattisgarh
Decided on: Nov-10-2008
Reported in: 2009(1)MPHT5(CG)
ORDERDhirendra Mishra, J.1. By this order, the appellants' applications i.e. I.A. No. 5, application for withdrawal of the appeal with liberty to prefer civil revision against the impugned judgment & decree; I.A. No. 6, application for refund of court-fee affixed in the first appeal & I.A. No. 7, application for permission to return certified copy of the impugned judgment & decree, are being disposed of.2. This first appeal is directed against the judgment and decree dated 11.5.2007 passed in Civil Suit No. 38-A/2007 whereby the learned 3rd Additional District Judge, Bilaspur has decreed the suit of the plaintiff/respondent No. 1 herein with cost and directed the defendants/appellants herein to restore vacant possession of the suit land/ house & hotel to the plaintiff within a period of one month failing which the plaintiff would be entitled for damages @ Rs. 2,000/- per month.3. The respondent No. 1/plaintiff filed the above suit under Section 6 of the Specific Relief Act, 1963 (for s...
Bharat Alias Bhartha Vs. State of M.P. (Now Chhattisgarh)
Court: Chhattisgarh
Decided on: Nov-10-2008
Reported in: 2008(5)MPHT85(CG)
Sunil Kumar Sinha, J.1. Appellant-Bharat @ Bhartha stands convicted under Section 302, IPC and sentenced to undergo imprisonment for life by the Sessions Judge, Ambikapur, District Surguja in Sessions Trial No. 164/1988 on 29th of January, 1992.2. The brief facts are that on 1-4-87 at about 5.00 p.m. Deoveer (since deceased) had gone to purchase paddy-straw in the house of one Amira and had taken his radio with him. At about 7.00 p.m., he returned to his house and said to his daughter, Parwati that appellant Bharat has taken his radio. After some time, Bharat also reached to the house of Deoveer but he was not carrying the radio, on which, a fight begun between appellant-Bharat and deceased-Deoveer. Seeing all this, Parwati (P.W. 8) called brothers of Bharat. They came their and tried to pacify the quarrel. When they were taking Bharat to his house, appellant Bharat, all of a sudden, picked up one khair club, which was lying there, and gave a blow on the head of Deoveer. Deoveer receiv...
Ramchandra Yadav, Vs. Mastan Singh and Divisional Manager
Court: Chhattisgarh
Decided on: Nov-07-2008
Reported in: 2009(1)MPHT27(CG)
ORDERDhirendra Mishra, J.1. This is owner's appeal against the award dated 23rd April 1998 passed in claim case No. 74/91 whereby learned Additional Motor Accident Claims Tribunal, Korba allowing the claim petition of respondents No. 1 awarded compensation of Rs. 1,60,000/- in favour of the claimant/respondent and held the owner of the vehicle liable for payment of compensation by exonerating the Insurance Company from its liability to satisfy compensation amount.2. The appellants are legal representatives of original appellant Ram Deo Yadav, who was registered owner of the Jeep bearing registration No. U.M.B./5253.3. Briefly stated the case of the claimant before the Claims Tribunal was that on 8-6-1991 he was going with his wife and others in the jeep from Champa to Korba. The jeep was owned by Ram Deo Yadav and driven by Ram Gopal. The driver of the jeep, rashly and negligently driving the jeep, dashed it against a culvert, as a result he sustained grievous injuries. He was admitted...
Smt. Sandhya Devi and ors. Vs. Sanjeev Kumar Gupta @ Chunnu and ors.
Court: Chhattisgarh
Decided on: Nov-06-2008
Reported in: 2009(1)MPHT64(CG)
ORDERD.R. Deshmukh, J.1. Invoking the civil revisional jurisdiction under Section 115 of the Code of Civil Procedure (henceforth 'the Code') the applicants/plaintiffs have assailed the order dated 24-3-2008 passed by the District Judge, Ambikapur in Civil Suit No. 9-A/2003, whereby the application of the applicants/plaintiffs under Order 23 Rule 1 (3) of the Code dated 12-3-2008 seeking withdrawal of the suit with liberty to institute a fresh suit was dismissed.2. It is not disputed that in Civil Suit No. 9-A/2003 evidence of the parties has not begun.3. Brief facts are that the applicants/plaintiffs had instituted the aforesaid suit on 12-11-2003 against the non-applicants/defendants for permanent injunction restraining them from raising any construction of Saw Mill over the suit land. After the death of the plaintiff Laxmi Chand Gupta, the applicants, who are the legal representatives of the deceased Laxmi Chand Gupta, were substituted. The suit was founded on the averments that Laxm...
Dauji Farms Limited and ors. Vs. Dena Bank and anr.
Court: Chhattisgarh
Decided on: Nov-05-2008
Reported in: AIR2009Chh22
ORDERSatish K. Agnihotri, J.1. By this petition, the petitioners seek to challenge the validity and legality of the notice dated 28-7-2008 (Annex-ure-P/4) under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act'). Further challenge is to the reply dated 10-10-2006 (Annexure-P/6) to the legal notice of the petitioners and intimation-cum-letter demanding possession of securities dated 23-10-2006 (Annexure-P/9).2. The indisputable facts, in nutshell, as projected by the petitioners, are that the petitioner No. 1 is a public limited company, engaged in the business of milling, sorting & trading of rice and related products. Petitioners Nos. 2 & 3 are the Directors of the petitioner No. 1. According to the petitioners, the petitioner No. 1 was allegedly given financial assets in the shape of packing credit hypothecation limit, foreign bill purchase limit, term loan and foreign letter of cred...
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