Court : Chhattisgarh
Reported in : 2008(3)MPHT6(CG)
ORDERD.R. Deshmukh, J.1. Being aggrieved by the judgment and decree dated 28-2-1997 passed in Civil Suit No. 90-A/1995 by the 12th Civil Judge, Class-2, Raipur granting relief of possession of the suit shop to the non-applicant/plaintiff herein in a suit under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act, 1963'), the applicant/defendant has preferred this Civil Revision as no appeal lies under Section 6(3) of the Act, 1963.2. Brief facts are that the non-applicant/plaintiff filed a Civil Suit before the 12th Civil Judge Class II, Raipur, on 20-8-1992 under Section 6 of the Act, 1963 against the applicant/defendant for recovering possession of the suit shop situated at Kalibadi Chowk, Raipur and shown by red ink in the plaint map, on the ground of forcible and unlawful dispossession by the applicant/defendant on 10-3-1992. For purposes of pecuniary jurisdiction, the suit was valued at Rs. 10,100/-.3. The applicant/defendant resisted the suit on the gro...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008(2)MPHT73(CG)
ORDERSunil Kumar Sinha, J.1. Being aggrieved with the order dated 27-2-2007 passed by the learned Single Judge in Writ Petition No. 5715/2005, the appellant/petitioner has preferred this writ appeal.2. The brief facts are that the husband of the petitioner namely Shri Bhaskar Naik was working as a Security Guard in the State Bank of India, Main Branch, Jagdalpur, Distt. Bastar. He died in harness on 6-7-2000 leaving behind the petitioner (wife), 3 daughters and one minor son. After his death, the petitioner made an application for her appointment on compassionate grounds. Her application was processed and ultimately vide order dated 22-7-2005, the same was dismissed.3. The contention of the respondents before the Single Judge was that there is a Scheme for appointment on compassionate ground in terms of the guidelines received from the Government of India and the Indian Banks Association, according to which, the financial condition of the family has to be determined by the Competent Au...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008(2)MPHT88(CG)
Rajeev Gupta, C.J.1. Heard learned Counsel for the parties on admission.2. Appellant-Bharti Sonkar, has filed this writ appeal against the impugned order dated 4-3-2008, passed in W.P. (C) No. 2284/2007.3. Appellant/petitioner filed the writ petition for the following reliefs:7.1. (1) The Hon'ble Court may kindly be pleased to call for the entire records reading to passing of the impugned memo, dated 26-3-2007 (Annexure P-10) before this Hon'ble Court, for its kind perusal.7.2. The Hon'ble Court may kindly be pleased to issue a writ of certiorari quashing the entire proceedings culminating into memo dated 26-3-2007 (Annexure P-10) and declare the same as void and inoperative, and the further proceedings consequent to memo dated 26-3-2007 be also quashed.7.3. Cost of the petition may also be granted to the petitioner.7.4. Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.4. The petitioner, thus, in sub...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008(2)MPHT78(CG)
ORDERD.R. Deshmukh, J.1. Heard on I.A. No. 2, an application for taking document on record. LA. No. 2 is allowed and the document is taken on record.2. Heard on admission.3. Shri Malay Kumar Bhaduri, learned Counsel appearing for the appellants/defendants has raised a preliminary objection that in view of the constitution of Family Court vide Notification F. No. 1507/D-397/21-B/C.G./05, dated 24-2-2005 with effect from 28-3-2005 for Bilaspur, District, all pending proceedings stood transferred automatically to the Family Court so constituted and, therefore, the Court of VIIIth Additional District Judge, F.T.C., Bilaspur had no jurisdiction to try Miscellaneous Case No. 38/2005 for grant of maintenance under the Hindu Adoption and Maintenance Act.4. Shri Samir Singh, learned Counsel appearing for the respondents/plaintiffs does not dispute that in view of Section 8 of the Family Courts Act and the constitution of Family Court for Bilaspur District, the Court of VIIIth Additional Distric...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2009ACJ2015; 2008(3)MPHT11(CG)
ORDERRajeev Gupta, C.J.1. The impugned award dated 15-2-2003 passed by the Eighth Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal'), in Claim Case No. 128/2002 has given rise to the filing of these two Miscellaneous Appeals, i.e., M.A. No. 372/2003 and M.A. No. 391/2003. The claimants have filed MA No. 372/2003 for enhancement of the compensation, whereas M.A. No. 391/2003 is at the behest of the insurer of the offending vehicle against the award.2. The claimants, unfortunate parents of deceased - Kaushal Prasad Choudhary, claimed compensation of Rs. 50,75,000/- by filing a claim petition under Section 166 of the Motor Vehicle Act for his death in the motor accident, when he was dashed by the offending vehicle-truck bearing Registration No. M.P. 26-D/1762, resulting in multiple serious injuries to Kaushal Prasad Choudhary who succumbed to those injuries on his way to the hospital. The claimants further pleaded that their son Kaushal Prasad Choudhary used to ear...
Tag this Judgment!Court : Chhattisgarh
Reported in : [2008(118)FLR977]; 2009(2)MPHT37(CG)
ORDERSatish K. Agnihotri, J.With the consent of the parties, the matter is taken up for hearing finally.1. The petitioner was initially appointed on 20-5-2005 (Annexure P-1) on temporary basis as Majdoor for a period of 30 days. Thereafter, the appointment of the petitioner continued on account of several orders passed for his engagement for 30 days, and in some cases for 89 days, on daily wages basis. The grievance of the petitioner is that on 23-11-2007 (Annexure P-23) the petitioner was appointed from 1-12-2007 to 31-12-2007, but this order was not given effect to as the petitioner was not appointed. Thus, this petition.2. I have heard learned Counsel appearing for the petitioner, perused the pleadings and documents appended thereto.3. All the orders annexed herewith from Annexures P-1 to P-23 are not addressed to the petitioner or any other daily wages employee. These are the orders permitting engagement of certain employees for a period of 30 days or in some cases 89 days, to the ...
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2008Chh54
ORDERDhirendra Mishra, J.1. The petitioner has filed this petition under Article 226 of the Constitution of India for the following relief(s):A. A writ and /or an order in the nature of writ of mandamus do issue commanding and directing the respondent Bank authorities to produce before this Hon'ble Court all the relevant records for perusal of this Hon'ble Court.B. A writ and/or an order in the nature of writ of mandamus do issue commanding and directing the respondent Bank authorities to act in consonance with the law laid down in Para 45 of the Mardia Chemicals Ltd.'s case, (AIR 2004 SC 2371) and strictly in accordance with Section 13 (2) & (4) of the Act and the Rules 3-A & 4 of the Rules, 2002, as amended up-to-date, and prohibiting the respondent Bank authorities from taking possession of the said shops and movables since pre-conditions for exercise of those powers have not been followed by the authorities.C. A writ and/or an order in the nature of writ of certiorari do issue quas...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008(3)MPHT26(CG)
Sunil Kumar Sinha, J.1. The appellants/claimants have filed this appeal for enhancement of the amount of compensation awarded by the III Addl. Motor Accident Claims Tribunal, Bastar, Jagdalpur, on 19-4-1994 in Claim Case No. 50/1988.2. The brief facts are that on 28-2-1988, the truck bearing Regn. No. M.T.G. 4022 dashed the son of the claimants namely Banti, aged about 21 years, who received many injuries and ultimately died in the hospital on the same day. The claimants filed claim petition claiming compensation to the tune of Rs. 4 lakhs. The said claim was contested by the respondents.3. After framing issues and recording evidence of parties the Claims Tribunal recorded a finding that the accident occurred due to rash and negligent driving of the offending truck by its driver and the claimants were entitled to receive compensation on account of death of their son. The Tribunal awarded a sum of Rs. 21,000/- as the amount of compensation to the claimants on the ground of future expect...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008(2)MPHT80(CG)
ORDERSatish K. Agnihotri, J.1. The petitioner was appointed as Assistant Teacher by District Education Officer, Education District, Bemetara on 3-1-1995. The petitioner was posted at Government Primary School, Mohbhattha, Block Bemetara, Education District, Durg, at the relevant time, when the impugned order dated 22-7-2007 (Annexure P-1), transferring the petitioner from Education District, Bemetara to the Education District, Durg at Primary School, Kotera, Block Daundilohra, was passed by the Deputy Collector for Collector (Revenue), District Durg.2. Learned Counsel appearing for the petitioner submits that the transfer of the petitioner from Education District, Bemetara to the Education District, Durg would prejudice and adversely affect the service condition of the petitioner as the petitioner is at Serial No. 887 in the seniority list of the Assistant Teachers as on 1-4-2006, maintained by the Education District, Bemetara. Learned Counsel relied on a promotion order dated 2-8-2007...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008(3)MPHT50(CG)
ORDERRajeev Gupta, C.J.1. This is claimants' appeal filed under Section 173 of the Motor Vehicles Act for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (henceforth 'the Tribunal') vide award dated 25th April, 2005 passed in Claim Case No. 169/2004.2. The claimants, unfortunate widow and minor children of deceased-Komal Singh claimed compensation of Rs. 21,50,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act, 1988 (henceforth 'the Act') for his death in the motor accident on 13-1-2004 when his vehicle was dashed by the offending vehicle-truck bearing registration No. CG 05 ZC 0193 resulting in his instantaneous death on the spot. The claimants further pleaded that the deceased-Komal Singh used to earn Rs. 4,000/- per month by working as Manager in Maa Karma Borewells.3. The owner, driver and insurer of the offending vehicle-truck contested the claim and denied their liability to pay the compensation to the c...
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