Chhattisgarh Court August 2008 Judgments
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Sudarshan Behera Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Aug-06-2008
Reported in: 2008(4)MPHT84(CG)
ORDERSatish K. Agnihotri, J.1. By this petition, the petitioner seeks a writ in the nature of mandamus, directing the respondent Nos. 1 and 5 to make payment of compensation of Rs. 4,60,224/- with interest against the acquisition of the land bearing Khasra No. 2130/7, measuring area 0.017 hectare, situated at Bouripara, Ambikapur, District Surguja (hereinafter referred to as 'the disputed land').2. The brief facts, in nutshell, as projected by the petitioner are that the Executive Engineer, Public Works Department (for short, 'PWD'), Ambikapur, requested the competent authority to acquire the disputed land for the purpose of construction of the road. A notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act, 1894') was accordingly issued. Thereafter, a notification under Section 6 of the Act, 1894 was published. All the required steps were taken before passing the award. The Land Acquisition Officer, Ambikapur, by order dated 24-9-2004 (Annexure P-1) pass...
Parmeshwar Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Aug-05-2008
Reported in: 2008CriLJ4190
Sunil Kumar Sinha, J.1. Appellant Parmeshwar has filed this appeal against the judgment of conviction and order of sentence dated 15-2-2002 passed by the V Addl. Sessions Judge, Raipur, in Sessions Trial No. 301/2001 whereby he has been convicted Under Section 302, IPC and sentenced to undergo R.I. for life.2. The brief facts are that the deceased namely Kewra Bai was wife of the appellant. She was residing with the appellant in a rented premises in Urla Basti. Her mother, Bhukhan Bai (P.W. 10) was also residing in a nearby house. On the fateful day i.e. 4-7-2001 at about 5 p.m. Bhukhan Bai was sitting along with her daughter Kewra Bai in front of the house of Kewra Bai. When the accused appellant came there, Kewra Bai had some hot exchanges with the accused saying that how they will maintain themselves when he will not work. Thereafter, a quarrel took place between the husband and wife and during the course of quarrel, the accused/appellant took out a knife from the back of his full-p...
R.S. Bajwa and Company Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Aug-05-2008
Reported in: AIR2008Chh75; 2008(4)MPHT105(CG)
ORDERDhirendra Mishra, J.1. This writ petition is directed against the order dated 5-5-2007 passed by the learned District Judge, Sarguja (Ambikapur) in Execution Proceedings No. 1/2007 whereby the execution application of the petitioner has been rejected with a finding that the Executing Court has no jurisdiction to execute the arbitration award.2. Briefly stated the case of the petitioner is that the petitioner was awarded work of construction of masonry Dam over flow Block No. 7, 8 and 9 and non-over flow Block 10 and 11 with Right Key Wall including RCC Piers, Gallery, Bucket and Bridge etc. of Shyam (Ghunghutta) Project Ambikapur. Agreement No. 24/DL/82-83, dated 25-3-1983 was executed between the parties. The petitioner successfully completed the work under the contract, including the extra works and items, on 30-7-1992 within the extended period of the contract. Clause 51 of the agreement provides for settlement of the dispute. The petitioner, invoking Clause 51, applied for set...
Puran Gosai Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Aug-04-2008
Reported in: 2008CriLJ4393; 2008(4)MPHT78(CG)
Sunil Kumar Sinha, J.1. The appellant, Puran Gosai, has filed this appeal against the judgment of conviction and order of sentence dated 2-8-2002 passed by the 4th Additional Sessions Judge, Ambikapur, in Sessions Trial No. 339/2001 whereby he has been convicted under Sections 450/34, 302/34 and 120-B of IPC and sentenced to undergo RI for 10 years and to pay a fine of Rs. 1000/-, in default of payment of fine, to further undergo RI for 3 months; imprisonment for life and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo RI for six months; and RI for six months, respectively, with a further direction to run the sentences concurrently.2. The case of the prosecution is that in the intervening night of 28/29th of June 2001, the deceased namely Ranthu Puri, his wife Neera Bai (co-accused) and daughter Rita Das (P.W. 10) were sleeping in their hutment in village Belgam. At about 12.00 in the mid night, Rita Das heard some noise and she woke up. She saw that 3 per...
Rajendra Kumar Vs. State of Chhattisgarh and ors.
Court: Chhattisgarh
Decided on: Aug-04-2008
Reported in: 2008(5)MPHT23(CG)
ORDERSatish K. Agnihotri, J.1. With the consent of the parties, the matter is taken up for hearing finally.2. This is a case, wherein, the question of execution of Will dated 18-11-92 is involved.3. The petitioner made an application before the Tehsildar, Pendra Road for mutation of the lands under ownership of Smt. Sushila Bai. The Tehsildar, Pendra Road, on the basis of registered Will dated 18-11-92, directed the mutation in the name of the petitioner by order dated 14-7-2003, on the grounds that no objection was raised by any party.4. Being aggrieved, the respondent Nos. 5 and 6 preferred an appeal before the Sub Divisional Officer (for short 'the SDO'), Pendra Road, being Appeal Case No. 9/A-6/2003-04. The SDO, Pendra Road, rejected the appeal on 28-7-2006 (Annexure P-2). Thereafter, the respondent Nos. 5 and 6 preferred a review application before the SDO (Revenue), Pendra Road, which was allowed by order dated 14-5-2007 (Annexure P-3), holding that deceased Sushila Bai used to s...
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