Chhattisgarh Court December 2009 Judgments

Sunita Jaiswal (Smt.) Vs. State of Chhattisgarh and ors.

Court: Chhattisgarh

Reported in: 2010(1)MPHT109(CG)

ORDERSatish K. Agnihotri, J.1. With the consent of learned Counsel appearing for the parties, the petition is heard finally.2. By this petition, the petitioner impugns the order of' termination dated 30-10-2009 (Annexure P-l) passed by the Chief Executive Officer, Janpad Panchayat, Bharatpur, District Koriya, on the ground that the authority is not competent to pass such an order.3. Schedule I Rule 2 (b) of the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Services) Rules, 2007 (for short 'the Rules, 2007') clearly provides that in case of Shiksha Karmi Grade-Ill the Appointing Authority is the Chief Executive Officer of Janpad Panchayat with approval of General Administration Committee, Janpad Panchayat. Whether approval has been obtained or not, it is not clear.4. Rule 13 of the Rules, 2007 provides for an appeal against any order passed under these rules. If the order has been passed either by the Chief Executive Officer or any other Authority, the same shall b...

Avtar Singh Vs. State of Madhya Pradesh (Now C.G.)

Court: Chhattisgarh

T.P. Sharma, J.1. Challenge in this appeal is to the judgment of conviction & order of sentence dated 27-12-1982 passed by the Sessions Judge, Sessions Division, Mandla in Sessions Trial Nos. 61/80 & 62/80, whereby & where under learned Sessions Judge after holding the appellant guilty for commission of offence under Sections 302 read with Section 34, 307 read with Section 34 of the I.P.C. & 28 of the Arms Act, sentenced him to undergo imprisonment for life, R.I. for five years & R.I. for two years, respectively. However, the Sessions Judge has acquitted the appellant herein of the charge under Section 302 of the I.P.C. and the remaining fifteen accused persons of the charge under Sections 120B, 307 read with Section 34, 302 read with Section 111 & 302 read with Section 34 of the I.P.C.2. Judgment is impugned on the ground that without any iota of evidence to connect the appellant with the crime in question viz., presence of the appellant armed with rifle at the time of incident, recov...

The Indure Private Limited Vs. Chhattisgarh State Power Generation Com ...

Court: Chhattisgarh

Reported in: 2010CompLR1(NULL)

Sunil Kumar Sinha, J.1. Chhattisgarh State Power Generation Company Limited (hereinafter referred to as CSPGCL/Employer) issued notice inviting tenders (NIT) for awarding contract of work of Balance of Plant (BOP) Package for 1x500 MW Korba West, Thermal Power Project (TPP) Extension stage III. The scope of work as shown in the NIT was Design, Engineering, Manufacture, Assembly, Testing at Works, Supply, Civil and Structural Works, Erection, Testing and Commissioning of Balance of Plant Package as per Bid Specification No. 03- 06/KORBA WEST/BOP-ICB/T-O1/09.2. The tender had to be submitted in 3 Envelopes. Envelope No. 1 containing bid security; Envelope No. -2 containing technical & commercial bids and Envelope No. 3 containing price bid. The bidder found to be qualified after opening Envelope No. 1 was to be considered for next stage, i.e. for opening of Envelope No. 2, and envelope No. 3 was to be opened if the bid of concerned bidder is found responsive.3. Clause 3 of Instructions t...

Naresh Sinha Vs. State of Chhattisgarh and ors.

Court: Chhattisgarh

Reported in: 2010(1)MPHT50(CG)

ORDERDhirendra Mishra, J.1. The petitioner by the instant petition has prayed for quashing of the circular/order dated 30-9-2009 (Annexure P-1) issued by the Panchayat & Rural Development Department, Government of Chhattisgarh, whereby guidelines for allotment and reservation of different posts in Panchayat Elections, 2009 by lot has been circulated. The petitioner has also impugned the notification dated 20-10-2009 (Annexure P-2) issued in the exercise of powers under Section 13/129 (e) of the C.G. Panchayat Raj Adhiniyam, 1993 (for brevity 'Adhiniyam, 1993') read with Rule 4 of the C.G. Panchayat Elections Rules, 1995 (for brevity 'Rules, 1995') whereby reservation of different Wards of Gram Panchayats Suklabhata & Aamachani of Janpad Panchayat Magarlod has been notified.2. The Adhiniyam, 1993 was amended vide notification dated 23-5-2008 whereby Section 13 (5) and (6), Section 17 (3), Section 23 (4) and (5), Section 25 (2) (b), Section 30 (4), (5) and Section 32 (2) (b) of the Adhin...

Roop Chand Khatik Vs. State of Chhattisgarh

Court: Chhattisgarh

Reported in: 2010(1)MPHT80(CG)

ORDERT.P. Sharma, J.1. By this petition under Section 482 of the Cr.PC, the petitioner has prayed for quashment of the order confirming the confiscation proceeding of the vehicle, passed by the Sessions Judge, Durg in Criminal Revision No. 180/2005, vide order dated 25-4-2006.2. Quashment is prayed on the ground that without any provision for confiscation of the vehicle under the Indian Forest Act, 1927 (for short 'the Act, 1927') or the Chhattisgarh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964 (for short 'the Act, 1964'), the forest authorities have confiscated the vehicle No. CG-08/ZB-0106 and thereby committed illegality.3. Brief facts necessary for the disposal of this petition are that the petitioner, who is owner of vehicle No. CG-08/ZB-0106, was transporting 50 bags of Tendu leaves from Maharashtra to Dongargarh. Search was made by the forest officers and Tendu leaves & vehicle were seized. Confiscation proceeding was initialed under the Act, 1964 and after providing opportuni...

Saradhuram Vs. State of Chhattisgarh

Court: Chhattisgarh

Reported in: 2010CriLJ1188

T.P. Sharma, J.1. Challenge in this appeal is to the judgment of conviction & order of sentence dated 15.2.2002 passed by the Second Additional Sessions Judge (F.T.C.), Kanker, in Sessions Trial No. 198/2000 whereby & whereunder learned Second Additional Sessions Judge after holding the appellant guilty for the offence of murder punishable under Section 302 of the Indian Penal Code sentenced him to undergo imprisonment for life.2. Judgment & order are challenged on the ground that without there being credible evidence to connect the appellant in the crime in question, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.3. Case of the prosecution, in brief, is that on the fateful day of 4/5.3.2000, deceased Gagru was sleeping in his courtyard (Badi) beside fire. His wife Sukho Bai (PW-1) was also sleeping another side of fire. At late night, the appellant came with axe and assaulted the deceased Gagru by axe over his temporal regi...

Mahendra Kumar Vs. State of Madhya Pradesh (Now C.G.)

Court: Chhattisgarh

Reported in: 2010CriLJ1167

R.L. Jhanwar, J.1. This Criminal Appeal is directed against the judgment of conviction and order of sentence dated 20-11-1993, delivered in Special Case No. 33/92 whereby the learned Special Judge, Durg has convicted the appellant under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 (henceforth 'the Act of 1989') and sentenced him to undergo R.I. for 18 months and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo S.I. for 4 months.2. The brief facts are that on 30-3-1992, the prosecutrix Parmila Bai lodged a written report in the Police Station Arjunda that on 28-3-1992, in the night at about 9O' clock, the appellant Mahendra Kumar made assault and tried to outrage her modesty near the house of Kotwarin, while she was returning to her house with her aunt Agasiya Bai after watching movie in Television. On the basis of report of the prosecutrix, F.I.R. Ex. P/1 crime was registered for an offence punishable u...

R.N. Wahne Vs. Smt. Vinita Wahne

Court: Chhattisgarh

Reported in: AIR2010Chh28

T.P. Sharma, J.1. This first appeal under Section 19(1) of the Family Courts Act, 1984 (in short 'the Act, 1984') is directed against the judgment & decree of dismissal of the suit for dissolution of marriage by a decree of divorce dated 23-1-2007 passed by the Third Additional Principal Judge, Family Court, Durg, in Civil Suit No. 141 A/06.2. Judgment & decree are challenged on the ground that the Court below has not considered the proved case of cruelty committed by the respondent and thereby committed illegality.3. Brief facts necessary for disposal of this appeal as per pleadings of the parties are that the parties are Hindu legally wedded spouse. The appellant was married with respondent on 28-6-1987. Parents of the respondent after concealing the truth of mental illness of the respondent married with the appellant. Behavior of the respondent was abnormal right from the beginning and was regularly creating problem for him, his parents and his family. She used to misbehave with the...

State of Madhya Pradesh Vs. R.K. Pandey (Died) and anr.

Court: Chhattisgarh

Reported in: 2010(1)MPHT98(CG)

Rajeshwar Lal Jhanwar, J.1. The State has preferred this appeal against the order of acquittal dated 5th September, 1991 passed by the learned 4th Additional Sessions Judge, Bilaspur in Special Case No. 1/88, whereby the learned 4th Additional Sessions Judge has acquitted the respondents from the charge under Section 161 of the IPC and Section 5 (1) (d) and Section 5(2) of the Prevention of Corruption Act, 1947 (for short 'the Act').2. Due to death of respondent No. 1-R.K. Pandey, during the pendency of this appeal, the appeal on behalf of respondent R.K. Pandey has been abated.3. Case of the prosecution, in brief, is that the complainant Akram Ali, who is resident of Village Gajra was working on the post of Fitter in WCL. Due to some altercation between him and Tulsi at Bankimongara, Tulsi and his brother had lodged a report against him in the Police Station, Bankimongara. After 3-4 days of lodging of report, Head Constable Rampher (respondent No. 2) of Police Station, Bankimongara ha...