Chhattisgarh Court June 2010 Judgments
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Chingada Alias Chamara Vs. State of Chattisgarh
Court: Chhattisgarh
Decided on: Jun-29-2010
J U D G M E N TThe following judgment of the Court was delivered by Dhirendra Mishra, J.1. The appellant has preferred this appeal against thejudgment of conviction and order of sentence dated 11th July,2002 passed in S.T. No.271/2002 whereby learned 4th AdditionalSessions Judge (FTC), Bastar at Jagdalpur, after holding theappellant guilty for committing murder of Sharad Chandra Yadav, has convicted him under Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay a fineof Rs.200/-, in default of payment of fine to further undergo additional R.I. for 4 months.2. The case of the prosecution, in brief, as projected in the impugned judgment is that, on 5-2-2000 at about 9 pm the appellant came with two bottles of liquor in the house of Sharad Chandra. Both of them consumed liquor from one bottle. When the deceased opened second bottle, the accused went away. Deceased Sharad after consuming liquor fell sick, suffered stomachache and started writhing. His wife Meena...
Smt. Vijayshree SharmA. Vs. Union of India, and Others.
Court: Chhattisgarh
Decided on: Jun-29-2010
1. This writ petition has been filed against the impugned order dated 23rd January, 2009 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit Court at Bilaspur, in O.A.No.420/2003 whereby the original application filed by respondent no.6 Smt. Jayashree Sharma for grant of family pension to her has been allowed. 2. Brief facts of the case are as under: (i) Deceased R.N. Sharma was working as News Editor in the respondent Department. He took voluntary retirement on 16th Sept. 2002 due to illness and thereafter within a few days he died on 13.11.2002. Respondent no.6 has filed Original Application before the Tribunal on the ground that she was legally wedded wife of late R.N. Sharma, out of the wedlock two children were born and thereafter, he deserted her and started living separately with another woman. She further stated that in the year 2001, R.N. Sharma filed a divorce petition seeking divorce from her in the court of 5th Addl. District Judge, Raipur, under section ...
Manharan. Vs. the State of M P.
Court: Chhattisgarh
Decided on: Jun-28-2010
1. Challenge in this appeal is to the judgment of conviction & order of sentence dated 27.2.1993 passed by the Special Judge, Raipur, in Special Criminal Case No.279/91, whereby & whereunder learned Special Judge after holding appellant guilty for the offence punishable under Section 3 (1) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short `the Act') sentenced him to undergo rigorous imprisonment for six months and to pay fine of Rs.100/-, in default of payment of fine to undergo simple imprisonment for one month. 2. Conviction is impugned on the ground that without any evidence relating to commission of the offence on the ground of caste, the trial Court has convicted & sentenced the appellant as aforementioned and thereby committed illegality. 3. Brief facts necessary for disposal of this appeal are that Devraj Diwan (PW-1), the then Patwari and member of Scheduled Tribe was coming to Nevra on 19.7.91 at about 6.15 p.m., the appellant stopp...
Ram Bhagat Vs. State of M P (Now Chhattisgarh)
Court: Chhattisgarh
Decided on: Jun-25-2010
1. This criminal appeal under Section 374 (2) of the Cr.P.C. is directed against the judgment of conviction and order of sentence dated 19-4-1994 passed in S.T. No.107/92 whereby learned 2nd Additional Sessions Judge, Durg after holding the appellant guilty of murder for causing death of his wife Shakun Bai, has convicted him under Section 302 of the IPC and sentenced him to life imprisonment. 2. Case of the prosecution, in brief, as reflected from the report lodged by the appellant himself, is that he kept Shakun Bai as his wife and resided with her in a house situated at Barbaspur. The appellant sold his house and kitchen garden to one Kishan Gond. In the meanwhile, his wife had gone to Rajnandgaon to her parents. After a week she returned Barbaspur and started residing in the same house after breaking open the lock. When the appellant learned about this from Kishan Gond, he returned from Gunderdehi and persuaded her and on her refusal, he picked up a quarrel with her. Shakun Bai res...
Smt. Rambai DansenA. Vs. State of Chhattisgarh, and Others.
Court: Chhattisgarh
Decided on: Jun-18-2010
1. Heard learned counsel appearing for the writ appellant as well as learned counsel appearing for the respondents. 2. This writ appeal has been filed against the judgment and order dated 15.12.2008 passed in W.P. (S) No. 6998/2008 and the order dated 28.2.2009 passed in Review Petition No. 8/2009, by the learned Single Judge.3. Brief facts of the case are that Gram Panchayat - Kanthipali, Janpad Panchayat Baramkela invited applications for appointment of Anganbadi Worker in village - Sahajpali, in which the writ appellant (Smt. Rambai Dansena) and the respondent No.6 ( Smt. Safed Sidar) applied with the other candidates. The Selection Committee i.e. Village Panchayat Kanthipali made selection and consequently the writ appellant was selected for appointment but the respondent No.6 was not selected and appointed. The respondent No.6 challenged the order of appointment of the writ appellant dated 19.1.2007 before the Collector which was allowed but the writ appellant filed a revision bef...
Satyawan Nahak. Vs. South Eastern Coalfields Ltd, and Another.
Court: Chhattisgarh
Decided on: Jun-17-2010
1. Heard learned counsel for the parties. 2. This writ appeal has been filed against the impugned order dated 06.05.2010 passed by the learned Single Judge in W.P. (s) No.7285/2007 dismissing the writ petition. 3. The writ petition was filed claiming age relaxation in the appointment of Mining Sirdar on the basis that the writ appellant was engaged as apprentice in the year 1991 for three years and as such, according to the learned counsel for the writ appellant, the writ appellant was entitled to get age relaxation as was done in the year 1991 with other co-trainees of the appellant. 4. We have perused the record of writ petition and found that on 3.6.1991 the writ appellant was engaged as apprentice under the Apprentice Act, 1961 for a period of three years. It was specifically mentioned in the engagement order of the writ appellant that soon after completion of training period, he will have to submit the pass certificates of Mining Sirdar Shot fire & all three gas testing and at tha...
Vivekananda Vidyapeeth and Another Vs. Saugat Banerjee and Another
Court: Chhattisgarh
Decided on: Jun-15-2010
1. Heard learned counsel appearing for the appellants as well as learned counsel appearing for the respondents No. 1 and 2.2. This writ appeal has been filed against the impugned judgment and order dated 30th July, 2007, passed by the learned Single Judge in W.P. (S) No. 153/2007 (Saugat Banarjee v. Vivekanand Vidhyapeeth & others), allowing the writ petition in part and directing the respondents (appellants in the instant writ appeal) to complete the enquiry against the respondent No.1 (writ petitioner) as per the directions given in paragraph 13 of the impugnedjudgment in which it was held that the enquiry was not initiated against the instant respondent No.1 in accordance with the provisions of law and the writ appellants were directed to initiate the departmental enquiry from the stage of submission of written explanation in accordance with law.3. Brief facts of the case are that the respondent No.1 was appointed against the post of Tabla Teacher on 29.9.1997. It is not disputed th...
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