Chhattisgarh Court October 2011 Judgments
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Anjalus Vs. the Sub Divisional Officer and Others
Court: Chhattisgarh
Decided on: Oct-31-2011
(Writ Petition under Article 227 of the Constitution of India) 1. By this petition, the petitioner seeks to challenge the legality and validity of the order dated 21.02.2011 (Annexure P-1) passed by the Sub Divisional Officer (Revenue), Kunkuri, District Jashpur, in Revenue Case No.20/A-89(21)/2009-10 (Anjalus v. Vinod and Others). 2. Learned counsel appearing for the petitioner submits that the petitioner filed an election petition under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, against the elected candidate i.e. Vinod on the allegation of corrupt practices committed by him. The respective parties filed their responses. However, the learned Sub Divisional Officer (Revenue) without appreciating the facts and circumstances of the case, in its letter and spirit, dismissed the election petition on the technical ground that the petitioner has not attested each and every document as required under the provisions of the Chhattisgarh (Election Petitions, Corrupt Practice ...
Motilal Kesharwani and Others Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Oct-21-2011
(Petitions u/S 482 of the Cr.P.C.) 1. The aforesaid three petitions under Sections 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), have been filed by the petitioners aggrieved by order dated 21st January, 2004 passed in Criminal Revision No. 175/03 and 176/03, whereby the order framing charge of commission of offence under Sections 420, 468, 471 read with Section 120-B of the IPC by the Chief Judicial Magistrate, Janjgir in Criminal Case No.2400/01, has been affirmed. 2. The petitioner -Motilal Kesharwani at the relevant time was posted and working as Mandi Secretary; petitioner-Rudrapal Pandey as Mandi In-charge and petitioner -Gopal Prasad Bareth as the Inspector in Krishi Upaj Mandi, Janjgir. On 11.1.2001, premises of Shyam Agro Milling, Banari was raided and in the inquiry excess stock of paddy and rice was found in respect of which there were no entries made in the stock register. It is alleged that at that time, other accused-Leeladhar, Propri...
Smt. Ganga Bai Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Oct-21-2011
Order (Oral) (Writ Petition under Article 226 of the Constitution of India) 1. Challenge in this petition is to the order dated 20.06.2011 (Annexure P/1) passed by the Additional Collector, Balodabazar, whereby the appeal preferred by the petitioner against the order dated 28.03.2011 (Annexure P/2) whereby the no-confidence motion against the petitioner has been declared as carried out by 16 votes. 2. The facts, in nutshell, as projected by the petitioner are that the Up-Sarpanch and 11 other panchas of Gram Panchayat, Makdi gave an intimation to the Sub Divisional Officer, Bilaigarh, District Raipur under sub-rule (1) of Rule (3) of the Chhattisgarh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice President Ke Virudh Avishwas Prastav) Niyam, 1994 (for short `the Rules, 1994') for no-confidence motion against the petitioner, the Sarpanch of the Gram Panchayat, on the allegation of financial irregularities on 14.03.20...
The Competent Authority (Claims/Omkar), H.D.F.C. Standard Life Insuran ...
Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
Decided on: Oct-21-2011
Veena Misra, Member. 1. This is an appeal filed by the OPs insurer against order dated 17.01.2011 passed in Complaint Case No.416/2009 by the District Consumer Disputes Redressal Forum, Raipur (hereinafter called District Forum for short), whereby the complaint was allowed and the OPs were directed to pay to the mother of the deceased insured, the insured sum as well as accident benefit aggregating to Rs.1,47,462/- and also to pay interest @ 6% p.a. from the date of complaint together with Rs.1,000/- towards cost of litigation. 2. The facts of the case before the District Forum are that the complainants son, Shri Ashish Jain had obtained HDFC Children Double Benefit Plan Policy bearing No.10405812 dated 21.10.2005 for a sum of Rs.73,731/- with equal sum under accident benefit, yearly premium was Rs.5,000/- and the policy was to mature on 21.10.2019. It was averred in the complaint that the complainant had regularly paid premium for 3 complete years and on 15.11.2008 he met with an acci...
Shekh Ram Yadav Vs. State of Mp Now State of Chhattisgarh
Court: Chhattisgarh
Decided on: Oct-20-2011
(Criminal Appeal under Section 37,42 of the Code of Criminal Procedure) Radhe Shyam Sharma, J. 1. This appeal is directed against the judgment dated 26-6-1997 passed by Session Judge, Raipur in Session Trial No.392/1996. By the impugned judgment, accused/appellant Shekh Ram Yadav has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life. 2. Case of the prosecution, in brief, is as under: There was an illicit relationship between the appellant and deceased Fuleshwaribai, due to which, husband of the deceased had deserted her. The deceased, thereafter, was residing along with her children in a house outside the village. The appellant used to visit her there. He had started quarreling and committing Marpeet with her prior to the fateful day, i.e., 18-5-1996. In the night of the fateful day, Tejram (PW-16), son of the deceased, had gone out of the house on his duty, her elder daughter had slept in the house of neighbourer Sadhana (PW-4), her younger daughter S...
The National Insurance Company Limited Vs. Niraj Singh
Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
Decided on: Oct-20-2011
S.C. Vyas, President. 1. This appeal is directed against the order dated 15.02.2011 of District Consumer Disputes Redressal Forum, Durg (C.G.) (hereinafter called District Forum for short) in Complaint Case No.195/2010, whereby the appellant/Insurance Company has been directed to pay a sum of Rs.41,600/- (The I.D.V. of the vehicle) to the complainant/respondent on account of theft of the insured motorcycle, and also to pay Rs.2,000/- as compensation for mental agony and Rs.1,000/- as cost of litigation. 2. In nutshell, the motorcycle bearing No.C.G.07.L.L.-4287 was insured with the appellant/Insurance Company for a period between 25.08.2009 to 24.08.2009 and it was of the registered ownership of the complainant/respondent. As per case of the complainant/respondent before District Forum, the said motorcycle was stolen by someone on 06.10.2009. The incident was immediately reported to the Insurance Company orally. The complainant went to Police Station for lodging police report, but he w...
Banshilal Sidar Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Oct-19-2011
(Writ Petition under Article 226 of the Constitution of India) 1. By this petition, the petitioner seeks a direction to the respondent authorities to compute /acquire the irrigated land of the petitioner bearing Khasra No.726, admeasuring area 1.14 acres, in view of the provisions of the Land Acquisition Act, 1894 (for short "the Act, 1894") and further direct the respondents to grant compensation to the petitioner and also award interest on compensation amount from the date of possession to the date of granting compensation. 2. The facts, in nutshell, as projected by the petitioner, are that the petitioner is bhumi-swami of the irrigated land bearing Khasra No.726, admeasuring area 1.14 acres, situated at village Nagjhar, Patwari Halka No.11, R.I. Circle and Tahsil Malkharoda, District Janjgir-Champa. A part of the above stated land came under submergence in construction of a canal under the Hasdeo Bango Pariyojna constructed by the State Government in the year 2003-04, without acquis...
Raj Kumar Singhania Vs. Ashok Jain
Court: Chhattisgarh
Decided on: Oct-19-2011
(Petition under Section 482 of the Criminal Procedure Code) 1. The aforesaid three petitions (Cr.M.P.Nos.128, 129 and 130 of 2010) filed under Section 482 of the Cr.P.C. are being disposed off by a common order as common question of law and fact arises for consideration in all the three cases. 2. The respondent-complainant-Ashok Jain filed three different complaint cases against the petitioner-accused alleging commission of offence under Section 138 of the Negotiable Instrument Act, 1881 (In short "the Act of 1881") on account of dishonour of three different cheques alleged to be given by the petitioner to the complainant. Upon perusal of the complaint filed in each of the cases, the Magistrate registered offence under Section 138 of the Act of 1881 against the petitioner leading to registration of three criminal cases being Criminal Case No.13, 14 and 15 of 2009. 3. Aggrieved by the order of the Magistrate dated 03-07-2009 passed by the Magistrate in each of the cases, by which, cogni...
Ujal Lala Sahu Vs. Bhagat Ram and Others
Court: Chhattisgarh
Decided on: Oct-19-2011
Order (Oral) (Writ Petition under Article 226/227 of the Constitution of India) 1. By this petition, the petitioner seeks quashing of the order dated 05.05.2011 (Annexure P/1) passed by the respondent No. 7 and the order dated 29.06.2011 passed by the respondent No. 8 and further, the respondent authorities may be directed to recount the votes polled on 28.01.2010, for the post of Sarpanch, Gram Panchayat Dansara, Tahsil Saragarh, District Raigarh. 2. Shri Jaiswal, learned counsel appearing for the petitioner submits that the petitioner as well as the private respondent No. 1 to 6 contested the election for the post of Sarpanch, Gram Panchayat, Dansara. The respondent No. 1 violated the model code of conduct and adopted corrupt practice and as a result of which, the petitioner was defeated and the respondent No. 1 was declared as returned candidate. The petitioner preferred an election petition under section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, but the same was rejected vid...
Satish Kumar Sinha Vs. Gurpal Singh and Another
Court: Chhattisgarh
Decided on: Oct-18-2011
(Memo of appeal under Section 173 of Motor Vehicle Act) Rajeev Gupta, C.J. 1) This is claimant's appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Rajnandgaon (for short `the Tribunal') vide award dated 04.08.2009, passed in Claim Case No.12/2007. 2) As against the compensation of Rs.6,33,200/- claimed by the appellant/ claimant, unfortunate husband of deceased Smt. Ganga Bai, by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 02.07.2006, the Tribunal awarded a total sum of Rs.1,21,400/- as compensation along with interest @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that the claimant's wife Smt. Ganga Bai died on account of the injuries sustained by her in the motor accident on 02.07.2006; the accident occurred due to rash and negligent driving of the driver of ...
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