Chhattisgarh Court November 2011 Judgments
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Dinesh Agrawal and Another Vs. Omprakash Singh and Others
Court: Chhattisgarh
Decided on: Nov-30-2011
(Miscellaneous Appeal under Section 173 of Motor Vehicles Act) Rajeev Gupta, C.J. 1) This is claimants' appeal for enhancement of the compensation awarded by the 10th Additional Motor Accident Claims Tribunal, Raipur (for short `the Tribunal') vide award dated 13.10.2010, passed in Claim Case No.15/2010. 2) As against the compensation of Rs.13,00,000/- claimed by the claimants, unfortunate parents of deceased Chandan Kumar Agrawal by filing a claim petition under Section 166 of the Motor Vehicles Act for his death on 15.07.2008 on account of the injuries sustained by him in the motor accident on 02.07.2008, the Tribunal awarded a total sum of Rs.1,67,000/- as compensation along with interest @ 6% 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 claimants' son Chandan Kumar Agrawal died on 15.07.2008 on account of the injuries sustained by him in the motor accid...
Gauri Shankar Giri and Others Vs. State of Chhattisgarh Through Distri ...
Court: Chhattisgarh
Decided on: Nov-30-2011
(Criminal appeals under Section 374 (2) of the Code of Criminal Procedure, 1973) T.P. Sharma, J: 1. Cr.A.Nos.1087/2007, 92/2008, 333/2008 and 116/2009 filed against common judgment of conviction and order of sentence dated 29-9-2007 passed by the Additional Sessions Judge, Sarangarh, in Sessions Trial No.93/2006 are being disposed of by this common judgment. 2. By filing Cr.A.No.1087/2007 appellant Gauri Shankar Giri, Cr.A. No.92/2008 appellant Ram Krishna Choudhary, Cr.A.No.333/2008 appellant Thuluram Sarthi and Cr.A.No.116/2009 appellant Bharat Jaiswal (Dansena) have challenged legality and propriety of the judgment of conviction and order of sentence dated 29-9-2007 passed by the Additional Sessions Judge, Sarangarh, in Sessions Trial No.93/2006, whereby and whereunder learned Additional Sessions Judge after holding the appellants/seven accused persons of the case guilty for formation of unlawful assembly armed with deadly weapons having common object to commit murder of Basant Kuma...
Loknath Alias Loku and Others Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Nov-29-2011
(Criminal Appeal under Section 374 (2) of the CrPC) Rangnath Chandrakar, J. 1. The appellants have preferred this appeal under Section 374 (2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 21-6-2007 passed in Sessions Trial No.17 of 2005 whereby learned 4th Additional Sessions Judge, Durg, after holding the appellants guilty for formation of unlawful assembly being armed with deadly weapons and in prosecution of the common object committing murder of Ashok and caused injuries to Devendra and Heeralal, convicted them under Sections 302, 148 and 149/324 of the IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs.2000/- each, in default of payment of fine to further undergo RI for six months, R.I. for one year and RI for one year respectively. All the sentences are directed to run concurrently, 2. The prosecution story, in brief, is that prior to the incident wife of Ashok (since deceased) fell ill and she was not...
Parmanand and Others Vs. Kailash Chand and Others
Court: Chhattisgarh
Decided on: Nov-29-2011
(SECOND APPEAL UNDER SECTION 100 OF CIVIL PROCEDURE CODE 1908) 1. By this second appeal under Section 100 of the Civil Procedure Code, 1908 (in short `the Code') appellants have challenged the legality and propriety of the judgment and decree dated 16/12/1994 passed by First Additional Judge to the Court of District Judge, Bilaspur in Civil Appeal No.61-A/1978 partly allowing the appeal against the judgment and decree of suit dated 25/9/1978 passed by First Civil Judge Class-II, Janjgir in Civil Suit No. 2-A/1976 whereby First Civil Judge Class-II, Janjgir has decreed the suit for possession of suit property at Janjgir bearing Khasra No. 3632/1, by allowing the appeal, Lower Appellate Court has dismissed the civil suit filed on behalf of present appellants/plaintiffs. 2. Present second appeal has been admitted on following substantial question of law:- "Whether under the facts and in the circumstances of the case the First Appellate Court was justified in holding that the respondent is...
Sunder Lal Sahu Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Nov-28-2011
(WRIT PETITION UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA) 1. By this petition, the petitioner seeks quashing of (i) the memo No. 385 of 2002 dated 21.03.2002 (Annexure P/8) whereby the sanction granted by the respondent No. 3 vide order dated 04.07.2001 (Annexure P/7), to construct super structure over the plot of the petitioner was suspended, (ii) order dated 25.09.2002 (Annexure P/9) passed by the respondent No. 2 case No. 47/B/121 year 2001-02, as the being without jurisdiction and non-est in the eyes of law, (iii) notice dated 27.01.2002 (Annexure P/11) issued by the respondent No. 3, whereby the petitioner has been asked to remove the structure situated over the plot in dispute, and further (iv) a writ of prohibition restraining the respondents from interfering with the lawful possession of the petitioner. 2. The original petitioner, Kamta Prasad Arya, died on 06.01.2008, during pendency of this petition, thus, by order dated 08.09.2008, his legal representative, i.e....
Sadhulal Shrikishan Vs. Radheshyam Bansal
Court: Chhattisgarh
Decided on: Nov-25-2011
Order (Oral) I.M. Quddusi, J. 1. By this order the application for dismissal of appeal, filed by the respondent, dated 22.11.2011 is being decided. 2. The instant appeal has been filed by the plaintiff/appellant on 19.11.2007 challenging the impugned judgment and decree dated 10.8.2007, passed by the 9th Additional District Judge (FTC), Raipur in Civil Suit No. 8-B/2004 ( M/s Sadhu Lal Shri Kishan Vs. Shri Radheshyam Bansal), dismissing the suit. 3. During the pendency of the appeal an application dated 23.4.2010 (I.A.No.1) was filed by the appellant for withdrawal of the appeal. Thereafter, during the pendency of the appeal and the application (I.A.No.1), a subsequent application dated 26.4.2010 (I.A.No.2) was filed by the appellant for withdrawal of the application dated 23.4.2010, which was filed for withdrawal of the appeal. 4. The respondent has filed the instant application for dismissal of the appeal on the ground that the application (I.A.No.1) for withdrawal of the appeal was ...
The Oriental Insurance Co Limited Vs. Chandrawati and Others
Court: Chhattisgarh
Decided on: Nov-24-2011
Order (Oral) I.M. Quddusi, J 1. Heard. 2. The appellant-insurance company has filed this miscellaneous appeal against the impugned award dated 23.1.2004 passed by the learned 5th Additional Motor Accident Claims Tribunal (FTC), Surajpur, District Sarguja (for brevity ‘the tribunal') in Claim Case No.10/2002. 3. Facts of the case, in brief, are that on 23.4.2000 deceased Sameer Kumar Pal was going towards Bhatgaon in the Maruti Van of Shri B. Ramdas bearing registration number MP27-D-3232. At about 5.00 p.m. the said vehicle has met with an accident near Main Road, Village Baniyagaon, P.S. Kondagaon, District Bastar and on account of the injuries sustained by said Sameer Kumar Pal in the said accident, he died. The claimant claiming herself to be the widow of deceased Sameer Kumar Pal filed a claim petition before the tribunal seeking compensation of Rs.20,45,000/- on the various grounds including a ground that she was dependent on the deceased and on account of his death she had ...
Uniworth Textiles Ltd Vs. Union of India and Another
Court: Chhattisgarh
Decided on: Nov-22-2011
(Writ Petition under Article 227 of the Constitution of India) 1. Learned counsel appearing for the petitioner submits that the Commissioner of Central Excise (Appeals), while considering the case of the petitioner for exemption for pre-deposit in an appeal filed against the order dated 29.11.2006, passed by the Additional Commissioner, Central Excise, Raipur, has not considered the issue as to whether new and different facts and circumstances have arisen to take a different view from the view taken earlier by the Commissioner of Central Excise (Appeals) in the identical facts and circumstances, wherein, exemption from pre-deposit under the provisions of Section 35F of the Central Excise Act, 1944, was granted. Thus, learned counsel submits that in view of foregoing, the matter may be remanded back to the Commissioner of Central Excise (Appeals) to reconsider the issue and pass the detailed order, after having considered exemption granted earlier in the similar facts of the case. 2. Sh...
Dayashankar and Others Vs. Jaishankar Since Deceased Through His Legal ...
Court: Chhattisgarh
Decided on: Nov-22-2011
(FIRST APPEAL UNDER SECTION 96 OF CIVIL PROCEDURE CODE) 1. This is defendants' first appeal under Section 96 of the Code of Civil Procedure (for brevity `the C.P.C.') against the judgment and decree dated 21.09.2004 passed in Civil Suit No. 18-A/2002 by the 4th Additional District Judge (F.T.C.), Raigarh whereby and whereunder the plaintiff's suit has been decreed. 2. During the pendency of the appeal, appellant No.2 - Chandra Sekhar and respondent No.1/plaintif have died and their legal representatives were brought on record. 3. Facts of the case in brief are as under:- (i) The original plaintiff (since deceased) filed a civil suit for declaration of his title over the suit property i.e. house described in Schedule-A, situated at Raigarh and agricultural lands situated at village Sahaspur, Tahsil Sarangarh, total area 2,631 hectares described in Schedule-B, for recovery of possession of the house property, described in Schedule-A and for permanent injunction to restrain defendants fro...
Mukesh Dewangan and Another Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Nov-21-2011
(Criminal Appeal under Section 374 (2) of the CrPC) Rangnath Chandrakar, J. 1. The appellants have preferred this appeal under Section 374 (2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 28-4-2007 passed in Sessions Trial No.02/2006 whereby learned Ist Additional Sessions Judge, Durg, after holding the appellants guilty for committing murder of Akhilesh Singh, convicted them under Sections 302 and 302/34 of the IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs.100/- each, in default of payment of fine to further undergo SI for one month. 2. The prosecution story, in brief, is that on 26-9-2005, Akhilesh Singh (deceased) went to the house of his friend namely Dhermendra (Bablu) at Resalibhata and after having his lunch when he was returning, he saw that some women were breaking the iron piece (Beet). At the same time, appellant No.1 Mukesh Dewangan came there and forbade the women to break the iron piece. O...
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