Chhattisgarh Court December 2011 Judgments
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Suresh Sai Bhagat Vs. the State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Dec-25-2011
REVIEW OF THE ORDER MADE AGAINST THE PETITIONER PASSED IN WRIT PETITION (S) No. 1203/2008 IN MATTER OF SURESH SAI BHAGAT VS. STATE OF CHHATTISGARH and OTHERS DECIDED ON 03.07.2008. I.A. No. 1, this is an application for condonation of delay in filing the review petition. Sufficient cause has been shown. Delay is condoned. 1. By this petition, the petitioners seek review of the order dated 03.07.2008 passed by this Court in W.P. (S) No. 1203/2008 (Suresh Sai Bhagat v. State of Chhattisgarh and Others) whereby the writ petition filed by the petitioner challenging the legality and validity of the order dated 30.01.2008, was dismissed. Against the order dated 03.07.2008 passed by this Court, the petitioner preferred an appeal being W.A. No. 236/2008, which was dismissed as withdrawn on 16.12.2008 (Annexure P/1A) with liberty to file a review petition. 2. The grounds for review of the order dated 03.07.2008, as raised by the petitioner, are that the order sought to be reviewed is contrary t...
Shivbharos and Others Vs. United India Insurance Company Limited and O ...
Court: Chhattisgarh
Decided on: Dec-16-2011
Miscellaneous Appeal under Section 173 of Motor Vehicles Act 16th December 2011 Rajeev Gupta, C.J. 1) This is claimants' appeal for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Surajpur, district Surguja (for short `the Tribunal') vide award dated 09.11.2010, passed in Claim Case No.44/2007. 2) As against the compensation of Rs.39,85,400/- claimed by the appellants/claimants, unfortunate widow, minor son and parents of deceased Kannilal Toppo by filing a claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 01.01.2007, the Tribunal awarded a total sum of Rs.4,00,000/- as compensation alongwith interest of Rs.25,000/-. 3) The Tribunal, on a close scrutiny of the entire evidence led before it held that deceased Kannilal Toppodied on account of the injuries sustained by him in the motor accident on 01.01.2007; the accident occurred due to rash and negligent driving of the driver of the offending...
Asit Kumar Sen Gupta Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Dec-16-2011
PRASHANT KUMAR MISHRA, J. 1. In this criminal appeal, the appellant has called in question his conviction and sentence under Section 124-A of the IPC; under Sections 8 (1), 8 (3) and 8(5) of the Chhattisgarh Vishesh Jansuraksha Adhiniyam, 2005 (for short ‘the Act of 2005') and under Section 18 and 39(2) of the Unlawful Activities (Prevention) Act, 1967 (for short `the Act of 1967') as amended by the Act of 2004. For offence under Section 124-A of the IPC, he has been sentenced to undergo R.I. for 3 years and to pay a fine of Rs.500/-, in default of payment of fine to further undergo additional R.I. for 3 months; for offence under Sections 8(1), 8(3) and 8(5) of the Act of, 2005, he has been sentenced to undergo R.I. for 3 years and to pay a fine of Rs.500/-, in default of payment of fine to further undergo R.I. for 3 months for each of the offence; for offence under Sections 18 and 39 (2) of the Act of 1967, as amended by the Act of 2004, he has been sentenced to undergo R.I. for...
Bhagya Nidhi Exports Limited District Durg Cg and Another Vs. Chhattis ...
Court: Chhattisgarh
Decided on: Dec-16-2011
(Writ Petition under Article 226/227 of the Constitution of India) Sunil Kumar Sinha, J. (1) This order shall dispose of I.A. No. 1/2011, an application filed by the petitioners for grant of interim relief. (2) The petitioners have challenged the vires of Paragraph 4.15 of the Chhattisgarh State Electricity Supply Code-2005. They have also challenged the correctness of two letters (Annexure-P/1 and P/2) issued by respondent No.1 for depositing Rs.48,13,749/-, the amount of outstanding dues of electricity consumption against Kedia Distilleries, the earlier owner and occupier of the premises purchased by petitioner No.1 in auction-sale, as condition precedent for supplying new temporary connection to the premises now occupied by petitioner No.1 as an auction-purchaser. (3) Petitioner No.1 is auction-purchaser of the assets of Kedia Distilleries (in liquidation) and presently the premises and the assets of Kedia Distilleries situated at 4D, Light Industrial Area, Bhilai are in possession ...
Vishnudev Singh and Another Vs. Jitendra Pd Dubey and Others
Court: Chhattisgarh
Decided on: Dec-15-2011
(Memo of appeal under Section 173 of Motor Vehicle Act 15th December 2011) Rajeev Gupta, C.J. 1) This is claimants' appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Kanker (for short `the Tribunal') vide award dated 12.10.2010, passed in Claim Case No.82/2009. 2) As against the compensation of Rs.17,00,000/- claimed by the appellants/ claimants, unfortunate parents of deceased Ashok Singh, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 13.07.2009, the Tribunal awarded a total sum of Rs.5,97,960/- 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 claimants' son Ashok Singh died on account of the injuries sustained by him in the motor accident on 13.07.2009; the accident occurred due to rash and negligent driving of the dri...
Alakhram Verma Vs. the State of Madhya Pradesh Now State of Chhattisga ...
Court: Chhattisgarh
Decided on: Dec-14-2011
1. This appeal is directed against judgment dated 31st July, 1996 passed by the Special Judge (NDPS Act) and Sessions Judge, Raipur in Special Criminal Case No.100/95, whereby accused/appellant Alakhram Verma has been convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth `the Act, 1985') and sentenced to undergo rigorous imprisonment for 18 months. 2. Case of the prosecution, in brief, is as under: On 19.9.1995, at about 4.30 p.m., Chowki Prabhari Sub-Inspector Madanlal Negi (PW-4) received information that a person was illegally carrying illicit ganja. After recording the aforesaid information vide Ex-P/1, he informed the same to City Superintendent of Police, Civil Line, Raipur. He, accompanied by witnesses Ujwal (PW-2) and Gajendra (PW-3), reached Bus-Stand Pandri, Raipur. The appellant was going towards an STD-PCO with a black colour bag in his hand. The accused/appellant was interrogated by Madanlal Negi (PW-4) and information of rights...
Mojjam Rahmani Vs. Union of India and Others
Court: Chhattisgarh
Decided on: Dec-14-2011
Writ Petition Under Article 226 of the Constitution Of India 1. By this petition, the petitioner seeks a direction to the respondent No. 3 for issuing National Trade Certificate to the petitioner for the Trade of Electrician. 2. The facts, in brief, as projected by the petitioners are that the petitioner, after passing Higher Secondary Examination, was admitted to Industrial Training Institute (for short `the ITI') at Belganga Nagar, Tahsil Chalisgaon, District Jalgaon, Maharashtra. The training was conducted as per the Training Manual for ITIs and Centres, prepared by the Directorate General of Employment and Training, Ministry of Labour, Government of India i.e. the respondent No. 2. As per the Training Manual, on the basis of various recommendations from time to time, the National Council for Vocational Training (for short `the NCVT') was constituted which is the prime body for controlling and regulating the training programme. The petitioner successfully completed the training prog...
Komal Sahu and Another Vs. State of Madhya Pradesh Now State of Chhatt ...
Court: Chhattisgarh
Decided on: Dec-14-2011
(Criminal Appeal under Section 374(2) of the Code of Criminal Procedure) 1. This appeal is directed against judgment dated 2-9-1996 passed by 4th Additional Sessions Judge, Raipur in Sessions Trial No.333/1994. By the impugned judgment, accused persons/appellants Komal Sahu, Tika Ram Yadav and Santosh Kumar Kewat (now dead) have been convicted under Sections 376/511 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 3+ years each and to pay fine of Rs.1,000/- each, in default thereof, to further undergo imprisonment for six months each. By the impugned judgment, two other accused persons, namely, Dhanraj and Prahalad Dheemar were acquitted of the charges framed against them. 2. During pendency of the appeal, accused Santosh Kumar Kewat died on 8-6-2006, therefore, the appeal abated against him vide order dated 18-11-2011. 3. Case of the prosecution, in brief, is as under: On 17-2-1994, a fair (Madai) was going on in Village Paragaon. Prosecutrix Rajimbai (PW-5)...
Heera Sai Ranjit Vs. State of Madhya Pradesh Now State of Chhattisgarh
Court: Chhattisgarh
Decided on: Dec-14-2011
(Criminal Appeal under Section 374(2) of the Code of Criminal Procedure) 1. This appeal is directed against the judgment dated 6-1-1996 passed by Additional Sessions Judge, Baikunthpur, District Surguja in Sessions Trial No.36/1994. By the impugned judgment, accused persons/appellants Heera Sai and Ranjit have been convicted under Section 304 Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years each. 2. Case of the prosecution, in brief, is as under: On 7-9-1992, at about 4 P.M., Richak (deceased) was cleaning leather (skin) near his house. At that time, appellant Heera Sai was abusing his wife. The deceased prevented appellant Heera Sai from abusing. On this account, appellant Heera Sai assaulted the deceased with a Lathi on the head. Appellant Ranjit had also come there. He also assaulted the deceased. The deceased sustained injuries on the head and fell down. Blood oozed out of the nose and mouth of the deceased. Subhagiyabai (PW-4), wife of...
Prakash Pannalal and Another Vs. Nalini Dholkia
Court: Chhattisgarh
Decided on: Dec-13-2011
(Petition u/S 482 of the Cr.P.C.) 1. This petition under Section 482 of the Code of Criminal Procedure 1973 (hereinafter referred to as "the Code") has been filed by the petitioners for quashing Criminal Case No.1618/02 instituted upon complaint filed by the respondent, alleging commission of offence under Section 420 read with Section 34 of the IPC against the petitioners. 2. Relevant and brief facts giving rise to this petition are that the respondent/complainant had placed order for supply of Hydraulic Pipe Bending Machine with the petitioners. Dispute arose between the parties with regard to supply of the ordered machine. This led to filing of a criminal complaint by the respondent on 4.6.1996 against the petitioners in the Court of Judicial Magistrate 1st Class Raipur. The complainant alleged commission of offence under Section 420 read with Section 34 of the IPC. In support of complaint, complainant examined Shankar Gupta and Vipin Chandra Kothari, whose preliminary statements we...
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