Chhattisgarh Court December 2011 Judgments
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Chhattisgarh State Power Generation Company Limited Vs. a P Nirman Ltd
Court: Chhattisgarh
Decided on: Dec-07-2011
Oral Order (Appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996) Radhe Shyam Sharma, J.: 1. The appellant Chhattisgarh State Power Generation Company Limited has preferred the instant appeal against order dated 23-3-2011 passed by the District Judge, Korba in Civil Suit (Arbitration Case) No.23A/2007, whereby the learned District Judge has rejected the application of the appellant moved under Section 34 of the Arbitration and Conciliation Act, 1996 (henceforth `the Act, 1996') for setting aside award dated 14-1-2007. 2. Facts of the case, as projected in it, in brief, are that the appellant invited tenders for the work of raising height of Pond No.2 of Permanent Ash Pond, Risda, Korba (East). After compiling with the formalities, the work, which was for the value of Rs.79,88,425/-, was awarded to respondent M/s A.P. Nirman Ltd. on 23-3-1998. Agreement for the said work was signed on 29-8-1998. According to the agreement, the work was to be completed within 11 mo...
V Raghav Rao Now Dead Through Legal Representatives and Others Vs. the ...
Court: Chhattisgarh
Decided on: Dec-05-2011
(Criminal Appeal under Section 374(2) Cr.P.C.) 1. The instant appeal preferred by accused/appellant V. Raghav Rao is directed against judgment dated 21st May, 1996 passed by 5th Additional Sessions Judge, and Special Judge (CBI), Jabalpur in Special Case No.29/93, whereby the learned Special Judge has convicted the accused/appellant under Sections 7 and 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 (henceforth `the Act, 1988') and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.2,000/- and to undergo rigorous imprisonment for two years and to pay fine of Rs.4,000/-, respectively. In default of payment of fine, the accused/appellant has been sentenced to further undergo rigorous imprisonment for six months and one year, respectively. 2. During pendency of the appeal, accused/appellant V. Raghav Rao has died on 26.9.2005 and his legal representatives have filed application under Section 394(2) Cr.P.C for their substitution in place of the deceased...
Ms Aarti Sponge and Power Vs. Bimal Kumar and Others
Court: Chhattisgarh
Decided on: Dec-05-2011
(APPEAL UNDER SECTION 10-F OF THE COMPANIES ACT, 1956) Dr. I.M. QUDDUSI, J, 1. The instant appeal has been filed u/s 10F of the Companies Act, 1956 against the impugned interlocutory order dated 06.10.2010 passed by Member, Company Law Board, Principal Bench, New Delhi, whereby learned Member of the Company Law Board (CLB), finding that the settlement process has fully failed in the matter, directed the parties to present their case on merits on the Company Petition (CP) and all pending Company Applications (CAs). 2. Section 10-F of the Companies Act, 1956 reads as under : "10F. Appeals against the order of the Company Law Board. - Any person aggrieved by any decision or order of the Company Law Board [made before the commencement of the Companies (Second Amendment) Act, 2002] may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Company Law Board to him on any question of law arising out of such order: Provided that the H...
Guru Ghasidas University, Bilaspur and Another Vs. Pragya Pawar and Ot ...
Court: Chhattisgarh
Decided on: Dec-05-2011
Dr. I.M.QUDDUSI, J. 1. This writ appeal has been filed by Guru Ghasidas University, Bilaspur (for short ‘the University’) against the impugned order dated 8th August, 2011, passed by the learned single Judge in W.P.(C) No.1568/2011 (Pragya Pawar v. State of Chattisgarh) and other connected matters (Writ Petition (C) Nos. 1580, 1581, 1626 and 1673 of 2011). 2. For the purpose of brevity, the appellants would be referred to as ‘the University’, the respondents No.1 to 33 would be referred to as ‘the petitioners’, respondent No.34 would be referred to s ‘the State’, respondent No.35 Shaskiya Mata Shabri Naveen Kanya Mahavidyalaya would be referred to as ‘the college’ and the respondent No.36 (Smt. Sunanda Maravi) would be referred to as “Assistant Lecturer’. 3. Brief facts, in nutshell, necessary for disposal of this writ appeal are that the petitioners are the regular students of the college duly affiliated with the ...
Motilal Banawala Vs. State of Madhya Pradesh Now State of Chhattisgarh
Court: Chhattisgarh
Decided on: Dec-05-2011
(Criminal Appeal under Section 374(2) Cr.P.C.) 1. The instant appeal preferred by accused/appellant Motilal Banawala is directed against judgment dated 7-6-1994 passed by Second Additional Sessions Judge, Bilaspur in Special Sessions Case No.2/88, whereby the appellant has been convicted under Section 161 of the Indian Penal Code and under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (henceforth `the Act, 1947') and sentenced to undergo rigorous imprisonment for one year, rigorous imprisonment for one year, respectively and to pay fine of Rs.1,000/-, in default, to undergo simple imprisonment for one month. Both the sentences of imprisonment are directed to run concurrently. 2. Case of the prosecution, in brief, is as under: Complainant Pramod Kale (PW-8) is younger brother of Prakash Kale (PW-6). On 19-3-1986, the appellant was posted as Labour Sub-Inspector at Bilaspur. On 18-3-1986, the appellant entered the motor-parts' shop of Prakash Kale (PW-6...
Khemlal Vs. Baghel Badoi and Others
Court: Chhattisgarh
Decided on: Dec-02-2011
(APPEAL UNDER SECTION 173 OF MOTOR VEHICLES ACT AS AMENDED BY ACT OF 1994) N.K. Agarwal, J. 1. This is claimant's appeal for enhancement of compensation awarded by the Additional Motor Accidents Claims Tribunal, Dhamtari Civil Dist. Raipur (for short ‘the Tribunal') in Claim Case No.251/2005 vide its award dated 15th February, 2006. 2. As against compensation of Rs.21,00,000/- claimed by the appellant/claimant - Khemlal by filing claim application under Section 166 of the Motor Vehicles Act, 1988 (henceforth `the Act') for the injuries sustained in the motor accident on 09.12.2003, the Tribunal has awarded a total sum of Rs.2,71,750/- as compensation along with interest @ 6% per annum. 3. The Tribunal, on a close scrutiny of the evidence led, held: the accident had occurred due to rash and negligent driving of Matador bearing registration No.C.G. 04-A/8027 by its driver Baghel Badoi/respondent No.1; appellant/claimant sustained multiple injuries in the said accident resulting in ...
Omprakash Dubey Vs. Kapuri Bai and Others
Court: Chhattisgarh
Decided on: Dec-01-2011
(Second Appeal under Section 100 of CPC) 1. By this second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for short `CPC'), the appellant has challenged the legality and propriety of the judgment and decree dated 10.4.2006 passed by the Additional District Judge (F.T.C.), Pendra Road, in Civil Appeal No.108A/2002, affirming the judgment and decree dated 31.8.2001 passed by the Civil Judge Class-I, Pendra Road, in Civil Suit No.83A/2000, whereby the Civil Judge Class-I has decreed the suit in favour of the respondents. 2. The present second appeal was admitted on 15.9.2011 on the following substantial question of law:- Whether the suit originally filed by plaintiff was not maintainable as barred in terms of Section 4(iii) (b) of the Benami Transactions (Prohibition) Act, 1988 ? 3. As per initial case of the plaintiff father of the appellant namely Radhikacharan Dubey, after his retirement has purchased suit property bearing khasra No.34/6 area 0.03 acre and khasra ...
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