Chhattisgarh Court March 2011 Judgments
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Dukhuram Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Mar-30-2011
Oral Order (WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSITUTION OF INDIA) 1. This petition has been filed by the petitioner, for grant of compensation of Rs.2,50,000/-, on account of death of his son while in the custody of respondents No.3 and 4. 2. Deceased-Khikhram was the son of the petitioner. On an allegation of theft, the deceased-Khikhram was arrested by the police. In order to recover articles alleged to be hided in a secret place by the deceased-Khikhram, he was brought to Kumhiya pond of village-Raipura, Police Station-Baradwar by respondent No.3 and 4 along with one home guard. During investigation, the police officials enquired from the deceased-son of the petitioner as to where he concealed brass vessel. It is the case of the petitioner that when his son disclosed that the vessel was kept inside the pond, his son was compelled to dive into the pond and take out the vessel. At that time, the deceased-Khikhram was handcuffed and chained. On being so insisted, Khikhram en...
Anjordas and Another Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Mar-29-2011
(CRMINAL APPEAL UNDER SECTION 374 2 OF THE CODE OF CRIMINAL PROCEDURE 1973)The judgment of the Court was delivered by T.P. SHARMA,1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 3.11.2004 passed by the 10th Additional Sessions Judge (F.T.C.), Bilaspur in Sessions Trial No.307/2003, whereby and whereunder learned 10th Additional Sessions Judge after holding the appellants guilty for commission of culpable homicide amounting to murder of Chandraram, Shyamratan, Kunjbihari and Dhaniram in sharing common intention convicted them under Section 302 read with Section 34 of the I. P.C., 302 read with Section 34 of the I. P.C., 302 read with Section 34 of the I. P.C. , 302 read with Section 34 of the I.P.C. and 323 read with Section 34 of the I.P.C. and sentenced to undergo imprisonment for life and fine of Rs.500/- in default of payment of fine to further undergo S.I. for two months for each conviction under Section 302 read with Section 34 of the I.P.C...
Ramdeo Gupta Vs. Govt of Chhattisgarh and Another
Court: Chhattisgarh
Decided on: Mar-28-2011
(Writ Petition under Article 226227 of the Constitution of India)1. By this petition, the petitioner seeks a direction to the respondent authorities to pass an appropriate order pursuant to the communication dated 30.9.2008 (Annexure P-1) to count the entire army service i.e. from 30.8.1972 to 31.5.1983, as continuation in present service for the purpose of pension, gratuity etc.2. The indisputable facts, in nutshell, as projected by the petitioner, for proper adjudication of the case, are that the petitioner entered into the army service on 30.8.1972 and continued in the said service till 31.5.1983. Thereafter, the petitioner joined in the District Sainik Welfare and presently working on the post of Assistant Grade-II at Durg. According to the petitioner, the petitioner is going to retire from his service on 31.5.2012. The petitioner on knowing that the services rendered in the army will be counted with the present service, he moved a representation dated 7.11.2001 (Annexure P-2) befo...
Kripa Shankar Tripathi Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Mar-28-2011
(WRIT PETITION UNDER ARTICLE 226 CONSTITUTION OF INDIA)1. By this petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to pay interest at the rate of 9% per annum on the amount of Rs. 6,00,000/- from the date of his retirement i.e. 27.09.2001, till the date of its payment.2. The facts, in nutshell, as projected by the petitioner are that the petitioner joined the service on 10.11.1960 as Agriculture Extension Officer. The petitioner retired from the post of Deputy Director (Horticulture) on 30.09.2001 on attaining the age of superannuation, vide order dated 27.09.2001 (Annexure P/1). According to the petitioner, after retirement, the petitioner made several representations to the respondent authorities for payment of his retiral dues, but nothing was done. Being aggrieved, the petitioner filed a writ petition before this Court being W.P.(S) No. 2397/2007, which was disposed of on 18.04.2007 (Annexure P/3) directing the respondent No. 1 therei...
Wu Chunnan and Others Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Mar-28-2011
(Application under Section 482 of the Code of Criminal Procedure 1973)1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘the Code'), the petitioners have challenged legality and propriety of the order dated 21-2-2011 passed by the 2nd Additional Sessions Judge (FTC), Korba in Criminal Revision No.5/2011, affirming the order dated 23-12-2010 passed by the Judicial Magistrate First Class, Korba, whereby learned Judicial Magistrate First Class has refused to accept deposit instead of recognizance in accordance with Section 445 of the Code.2. I have heard learned counsel for the parties, perused the order impugned, copies of other documents, applications and order sheets.3. Vide order dated 30-4-2010 passed by the Supreme Court in Criminal Miscellaneous Petition No.6369/2010 the Supreme Court has ordered the petitioners to be released on bail subject to the terms and conditions to be imposed by the trial Court in its discretion and also imposed ...
Ganesh Ram Chalak Vs. Bilaspur Raipur Kshetriya GramIn Bank and Anothe ...
Court: Chhattisgarh
Decided on: Mar-28-2011
(Writ petitions under Article 226227 of the Constitution of India)1. By this petition, the petitioner seeks to challenge the legality and validity of the order dated 6-4-1994 passed by the respondent Bilaspur-Raipur Kshetriya Gramin Bank (for short "the respondent Bank") by which the petitioner has been removed from his service. The petitioner also challenges the order dated 20-2-1995 (Annexure - P/12) by which the appeal preferred by the petitioner has been rejected by maintaining the removal order passed by the respondent Bank.2. The indisputable facts, in nutshell, as projected by the petitioner, for adjudication of the case, are that initially the petitioner was appointed as Clerk-cum- Cashier on 25-8-1981 and posted at Faguram Branch of the respondent Bank. In the month of December 1983, the petitioner was transferred and posted in Korbi Branch. During his service, show cause notice dated 3-7-1986 (Annexure P/1) has been issued to the petitioner on the allegation of certain irregu...
Shiv Kumar Tiwari and Others Vs. the State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Mar-25-2011
ORDER (ORAL):(WRIT PETITION UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA)1. By this petition, the petitioners seek a direction to the respondents to issue appointment orders in favour of the petitioners, on the post of Shiksha Karmi Grade III and to grant all consequential benefits to the petitioners. Further, a direction to the respondent No. 1 to make enquiry against the respondent No. 3 for his illegal, arbitrary and malafide action.2. The facts, in nutshell, as projected by the petitioners are that in pursuance of the advertisement for selection on the post of Shiksha Karmi Grade III, the petitioners herein applied for the same. A written examination was conducted by the Chhattisgarh Professional Examination Board. The petitioners were found successful as their names were shown in the merit list of Science and Arts category. A notice for counseling for appointment on 75 vacant posts in Science discipline and 15 posts in Arts discipline was issued in the newspaper. Accordi...
Bk. Malik Vs. Narendra Singh Airen and Others
Court: Chhattisgarh
Decided on: Mar-25-2011
(APPEAL UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE 1908)JUDGMENT and ORDER (Oral)I. M. QUDDUSI, J.1. The instant two appeals arise from the common judgment and decree dated 19.7.2007, passed by the 10th Additional District Judge (F.T.C.) Durg in Civil Suit Nos. 26-A/2007 and 25-A/2007. Since the facts situation and the question of law involved in both the appeals are one and the same, both the appeals are being decided by this common judgment and order.2. The brief facts in nutshell are that the plaintiff/vendor (Narendra Singh Airen) filed two suits (Civil Suit No. 26-A/2007 and 25-A/2007) for specific performance of contract and permanent injunction against the defendant No.1/Vendee. The case of the plaintiff/vendor was that two agreements (Ex. P/1 and P/2) were entered into between the plaintiff and the defendant No.1 on 11.3.1997 for sale of plot No. 6, block - 22, area 18x30 meter = 540 square meter and plot No. 5 block - 42 area 18x30 meter = 540 square meter, which are situ...
Anita and Others Vs. Ramanand Prasad Patel and Others
Court: Chhattisgarh
Decided on: Mar-24-2011
(MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT)RAJEEV GUPTA, C.J.1. The unfortunate widow and parents of deceased Dilsai are the appellants before us in this appeal for enhancement of the compensation awarded by the Fourth Additional Motor Accident Claims Tribunal, Surajpur, district Sarguja (for short `the Tribunal') vide award dated 23.04.2005, passed in Claim Case No.24/2005.2) As against the compensation of Rs.24,50,000/- claimed by the appellants/ claimants, unfortunate widow and parents of deceased Dilsai, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 13.08.2003, the Tribunal awarded a total sum of Rs.1,79,500/- 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 deceased Dilsai died on account of the injuries sustained by him in the motor ...
Smt Purnima Bai and Others Vs. Onkar Singh and Others
Court: Chhattisgarh
Decided on: Mar-24-2011
(MISC APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT 1988)RAJEEV GUPTA, C.J.1. This is claimants' appeal for enhancement of the compensation awarded by the 11th Additional Motor Accident Claims Tribunal, Raipur (for short `the Tribunal') vide award dated 30.07.2005, passed in Claim Case No.77/2004.2) As against the compensation of Rs.13,64,000/- claimed by the appellants/ claimants, unfortunate widow, minor son, mother, brothers and sister of deceased Jitendra Renge, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 20.05.2003, the Tribunal awarded a total sum of Rs.2,63,880/- 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 deceased Jitendra Renge died on account of the injuries sustained by him in the motor accident on 20.05.2003; the accident occurred due to ...
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