Chhattisgarh Court March 2011 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
State of Chhattisgarh and Others Vs. Ms. R.S. Bajwa and Company
Court: Chhattisgarh
Decided on: Mar-16-2011
(Application for Review of the Judgment dated 27th August 2010 passed in W A No 208 of 2008)ORDER (oral)I. M. QUDDUSI, J.1. Heard learned counsel appearing for the applicants as well as learned counsel appearing for the non-applicant.2. By this petition, the applicants seek review of the order dated 27.8.2010, passed by this Court in Writ Appeal No. 208 of 2008 (M/s R. S. Bajwa and Company Vs. State of Chhattisgarh and 4 others), whereby the writ appeal was allowed. The impugned order dated 5.8.2008 passed by the learned Single Judge in W.P. (C) No. 3700/2008 and the order dated 5.5.2007 passed by the learned District Judge, Surguja (Ambikapur) in Execution Proceedings No. 1/07 were set aside and it was directed that the District Judge shall decide the application of the writ appellant filed for execution of the award dated 22.8.2006 in accordance with law.3. The above writ appeal was filed by the instant non-applicant (writ petitioner) against the order dated 5.8.2008 passed by the le...
Smt SamarIn Bai and Another Vs. Mangal Singh and Another
Court: Chhattisgarh
Decided on: Mar-16-2011
(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 Additional Motor Accident Claims Tribunal, Korba (for short `the Tribunal') vide award dated 12.05.2006, passed in Claim Case No.153/2003.2) As against the compensation of Rs.54,03,000/- claimed by the appellants/ claimants unfortunate parents of deceased Subhash Singh by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 13.04.2003, the Tribunal awarded a total sum of Rs.2,78,172/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.3) Shri MK Baeg, learned counsel for the appellant vehemently argued that the Tribunal has erred in not accepting the claimants' evidence about the income of the deceased and in assessing his income at Rs.25,000/- per annum only; and in awarding low compensation of Rs...
Bihari Alias Bhim Prasad Soni Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Mar-11-2011
(CRIMINAL APPEAL UNDER SECTION 374 (1) OF THE CODE OF CRIMINAL PROCEDURE)1. This appeal is directed against the judgment and order dated 20/06/2003 passed by Additional Sessions Judge Mahasamund in Sessions Trial No. 461/02 convicting the accused/appellant for the offences punishable under Sections 363 I.P.C. and sentencing him to undergo rigorous imprisonment for three years and pay fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment for three months.2. Facts of the case in brief are that on 03/09/02, F.I.R. (Ex.P-1) was lodged by Jugeshar (PW-2) the father of the prosecutrix alleging that on 01/03/02 his daughter aged about 16 years at the relevant time who was working as labourer was missing. It is alleged that accused/appellant who was working as a mason and co-accused Narayan took the prosecutrix and her sister on bicycle and when she did not return, the report was lodged by him. On the basis of this F.I.R. offences under Sections 363 and 366 I...
Jitendra and Others Vs. Jitendra and Others
Court: Chhattisgarh
Decided on: Mar-11-2011
(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 Additional Motor Accident Claims Tribunal, Dhamtari, district Raipur (for short `the Tribunal') vide award dated 09.03.2006, passed in Claim Case No.518/2004.2) As against the compensation of Rs.23,50,000/- claimed by the appellants/ claimants, unfortunate widow and minor children of deceased Bhuneshwar Sahu, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 15.05.2004, the Tribunal awarded a total sum of Rs.1,70,000/- as compensation to the claimants along with interest @ 6% per annum in the event of the insurer's failure to deposit the amount of compensation within 30 days of the passing of the award.3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Bhuneshwar Sahu died on account of the injuries sustained by him in the motor...
State of Chhattisgarh Vs. Ms. Rcc Hume Pipe and Products
Court: Chhattisgarh
Decided on: Mar-10-2011
Oral Order 1. Instant first appeal under Section 96 of the Code of Civil Procedure arises out of the judgment and decree dated 13-12-2000 passed by the District Judge, Bastar at Jagdalpur in Civil Suit No. 7-B/1999. 2. Brief facts of the case are that the respondent (henceforth `the plaintiff') filed a suit for recovery of Rs. 2,22,000/- on account of certain supply of R.C.C. Hume Pipes through M.P. Laghu Udyog Nigam, Bhilai. The plaintiff while claiming the amount also claimed interest at the rate of 18% per annum. The appellant (henceforth `the defendant') admitted supply as well as entitlement to the extent which could not be paid within a reasonable time. However the defendant denied the liability to pay interest. 3. Learned trial Court vide judgment and decree impugned held plaintiff firm is entitled for a decree of Rs. 2,22,000/- which includes amount of interest i.e. Rs. 95,967/- calculated at the rate of 18% per annum. The interest at the rate of 6% per annum was also granted f...
Sukhdev Prasad Tondon and Another Vs. Bal Ram Kishore Tondon and Anoth ...
Court: Chhattisgarh
Decided on: Mar-10-2011
(Criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure 1973 and Application under S)1. Criminal Revision No.578/2010 filed on behalf of the accused/applicant namely Sukhdev Prasad Tandon against the judgment dated 18-10-2010 passed by the 3rd Additional Sessions Judge, Bilaspur in Criminal Appeal No.32/2009 affirming the judgment of conviction and order of sentence dated 16-3-2009 passed by the Judicial Magistrate First Class, Bilaspur in Criminal Complaint Case No.119/2009 and Criminal Miscellaneous Petition No.891/2010 filed on behalf of the complainant namely Balram Kishore Tandon against the order dated 18-10-2010 passed by the 3rd Additional Sessions Judge, Bilaspur in Criminal Revision No.163/2009 affirming the same judgment dated 16-3-2009 passed by the same Judicial Magistrate First Class, Bilaspur in same Criminal Complaint Case No.119/2009, are being disposed of by this common order.2. Vide Criminal Revision No.578/2010 accused/applicant ...
Tejram Patel Vs. Amrit Lal Patel and Others
Court: Chhattisgarh
Decided on: Mar-10-2011
Oral Order 1. The order of attachment of tractor bearing registration No. CG.06-ZX 0901 and trolley No. CG.06-ZX 0902 by the Executing Court in Execution Case No. 1-B/2004 is under assail by way of instant petition. 2. Facts of the case according to the petitioner are that respondent No. 1/decree holder filed a money suit against judgment debtor Horilal. The suit was decreed. In execution, learned court below attached the tractor and trolley in question. 3. According to the petitioner, he is registered owner of the tractor and trolley in question and the same cannot be attached in execution of the decree against the respondent No. 2 and the same has wrongly been attached. 4. Shri Patel, learned counsel for the respondent No. 1/ decree holder would submit, in fact, the petitioner and the respondent No. 2 are father and son living jointly, also holding the tractor and trolley in question as its joint owner. In view of above, the trial court has not committed any illegality in attaching t...
Rakesh Gautam and Others Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Mar-10-2011
(Criminal revisions under Section 397 read with Section 401 of the Code of Criminal Procedure 1973)1. Since both the above two revisions have been filed against the common order dated 3-7-2010 passed by the 9th Additional Sessions Judge (FTC), Raipur in Sessions Trial No.68/2010, for quashing of the charges framed against the applicants under Sections 304B and 498A of the IPC, they are being disposed of by this common order.2. As per case of the prosecution, Smt. Kiran Mishra (since deceased) - wife of Rakesh Gautam i.e. applicant No.1 in Criminal Revision No.408/2010, was married to Rakesh Gautam in the year 2000 in accordance with her custom. Gouna ceremony was performed in the year 2002. Applicant Rakesh Gautam and other applicants i.e. relatives of Rakesh Gautam - husband of Kiran Gautam, committed torture and cruelty upon Kiran Gautam in connection with demand of dowry and finally Kiran Gautam died on 31-12-2008 in her matrimonial house in abnormal circumstances. Report was lodged...
Ashok Kumar Thakur and Others Vs. Ramesh Kumar Bhuwal and Others
Court: Chhattisgarh
Decided on: Mar-09-2011
(MISC APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT)RAJEEV GUPTA, C.J.1. This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Korba, (for short `the Tribunal') vide award dated 29.03.2006, passed in Claim Case No.20/2005.2) As against the compensation of Rs.30,00,000/- claimed by the appellants/ claimants, unfortunate parents and sister of deceased Amit Thakur, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death on 14.11.2004 on account of the injuries sustained by him in the motor accident on 13.11.2004, the Tribunal awarded a total sum of Rs.5,58,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.3) Shri Ravish Verma, learned counsel for the appellants vehemently argued that the Tribunal has erred in deducting 50% of the income of the deceased towards his personal expenses; in selecting the lower ...
Heeralal Since Deceased Through Lrs Vs. Isbati and Another
Court: Chhattisgarh
Decided on: Mar-09-2011
(WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA)ORAL ORDER:1. The instant petition calls in question the order dated 08.01.2010 passed by the Ist Civil Judge, Class I, Mahasamund, in Civil MJC Case No. 7/09, whereby the petitioner's application filed under Order 9 Rule 9 of CPC was dismissed as not maintainable.2. Brief facts of the case are: petitioner filed an application under Order 9 Rule 13 of CPC for setting aside judgment and decree passed in Civil Suit No. 44-A/2000. On 21.08.2009, the said application was dismissed for want of prosecution. On the same day, the petitioner moved an application under Order 9 Rule 9 read with Section 151 of CPC for its restoration.3. The trial court, vide impugned order dismissed the above application holding: provisions of Order 9 Rule 9 of CPC are inapplicable in misc. proceedings like the present one. It was further held, petitioner also failed to show any sufficient cause for restoration.4. I have heard the counsel appearing for ...
- ‹ Prev
- 1
- 2
- 4
- 5
- Next ›
- Last »