Chhattisgarh Court April 2011 Judgments

Ketki Kumari Vs. Inder Prasad and Another

Court: Chhattisgarh

I.M. QUDDUSI, J. 1. These two appeals (M.A.Nos.1656 and 1657 of 1999) have been against the common award dated 28-6-1999, passed by the Additional Motor Accident Claims Tribunal, Soorajpur, Surguja in Claim Case Nos.97/98 (Ganpat Koir v. Inder Prasad) and 35/98 (Ketki Kumari v. Inder Prasad), therefore both the appeals are being decided by this order 2. The brief facts, in nutshell, are that on 28-2-1979 Ganpat and Motilal were going to the weekly market Odsi Bazar on the truck, bearing registration No. MPL 3045 after loading their belongings in the truck. The said truck was owned by the non-applicant No.1 and at the relevant time the non-applicant No.2 was its driver. On that day at Village-Baijnathpur near Langda Ghoda Ghat due to rash and negligent driving of the non-applicant No.2 the truck turned turtle. In that accident Ganpat and Motilal both received grievous injuries and later on Motilal succumbed to the injuries received in the accident. 3. The injured Ganpat filed Claim Case...

Saduram Vs. Tikeshwar Dead Through Legal Representatives and Others

Court: Chhattisgarh

1. Instant plaintiff's second appeal arises against the judgment and decree dated 6-4-1988 passed by the Ist Additional District Judge to the Court of District Judge, Raigarh in Civil Appeal No. 89-A/1979. 2. Facts of the case in brief are as under:- i. Plaintiff filed a suit for specific performance of contract of sale of one acre of land out of Khasra No. 292/2 situated in village Lailunga. According to plaintiff, he entered into agreement of sale with regard to suit land on 24-1-1972 with the defendants for a consideration of Rs. 3100/-. He paid Rs. 1500/- as earnest money to defendant No. 1 i.e. Karta of the family of defendants, who executed agreement of sale in plaintiff's favour with the consent of other defendants. As per agreement, the balance consideration amount was payable at the time of execution of sale deed. Defendants agreed to execute sale deed in plaintiff's favour within 2 days. Defendants were in need of money to meet their house hold expenses, for that necessity, t...

Gyanesh Chandra Bhoi and Others Vs. National Council for Vocational Tr ...

Court: Chhattisgarh

(WRIT PETITOIN UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)ORDER (oral)I. M. QUDDUSI, J.1. Heard learned counsel appearing for the writ petitioners as well as learned counsel appearing for the respondents.2. These writ petitions i.e. W.P.(S) Nos. 5641, 5674, 5678 and 5711 of 2010 have been filed by the petitioners challenging the constitutional validity of the Notification No. F 1- 23/2009/42 published in the Official Gazette (Extraordinary) dated April 15, 2010, making amendments in the Chhattisgarh Industrial Training (Non-Gazetted), Service Recruitment Rule, 2005, whereby the clause for experience in qualification as prescribed under Schedule III of the Rules, 2005 has been deleted and advertisement pursuant to the said amendment has been issued on September 02, 2010 for recruitment of Training Officer in Industrial Training Institute (ITI) contrary to the Executive Instructions of the Central Government as provided under Article 73 of the Constitution of India. (Rule 8 Schedule ...

Bajaj Allianz General Insurance Co. Ltd. Vs. Dasru Patel and Others

Court: Chhattisgarh

Reported in: 2011AIR(Chhat)149

ORAL ORDER 1. This order shall govern disposal of above two writ petitions. 2. Bajaj Allianz General Insurance Company Limited who is petitioner in both the writ petitions is challenging jurisdiction of Permanent Lok Adalat to entertain and adjudicate claim petitions under the Motor Vehicles Act, 1988 (briefly `the Act of 1988'). 3. For proper appreciation of legal issues involved in the case, the facts in W.P.(227) No. 292/2009 is set down hereunder:- Respondent No. 1 instituted a claim petition before the Permanent Lok Adalat, Bilaspur under Section 22- A of the Legal Services Authority Act, 1987 (briefly `the Act of 1987') claiming amount of Rs. 5,50,000/- as compensation for the injuries sustained by him in the motor accident dated 1-3-2008 against the driver, owner and petitioner i.e. insurer of the truck bearing registration No. CG07 C/7247. After receipt of notice, the petitioner/insurance company raised a preliminary objection challenging jurisdiction of Permanent Lok Adalat to...

Amarjit Singh Vs. Jasjit Singh

Court: Chhattisgarh

(Petition 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, 1973'), the petitioner has prayed for quashment of Criminal Complaint Case No.183/2011 pending in the Court of Additional Chief Judicial Magistrate, Raipur in which the Court below has taken cognizance against the petitioner and has issued process vide order dated 28-10-2010 substantially on the ground of lack of territorial jurisdiction and non-compliance of mandatory provisions contained in Section 202 (1) of the Code.2. As per copy of the complaint filed on behalf of the respondent, dispute relating to tenancy of accommodation situate at Chandigarh was resolved and the petitioner issued cheque of Rs.90 lakhs on 20-8-2010 in favour of the respondent, same was presented for encashment on 24-8-2010 at ING Vysya Bank Limited, Branch Raipur, same was bounced on the ground of insufficiency of money and difference in signatur...

Secl Bishrampur and Others Vs. Bharti Devi and Others

Court: Chhattisgarh

(Miscellaneous Appeal under Section 173 of the Motor Vehicles Act) Prashant Kumar Mishra, J.: 1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 (henceforth `the Act') has been preferred by the owner of the vehicle, who also happens to be the employer of the deceased. On account of death of the deceased Satish Kumar, a claim petition under Section 166 of the Act was preferred by his legal heirs (widow, two minor sons and parents) and the Claims Tribunal has awarded compensation of Rs.15,68,212/- in their favour. 2. Brief facts of the case, as stated in the claim petition and the memo of appeal, are that the deceased Satish Kumar, son of Neelmani was employed with the appellants/SECL as a dumper driver and was working in the Pokhariya Mines, Bishrampur. On 7-12-2002, at about 2:30 P.M., the dumper (haulpak) sunk in Mine No.9, Pokhariya, as a result of which, the deceased received grievous injuries and subsequently succumbed to death. The claimants, being the widow, ...

Prabhakar Reddy Vs. State of Chhattisgarh

Court: Chhattisgarh

T.P. SHARMA, J. 1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 4-8-2006 passed by the Additional Sessions Judge, Balod, in Sessions Trial No.74/2006, whereby and whereunder learned Additional Sessions Judge after holding the appellant guilty for commission of culpable homicide amounting to murder of Ashok Shende, convicted the appellant under Section 302 of the IPC and sentenced him to undergo imprisonment for life and pay fine of Rs.1,000/-, in default of payment of fine to further undergo RI for one year. 2. Conviction is impugned on the ground that without any iota of evidence, the trial Court has convicted and sentenced the appellant, and thereby committed illegality. 3. As per case of the prosecution, on the fateful day of 31-8-2005 at about 7.30 p.m. the appellant quarreled with Ashok Shende (since deceased) and caused stab wound by knife on abdomen whereby stomach was cut, relatives of Ashok Shende brought him to the hospital and he made...

Smt Kiran Khandey and Others Vs. Manish Shrivastav and Others

Court: Chhattisgarh

(Memo of 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 10th Additional Motor Accident Claims Tribunal, Bilaspur (for short `the Tribunal') vide award dated 17.08.2004, passed in Claim Case No.81/2004.2) As against the compensation of Rs.47,48,040/- and Rs.2,40,000/- claimed by the appellants/ claimants, unfortunate widow, minor son, mother and brother of deceased Kartik Ram Khandey by filing a joint claim petition for the death of deceased Kartik Ram Khandey and for the injuries sustained by claimant No.1 Smt. Kiran Khandey in the motor accident on 10.05.2002, the Tribunal awarded a total sum of Rs.5,60,600/- as compensation for the death of deceased Kartik Ram Khandey in the motor accident along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. The Tribunal did not award any compensation to claimant No.1 Kiran Khandey for...

Hori Lal and Another Vs. State of Madhya Pradesh

Court: Chhattisgarh

(CRIMINAL APPEAL UNDER SECTION 374 1 OF THE CODE OF CRIMINAL PROCEDURE)1. This appeal is directed against the judgment and order dated 18.10.1996 passed by Special Judge, Raipur in Special Case No. 128/1996 convicting the accused/appellants for the offence punishable under Section 3 (1) (X) read with 34 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the "Act") and sentencing each of them to undergo rigorous imprisonment for six months and pay fine of Rs. 500 in default of payment of fine to further undergo simple imprisonment for three months.2. Facts of the case in brief are that on 1.11.1995 FIR (Ex. P-1) was lodged by Ram Bagas (PW-1) alleging that on 31.10.1995 at about 8 p.m. cattle of one Indal had damaged the crop of Chandulal and when he along with some other persons namely Chanulal, Khorbahra and Asaram was taking the cattle to the cattle pond, one of the cattle sat down near the house of one Horilal and during this period, the accused/app...

Future Generali India Insurance Company Ltd and Another Vs. Kalyan Dhu ...

Court: Chhattisgarh

(MISC APPEALS US 173 OF THE MOTOR VEHICLES ACT 1988)I.M. QUDDUSI, J,1. These are the two appeals filed against the impugned award dated 16th August, 2010 passed by the IX Motor Accident Claims Tribunal (F.T.C) Raipur in Claim Case No.15/2010.2. M.A(C) No.1241/2010 has been filed by the owner of the vehicle challenging the impugned award so far as it relates to fixing of liability imposed upon him as well as on the question of quantum. M.A(C). No.1214/2010 has been filed by the Insurance Company namely Future General India Insurance Company Limited challenging the award by which the Insurance Company has been directed to pay the amount of compensation to the claimant and recover it from the owner as also against the non- affording adequate opportunity to lead evidence.3. Cross objections have also been filed by respondent no.1 for enhancement of compensation.4. Brief facts of the case according to the version of claimants are that the injured claimant Kalyan Dhurandhar was sitting on Ga...