Chhattisgarh Court April 2011 Judgments
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Smt Sushma Yadav and Others Vs. Naresh Kumar Khanyuriya and Others
Court: Chhattisgarh
Decided on: Apr-07-2011
(Miscellaneous Appeal under Section 173 of 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, Manendragarh, District Koriya (for short `the Tribunal') vide award dated 16.03.2006, passed in Claim Case No.02/2004.2) As against the compensation of Rs.20,04,651/-, claimed by the appellants/claimants, unfortunate widow and minor children of deceased Dharmsingh @ Baccha Yadav, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death on 07.09.2003 on account of the injuries sustained by him in the motor accident on 01.09.2003, the Tribunal awarded a total sum of Rs.1,95,000/- as compensation to the claimants along with interest @ 9% 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 Dharmsingh @ Baccha Yadav died on 07.09.2003 on...
Radheshyam Vs. Jwakim and Another
Court: Chhattisgarh
Decided on: Apr-06-2011
(Petition under Section 482 of Criminal Procedure Code)1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘the Code, 1973'), the petitioner has challenged legality and propriety of the order dated 20-1-2011 passed by the Sessions Judge, Sessions Division, Jashpur in Criminal Revision No.13/2004, affirming the order dated 26-8-2004 passed by the Sub Divisional Magistrate, Bagicha in Criminal MJC No.7/2004, whereby learned Sub Divisional Magistrate has declared the possession of respondent No.1 under Section 145 of the Code, 1973.2. Brief facts necessary for disposal of this petition are that the petitioner has purchased 0.06 acre of land of Khasra No.106/1 situate at Village Bagicha from one Mahadev Sai - member of ST by agreement dated 26-8-89, out of the area 0.42 acres, thereafter on 19-10-2001 Mahadev Sai sold 0.06 acres of land of Khasra No.106/1 to respondent No.1. On the basis of aforesaid sale deed, respondent No.1 tried to dispossess ...
Anand Prakash Mishra Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Apr-05-2011
(CRIMINAL APPEAL UNDER SECTION 374 (1) OF THE CODE OF CRIMINAL PROCEDURE)1. The appellant calls in question the legality, validity and propriety of the judgment and order dated 27.12.2006 passed by Special Judge [constituted under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act] {for brevity "the Act"}, Bilaspur, in Special Case No. 65/2004 convicting him for the offence punishable under Section 376 IPC and sentencing to undergo rigorous imprisonment for seven years and pay fine of Rs. 2000, in default of payment of fine to further undergo rigorous imprisonment for one year.2. Factual matrix in narrow compass goes thus. On 16.3.2004 a written report Ex. P-9 was lodged by the prosecutrix (PW-14) aged about 24 years at the relevant time, to the effect that the accused/appellant who was the classmate of her brother Abhishek Badge (PW-3) in Engineering College, Bilaspur and staying in her house, used to subject her to rape since November 2003, as a result of which sh...
Nirmal Waswani Vs. Narendra Pal Singh and Others
Court: Chhattisgarh
Decided on: Apr-04-2011
(MISC APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT 1988)RAJEEV GUPTA, C.J.1. Appellant/ claimant Nirmal Waswani is seeking enhancement of the compensation awarded by the 10th Additional Motor Accident Claims Tribunal, Raipur (for short `the Tribunal') vide award dated 20.07.2006, passed in Claim Case No.05/2005.2) As against the compensation of Rs.5,70,000/- claimed by appellant/ claimant Nirmal Waswani through his father Raju Waswani, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 28.09.2004, the Tribunal awarded a total sum of Rs.20,789/- 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 S.S. Rajput, learned counsel for the appellant vehemently argued that the Tribunal has erred in exonerating the insurer of the offending vehicle Truck from its liability to pay compensation to the claimants; and in awarding lo...
Kuman Singh and Another Vs. United India Insurance Company and Others
Court: Chhattisgarh
Decided on: Apr-04-2011
Oral Order (APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988) I. M. Quddusi, J. 1. The instant appeal has been filed by the appellants Kuman Singh and Smt. Sahoderi, challenging the impugned award dated 21.8.2004, passed by the Second Additional Motor Accident Claims Tribunal (F.T.C.) Soorajpur in Claim Case No.23/2003. 2. Brief facts, in nutshell, are that the appellants had filed a claim case for award of a total compensation of Rs.54,30,000/- before the Tribunal on the ground that they are parent of Ravi Singh, who died in a motor accident on 2.2.2003 at 5.30 p.m. near Bhanwrahi Sarhad because of the rash and negligent driving of the Jeep, bearing registration No. M.P. 27B/5085, by its driver that is non-applicant No.2 (Ram Pratap). It was stated by the claimants (present appellants) that at the time of death their son Ravi Singh was aged about 25 years and was earning Rs.8000/- p.m. The criminal case arising out of the accident was pending in the Court at Soorajpur at Crime...
Moturam and Others Vs. State of Madhya Pradesh and Others
Court: Chhattisgarh
Decided on: Apr-04-2011
1. The dispute involved in these petitions relate to the same incident. Thus, all the matters are being considered together and being disposed of by this common order.2. The petitioners, namely Moturam, Constable, Rajkumar, Constable, Bhuvaneshwar, Head Constable, Ashok Kumar Sahu, Head Constable, Ramgovind Shukla, Constable, were posted at Police Station Manpur, District Rajnandgaon. M.S. Gill was posted as Town Inspector. A departmental enquiry was initiated against all the petitioners on the basis of allegation that they remained absent from the duties without permission on 22.09.1992 when they were directed orally to remain present in the Police Station at 17.00 Hours by the Station House Officer, which was not followed. An enquiry was held and the petitioners were removed from service vide order dated 30.09.1993. The petitioners preferred a departmental appeal before the Deputy Inspector General of Police on 19.10.1993 which was rejected on 13.12.1993. A second appeal was also pre...
Ramratan Kanwar and Others Vs. State of Madhya Pradesh
Court: Chhattisgarh
Decided on: Apr-01-2011
SUNIL KUMAR SINHA, J: 1. This appeal is directed against the judgment dated 12th of August, 1993 passed in Sessions Trial No. 2/91 by the Sessions Judge Ambikapur, District Sarguja. By the impugned judgment, the appellants have been convicted u/S. 302, IPC (in 2 counts) and sentenced to undergo imprisonment for life and pay fine of Rs. 5,000/- each, in default of payment of fine to further under R.I. for 6-6 months. 2. The facts, briefly stated, are as under:- The two deceased persons namely Bhaskar and Dhaneshwar were real brothers. Their other brothers are Bhuneshwar Prasad (P.W.11), Jugeshwar (P.W.17), Sukhsagar (P.W.13) and Pannalal (P.W. 14).All were residents of village Kuniya Kala. On 27-8-90, two buffaloes of accused Ramratan (A-1) had grazed the ground-nut crop of Jugeshwar Prasad (P.W.17). A panchayat was organized. Ramratan (A-1) did not turn-up in panchayat. On the next day i.e. on 28-8-90 Jugeshwar (P.W. 17) caught Ramaratan (A-1) when he was returning from the forest. A q...
Hembai Daughter and Others Vs. Saheb Ram and Others
Court: Chhattisgarh
Decided on: Apr-01-2011
(MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT)RAJEEV GUPTA, C.J.1. The unfortunate major and married daughters of deceased Bodhiram Chauhan are seeking enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Raigarh (for short `the Tribunal') vide award dated 21.09.2004, passed in Claim Case No.33/2004.2) As against the compensation of Rs.13,70,000/- claimed by the appellants/ claimants, unfortunate daughters of deceased Bodhiram Chauhan, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 05.08.2003, the Tribunal awarded a total sum of Rs.60,000/- 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 Roop Naik, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.60,000/- only.4) Claimants Hembai, Vimla Bai and Prem Kumari w...
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