Chhattisgarh Court August 2011 Judgments
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Teejan Bai Vs. Yashoda Bai Tamaskar
Court: Chhattisgarh
Decided on: Aug-03-2011
ORDER (ORAL):(WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)1. Challenge in this petition is to the order dated 13.09.2010 (Annexure P/1) passed by the respondent No. 4 i.e. Sub Divisional Officer (Revenue) Rajnandgaon, whereby re-counting of the votes has been ordered.2. The facts, in brief, as projected by the petitioner are that the petitioner contested the election for the post of Panch of Gram Panchayat, Thakurtola, Tahsil and District Rajnandgaon. Polling was conducted on 03.02.2010 and the petitioner was declared as returned candidate. A certificate to this effect was also issued in her favour and was invited for attending the oath. The respondent No. 1, who had also contested the election, filed an Election Petition under provisions of section 122 of the Chhattisgarh Panchayat Raj Adhiniyam,1993 read with Rule 80 of the Chhattisgarh Panchayat Election Rules,1995. The presiding officer issued notice in the petition and fixed the matter on 29.03.2010 and after serv...
Murari Prasad Awasthi Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Aug-01-2011
Oral Order Application under Section 482 of the Code of Criminal Procedure) 1. The aforesaid two petitions (i.e.Cr.M.P.No.444 and 445 of2011) are being disposed off by a common order as common question of law and fact arises for consideration. The applicant is facing trial for commission of offence under Section 406 of the I.P.C. under Crime No.08/2008 pending in the Court of Judicial Magistrate First Class, Rajnandgaon and also for alleged commission of offence under Section 379 of the I.P.C. under Crime No.280/2007 pending in the same Court. 2. The applicant was arrested by the Dongargaon Police on 03-04-2008 on the allegation of commission of offence under Section 379, 392, 406, 394 and 397 of the I.P.C. and four different cases were registered leading to filing of four charge sheet. In one, out of four cases, after filing of the charge sheet, the case was committed to the Court of Sessions Judge, which was registered as Sessions Trial No.117/2008 alleging commission of offence unde...
Kamla Gupta and Others Vs. Vijay Kumar Agrawal and Others
Court: Chhattisgarh
Decided on: Aug-01-2011
Oral Order (MISC. APPEALS UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988) I.M. QUDDUSI, J, 1. Since both these appeals arise out of Claim Case No. 49/2003 in which award dated 26.02.2004 has been passed by the Ist Addl. Motor Accidents Claims Tribunal, Ambikapur, District Sarguja, they are being disposed of by this common order. M.A.No.473/2004 has been filed by the claimants for enhancement of the quantum whereas M.A. No. 694/2004 has been filed by possession holder of the vehicle against fastening 1/3rd part of liability upon him as also quantum fixed by the Tribunal. 2. In M.A.No.694/2004, cross appeal has been filed by the Insurance Company with the delay of 2083 days. Therefore, I.A.No.2, an application for condonation of delay has been filed. Since the liability and quantum were challenged in the cross appeal, the said application is allowed and delay in filing the cross objections is condoned. 3. Brief facts of the case, as per the version of the claimants, are that on 27.12....
Smt Salina Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Aug-01-2011
(WRIT APPEAL UNDER SECTION 2(1) OF THE CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCH) ACT, 2006)SATISH K. AGNIHOTRI, J1. This intra-court appeal arises from the order dated 10.05.2011 (Annexure A/1) passed by the learned Single Judge in W.P.(S) No. 2503/2011 (Smt. Salina v. State of Chhattisgarh and Others) in which the appellant (petitioner therein) impugned the legality and validity of the order dated 02.05.2011 (Annexure P/8 to the writ petition) passed by the High Power Caste Scrutiny Committee (for short `the HPC') whereby, after verification, it was held that the certificate dated 24.02.1995 issued by the Naib Tahsilar, Rajnandgaon, holding the appellant to be `Gond', a scheduled tribe, was bad and illegal.2. The appellant questions the legality and validity of the order dated 10.05.2011 passed by the learned Single Judge, on the ground that the communication dated 26.09.2007 (Annexure P/2 to the writ petition) issued by the Chhattisgarh Rajya Anusuchit Janjati Ayog (for shor...
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