Chhattisgarh Court September 2011 Judgments

Himcon Projects Pvt. Ltd. Vs. Lmz Energy (India) Ltd. and Another

Court: Chhattisgarh

Reported in: 2012AIR(Chhat)28

RADHE SHYAM SHARMA, J. Appellant Himcon Projects Private Limited has preferred the instant appeal against the impugned order dated 30-6-2010 passed by the District Judge, Bilaspur in M. J. C. No.155/ 2009, whereby the application moved by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996 (henceforth 'the Act, 1996') seeking an interim protection has been dismissed. 2. Facts of the case, as projected by the appellant, in brief, are that the appellant is a reputed business company dealing in civil and other construction works. Its registered office is situated at Bilaspur. Respondent No.1 is a company having its registered office at New Delhi and managed by its Managing Director and respondent No.2, the Engineer-in-Chief is Officer-in-Charge of the respondent No.1/company. A tender was invited by the respondents for construction of a guest house at Seepat Road in Bilaspur. Total value of contract for construction of the guest house was worth Rs.4,80,86,890.00 an...

Mithilesh Shrivastava Vs. Smt. Kiran Shrivastava

Court: Chhattisgarh

1. This appeal, in a matrimonial case, is by the husband and is directed against the judgment and decree dated 22-9-2004 passed by 3rd Additional District Judge, Bilaspur in Civil Suit No.14-A/2004 whereby the petition for dissolution of marriage filed under Section 5(i)(b) read with Section 12, Section 13(1)(iii) and Section 13(ia) of the Hindu Marriage Act, 1955 (for short ‘the Act’) by the appellant/husband has been dismissed. 2. Facts of the case in brief are as under:- (i) The marriage between the appellant Mithilesh Shrivastava and the respondent Smt. Kiran Shrivastava was solemnized on 16-4-1998, as per Hindu Rites and Customs. No child was born from the wedlock. The marriage, according to the appellant, lasted up to 11-1-2000. (ii) According to the appellant, immediately after marriage, the appellant noticed some abnormal behavior of the respondent. He earlier informed Smt. Indu Verma, who was a mediator in the marriage, on telephone and then to the parents of the r...

Smt. Janki Bai and Others Vs. Ram Khilawan Rathore and Others

Court: Chhattisgarh

(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, Bilaspur (for short `the Tribunal') vide award dated 31.08.2004, passed in Claim Case No.83/2003. 2) As against the compensation of Rs.10,34,160/- claimed by the appellants/ claimants, unfortunate widow, minor children and parents of deceased Nutan Singh Gond, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 08.08.2003, the Tribunal awarded a total sum of Rs.1,93,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Nutan Singh Gond died on account of the injuries sustained by him in the motor accident on 08.08.2003; the accident occurred due to rash and negligen...

Ganesh Vs. State of Madhya Pradesh Now State of Chhattisgarh

Court: Chhattisgarh

(Criminal Appeal under Section 3742 of the Code of Criminal Procedure) Radhe Shyam Sharma, J. 1. This appeal is directed against the judgment dated 21-6-1995 passed by Session Judge, Bilaspur in Session Trial No.426/1991. By the impugned judgment, appellant Ganesh has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. 2. Case of the prosecution, in brief, is as under: On the fateful day, i.e., 13-4-1991, at about 4:30 P.M., deceased Shyamsunder was taking meals at his house. At that time, one Mehtar boy was throwing stones in the bush behind the house of the deceased for taking out his kite. The stones were falling on the roof-tiles of the house of the deceased and breaking the tiles. The deceased went to stop the boy throwing stones. His wife Surajabai (PW-1) accompanied him. The deceased asked the boy to stop throwing stones and take out the kite by climbing on the tree. At that time, the appellant and his brother Ballu alias Nar...

Smt. Ganga Anchal Vs. State of Chhattisgarh and Others

Court: Chhattisgarh

(WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)1. Challenge in this petition is to the order dated 15.07.2011 (Annexure P/1) whereby, the petitioner, working as Supervisor at Project Mungeli, has been transferred to Project, Gaurela, on administrative grounds.2. Learned counsel appearing for the petitioner submits that contrary to the transfer policy dated 13.06.2011 (Annexure P/4), the petitioner has been transferred without having a proposal from the department, as required.3. Notice was issued to the respondents and an order to maintain status quo as obtained on 05.08.2011, was passed.4. Shri Singh, learned counsel appearing for the State/respondents submits that the transfer policy is not binding on it as they are mere guidelines and not controlled by statutory provisions.5. Indisputably, the proposal was not made by the concerned department, as is required under the transfer policy dated 13.06.2011. For ready reference, the relevant portion of the transfer policy da...

Rajkumar Sahu and Others Vs. State of Chhattisgarh and Others

Court: Chhattisgarh

(Writ Petition under Article 226/227 of the Constitution of India) 1. The petitioner seeks a direction to the respondents to compute and award the compensation against the acquisition of portions of their lands from Khasra Nos.688/3, 686/6 and 601 of the petitioners respectively. 2. The brief facts, in nutshell, as projected by the petitioners, are that the petitioners are residents of village - Amandula, Tahsil Malkharoda, District- Janjgir-Champa. The petitioners were owners of the lands, as stated herein : S.NoName of Land OwnerKhasra No.Total RakbaPortion of Land Submerged1.Rajkumar     / Arvind Sahu686/31.16 Acre0.18 Acre2.Rajkumar / Arvind Sahu686/60.45 Acre0.20 Acre3.Nanki Dau Chandra6010.70 Acre0.18 Acre3. A part of the above stated lands came under submergence in Pota Sendras Miner Canal constructed by the State Government in the year 1999, without acquisition and payment of compensation. 4. The petitioners made representation for computation and grant of p...

Vinay Shaha and Others Vs. Harvilas Hajarilal Mistri and Another

Court: Chhattisgarh

RAJEEV GUPTA, C.J. 1.This is claimants’ appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Bhanupratappur, Kanker (for short 'the Tribunal') vide award dated 28-11-2008, passed in Claim Case No. 94/2007. 2. As against the compensation of Rs.5,20,000/- claimed by the appellants/claimants, unfortunate husband and children of deceased Smt. Mayarani Shaha, by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death on 21-11-2006 on account of the injuries sustained by her in the motor accident on 08-11-2006, the Tribunal awarded a total sum of Rs.1,75,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3. The Tribunal on a close scrutiny of the entire evidence led before it held that deceased Smt. Mayarani Shaha died on 21-11-2006 on account of the injuries sustained by her in the motor accident on 08-11-2006; the accident occ...

Dr. Rk. Chandra Vs. State of Cg and Others

Court: Chhattisgarh

(WRIT PETITION UNDER ARTICLE 226227 OF THE CONSTITUTION OF INDIA)1. The petitioner who is presently working as Specialist in Community Health Centre, Malkharoda, District Janjgir- Champa has filed this petition challenging his suspension order, charge-sheet, departmental enquiry initiated against him as also the recommendations of the Additional Public Prosecutor for taking action against him. The petitioner has also prayed for expunction of the adverse remarks made in paragraph 39 and 40 of the judgment dated 21.04.05 rendered by the Additional Sessions Judge Janjgir.2. According to the counsel for the petitioner, during the pendency of this petition the suspension order of the petitioner has been revoked and in the departmental enquiry also he has been exonerated vide order dated 04.01.10 and therefore, for the present, he is confining his relief only to the expunction of adverse remarks made by the Additional Sessions Judge Janjgir in paragraph 39 and 40 of its judgment dated 21.04....

National Insurance Company Ltd Vs. Bahal Ram Verma and Others

Court: Chhattisgarh

Oral Order (MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988) I.M. QUDDUSI, J, 1. This appeal has been filed by the Insurance Company against the impugned award dated 08.11.2010 passed by the Ist Additional Motor Accident Claims Tribunal, Rajnandgaon Distt. Rajnandgaon, Chhattisgarh, in Claim Case No. 64/2008 against the liability as well as quantum part. 2. The application u/s 170 of the Motor Vehicles Act was rejected, but we are of the opinion that the owner and driver in their written statement have stated that whatever the amount of compensation is to be fixed by the Tribunal, the Insurance Company would be responsible to pay. In such circumstances the Tribunal should have treated this part of the written statement as collusion between the owner and the claimants and therefore, the application u/s 170 of the Act should not have been rejected. The appellant has challenged the rejection order in the instant appeal. Therefore, we are of the opinion that the Claims Tribu...

Maimuna Bibi and Others Vs. Guru Prasad Jaiswal and Another

Court: Chhattisgarh

(APPEAL US 173 OF THE MOTOR VEHICLES ACT 1988) N.K.Agarwal, J 1. This is claimants' appeal seeking enhancement of compensation awarded by Motor Accidents Claims Tribunal, Ambikapur vide award dated 18.09.1997 in Claim Case No. 26/95. Respondent No.2/Oriental Insurance Company Limited has also preferred cross-objection. 2. As against the compensation of Rs.7,75,000/- claimed by the appellants/claimants by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short `the Act') for the death of Mohd. Shamim in the motor accident dated 28.07.1995, the Tribunal has awarded a total sum of Rs.60,000/- along with interest at 12% per annum from the date of application till its actual payment. 3. The Tribunal, on a close scrutiny of the evidence led, held: the accident had occurred due to rash and negligent driving of Truck bearing registration No.M.P.27B-0715 by deceased himself; respondent No.2/Oriental Insurance Company Limited liable for payment of compensation; awarded Rs...