Chhattisgarh Court September 2011 Judgments

Dharampal Patel Vs. the State of Chhattisgarh

Court: Chhattisgarh

(Criminal Appeal under Section 3742 CrPC) Radhe Shyam Sharma, J.: 1. This appeal is directed against the judgment dated 05th December, 2002 passed by the Special Judge and Additional Session Judge, Durg in Special Case No.77/2002. By the impugned judgment, appellant Dharampal Patel has been convicted under Sections 302, 307 and 449 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/-, in default, to further undergo rigorous imprisonment for 1 year, rigorous imprisonment for 7 years and rigorous imprisonment for 7 years, respectively. 2. The facts, briefly stated, are as under: Rajesh Meshram (PW-9), his wife Archana Meshram (deceased) and their daughter Ku. Nidhi Meshram (PW-6), aged about 6 years, were residing together in a house. On 25.02.2002, at about 1.30 p.m., when the deceased and her daughter Ku. Nidhi Meshram (PW-6) were inside their house, the appellant came there from backside of the house and tried to open the Almirah kept i...

Khiti Sahu Vs. Yashwant Kumar Sahu and Another

Court: Chhattisgarh

Order (Oral) (APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988) I. M. Quddusi, J. 1. This appeal, filed by the appellant, arises from the impugned award dated 30th April, 2007, passed by the First Additional Motor Accident Claims Tribunal, Mahasamund in Claim Case No. 10/1996, awarding a total sum of Rs. 4,70,000/- to the claimant, fixing the liability on the appellant, herein. 2. The, brief facts, in nutshell, are that the injured/claimant Yashwant Kumar Sahu was working as a Tractor Mechanic in the vehicle repairing workshop of the appellant/Non-applicant No.1. On 19.9.1995 Non-applicant No.2 (owner of the tractor) came to the work-shop of Non-applicant No.1 and requested to get his tractor repaired which is standing at Basna near Prakash Medical Stores. Therefore, on the instructions of Non-applicant No.1, the injured/claimant went to the spot and started repairing the tractor. During the course of repairing the tractor, the jack on which the vehicle was resting got slipped ...

Atahar Ali Khan Vs. Chairman Coal India Ltd and Others

Court: Chhattisgarh

ORDER (ORAL):(APPLICATION FOR REVIEW UNDER RULE 90 OF THE HIGH COURT OF CHHATTISGARH RULES, 2007 READ WITH ORDER XLVII RULE 1 OF THE CODE OF CIVIL PROCEDURE DATED 08.09.2010 PASSED IN W.P No. 4178/1998)1. The applicant seeks review of the order dated 08.09.2010 (Annexure A/1) passed in W.P. No. 4178/1998 (Atahar Ali Khan v. Chairman, Coal India Limited and Others), mainly on the ground that after the direction of the Hon'ble High Court of Madhya Pradesh in W.P.(S) No. 4624/2004, vide order dated 19.03.2009, one similarly situated employee namely Shri A.K.Shukla was given promotion on the post of E- 2 executive grade.2. The brief facts, in nutshell are, that the review petitioner sought quashing of the order dated 11.06.1995 (Annexure P/2 to the writ petition) in respect of promotion granted to the respondent No. 5 therein and to promote the review petitioner as Law Officer w.e.f. 13.06.1996 alongwith financial and other consequential benefits. This Court, after having considered the wr...

Commissioner Customs and Central Excise Vs. Lafarge India Private Limi ...

Court: Chhattisgarh

ORAL ORDER:(APPEAL UNDER SECTION 35-G(2) OF THE CENTRAL EXCISE ACT, 1944)SATISH K. AGNIHOTRI, J.1. The present appeal filed under section 35-G(2) of the Central Excise Act,1944 arises from the order dated 28.11.2003 (Annexure A/1) passed by the Northern Bench of Customs, Excise and Service Tax Appellate Tribunal (for short `CESTAT') whereby the appeal filed by the respondent was allowed.2. The substantial question of law raised by the appellant is asto whether the credit under Rule 2(f) of the Cenvat Credit Rules, 2001, on explosives used outside the factory premises, can be allowed when the rules stipulates that the credit is allowed on the inputs which are used within the factory of production.3. The facts, in brief, are that the respondent admittedly used Ammonium Nitrate and other explosive materials outside the factory mines for production of lime stone which was used in the factory of the respondent for production of cement. The respondent claimed Modvat credit on the explosives ...

Sunder Lal and Others Vs. State of Cg Through Police Dabhara

Court: Chhattisgarh

(Criminal Appeal under Section 374 (2) of the CrPC) Rangnath Chandrakar, J. 1. The appellants have preferred this appeal under Section 374 (2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 22-7-2003 passed in Sessions Trial No.477/2002 whereby learned Additional Sessions Judge, Sakti, Distt. Bilaspur, after holding the appellants guilty for committing murder of Vishram, convicted them under Section 302 read with Section 34 of the IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs.1000/- each, in default of payment of fine to undergo further RI for three months. 2. The prosecution started on the basis of report (Ex.P/5) lodged by injured Vishram in Police Station Dabhara on 2-11-2002 at 8.20 p.m., who died after sometime on the same day. Initially the case was registered under Sections 341, 294, 323 and 506 read with Section 34 of the IPC and subsequently after death of deceased Section 302 of the IPC was adde...

Prabir Kumar Naharoy and Another Vs. New India Insurance Co Ltd and Ot ...

Court: Chhattisgarh

1. The instant appeal filed under Section 96 of Code of Civil Procedure (for short `the Code') is directed against the judgment and decree dated 28.03.2003 passed by the Additional District Judge, Manindragarh, District Koriya in Civil Suit No. 4-B/1996 whereby and whereunder the plaintiffs' suit for recovery of Rs.76,332/- along with interest has been dismissed. 2. Facts of the case in brief are as under :- (i) Plaintiff was a transport contractor engaged by respondents No.3 and 4 vide agreement dated 31st March, 1992 to transport coal from `0' seam Chirimiri Colliery underground mine to Chirimiri Railway siding. (ii) During transportation of coal, one of the tippers bearing registration No. M.P. 23B/4392 owned by the plaintiff met with an accident on 01.01.1993, in which, one Nanha Ram died on account of the injuries sustained by him in the said accident. (iii) Admittedly, the deceased Nanha Ram was working under the employment of defendants No.3 and 4 at the time of accident. (iv) I...

State of Chhattisgarh Vs. Chattisgarh Board of Revenue, Bilaspur and O ...

Court: Chhattisgarh

Reported in: 2012AIR(Chhat)34

1. By filing following writ petitions under Article 227 of the Constitution of India, the State of Chattisgarh/petitioner has challenged legality and propriety of the order passed by the Board of Revenue, Chattisgarh, Bilaspur in appeal under Section 47-A(4) of the Indian Stamp Act, 1899 (for short ‘the Act’) against the order passed by the collector of stamps, Bilaspur under Section 47-A (2) of the Act, whereby the Board of Revenue has quashed/modified the order passed by the Collector of Stamps:- W.P. (Art.227) No.Appeal case no. (u/s. 47A (4) and Date of order passed by the BORRef.Case No. (u/S. 47A (2) and Date of order passed by the Collector of StampsProperty situate atNature of order passed by BOR (Quashed/ modified)285/2011No.A/02/SA/B-105/124/09,D/-10-12-2009No.336/B-105/2008-09,D/- 29-10-2009Vill. and Tah. Bilha, Distt. BilaspurQuashed287/2011No.A/02/SA/B-105/123/09,D/-10-12-2000No.335/B-105/2008-09,D/- 29-10-2009Vill. and Tah. Bilha, Distt. BilaspurQuashed303/201...

Sahdeo and Others Vs. Sumanlata

Court: Chhattisgarh

Oral- Order (Petition u/S 482 of the Cr.P.C) 1. Heard. 2. This petition under Section 482 of the Cr.P.C., has been filed by the petitioners assailing the correctness and validity of order dated 31st March, 2011 passed by the revisional Court, whereby the order dated 26.8.2010 passed by the Sub Divisional Magistrate, directing attachment, has been affirmed. 3. The sole ground of challenge to the impugned orders passed by the Magistrate and the Court below is that unless a preliminary order in terms of Section 145 (1) of the Cr.P.C. is passed by the Magistrate, power of attachment under Section 146 (1) of the Cr.P.C. could not be invoked. 4. Learned counsel for the petitioner submits that in the present case, the Magistrate has passed the impugned order dated 26.8.2008, which does not fulfill the statutory requirement of passing preliminary order in terms of Section 145 (1) of Cr.P.C. He submits that the order nowhere records in writing the grounds of satisfaction that a dispute is likel...

Bhimsen Agrawal Vs. Union of India and Others

Court: Chhattisgarh

ORDER (ORAL):(Writ Petition under Article 226 of the Constitution of India)1. By this petition, the petitioner seeks to challenge the legality and validity of the order dated 10-6-2011 (Annexure - P/1) passed by the Sub Divisional Officer (Revenue), Bilaspur.2. Learned counsel appearing for the petitioner submits that the petitioner is the owner of land bearing khasra No.300 measuring 2630 sq.mt. at National Highway No.200 in village Bhojpuri, Patwari Halka No.8, Tahsil Bilha, District Bilaspur. Pursuant to the advertisement dated 26-3-2008 of the Bharat Petroleum Corporation Limited, the petitioner applied for Retail Outlet over the land in question. After considering all the aspects of the matter, by order dated 1-11-2010 (Annexure - P/3) letter of intent was issued in favour of the petitioner. After receipt of the same, an agreement was executed between both the parties. Subsequently, the petitioner invested huge amount for establishment of retail out.3. According to the petitioner,...

Jaika Automobiles Private Ltd Vs. Durg Municipal Corporation

Court: Chhattisgarh

{Misc. (Second) Execution Appeal under Section 47 read with Section 100 C.P.C.} 1. This is the oldest miscellaneous second civil appeal filed on 15-1-1969, received on transfer from the High Court of Madhya Pradesh after reorganization of the State on the basis of certificate issued under Section 30 of the Madhya Pradesh Reorganisation Act, 2000 by Hon'ble the Chief Justice of the High Court of Madhya Pradesh at Jabalpur, dated 11-4-2011. After receiving Miscellaneous (Second) Appeal No.15/1969, it has been registered as M.A.No.57/2011. 2. By filing this miscellaneous (second) appeal under Section 47 read with Section 100 of the Code of Civil Procedure, 1908 (for short `the Code'), as applicable in the year 1969, the appellant has challenged legality and propriety of the order dated 20-9-1968 passed by the 1st Additional District Judge, Durg, in Miscellaneous Civil Appeal No.11/1965, affirming the order dated 30-4-1965 passed by the Civil Judge Class-I, Durg, in Execution Case No.19-A/...