Chhattisgarh Court January 2012 Judgments

Manharan Lal Tiwari Vs. State of Chhattisgarh and Others

Court: Chhattisgarh

(Writ Petition under Article 226 of the Constitution of India) 1. By this petition, the petitioner prays for quashment of FIR (Annexure P-1) as well as the sanction order dated 26.12.2011 (Annexure P-2). 2. Learned counsel appearing for the petitioner submits that the petitioner is working as Accountant in the Department of School Education and posted at Block Education Office Patan, Durg. On 19.11.2010, the petitioner gave an amount of Rs.20,000/- to the respondent No.5 towards loan, for which the respondent No.5 executed an agreement (Annexure P-3) and assured that the same will be repaid after getting the retiral dues. The respondent No.5 retired on 30.11.2010 and received the retiral dues on 22.12.2010 in the form of account payee cheque. Thereafter, the petitioner asked the respondent No.5 to repay the loan amount. Instead of repaying the loan amount, the respondent No.5 lodged a false complaint stating that the petitioner has demanded money for releasing the retiral dues. The res...

Manoj Modi and Another Vs. State of Chhattisgarh and Others

Court: Chhattisgarh

(WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA) 1. Since common facts and question of law are involved in these petitions, thus, they are being disposed of by this common order. 2. By these petitions, the petitioners seek a direction to the respondents to make payment of compensation to the petitioners in lieu of acquisition of their respective land and to pay the interest on the amount of compensation at the rate of 15% as per section 34 of the Land Acquisition Act, 1894 (for short `the Act, 1894'). 3. The facts, in brief, as projected by the respective petitioners, are that the petitioners' land being survey number 369/3, 368, area 0.03 and 0.07 acre {in W.P.(C) No. 848/2011 (for short `the first petition')} and 369/2 area 0.03 acre, {in W.P.(C) No. 1034/2011 (for short `the second petition')} situated in village Jagdalla, District Janjgir-Champa were acquired by the State Government without initiating any process lawfully for the construction of Champa-Jagdalla, K...

Chanda Goswami 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 Assistant Teacher at Primary School, Lingiyadih, Block Bilha, has been transferred to Primary School, Buchipara, Block Mungeli. 2. Shri Rao, learned counsel appearing for the petitioner submits that the information regarding issuance of the impugned transfer order dated 15.07.2011 (Annexure P/1) came to the knowledge of the petitioner only on 18.01.2012, whereas, on 17.06.2011 (Annexure P/3), the petitioner was engaged as Booth Level Officer and was ordered to collect the mobile numbers of the voters by the Tahsildar and Assistant Election Registration Officer, Bilaspur. As per the policy of the State Government dated 22.06.2010 (Annexure P/4), the employees engaged in election work cannot be transferred. The petitioner is still continuing with the work of election and thus, the impugned transfer order is bad in ...

The Oriental Insurance Co Ltd Vs. Bedi Bai and Others

Court: Chhattisgarh

Oral Order (APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988) Dr. I. M. Quddusi, J. 1. This appeal has been filed by the appellant-Oriental Insurance Company against the impugned award dated 18-11-2009 passed by the Ninth Additional Motor Accident Claims Tribunal (F.T.C.), Raipur (for short `the Claims Tribunal') in Claim Case No.111/2007, in so far as it relates to the direction to the appellant/Insurance Company to pay compensation to the claimants and later on to recover the same from the owner of the offending vehicle, though the appellant/Insurance Company has been exonerated from its liability to pay compensation to the claimants. 2. Brief facts of the case, as per version of the claimants are that on 25-03-2007, deceased Mohan Tandi was sitting in the Auto bearing registration No. C.G.04-ZA/0453. Near Modpar Police Station in Dongargarh, the said Auto turned turtle, as a result of which Mohan Tandi sustained grievous injuries and died on the spot. The report of the incid...

MangtIn and Others Vs. Rahibai and Others

Court: Chhattisgarh

(SECOND APPEAL UNDER SECTION 100 OF THE CPC) 1. By this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short `CPC'), the appellants have challenged legality and propriety of the judgment and decree dated 5.11.93 passed by the First Additional District Judge to the Court of the District Judge, Raipur, in Civil Appeal No.76-A/91, reversing the judgment and decree of dismissal of the civil suit dated 5.12.84 passed by the Third Civil Judge Class-II, Raipur, in Civil Suit No.468A/84. 2. Present second appeal was admitted for consideration on 1.7.94 on the following substantial question of law:- "Whether the transaction entered into between the parties, Ex.P-1 is a mortgage or a sale outright?" 3. As per claim of respondent No.1 Rahi Bai, Rahi Bai has purchased the suit property bearing khasra No.720 area 1.38 hectare situated at village Tulsi P.H.No.111, district Raipur vide registered sale deed dated 15.4.1976 on payment of consideration of Rs.3000/- and obtaine...

Payal Travels Vs. State Transport Appellate Tribunal and Others

Court: Chhattisgarh

(WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA) 1. Challenge in this petition is to the order dated 20.06.2011 passed in Revision No. 98/2011 by the respondent No. 1, whereby the revision preferred by the petitioner against the order dated 08.04.2011 passed by respondent No. 2, has been dismissed. 2. The facts, in brief, as projected by the petitioner is that petitioner is holding two permanent stage carriage permits for the route Durg to Konta and return, single trip daily. The respondent No. 3 applied for grant of temporary permit on the route Jagdalpur to Kalimela. The respondent No. 2, on the application of the respondent No. 3, granted temporary permit from 01.05.2011 to 31.07.2011. Being aggrieved, the petitioner preferred a revision before the respondent No.1, challenging the order dated 08.04.2011 passed by the respondent No. 2, which was dismissed vide order dated 20.06.2011. Thus, this petition. 3. At the very outset, Shri Sao, learned Government Advocate and S...

Sasankan Vs. State of Chhattisgarh and Others

Court: Chhattisgarh

(Writ Petition under Articles 226 of the Constitution of India) 1. Heard learned counsel for the parties. 2. By this petition, the petitioner seeks a direction to the respondents No.2 and 3 to register FIR under Section 306 read with Section 34 of the Indian Penal Code against the subject teacher of Hindi and Principal of MGM Higher Secondary School. The petitioner also seeks a direction for grant of compensation amounting to Rs.5,00,000/- for causing mental torture and harassment to his deceased daughter. 3. The facts, in brief, as projected by the petitioner, are that the petitioner is having two children who were studying in MGM Higher Secondary School, Sector VI, Bhilai Nagar, Durg. On account of unsatisfactory hand writing of the daughter of the petitioner namely; Summi (since deceased), the Hindi Teacher namely; Ms. Eliza Beth had beaten and insulted her before the students of class X. Copy of the answer sheet was not provided to the deceased. On the said incident, the parents i....

Sheela Wakanker and Others Vs. Meena Kumari Sharma and Another

Court: Chhattisgarh

Reported in: 2012AIR(NOC)219

ORAL JUDGMENT: (19.01.2012) SECOND APPEAL UNDER SECTION 100 OF THE CIVIL PROCEDURE CODE, 1908 1. Heard on admission. 2. This is defendant's second appeal under Section100 of CPC against the judgment and decree dated19.07.2011 passed by the 2nd Additional District Judge, Durg in Civil AppealNo.8-A/2000 whereby the plaintiffs' first appeal was decreed. 3. Brief facts of the case are as under: "The plaintiffs/respondents, on 6.5.1986, entered into an agreement of sale with late Anand Vishnu Wakankar, husband ofappellantNo.1andfatherof remaining appellants, for purchase of the suit land bearing Kh.No.319/1 area 2400 sq.ft. situated at Sikolabhata, Durg for a sale consideration of Rs.7,200/-.Out of total sale consideration, they paid Rs.3,100/-.LateAnandVishnu Wakankar assured the plaintiffs that the above suit land would so on be registered after getting permission from competent authority and on this assurance, the respondents/plaintiffs paid the total amount. However, late Anand Vishnu W...

Smt. Ketki Bai Vs. Smt. Leelawati Bai

Court: Chhattisgarh

Reported in: 2012AIR(NOC)234

ORAL ORDER: (19.01.2012) CIVIL REVISION U/S 115 OF THE CODE OF CIVIL PROCEDURE 1. The instant revision filed under Section 388 (3) of Indian Succession Act, 1925 (for short `the Act') read with Section 115 of the Code of Civil Procedure (henceforth `the CPC') is directed against the order dated 25.08.2001 passed by the Additional District Judge, Baikunthpur in civil appeal No. 44/1999. 2. Facts in brief are as under: "The applicant, claiming herself to be wife of late Nankuram, an employee of Katkona Colliery, who died on 25.02.1998, filed an application under Section 372 of the Act for grant of succession certificate in her favour with respect to the retiral dues of deceased Nankuram, lying deposited with the Katkona Colliery, S.E.C.L. The said application was object by one Smt. Leelawati inter alia on the ground that she is the legally wedded wife of deceased Nankuram and not the appellant. The trial Court, after hearing the parties, granted succession certificate in favour of the ap...

Smt Jageshwari Sahu and Others Vs. Bhakoli Das Manikpuri 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 Motor Accident Claims Tribunal, Dhamtari (for short `the Tribunal') vide award dated 01.12.2010, passed in Claim Case No.126/2010. 2) As against the compensation of Rs.12,10,000/-, claimed by the appellants/claimants, unfortunate widow, minor daughter and parents of deceased Jhammanlal Sahu by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 14.05.2010, the Tribunal awarded a total sum of Rs.2,92,000/- as compensation to the claimants 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 Jhammanlal Sahu died on account of the injuries sustained by him in the motor accident on 14.05.2010; the accident occurred due to rash and neg...