Chhattisgarh Court January 2012 Judgments

Smt Khileshwari and Others Vs. Bhakoli Das Manikpuri and Others

Court: Chhattisgarh

(Memo of appeal under Section 173 of Motor Vehicle Act) Rajeev Gupta, C.J. 1) The unfortunate parents and younger brother of deceased Sidheshwar Sahu, aged about 18 years are the appellants before us in this appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Dhamtari (for short `the Tribunal') vide award dated 01.12.2010, passed in Claim Case No.127/2010. 2) As against the compensation of Rs.12,10,000/- claimed by the appellants/ claimants, unfortunate parents and younger brother of deceased Sidheshwar 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.1,22,000/- 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 Sidheshwar Sahu died on account of the injuries sus...

Moharlal Sahu and Another Vs. State of Chhattisgarh and Others

Court: Chhattisgarh

(Writ Petition under Article 226 of the Constitution of India) 1. By this writ petition under Article 226 of the Constitution of India the petitioners have challenged the legality and propriety of the order dated 24.10.2008 passed by the Board of Revenue in Review Case No. RW/11/R- A-23/65/2007, whereby the Board of Revenue while reviewing its own order dated 23.8.2007 passed in Revision Case No.R.N./11/R-A-23/986/2006 has reversed the order passed by the Additional Collector, Manendragarh in Revenue Case No.5/A-23/2005-06 under Section 50 of the Chhattisgarh Land Revenue Code, 1959 (for short `the Code') remanding the case to Sub Divisional Officer, Manendragarh and has restored the order passed by the Sub Divisional Officer, Manendragarh dated 25.3.2006, whereby the Sub Divisional Officer, Manendragarh has directed for return of possession of the land to Sumaru Singh and legal representatives of Vishwanath and Hiralal, who have mortgaged the land to co-operative society. 2. As per un...

Royal Sundaram Alliance General Insurance Company Limited Vs. Registra ...

Court: Chhattisgarh

(WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA) 1. By this petition, the petitioner seeks for the following reliefs: "(10.1) A writ of certiorari to direct the respondents to stop such an exercise in a judicial office. (10.2) A writ and/or an order or a direction as a structure that such an exercise should be followed in its proper prospective valuing the authenticity of the case laws produced. (10.3) Any other reliefs, which Hon'ble Court may deem fit in the facts and circumstances of the case. (10.4) Cost of the petition may also be awarded." 2. The facts, in brief, as projected by the petitioner are that an application under section 166 of the Motor Vehicles Act, 1988 (for short `the Act, 1988') was filed and replies from the respondents were followed after being duly served. The learned Tribunal followed the procedures and evidences were led. Thereafter, the matter was fixed for final hearing wherein the petitioner presented the citations which were refused to be tak...

The Oriental Insurance Company Limited, Through Senior Divisional Mana ...

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

S. C. VYAS, PRESIDENT 1. This appeal is preferred by the Insurer against order dated 27.07.2011, passed by District Consumer Disputes Redressal Forum, Surguja.Ambikapur (hereinafter called .District Forum. for short) in complaint case No.08/2011, directing the Insurer to pay Rs.1,88,714/- to the complainant/Insured within a period of one month otherwise the amount would be payable with interest @ 6% p.a. Apart from it the Insurer has further been directed to pay Rs.3,000/- as compensation for mentally agony and Rs.1,000/- as cost of litigation. 2. Indisputably, a bolero vehicle, of which the respondent was registered owner, having registration No.CG-15 B-4723 was insured by the appellant insurance company for the period between 29.06.2009 to 28.06.2010 and the said vehicle suffered road accident on 01.01.2010, while it was coming from Korba to Morga. In the said accident there were excessive damages, to the insured vehicle. Then intimation was given to the Insurance Company. Surveyor ...

C.G. State Power Distribution Co. Ltd., Through Managing Director and ...

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

ORDER (ORAL) S.C. VYAS, PRESIDENT 1.This appeal is directed against, order dated 02.07.20011 of District Consumer Disputes Redressal Forum, Durg (C.G.) (hereinafter called .District Forum. for short) in Complaint Case No.63/2011, whereby the appellants herein, have been directed to refund Rs.47,928/- to the respondent/complainant, which was collected by them under a bill issued to respondent/complainant. Appellants have further been directed to pay compensation for mental agony and interest on the aforesaid amount w.e.f. date of filing of the complaint as well as cost of litigation. The bill issued by the Electricity Supply Company has also been directed to be reissued with certain calculations and adjustment of the amount. 2. Undisputedly, the respondent/complainant was having an electricity supply connection provided by the appellants/Electricity Supply Company at her residence Thakur Colony, Mohan Nagar, Durg (C.G.) Her case was that she was paying electricity bill regularly, but th...

Dinesh Kumar Vs. State of Madhya Pradesh

Court: Chhattisgarh

Reported in: 2012CrLJ2867

1. This appeal has been preferred against the judgment and order dated 16.4.1996 passed by Additional Sessions Judge, Durg, in Sessions trial No. 46/1994 holding the accused/appellant guilty under Section 376/34 IPC and sentencing him to undergo rigorous imprisonment for seven years. 2. Case of the prosecution in short is that on 18.10.1993 at about 8.30 p.m. FIR Ex. P-1 was lodged by the prosecutrix (PW-1) aged about 21 years alleging that on that day at about 4 p.m. when she was preparing bundles of crop in the field, co-accused Ramesh came there carrying axe in his hand and asked for sexual favour. Immediately thereafter, accused/appellant herein also came there and was asked by co- accused to catch hold of the prosecutrix. Co-accused then put the axe on her neck, felled her down, sat over her, by one hand he pressed her mouth and by the other held her breasts. Present appellant is said to have caught hold of both her hands and then the co-accused after removing his clothes and uptu...

Mahesh Kumar Sharma 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 15.12.2011 (Annexure P-1), whereby, deputation of the petitioner to the office of the Chief Information Commissioner, has been withdrawn and the Secretary, Chhattisgarh State Information Commission, has repatriated back the services of the petitioner to the parent department i.e. Water Resources Department. 2. Shri Shrivastava, learned counsel appearing for the petitioner submits that the services of the petitioner was taken on deputation from the Water Resources Department to the General Administration Department by order dated 25.07.2009. Thereafter, on 02.02.2010, he was sent on deputation to the Chhattisgarh State Information Commission. 3. Shri Shrivastava, further submits that the impugned order suffers from infirmity on three counts; firstly, it was not passed by the competent officer, secondly, the well settled guidelines of repatriation without information to the ...

Union of India Vs. Chhattisgarh Beverages Pvt Ltd

Court: Chhattisgarh

(Appeal under Section 35-G of the Central Excise Act, 1944) SATISH K. AGNIHOTRI, J. 1. Heard learned counsel for the parties. 2. The present appeal filed under section 35-G of the Central Excise Act, 1944 (for short "the Act, 1944") arises from the order passed in Case No. E/4117/04-NB/SM passed by the Principal Bench, Customs, Excise and Service Tax Appellate Tribunal (for short `the CESTAT') New Delhi, on 20.07.2005 (Annexure A/1) whereby the appeal filed by the respondent/assessee was allowed. 3. The appeal was admitted on the following substantial question of law : "Whether the Tribunal was correct in setting aside the order of Commissioner (Appeals) and allowing the appeal of the respondent with consequential relief on the issue to the effect that the respondent was eligible for taking modvat credit on the glasses of bottles on its findings that value of the same was included in the assesseable value of aerated water during the material period without ascertaining the fact in this...

Prakash Chandra Rai Vs. Branch Manager, the Oriental Insurance Company ...

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

S.C. VYAS, PRESIDENT 1. This appeal is directed against order dated 26.07.2011, passed by District Consumer Disputes Redressal Forum, Surguja. Ambikapur (hereinafter called .District Forum. for short) in complaint case No.172/2009, whereby the complaint of the appellant herein has been dismissed on the ground that the allegation of deficiency in service on the part of the insurer, has not been proved. 2. In nutshell the facts of the case are that the vehicle bearing No.CG-15A-8190, of the registered ownership of the appellant, was insured by the respondent / insurance company under comprehensive insurance policy as a goods carrying commercial transport vehicle. The said vehicle suffered damages in a road accident on 01.06.08. Claim was preferred by the appellant before the insurance company, which was repudiated by the insurance company on the ground that the driver of the vehicle was not having valid and effective driving licence. This repudiation of claim was alleged as deficiency in...

DevtIn and Others Vs. Balveer Singh 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, Rajnandgaon (for short `the Tribunal') vide award dated 31.03.2009, passed in Claim Case No.88/2008. 2) As against the compensation of Rs.25,00,000/-, claimed by the appellants/claimants, unfortunate widow and children of deceased Basant Rajak by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 26.11.2006, the Tribunal awarded a total sum of Rs.1,95,808/- as compensation to the claimant 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 Basant Rajak died on account of the injuries sustained by him in the motor accident on 26.11.2006; the accident occurred due to rash and negligent dr...