Chhattisgarh Court January 2012 Judgments

Rukhmani Dewangan and Others Vs. Arvind Kumar Patel and Others

Court: Chhattisgarh

(Memo of appeal under Section 173 of Motor Vehicle Act) Rajeev Gupta, C.J. 1) This is claimants' appeal for enhancement of the compensation awarded by the Motor Accidents Claims Tribunal, Raipur (for short `the Tribunal') vide award dated 20.03.2007, passed in Claim Case No.60/2006. 2) As against the compensation of Rs.10,98,000/- claimed by the appellants/ claimants, unfortunate widow, children and mother of deceased Kishan Lal Sahu, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death on 27.03.2006 on account of the injuries sustained by him in the motor accident on 17.03.2006, the Tribunal awarded a total sum of Rs.2,82,000/- 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 Kishan Lal Sahu died on 27.03.2006 on account of the injuries sustained by him in the motor accident on 17.0...

Vishwajeet @ Krishna Bharadwaj Vs. State of Chhattisgarh

Court: Chhattisgarh

Reported in: 2012CrLJ2810

1. Present revision petition has been filed against the order dated 24.11.2011 passed by the Sessions Judge, Raipur in Criminal Appeal No. 167/2011 dismissing the appeal preferred by the applicant assailing the order dated 20.10.2011 passed by the Principal Magistrate, Juvenile Justice Board, Raipur in Criminal Case No. 129/2011. 2. Facts of the case in brief are that on 8.3.2011 the applicant is alleged to have committed the murder of one Mina, along with co-accused. Undisputedly, the applicant is minor aged about 13 years. The applicant filed an application before the Principal Magistrate/President, Juvenile Justice Board, Raipur under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the Act of 2000") for grant of bail which was rejected on the ground that the applicant is involved in commission of the offences under Sections 342 and 302/34 IPC and with the help of his colleague he practiced sorcery on Mina as a result of which she died. Lear...

Dadekar Yadu Vs. State of Madhya Pradesh Now State of Chhattisgarh

Court: Chhattisgarh

(Criminal Revision u/s 397 read with Section 401 of The Code of Criminal Procedure, 1973) (1) This revision is directed against the judgment dated 7.2.1997 passed in Criminal Appeal No. 38/1994 by the Additional Session Judge, Baloda Bazar, District Raipur, whereby the judgment and order dated 4th April, 1994 passed in Criminal Case No. 147/1983 by the Additional Chief Judicial Magistrate, Baloda Bazar convicting the applicant u/s 7 (i) read with Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 and sentencing him to S.I. for 6 months and to pay fine of Rs.1,000/- with default sentence of S.I. for 3 months, has been upheld and the appeal of the applicant has been dismissed. (2) The facts, briefly stated, are as under:- The applicant was a milk-vendor. On 18.12.1982 at about 9.00 a.m. a test purchase of the milk carried by him for sale was made by Food Inspector, S.C. Nema (PW-1). He completed the formalities and prepared Panchnama thereof. The sample of milk was d...

Dinesh Kumar Yadav Vs. State of Chhattisgarh

Court: Chhattisgarh

(Criminal Revision u/s 397 read with Section 401 of The Code of Criminal Procedure, 1973) (1) This revision is directed against the order dated 9.8.2011 passed in Session Trial No.40/2011 by the Session Judge Kabirdham, whereby charges u/s 304 Part-II IPC have been framed against the applicant. (2) The facts, briefly stated, are as under:- The applicant was a tractor driver. On the fateful day i.e. on 14.5.2011, he was engaged in driving tractor No. CG-10/D-1128 belonging to one Narayan Chandrakar. The tractor was fitted with a 4 wheeler-trolley. The applicant, on instructions of the owner, had taken the tractor-trolley for loading bricks. Deceased- Rameshwar Chandrakar and Durgesh Pandey loaded the bricks in the trolley. They closed the side dala of the trolley. Thereafter the applicant started the engine of the tractor. He was sitting on the driving seat. He asked the deceased to lift the locker-patti. On this the deceased stood on the angle of the tractor. He was trying to climb on ...

Bharat Vijay Singh Vs. State of Madhya Pradesh Now State of Chhattisga ...

Court: Chhattisgarh

(Appeal under Section 374 (2) of The Code of Criminal Procedure, 1973) Sunil Kumar Sinha, J. (1) This appeal is directed against the judgment dated 29th May, 1993 passed in Session Trial No. 126/92 by the Additional Session Judge, Khairagarh, Session's Division Rajnandgaon. By the impugned judgment, the appellant has been convicted u/ss 450 and 307 IPC and sentenced to undergo R.I. for 3 years and R.I. for 5 years respectively. The sentences shall run consecutively. (2) The facts, briefly stated, are as under:- On 15.7.1992, at about 10.00 p.m., injured Krishna Bai (PW-10) was sleeping in the inner verandah of her house. Her 6 year's son- Dinbandhu (PW-3) was also sleeping with her. The allegations are that the appellant entered into the house and gave multiple knife blows to Krishna Bai (PW-10). Krishna Bai, in injured condition, ran towards her badi, fell down and became unconscious. Hearing the cries of Krishna Bai (PW-10), Remun Bai and Dular Singh (PW-5) came there. Jaikaran (PW-4...

Bhikham Ram Khandey Vs. State of Madhya Pradesh Now State of Chhattisg ...

Court: Chhattisgarh

(Criminal Revision u/s 397 read with Section 401 of The Code of Criminal Procedure, 1973) (1) This revision is directed against the judgment dated 11th of September, 1998 passed in Criminal Appeal No. 2/98 by the Sixth Additional Session Judge, Bilaspur. By the impugned judgment, the appeal filed by the applicant against the judgment and order dated 27th of December, 1997 passed in Criminal Case No. 113/95, whereby the applicant was convicted u/s 420 IPC and sentenced to undergo R.I. for 2 years and to pay fine of Rs.1,000/-, has been dismissed. (2) The facts, briefly stated, are as under:- Bhakla Ram (PW-9) is cousin of Ram Kumar (PW-1). Both were unemployed. The applicant was working as Assistant Teacher in Middle School Takhatpur. In the month of July, 1987, the applicant met Ram Kumar (PW- 1) and Bhakla Ram (PW-9) and demanded Rs.15,000/- from  each for managing jobs for them. In fact, he cheated them and realized Rs.12,500/- each from Ram Kumar (PW- 1) and Bhakla Ram (PW-9). ...

Damodar Prasad Vs. State of Chhattisgarh and Another

Court: Chhattisgarh

(WRIT APEAL UNDER RULE 2(2) OF THE CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCH) RULES 2006) SATISH K. AGNIHOTRI, J 1. The instant intra court appeal arises from the order dated 21.09.2010 passed by the learned Single Bench in W.P. No. 546/2003 (Zila Sahakari Kendriya Bank Maryadit, Bilaspur v. State of Chhattisgarh and Others) whereunder, the writ petition filed by the respondent No. 4/Bank (for short `the Bank') was allowed and the impugned order dated 22.11.2002 passed by the Joint Registrar (for short `the JR') to the extent of grant of back wages, was set aside. 2. The facts, in brief, are that the appellant (hereinafter referred to as `the employee') while working as Samiti Sewak in the Bank was terminated vide order dated 11.01.1993 on the ground of misappropriation of funds to the tune of Rs. 67,254.67. The dispute in respect of the termination order was referred to the Deputy Registrar (for short `the DR') by the employee under the provisions of section 55(2) of the M.P./...

Sheikh Sultan and Others Vs. Mrs. Preeti Dawada and Others

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

S.C. Vyas, President: 1. This order will govern disposal of appeal Nos.406/2011, 407/2011 and 408/2011, which have been preferred by the same OP Nos.1 and 2 / appellants, against different complainants / respondent No.1 and the same OP No.2 / respondent No.2 of complaint case Nos.38/2007, 39/2007 and 40/2007 respectively, which have been decided by District Consumer Disputes Redressal Forum, Raipur (hereinafter called .District Forum. for short), vide similar order dated 20.06.2011. 2. Mrs. Preeti Dawda was complainant of complaint case Nos.40/2007 and 38/2007, whereas one Mr. Rajesh Sanghani was complainant of complaint case No.39/07. The case of complainants of all the complaint cases before District Forum was that plot No.867/2 is situated at Baijnath Para, Raipur and an agreement was executed between the appellants as well as respondent No.2 on 15.06.1991 for construction and development that particular plot and then construction of apartment house was carried out on that plot and ...

Dashmat Bai and Others Vs. the New India Insurance Company Limited and ...

Court: Chhattisgarh

(Appeal under Section 173 of Motor Vehicle Act) Rajeev Gupta, C.J. 1) This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accidents Claims Tribunal, Sarangarh, District Raigarh (for short ‘the Tribunal') vide award dated 23.04.2009, passed in Claim Case No.11/2008. 2) As against the compensation of Rs.27,05,000/- claimed by the appellants/ claimants, unfortunate widow and children of deceased Manohar Lal Chauhan, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 11.04.2008, the Tribunal awarded a total sum of Rs.4,14,000/- as compensation along with interest @ 5% 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 Manohar Lal Chauhan died on account of the injuries sustained by him in the motor accident on 11.04.2008; the accident occurred due to rash ...

Lakha Bai and Others Vs. Sitaram Daseriya and Another

Court: Chhattisgarh

(Appeal under Section 173 of Motor Vehicle 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 15.10.2009, passed in Claim Case No.82/2009. 2) As against the compensation of Rs.17,50,000/- claimed by the appellants/ claimants, unfortunate widow, minor children and parents of deceased Mahesh Kumar Tandan, by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 18.10.2008, the Tribunal awarded a total sum of Rs.1,06,000/- 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 Mahesh Kumar Tandan died on account of the injuries sustained by him in the motor accident on 18.10.2008; the accident occurred due to the negligence of the moto...