Chhattisgarh Court February 2012 Judgments
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Tintus Tigga Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Feb-15-2012
(Writ Petition U/A 226/227 of the Constitution Of India) 1. Challenge in this petition is to the order dated 23.01.2012 (Annexure P/1) passed by the respondent No. 2/Collector, Ambikapur, whereby the application of the petitioner filed against the no confidence motion under section 21(4) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, was dismissed. 2. The facts, in brief, as projected by the petitioner is that the petitioner was elected as Sarpanch of Gram Panchayat, Changori, Janpad Panchayat, Lundra, District Surguja. The respondent No. 5 alongwith other panchas, gave an intimation to the Sub Divisional Officer, Ambikapur, under sub-rule (1) of Rule (3) of the Chhattisgarh Panchayat (Gram Panchayat Ke Sarpanch Tatha Up-Sarpanch, Janpad Panchayat Tatha Zila Panchayat Ke President Tatha Vice President Ke Virudh Avishwas Prastav) Niyam, 1994 (for short ‘the Rules, 1994') for no-confidence motion against the petitioner, the Sarpanch of the Gram Panchayat, on the allegation of f...
Motimbai and Another Vs. State of C G and Others
Court: Chhattisgarh
Decided on: Feb-15-2012
(Writ Petition under Article 226/227 of the Constitution of India) 1. By this petition, the petitioners seek a compensation to the tune of Rs.5,00,000/- on account of death of husband of the petitioner No.1 and father of the petitioner No.2, who is alleged to have died while he was in custody of respondents No.5 and 6. The petitioners further seek a direction for taking suitable action against the respondents No.5 and 6. 2. The facts, in brief, as projected by the petitioners, are that the husband of the petitioner No.1 was taken by the respondent No.6 forcibly from Balco to District Janjgir-Champa on 11.09.1999 and during the course of transit while the deceased namely Chhotelal Soni was in custody, he was beaten brutally, which led to his death on the same date. Earlier, a writ petition being W.P.No.1002 of 2000 was filed before the High Court of Madhya Pradesh at Jabalpur, which was disposed of vide order dated 09.02.2000 (Annexure P-7), on the ground that the petitioners had alread...
G S Dewangan Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Feb-15-2012
(Appeal under Section 2(1) of the Chhattisgarh High Court (Appeal To Division Bench) ACT, 2006) SATISH K. AGNIHOTRI, J 1. The instant intra court appeal arises from the order dated 30.12.2012 passed by the learned Single Bench in W.P.(S) No. 102/2012 (G.S.Dewangan v. State of Chhattisgarh and Others) whereunder, the writ petition filed by the appellant was dismissed. 2. The facts, in brief, as projected by the appellant are that the appellant, working as Executive Engineer in the Department of Panchayat and Rural Development, was caught red handed accepting illegal gratification of Rs. 10,000/- by the Anti Corruption Bureau, Raipur. Thereafter, he was arrested and placed under detention. Accordingly, the petitioner was placed under suspension vide order dated 09.09.2010 under the provisions of Rule 9(2) of the C.G. Civil Services (Classification Control and Appeal) Rules, 1966 (for short `the Rules, 1966'). The said suspension was revoked on 25.10.2011 on the ground that conclusion of ...
Commissioner Income Tax Bilaspur Vs. Abdul Aziz
Court: Chhattisgarh
Decided on: Feb-14-2012
(APPEAL UNDER SECTION 260A OF THE INCOME TAX ACT, 1961) 1. The instant appeal filed under Section 260-A of the Income Tax Act, 1963 (for short "I.T. Act") arises from the order dated 06.10.2003, passed by the Income Tax Appellate Tribunal (for short "I.T.A.T.") in I.T.A. No.419/JAB/90 (Assessment Year 1990-91). The appeal was admitted on 26.07.2011, the following question of law : "(i) Whether on the facts and in the circumstances of the case, learned Income Tax Appellate Tribunal was justified in holding that the original as well as set aside assessment order became invalid as per their earlier order dated 15.10.1999? (ii) Whether on the facts and in the circumstances of the case, learned Income Tax Appellate Tribunal was justified in upholding CIT(A)'s order whereby the CIT(A) deleted the additions of Rs. 4,93,500/- made u/s. 68 in the Assessment Year 1990-91, when the creditors have no creditworthiness to advance the loans". 2. The brief facts, as projected by the appellant, are tha...
Prakash Industries Limited Champa Vs. Union of India and Others
Court: Chhattisgarh
Decided on: Feb-13-2012
(WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA) 1. Challenge in this petition is to the order dated 09.11.2011 (Annexure P/1) whereby the Coal Supply Agreement (FSAs) dated 31.07.2008 and further transactions between the South Eastern Coalfields Ltd / respondent No. 2 and 3 (for short `the SECL), and the petitioner company has been kept in abeyance till further advice with immediate effect. Further, the petitioner seeks a direction to the SECL to resume coal supply to the petitioner and continue with further transactions with the petitioner. 2. The facts, in brief, as projected by the petitioner are that the petitioner is a company registered under the provisions of the Companies Act, 1956 carrying on business of manufacture of sponge iron. The petitioner has also set up a captive power plant (for short `the CPP') for use in the sponge iron plant. The petitioner, in order to expand its business, is taking continuous steps for expansion of its power generation units and f...
Mangri Bai and Others Vs. Dhani and Others
Court: Chhattisgarh
Decided on: Feb-13-2012
(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 the legality and propriety of the judgment and decree dated 16.2.1995 passed by the Additional District Judge, Jashpurnagar, in Civil Appeal No.10-A/98, reversing the judgment and decree dated 17.1.1990 passed by the Civil Judge Class-II, Jashpurnagar, in Civil Suit No.155A/87, whereby the Civil Judge Class-II has dismissed the suit filed on behalf of the respondents/plaintiffs against defendant Nawas i.e. predecessor-in-title of the present appellants for declaration and possession of the suit property. 2. The present second appeal has been admitted for consideration on 18.4.95 on the following substantial question of law:- "Was the lower Court incorrect in not holding that Jamabandi and Khasra and other revenue documents filed by the defendant, had presumption of correctness about them, which presumption has not...
Lachharam Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Feb-09-2012
(WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA) 1. By this petition, the petitioner seeks a direction to the respondent authorities to send the reference application of the petitioner dated 05.09.2003 (Annexure P/2) alongwith relevant records before the competent Court for adjudication in accordance with law. 2. The facts, in brief, as projected by the petitioner are that 0.23 acre of the land situated in Patwari Halka No. 13, village Tushar, Tahsil Jaijaipur, District Janjgir-Champa was acquired by the State Government for construction of sub-distribution canal, Kachhanda. Thereafter, by award dated 13.06.2003 passed by the Land Acquisition Officer, which was approved by the Collector, compensation was paid on 13.06.2003 (Annexure P/1). Being dissatisfied with the amount of compensation, the petitioner made a reference application on 05.09.2003 (Annexure P/2). Thereafter, the petitioner made several representations to the respondent authorities but no action was taken, ...
Ratko Besahu Ram and Another Vs. Bhajan Ram and Others
Court: Chhattisgarh
Decided on: Feb-08-2012
RAJEEV GUPTA C.J. 1. This is claimants appeal for enhancement of the compensation awarded by the Fourth Additional Motor Accident Claims Tribunal Ambikapur district Surguja (for short the Tribunal) vide award dated 8-11-2010 passed in Claims Case No.41/2010 (Old No.91/2009). 2. As against the compensation of Rs.7,65,000/- claimed by the appellants/claimants, unfortunate widow and minor children of deceased Basahu Ram Gond by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 30-4-2009, the Tribunal awarded a total sum of Rs.1,93,000/- as compensation along with interest @ 9% 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 Besahu Ram Gond died on account of the injuries sustained by him in the motor accident on 30-4-2009 the accident occurred due to rash and negligent driving of the driver of the off...
Uma Shankar Shukla and Others Vs. Smt Lalita Bai
Court: Chhattisgarh
Decided on: Feb-08-2012
(APPEAL UNDER SECTION 96 OF THE CIVIL PROCEDURE CODE) 1. The instant defendant's first appeal filed under Section 96 of the C.P.C. is directed against the judgment and decree dated 29th June, 2002 passed by the District Judge, Raipur in Civil Suit No.72-A/99. 2. Brief facts of the case are as under: i) Plaintiff filed a suit against the appellants for possession of the suit house No. 8/183, Chhotapara, Raipur, described in the plaint map, inter alia, claiming its title and legal possession on the basis of sale deed executed by her father - Sheoshankar Shukla dated 25.08.1977 and judgment of High Court in First Appeal No. 24/1982 dated 31.08.1988. According to plaintiff, appellants herein are in permissive possession of the suit house. She terminated the appellant's licence vide notice dated 29.11.1988, even thereafter, appellants have not handed over the vacant possession of the suit house, and therefore, the suit has been filed. (ii) The appellants, by filing written statement, denied...
Tirath Prasad Yadav Vs. State of Chhattisgarh Through the Secretary Fo ...
Court: Chhattisgarh
Decided on: Feb-06-2012
(Writ Petition under Article 227 of the Constitution of India) 1. By this writ petition under Article 227 of the Constitution of India the petitioner has challenged legality and propriety of the order dated 24.11.2006 passed by the 6th Additional Sessions Judge, Bilaspur, in Criminal Revision No.171/05, affirming the order dated 16.6.2006 passed by the appellate authority and Conservator of Forest, Bilaspur in Appeal Case No.28/2005-06 under Section 15-A of the C.G. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 (for short `the Adhiniyam, 1969') read with Section 52 of the Indian Forest Act, 1927 (for short `the Act, 1927'), applicable to the State of Chhattisgarh amended vide Act 25 of 1983 w.e.f. 1.1.1983, affirming the order dated 20.3.2006 passed by the authorized authority and Sub Divisional Officer (Forest), Kota in Forest Crime No.299/18 dated 29.10.2005, whereby Tata Pick-up 207 bearing registration number M.P.18-H 3868 has been confiscated. 2. I have heard learned counsel f...
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