Chhattisgarh Court January 2014 Judgments
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Vyas Narayan Agrawal Vs. Jagdish Gupta Alias Raju Gupta
Court: Chhattisgarh
Decided on: Jan-31-2014
Oral Order: (1) The instant petition has been filed by the petitioner against the judgment dated 30.9.2000 passed by Judicial Magistrate First Class, Baloda Bazaar, Raipur, (hereinafter referred to as œthe trial Court?), in Criminal Case No.364/1996. (2) By impugned judgement, the trial Court had rejected the complaint filed by the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as œthe NI Act?) holding that the Court at Baloda Bazaar does not have the territorial jurisdiction to entertain the present dispute as raised by the complainant as according to the trial Court the cause of action that arose in the instant case was outside the territorial jurisdiction of the Court at Baloda Bazaar. (3) Brief facts leading to the instant case are that the respondent Jagdish Gupta is a resident of Takhatpur and the complainant is a resident of Bhatapara. The respondent had some commercial transactions of purchase of agricultural products f...
Ram Bai Vs. United India Insurance Company Limited
Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
Decided on: Jan-29-2014
R.S. Sharma, President: 1. This appeal is directed against order dated 15.05.2013, passed by District Consumer Disputes Redressal Forum, Durg (C.G.) (henceforth "District Forum") in Complaint Case No.CC/12/311, whereby the complaint filed by the complainant/appellant, has been dismissed. 2. Briefly stated, the facts of the case of the complainant/appellant before the District Forum are : that the complainant/appellant is registered owner of vehicle Tata Sumo bearing registration No.C.G.07-M-2645 and vehicle was insured with the O.P./respondent/Insurance Company, for the period from 12.06.2010 to 11.06.2011. The above vehicle met with an accident during the substance of the insurance. The matter was reported to the O.P./respondent/Insurance Company along with documents on 07.10.2011. The complainant / appellant got repaired the vehicle and she incurred near about Rs.1,60,857/- as repairing charges, but the O.P./respondent/Insurance Company only paid the complainant/appellant a sum of Rs...
Janki Back Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jan-29-2014
T.P. Sharma, J. 1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 23-3-2010 passed by the 3rd Additional Sessions Judge, Fast Track Court, Ambikapur in Sessions Trial No.251/2009, whereby and whereunder learned Additional Sessions Judge after holding the appellant guilty for committing unnatural offence with a 5 years' aged child namely Neeraj, homicidal death amounting to murder of Neeraj and concealing the evidence of criminal case, convicted the appellant under Sections 302, 377 and 201 of the IPC and sentenced him to undergo imprisonment of life and pay fine of Rs.5,000/-, in default of payment of fine to further undergo RI for one year; imprisonment of life and pay fine of Rs.5,000/-, in default of payment of fine to further undergo RI for one year; and RI for seven years and pay fine of Rs.2,000/-, in default of payment of fine to further undergo RI for six months, respectively. 2. Conviction is impugned on the ground that without any iota o...
Brij Bhushan Verma Vs. South Eastern Coalfields Ltd. Acting Through Ch ...
Court: Chhattisgarh
Decided on: Jan-28-2014
Sunil Kumar Sinha, J. (1) The appellants concern was awarded a civil contract for widening and strengthening of Gevra-Katghora Road. An agreement was executed and work order was issued on 11/16-3- 1998. The date of commencement of work was 26-3-1998 and period of completion was 6 months, i.e. upto 25-9-1998, from the date of commencement. The time granted for completion was extended, however the work could not be completed and ultimately the contract was terminated on 6-5-1999. According to the appellant/plaintiff, he sustained various losses which were on account of breach of contract by the defendant/respondent. Thereafter, many correspondence took place. According to the appellant, discussions were held on 30-5-2000 with SO(C), Gevra, in which it was suggested that it was not feasible to settle the dispute through discussion and the later will take action for appointment of Arbitrator by the C.M.D., S.E.C.L.. A communication dated 25-5- 2000 agreeing for settlement of dispute throug...
Purshottam Vs. the Oriental Insurance Company Limited
Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
Decided on: Jan-25-2014
Oral (Order) 1. This appeal is directed against the order dated 15.02.2013, passed by District Consumer Disputes Redressal Forum, Janjgir (C.G.) (henceforth œDistrict Forum") in Complaint Case No.10/2011, whereby the complaint of the appellant/ complainant, has been dismissed 2. Briefly stated, the facts of the complaint case filed by the appellant/complainant before the District Forum are : that the appellant/complainant, is registered owner of the tractor bearing registration No. C.G.11-D-1244. The said vehicle was insured with respondent/O.P. under Policy No.192490/47/20/10755 for the period from 17.03.2010 to 16.03.2011. On 02.01.2011, the said tractor bearing registration No.C.G.11-D-1244 caught fire and badly damaged. The matter was reported to the Police Station and uqdlkuh iapukek loss panchanama, repairing bill, insurance policy, R.C. book were sent to the respondent/O.P., but the respondent/O.P. wrongly repudiated the claim of the appellant/complainant on the ground tha...
The Oriental Insurance Co. Ltd, Vs. Bandhan Kunwar and Another
Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
Decided on: Jan-25-2014
(Order) R.S. Sharma, President: 1. This appeal is directed against the order dated 04.04.2013 passed by District Consumer Disputes Redressal Forum, Bilaspur (C.G.) (henceforth "District Forum") in Complaint Case No.CC/2012/06. By the impugned order, the District Forum allowed the complaint of the complainant and directed the appellant / OP no.1 to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the complainant / respondent no.1 along with interest @ 7% p.a. and also awarded Rs.1,000/- as cost of litigation within two months from the date of order, otherwise, the aforesaid amount will be payable along with interest @ 9% p.a. 2. The facts of the complaint case filed before the District Forum are that the complainant /respondent no.1, Smt. Bandhan Kunwar is the mother of Late Chhatar Singh. Late Chhatar Singh was an employee of respondent no.2 / OP no.2 / S.E.C.L. and he was insured with appellant/O.P.No.1 through his employer O.P.No.2/S.E.C.L. The insurance was effective for the p...
The Oriental Insurance Company Limited, Vs. Lalli Bai and Another
Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
Decided on: Jan-25-2014
Oral (Order) 1. This appeal is directed against the order dated 10.05.2012, passed by District Consumer Disputes Redressal Forum, Bilaspur (C.G.) (henceforth œDistrict Forum") in Complaint Case No.79/2009, whereby the complaint of the respondent No.1/ complainant, has been allowed. 2. The appellant/O.P.No.1 has preferred this appeal against the impugned order dated 10.05.2012 passed by the District Forum and also filed application for condonation of delay in filing the appeal. 3. We have heard arguments of learned counsel for both the parties on the application for condonation of delay and have also perused the record of the District Forum. 4. In Revision Petition No.1616 of 2011 - National Insurance Company Ltd. Vs. Shri P. Rangaswamy and anr, decided on 11.11.2013, Hon'ble National Commission held thus : "8. In Ram Lal and others Vs. Rewa Coalfields Ltd., AIR 1962 Supreme Court 361, it has been observed :- It is, however, necessary to emphasize that even after sufficient cause ...
Ufnath Singh Vs. Deepak Agrawal, Proprietor and Manager and Others
Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
Decided on: Jan-25-2014
Oral (Order) 1. This appeal is directed against the order dated 18.07.2013, passed by District Consumer Disputes Redressal Forum, Surguja, Ambikapur (C.G.) (henceforth œDistrict Forum") in Complaint Case No.142/2012, whereby the complaint of the appellant/complainant, has been allowed. 2. The appellant/complainant has preferred this appeal against the impugned order dated 18.07.2013, passed by the District Forum and also filed application under Section 5 of the Limitation Act, for condonation of delay in filing the appeal. 3. We have heard arguments of learned counsel for appellant on the application filed under Section 5 of the Limitation Act, for condonation of delay and have also perused the record of the District Forum. 4. In Revision Petition No.1616 of 2011 - National Insurance Company Ltd. Vs. Shri P. Rangaswamy and anr., decided on 11.11.2013, Hon'ble National Commission held thus : "8. In Ram Lal and others Vs. Rewa Coalfields Ltd., AIR 1962 Supreme Court 361, it has bee...
Magma Finance Corporation Limited, and Others Vs. Jugal Kishore Singh ...
Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
Decided on: Jan-25-2014
(Order) R.S. Sharma, President: 1. This order will govern disposal of Appeal No. FA/12/298 as well as Appeal No. FA/12/307, which have been preferred respectively by the OPs and complainant of Complaint Case No.43/2010 against the order dated 22.05.2012 of District Consumer Disputes Redressal Forum, Surguja, Ambikapur (C.G.) (henceforth called œDistrict Forum?), whereby the complaint filed by the complainant, has been allowed in part, and learned District Forum has directed the OPs to pay the complainant a sum of Rs.4,30,000/- along with interest @ 6% p.a. from the date of filing of the complaint i.e. 09.04.2010 and also pay a sum of Rs.3,000/- as compensation for physical and mental agony and inconvenience suffered by the complainant and Rs.1,000/- as advocate fee. The District Forum has further directed that if the complainant has received the amount of Rs.56,497/- which was sent by the OPs to him after sale of the vehicle bearing registration no.C.G.15-B-4029 vide bank draft N...
The Oriental Insurance Co. Ltd Vs. Dhansay and Another
Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
Decided on: Jan-25-2014
(Order) R.S. Sharma President: 1. This appeal is directed against the order dated 19.12.2012 passed by District Consumer Disputes Redressal Forum, Korea, Baikunthpur (C.G.) (henceforth called "District Forum") in Complaint Case No.89/2012. By the impugned order, the District Forum allowed the complaint of the complainant/respondent No.1 and directed the appellant / O.P. no.1 to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) with District Forum, along with interest @ 9% p.a. from the date of filing of the complaint, for payment of the same to the complainant. The District Forum also awarded Rs.2,000/- as cost of litigation to the complainant and further directed that if the aforesaid amount is not deposited within 45 days, the same will be payable along with interest @ 12% p.a. 2. Briefly stated the facts of the complaint case filed before the District Forum are as under :- 2.1. That the complainant /respondent no.1, is permanent employee of S.E.C.L. and he was insured with the...
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