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Chhattisgarh Court February 2014 Judgments

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Feb 06 2014

Ruswa Alias Hari Singh and Another Vs. the State of Madhya Pradesh (No ...

Court: Chhattisgarh

Decided on: Feb-06-2014

1. At the very outset, learned counsel appearing for the parties would submit that the appellant No.2-Bhagwat alias Pusau has died during pendency of this appeal. 2. Consequently, the appeal in respect of appellant No.2-Bhagwat alias Pusau is dismissed as abated. 3. This appeal is directed against the judgment of conviction and sentence dated 6-3-1998 passed by the 7th Additional Sessions Judge, Bilaspur, in ST No.472/97, whereby the learned 7th Additional Sessions Judge has convicted and sentenced the appellants under Section 302 and 302 read with Section 34 of the Indian Penal Code (for short the IPC) and sentenced them to undergo imprisonment for life on both counts. 4. Appellant No.1 Ruswa alias Hari Singh was married with deceased Meena Bai in chudi form one year prior to the date of incident. She suffered extensive burn injuries up to 95% on 30-9-1997 at about 5.00 am. She was taken to the Police Station and Masturi hospital and from there she was taken to Bilaspur, however, she ...


Feb 05 2014

Jeevan Lal Yadav Vs. State of Chhattisgarh

Court: Chhattisgarh

Decided on: Feb-05-2014

T.P. Sharma, J. 1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 10.04.2012 passed by 4th Additional Sessions Judge, Durg in Sessions Trial No.195/2010, whereby and whereunder learned Additional Sessions Judge after holding the appellant guilty for causing homicidal death of minor child namely Uttam Kumar, aged 13 months, amounting to murder, convicted him under Section 302 of the IPC and sentenced him to undergo imprisonment for life and pay fine of Rs.500/-, in default, to undergo additional simple imprisonment for two months. 2. Conviction is impugned on the ground that without an iota of evidence, court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality. 3. As per case of the prosecution, mother of unfortunate breast-feeding child Nem Bai (PW-11), a married woman, developed relation with the appellant. She conceived and gave birth to a male child namely Uttam Kumar. Appellant, deceased Uttam Kum...


Feb 04 2014

Accountant General State of Chhattisgarh, Through: S.S. Sarojkar Vs. L ...

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on: Feb-04-2014

R.S. Sharma, President: 1. The appeal has been preferred by the Account General State of Chhattisgarh, challenging the order dated 18.09.2009, passed by District Consumer Disputes Redressal Forum, Raigarh (C.G.) (henceforth "District Forum") in complaint Case No.74/2009. By the impugned order, the District Forum has directed the appellant to pay a sum of Rs.99,354/- to the respondent no.1/complainant within a period of one month from the date of order and also awarded a sum of Rs.2,000/- as cost of litigation. It has further been directed that if the aforesaid amount, is not paid within the stipulated period, then the same will be payable along with interest @ 12% p.a. from the date of filing of the complaint till date of payment. 2. Briefly stated the facts of the complaint of the respondent no.1/complainant before the District Forum are that the respondent no.1/complainant, was appointed as Upper Division Teacher on 01.10.1969 and during the period of his service he was promoted as H...


Feb 04 2014

Rajbati Sahu Vs. Manager, the Oriental Insurance Co. Ltd. and Another

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on: Feb-04-2014

R.S. Sharma, President: 1. This appeal is directed against the order dated 28.08.2012 passed by District Consumer Disputes Redressal Forum, Durg (C.G.)) (henceforth called "District Forum"), in complaint case no.151/2012. By the impugned order, learned District Forum, has dismissed the complaint of the appellant/complainant. 2. Brief facts of the complaint filed by the complainant / appellant are that the complainant / appellant Smt. Rajbati Sahu, is widow of late Shri Kriparam Sahu. Deceased, Kriparam Sahu was insured with respondent no.1/OP no.1 under GPA Unnamed Policy Schedule for the period between 14.11.2010 to 13.11.2011 and policy no. was 192500/48/2011/1056. The insured amount is to the tune of Rs.5,00,000/- and premium amount Rs.100/- was deducted from the saving bank account of the deceased, Kriparam Sahu. On 26.03.2011 at about 12 noon, Kriparam Sahu met with an accident with motorcycle bearing registration no. C.G.04/C.K.-6184. Insured, Kriparam Sahu was taken into Mittal ...


Feb 04 2014

Arvind Gupta Vs. the Oriental Insurance Company Ltd.

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on: Feb-04-2014

R.S. Sharma, President: 1. This appeal is directed against the order dated 12.02.2013 of District Consumer Disputes Redressal Forum, Raigarh (C.G.) (henceforth "District Forum") in Complaint Case No.21/2012. By the impugned order, the complaint the appellant/complainant, has been dismissed by the District Forum. 2. Briefly stated, facts of the case are that the appellant/complainant is registered owner of vehicle bearing registration No.J.H.-07/B-6663. He purchased the said vehicle from Pradeep Kumar Mishra. The said vehicle was insured with respondent/O.P. for the period from 19.02.2011 to 18.02.2012. On 12.10.2011, the said vehicle was stolen by some unknown person from in front of his house. The appellant/complainant lodged first information report in Police Station, Duldula. On 13.10.2011 the appellant/complainant informed the respondent/O.P. telephonically regarding theft of the vehicle. Thereafter, on 13.10.2011, the appellant/complainant went to the office of the respondent/O.P....


Feb 04 2014

Magma Fincorp Limited, Through : Branch Manager Vs. Maan Singh

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on: Feb-04-2014

R.S. Sharma, President: 1. This appeal is directed against order dated 26.05.2012, passed by District Consumer Disputes Redressal Forum, Durg (C.G.) (henceforth District Forum") in Complaint Case No.322/2010. By the impugned judgment, the learned District Forum, has allowed the complaint and directed the appellant/O.P. to pay a sum of Rs.5,20,000/- within a month from the date of order, along with interest @ 7% p.a. from the date of filing of the complaint till date of payment to the respondent/complainant. It has further been directed to the appellant/O.P. to pay Rs.1,000/- as compensation for mental agony and Rs.1,000/- as cost of litigation. 2. Briefly stated, the facts of the case of the respondent/complainant before the District Forum are : that the respondent/complainant is a transporter and he purchased truck bearing registration No.C.G.04-J-9922 with the help of appellant/O.P. He obtained loan of Rs.10,73,000/- from the appellant/O.P. and in this regard an agreement was also ex...


Feb 04 2014

Bisliya Alias Bisali and Others Vs. the State of Madhya Pradesh (Now C ...

Court: Chhattisgarh

Decided on: Feb-04-2014

1. The aforesaid criminal appeals are arising out of judgment of conviction dated 10th January, 1998, passed by the 6th Additional Sessions Judge, Bilaspur in S.T. No.493/95 whereby learned 6th Additional Sessions Judge convicted each of the appellants under Sections 302, 148 and 323/149 of the IPC and sentenced them to undergo imprisonment for life, R.I. for 3 years and R.I. for 1 year respectively. 2. In Criminal Appeal No.249/1998, appellant No.3 Udhoram and appellant No.8 Jeevrakhan have died during the pendency of the appeal, therefore, the appeal in respect of aforesaid appellants stands abated. 3. In an incident which occurred at 1 pm on 7.8.94 near near Thakur Dev, Village Kaneri, deceased Jatau Satnami was murdered by the appellants. Merg intimation was lodged by PW-2 Gyandas. He also lodged FIR (Ex.P/1) at 7 pm on 7.8.94 itself alleging that when he was sitting in his betel shop at 2 pm, his father came to him and informed that quarrel has taken place at Satnami para. He had ...


Feb 03 2014

Dena Bank, Through Zonal Manager and Others Vs. Ratandeep Singh Bhatia

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on: Feb-03-2014

1. This appeal is directed against the order dated 10.07.2013, passed District Consumer Disputes Redressal Forum, Rajnandgaon (C.G.) (henceforth œDistrict Forum") in Complaint Case No.112/2012, whereby the complaint of the respondent / complainant, has been allowed. 2. The appellants/OPs have preferred this appeal against the impugned order dated 10.07.2013, passed by the District Forum and also filed an application under Section 5 of the Limitation Act, for condonation of delay in filing the appeal. 3. We have heard learned counsel for both the parties 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 been observed :- It is, however,...


Feb 03 2014

Dr. Sanjay Goyal Vs. Assistant Engineer

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on: Feb-03-2014

1. This appeal is directed against the order dated 24.10.2010 passed by the District Consumer Disputes Redressal Forum, Surguja, Ambikapur (C.G.) (henceforth "District Forum") in complaint case no.145/2010, whereby the complaint filed by the appellant / complainant, has been dismissed by the District Forum holding that the appellant/complainant, failed to prove his case. 2. The facts of the complaint of the appellant/ complainant before the District Forum, are : that the appellant/complainant obtained one electric connection in his hospital and service no. is 1001894757. On 02.07.2010, a vigilance team of the respondent/O.P. headed by the then Executive Engineer Mr.R. K. Mishra, inspected the premises of the appellant/complainant and verified the meter and the connected load and it was found that electricity load was 27 K.V.A. whereas the contract was for 6 K.V.A., therefore a penal bill for sum of Rs.30,183/- was sent to the appellant/complainant, which was paid by the appellant/compl...


Feb 03 2014

Dr. J.K. Singh Vs. C.G. State Power Distribution Co. Limited

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on: Feb-03-2014

1. This appeal is directed against the order dated 05.11.2011 passed by the District Consumer Disputes Redressal Forum, Surguja, Ambikapur (C.G.) (henceforth "District Forum") in Complaint Case No.111/2010, whereby the complaint filed by the appellant / complainant, has been dismissed by the District Forum holding that the appellant/complainant, has failed to prove his case. 2. The facts of the complaint of the appellant/ complainant before the District Forum, are : that the appellant/complainant obtained one electric connection in his hospital and service no. is 100987458/3140563. On 17.10.2008 a vigilance team of the respondent/O.P. headed by the Assistant Engineer, inspected the premises of the appellant/complainant and prepared spot inspection report, (mauke ka naksha) etc. and mentioned that a magnet was attached with the service meter and made allegation under Section 126 of the Electricity Act, for using the electricity unauthorisedly. He also prepared seizure memo and in all th...


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