Chhattisgarh Court August 2014 Judgments
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Sampat Kumar Chauhan Vs. South Eastern Coal Field Limited and Others
Court: Chhattisgarh
Decided on: Aug-21-2014
Oral Order: 1. Heard learned counsel for the parties. 2. In this petition under Article 226 of the Constitution of India the petitioner has called in question the impugned decision of the South Eastern Coalfields Limited (for short, SECL) taken on 27/08/2012 vide Annexure P/1 refusing his prayer for correction of entry of his date of birth in the service record. 3. Petitioner joined the service with SECL on 14/12/1975 as Electrical Helper Category-II. In due course he was promoted and on the date of filing of petition he was working as Electrical Supervisor (Foreman) at Rajnagar Colliery, Hasdeo Area, Anuppur. In the year 1992 petitioner was supplied service certificate under the signature of personnel officer, Rajnagar R.O. Colliery of SECL mentioning his date of birth as 23/01/1955, which is also his recorded date of birth in the matriculation certificate, however, in the B Form maintained by the SECL, his date of birth was mentioned as 14/12/1952 therefore, the petitioner submitted ...
Union of India and Another Vs. Jogendra Singh and Another
Court: Chhattisgarh
Decided on: Aug-20-2014
1. This is an appeal filed against the order dated 25.10.2004, passed in M.J.C. No.25/2004, passed by First Additional District Judge, Bilaspur, whereby an application preferred under Order 9 Rule 13 of Civil Procedure Code to set-aside the ex-parte award dated 29.08.2002, passed in claim case No.13/2002, was dismissed. 2. Brief facts which are involved in this case are that a claim petition was preferred by one Jogendra Singh, before the Claims Tribunal on the ground that due to rash and negligent driving of the vehicle bearing No. M.P.-26W-1146 driven by Harihar Ram, the appellant No.2, which dashed the claimant, the claimant had sustained severe injuries. It was also pleaded that the offending vehicle was owned by the appellant. Thereafter, a petition was preferred U/s.166 of the Motor Vehicle Act, claiming compensation of Rs.1,73,000/- before the Claims Tribunal, Bilaspur. 3. During the course of proceedings, the appellants remained absent before the Claims Tribunal and as such, th...
Dr. (Mrs.) Neelam Bhardwaj Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Aug-20-2014
1. Questioning the impugned order the instant revision has been filed by the applicant herein by which her application for discharge has been rejected by the Special Judge under the Prevention of Corruption Act, 1988 (henceforth the Act, 1988). 2. The applicant was charge-sheeted by the State of Chhattisgarh through Anti-Corruption Bureau, Bilaspur for offence under Sections 7, 13(1) (d) and 13(2) of the Act, 1988 with a charge that on 22.09.2012 while working as a resident doctor in the Chhattisgarh Institute of Medical Sciences, Bilaspur (henceforth the CIMS) she demanded Rs. 1,500/- from complainant Prahalad and accepted cash of Rs. 1,300/- from him in the CIMS for treatment and giving medicine to the son of complainant Prahalad and on a complaint made she was trapped by the Anti-Corruption Bureau. It is further case of the prosecution that she was dismissed from the service on 22.09.2012/24.09.2012 and, therefore, sanction for prosecution under Section 19 of the Act, 1988 is not re...
Dwarika Halba Vs. Savitri Bai and Another
Court: Chhattisgarh
Decided on: Aug-19-2014
1. Feeling aggrieved and dissatisfied with the order dated 11.04.2012, passed by Additional Principal Judge, Family Court, Balod, District Durg, in Misc. Criminal Case No. 83/2010, instant criminal revision has been preferred by the petitioner/husband against the respondents [wife and daughter Ku. Durgeshwari]. 2. The core facts necessary for disposal of this revision are as under- 2.1 That the respondents herein jointly filed an application under Section 125 Cr.P.C seeking maintenance stating inter alia that petitioner had forcefully committed sexual intercourse with her and on that account, she became pregnant and gave birth to a female child i.e. respondent No.2/Durgeshwari herein. It was further alleged that offence under Section 376, 506 IPC was also registered against the petitioner in which he was acquitted by the competent criminal court. 2.2 The Petitioner replied the said application stating inter-alia that he is not the father of respondent No.2 by disputing his paternity, a...
Arun Kumar Sugandh Vs. State of Chhattisgarh and Another
Court: Chhattisgarh
Decided on: Aug-18-2014
1. The petitioner has preferred this writ petition seeking quashment of the impugned letters dated 31.3.2014 and 9.6.2014 with a further prayer for a direction to the respondents to appoint the petitioner on the post of Assistant Professor (Economics). 2. The State Government initiated the process of recruitment of Assistant Professor (Economics) through Public Service Commission. At the end of selection process, the petitioner could not find place in the merit list but was placed at Sr. No.1 amongst the waiting list candidates. 3. According to learned counsel for the petitioner, one Rajni Choudhary was initially appointed as Assistant Professor (Economics) but later on, her services were terminated on the ground that the Caste Scrutiny Committee has cancelled her caste certificate. Therefore, one vacancy was created in the category in which the petitioner had applied, but the petitioner's name was not recommended by the Public Service Commission for appointment. He would submit that k...
Chitaranjan Mandal Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Aug-14-2014
1. Invoking the appellate jurisdiction of this Court under Section 374(2) of the Code Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) , appellant herein Chitaranjan Mandal has preferred this statutory appeal against the judgment of conviction and order of sentence dated 27-1-2003 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), Bestar at Jagdalpur in Special Case No. 39/2002, whereby and whereunder the appellant has been convicted for commission of an offence punishable under Section 20(b) (ii) (B) of the NDPS Act and sentenced to undergo rigorous imprisonment for four years and six months and to pay fine of Rs. 20,000/-, in default of payment of fine amount, to undergo additional rigorous imprisonment for one year. 2. The prosecution case in brief as unfolded during the course of trial is as under:- 2.1 On 20-9-2002, Mohan Lal Pandey (PW-4), Assistant Sub-Inspector, Police Station Dornapal after...
Jiwanlal Jain Vs. Union of India and Others
Court: Chhattisgarh
Decided on: Aug-13-2014
1. This writ appeal arises out of the order dated 08.03.2013 passed by the single judge dismissing Writ Petition (C)- 1598 of 2012 filed by Jiwanlal Jain (the Appellant). The writ petition was essentially for the relief that he may be permitted to work and excavate the iron ore over 37.470 hectares of land situate in village Barbaspur, Tahsil Bhanupratappur, District Kanker instead of part of the same namely 17.930 hectares of land. THE FACTS 2. The erstwhile state of Madhya Pradesh issued a notification on 04.07.1969 under section 4 of the Indian Forest Act, 1927 (the Forest Act) reserving a large area as a reserved forest. It included 4969.46 hectares of land of forest division, Kanker, Tehsil Bhanupratappur. It comprises of land of many villages including of village Barbaspur, where the land in dispute is situate. 3. M/s. Nagpur Alloys Casting Limited (now M/s. Jayaswal Neco Ltd.) (the contesting-Respondent) (both are jointly referred to as the Parties) as well as the Appellant sepa...
Pemeshwari Chaturvedi Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Aug-11-2014
Oral Order: Heard learned counsel for the parties. 1. This writ petition has been filed by the petitioner, who has submitted her candidature for selection as Staff Nurse pursuant to the advertisement issued by Divisional Joint Director, Health Services, Raipur Division, Raipur, vide Annexure P-1. In the said advertisement, applications have been invited for filling up 439 posts of Staff Nurse, out of which 200 posts are unreserved and the remaining posts are reserved for S.C., S.T. and O.B.C. categories. Essential qualification for the candidates was mentioned as B.Sc. Nursing or PBBSC Nursing or General Nursing and Senior Midwifery Training Pass with further condition that the candidates should have live registration with the Chhattisgarh Nursing Council and that candidate shall submit duly attested/verified photocopies of the certificates and mark-sheets. 2. The petitioner Pemeshwari Chaturvedi has been declared ineligible on the ground that she did not submit verified/attested mark-...
State of Chhattisgarh and Another Vs. M/s. VM Extrusions Pvt. Ltd. and ...
Court: Chhattisgarh
Decided on: Aug-08-2014
1. The only point involved in this writ appeal is, Whether or not M/s. VM Extrusions Private Limited (the Respondent) is entitled to exemption of entry tax on the principle of promissory estoppel. It arises in this writ appeal from the judgment of the single judge dated 23-3-2011 allowing Writ Petition (T) - 6057 of 2008 filed by the Respondent. THE FACTS: 2. The State of Chhattisgarh was formed after carving out an area from the erstwhile State of Madhya Pradesh on 1-11-2000. It was a backward area; though highly rich in natural resources and had large untapped potential for industrialisation. 3. In order to initiate economic and social growth, the State came out with a policy on 25-1-2002 for the years 2001-06 (the 2001-06 Policy). It gave various benefits to the industries setting up in the State. 4. According to the Respondent, It set up its factory in Raipur and started its commercial production on 16-6-2004 in pursuance of the 2001-06 Policy; It manufactures High Density Polyethy...
Filomina Ekka and Another Vs. The State of Chhattisgarh and Another
Court: Chhattisgarh
Decided on: Aug-01-2014
1. By its impugned order dated 01.10.2011 passed by 1stAdditional Sessions Judge, Ambikapur, District Surguja in Sessions Trial No. 143/2011, learned Sessions Judge has rejected the application under Section 173 (8) of the Code of Criminal Procedure (henceforth the Code') read with Section 91 of the Code finding no merit. 2. Shri A.K. Prasad, learned counsel appearing for the applicant would submit that learned Special Judge has committed illegality in rejecting the application under Section 173 (8) read with Section 91 of the Cr.P.C. and, therefore, the order impugned deserves to be set aside. 3. On the other hand, Shri Anupam Dubey, learned Deputy Govt. Advocate for the State/non-applicant No.1 would submit that after filing of charge sheet, cognizance was taken by learned Special Judge of the offences charged and, thereafter,challanwas filed and the trial has concluded resulting into the conviction of the accused on 11.9.2012 and, therefore, the order impugned does not call for any ...
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