Chhattisgarh Court July 2015 Judgments
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Dr. R. Jairam Iyer Vs. State of Chhattisgarh
Court: Chhattisgarh
Decided on: Jul-08-2015
(1) The petitioner herein is an interventional Cardiologist and on the date of occurrence was working as Senior Consultant in the Apollo Hospital, Bilaspur, while facing criminal prosecution for commission of offences punishable under Sections 304-A, 468 and 201 of the Indian Penal Code, has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (henceforth Cr.P.C. ) for quashment of chargesheet and criminal prosecution initiated against him for the above-stated offences. (2) The essential facts, as unfolded by the prosecution, to find out whether petitioner is entitled to the relief claimed in the criminal miscellaneous petition are as under:- (2.1) The State of Chhattisgarh through Station House Officer, Police Station Sarkanda submitted a charge sheet under Section 173 of the Cr.P.C. against the petitioner herein for commission of offences under Sections 304-A, 468 and 201 of the Indian Penal Code before the jurisdictional criminal court ...
Harnarayan Sharma Vs. Paras Vaid
Court: Chhattisgarh
Decided on: Jul-07-2015
1. Challenge in this appeal is to the judgment and decree dated 13.04.2005, passed in C.S. No.20-B/2004, passed by IIIrd Additional District Judge, Raipur (C.G.), whereby the suit filed by the appellant/plaintiff was dismissed on the ground that the documents required to be filed alongwith the plaint were not filed at the time of filing of suit. 2. Brief facts of the case are that a suit was filed by the appellant for recovery of Rs.68,244/- against the defendant on the basis of the pleading that the defendant has availed different loan at different point of time i.e. Rs.18,000/- on 30.05.2001, Rs.15,000/- on 22.06.2001 and Rs.17,000/- on 30.07.2001 and agreed to pay interest @ 1% per month, thereby total Rs.50,000/- was availed as a loan. 3. It was pleaded that after availing loan, the defendant/respondent failed to pay the loan in terms of the agreement and despite several demand, the same was not paid. Consequently, a legal notice was served recalling the amount of loan but despite ...
M/s. Raipur Construction Private Limited, through its Managing Directo ...
Court: Chhattisgarh
Decided on: Jul-06-2015
CAV Order: Navin Sinha, C.J. 1. Heard Learned Counsel for the Petitioner and Additional Advocate General for the Respondents. 2. The two writ petitions filed by one Company against the same Respondents raises identical questions of law arising from common facts, the only difference being that they pertain to different contracts published by the Respondents. They have therefore been heard together and are being disposed by a common order. 3. The Respondents published a Notice Inviting Tender ( NIT ) on 20.2.2015 inter alia for Works No.1153 and 1154 with regard to laying of water pipelines in the designated areas. The technical bid of the Petitioner for both the works has been rejected separately on 6.4.2015, for the ostensible reason that it did not possess work experience during the last five years as stipulated in Clause 1.a of the NIT. 4. Learned Counsel for the Petitioner submitted that the Clause 1.a required the bidder to submit experience certificate for successful completion of...
Kuldeep Vs. State of Chhattisgarh through District Magistrate
Court: Chhattisgarh
Decided on: Jul-06-2015
1. Invoking revisional jurisdiction of this Court under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter called as Cr.P.C. ), the applicant herein has filed the instant criminal revision challenging the impugned judgment dated 6-11-2004 passed by the 1st Additional Sessions Judge, Raigarh, in Criminal Appeal No. 83 of 2004 affirming the judgment of conviction and order of sentence dated 25-3-2004 passed by Judicial Magistrate First Class, Gharghoda, in Criminal Case No.664 of 2002, whereby the applicant has been convicted for commission of offences punishable under Sections 304-A and 337 of the IPC and was sentenced to undergo rigorous imprisonment for six months and fine of Rs.500/- and fine of Rs.300/-, in default of payment of fine to further undergo R.I. for one month respectively for offence under Section 337 of the IPC. 2. The case of the prosecution, in brief, is that the applicant herein has been charge-sheeted alleging that on 16-10-2002 a...
Anoop Mishra Vs. State of Chhattisgarh, through the Secretary, Departm ...
Court: Chhattisgarh
Decided on: Jul-02-2015
1. Petitioner has preferred this writ petition seeking direction to the respondents to provide him joining on the post of Lab Technician pursuant to the appointment order dated 14.06.2010. 2. The pertinent facts, necessary for appreciating the issue brought before this Court, are that the Directorate of Higher Education advertised for recruitment of 82 vacancies of Lab Technicians, amongst other posts, in the month of February 2009. The petitioner participated in the said selection process and was placed in the waiting list. Since candidates finding place in the merit list did not join, the waiting list was operated and the petitioner, who was at Serial No.4 in the waiting list, was also issued the appointment letter on 14.06.2010, however, the said appointment order never reached the petitioner. 3. When the petitioner became aware about his appointment, he moved an application before the Public Relation Officer, Post Master General, Head Post Office, Bilaspur as to whether the said po...
Dr. Shakrajeet Nayak and Others Vs. State of Chhattisgarh and Others
Court: Chhattisgarh
Decided on: Jul-02-2015
1. Challenge in this petition is to the order dated 27.07.2013 passed in Criminal Revision No.24/2013 and 35/2013 with respect to Cr.M.P.No. 849/2013 and 678/2014 and Criminal Revision No.27/2013 and 36/2013 with regard to Cr.M.P. No.676/2014 and 854/2013, whereby the order passed by the Judicial Magistrate First Class, Sarangarh dated 23.04.2013 in Criminal Case No.1108/2005 (State v. Dr. Shakrajeet Nayak and Others) and the other order dated 23.04.2013 passed in Criminal Case No.768/2007 (State v. Prakash Nayak and Others) was affirmed by the Court of Additional Session Judge, Sarangarh. 2. By such order, the Judicial Magistrate First Class has dismissed the application filed by the Public Prosecutor under Section 321 of Cr.P.C. The said order of Judicial Magistrate First Class when was subject of revision before the Additional Session Judge, the same was dismissed by the order dated 27.07.2013. 3. A Criminal Case bearing No.1108/2005 (State v. Dr. Shakrajeet Nayank and Others) was f...
Bharat Lal Dewangan and Others Vs. Kamal Kumar Verma and Others
Court: Chhattisgarh
Decided on: Jul-01-2015
1. Both these appeals are being tried together being arising out of the same award dated 20th December, 2007 passed in claim case No.149/2007 by the Motor Accident Claims Tribunal, Rajnandgaon. The appeal MAC 193/2008 is by the claimants for enhancement of the award and MAC 219/2008 is by the bank wherein liability has been fastened over the bank. 2. Briefly stated facts of the case are that claim petition was preferred by Bharat Lal Dewangan and Smt. Geeta Bai, father and mother of the deceased Santosh. It was stated that the deceased who was elder son, while was walking on the road he was dashed from behind by respondent No.1 i.e. original non-applicant No.1 Kamal Kumar Verma by the tractor which was being driven in a rash and negligent manner. Consequently, serious injuries were sustained. Subsequently, the injured when was brought to the Rajnandgaon Hospital where he succumbed to the injuries. It was stated that deceased was carpenter and used to earn Rs.150 per day and the claiman...
State of Chhattisgarh, through the Secretary, Department of Health and ...
Court: Chhattisgarh
Decided on: Jul-01-2015
1. This is an appeal against the judgment and decree dated 10.12.2008 passed by the Court of District Judge, Raigarh in Civil Suit No. 01/2005 whereby the decree for Rs.1,80,000/- has been passed against the respondent. 2. Brief facts of the case are that on 24.11.2004, a health camp was organized at Primary Health Centre, Lailunga for conducting Tubectomy (Nasbandi) operation. In such camp, deceased Meenakshi Devi was admitted to undergo the operation for Tubectomy. It was pleaded by the plaintiff that original defendant no.1 R.S.Upadhyay and original defendant no.2, Dr. Sunil Nigam, were working at Primary Health Centre, Lailunga and original defendant no.3, S.K.Kushwaha was working as doctor in District Hospital Raigarh. Defendant No.4, Smt. Shivani was a nurse in Primary Health Centre, Lailunga. It was stated that at the direction of the State, Tubectomy camp was organized at Lailunga wherein before Tubectomy operation, at the instance of defendants 1 to 3, some injections were adm...
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