Court : Chhattisgarh
Reported in : 2006(2)MPHT24(CG)
ORDERSunil Kumar Sinha, J.1. The 14 petitioners, who are presently working on various posts in Chhattisgarh State Industrial Development Corporation (C.S.I.D.C.) have filed this writ petition for issuance of writ of mandamus directing the Madhya Pradesh Financial Corporation (M.P.F.C.) for considering their cases for promotion to the next higher post.2. The brief facts are that prior to the re-organization of the erstwhile State of Madhya Pradesh, the petitioners were working with the Madhya Pradesh Financial Corporation. After the re-organization and bifurcation of the States, the M.P.F.C. continued in the State of Madhya Pradesh but in the State of Chhattisgarh, the C.S.I.D.C. came into existence. As an effect of the reorganisation, various employees including the petitioners have been posted in the State of Chhattisgarh because of their allocation. The case of petitioners is that the bifurcation of the M.P.F.C. is yet to complete and the allocation of the employees of M.P.F.C. to C....
Tag this Judgment!Court : Chhattisgarh
T.P. Sharma, J.1. Challenge in this appeal is to the judgment of conviction & order of sentence dated 27-12-1982 passed by the Sessions Judge, Sessions Division, Mandla in Sessions Trial Nos. 61/80 & 62/80, whereby & where under learned Sessions Judge after holding the appellant guilty for commission of offence under Sections 302 read with Section 34, 307 read with Section 34 of the I.P.C. & 28 of the Arms Act, sentenced him to undergo imprisonment for life, R.I. for five years & R.I. for two years, respectively. However, the Sessions Judge has acquitted the appellant herein of the charge under Section 302 of the I.P.C. and the remaining fifteen accused persons of the charge under Sections 120B, 307 read with Section 34, 302 read with Section 111 & 302 read with Section 34 of the I.P.C.2. Judgment is impugned on the ground that without any iota of evidence to connect the appellant with the crime in question viz., presence of the appellant armed with rifle at the time of incident, recov...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2002(1)MPHT4(CG)
ORDERFakhruddin, J. 1. By this writ petition filed under Articles 226 and 227 of the Constitution of India, petitioner prays for quashing of the impugned tender notice dated 29-1-2001 (Annexure P-1) whereby respondent No. 2, the Madhya Pradesh Financial Corporation, has invited bidders for sale of various units in lieu of non-payment of outstanding loan amounts. The petitioner submits that he is the President of District Industries Association, Bilaspur, which has been formed for the welfare of various industries including those mentioned in the advertisement dated 29-1-2001 published in daily Navbharat, dated 30-1-2001. The petitioner further submits that separate Financial Corporation for the State of Chhattisgarh is likely to be reconstituted and while so reconstituting, some policy may be adopted as such it contends that auction should not take place.2. Annexure P-1 is the list of Industries to be auctioned which has been published vide advertisement dated 29-1-2001. The respondent...
Tag this Judgment!Court : Chhattisgarh
Reported in : (2006)IIILLJ744CG
ORDERS.R. Nayak, C.J.1. This is another instance of a Trade Union rivalry brought to the fore and landed in this Court for judicial review of the question i.e., between the warring groups, which group, whether the group headed by the petitioners or the group headed by the first respondent are legally elected office bearers of the trade union concerned. The facts of the case loudly speak and highlight how ambition and chicanery on the part of the concerned tradesman to capture the power of trade union, by hook or crook, threw out all democratic norms which should govern election of the office bearers of the trade union thereby doing great injustice to the trade union movement in the industry and failing to protect the legitimate interest and rights of the members of the trade union.2. This writ petition is directed against the award of the State Industrial Court, Chhattisgarh, Raipur (for short 'the Industrial Court') dated December 20, 2005 , passed in Reference case No. 09/I.T.U. Act/...
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2007Chh39; 2007(2)MPHT1
S.R. Nayak, C.J.1-A. I have had the opportunity of reading the draft judgments prepared by Vijay Kumar Shrivastava, J. and Dilip Raosaheb Deshmukh, J. in these writ petitions. The conclusions reached by Dilip Raosaheb Deshmukh, J. with respect, are not acceptable to me. I agree with Vijay Kumar Shrivastava, J.2. In the result, I dismiss all the writ petitions with no order as to costs. The registrar of Co-operative Societies, State of Chhattisgarh, Raipur is directed to hold elections to the Co-operative Societies concerned within a period of six months from today as directed by Vijay Kumar Shrivastava, J. in his order.Vijay Kumar Shrivastava, J.3. I have had an opportunity to read the draft order prepared by my learned Brother Dilip Raosaheb Deshmukh, J. Having perused the same with due consideration, I regret my inability to agree with the opinion of Deshmukh, J. Hence, this separate opinion of mine.4. Constitutional validity of the Chhattisgarh Co-operative Societies (Amendment) Act...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(4)MPHT79(CG)
ORDERR.S. Garg, J. 1. The petitioner Gurumukh Singh Hora, the Chairman of Chhattisgarh Co-operative Marketing Federation, has challenged the correctness, validity and propriety of the order dated 8-12-2000 passed by the Additional Registrar, Co-operative Societies, Raipur (respondent No. 4). 2. The facts necessary for the disposal of the present petition are that the petitioner is the Chairman of Chhattisgarh Co-operative Marketing Federation. According to him, he has assumed the charge of the office on 30-10-2000, therefore, under the provisions of Rule 43-A (2) of M.P. Cooperative Societies Rules, 1962 within one year of assumption of the charge by him, a no-confidence motion cannot be moved against him but as a no-confidence motion has been moved against him and as the Additional Registrar has appointed an Officer to preside the meeting, the action is bad. The petitioner, in fact, was elected as Chairman of M.P. State Co-operative Marketing Federation on 4-1-97 for a period of five ...
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008(5)MPHT47(CG)
ORDERDhirendra Mishra, J.1. The above petitions are being disposed of by this common order as the point involved in all these petitions is same.2. The petitioners in these writ petitions are the owners of agricultural lands situated at Village Sonadih, Gudeliya, Dhabadih and Mopka.3. Respondent-Lafarge India Pvt. Limited, a Company registered under the Indian Companies Act, 1956, (for short 'the respondent-Company') has a cement plant at Village Sonadih, Tehsil Baloda Bazar. The Company submitted an application dated 16-5-2006 to the Additional Chief Secretary-cum-Convener, State Industrial Promotion Board, Government of Chhattisgarh stating therein that they have taken a decision to establish a rail link between their Sonadih Plant & Nipaniya Railway Station at their own expenses. The land required by the Company consists of private land and Government land and therefore, immediate step for acquiring the entire land falling in the alignment of proposed rail link was requested. In all ...
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2005Chh1; 2004(3)MPHT29(CG)
ORDERL.C. Bhadoo, J. 1. In this writ petition under Article 226/227 of the Constitution of India petitioner Gurumukh Singh Hora has challenged the legality and validity of the order dated 10th January, 2002, passed by respondent No. 2, Registrar, Co- operative Societies, Raipur, whereby he has assumed the charge of the Chhattisgarh State Co-operative Marketing Federation Limited (for short 'the Marketing Federation').2. The petitioner's petition is that he was initially inducted as a member of Vikas Sabji Phal Phool Utpadak Avam Vipanan Sahakari Samiti Maryadit, Kawardha. The petitioner was elected as representative of the aforesaid Samiti and thereafter, he was elected as a delegate from Rajnandgaon District and he became the Chairman of the Madhya Pradesh Marketing Federation for a term of five years on 4-1-1997, i.e., upto 3-1-2002.3. On 18-10-2000, an Ordinance namely, Madhya Pradesh Sahakari Societies (Punargathan Aur Nirman) Adhyadesh, 2000, was promulgated with a view to reconst...
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2006Chh92
Sunil Kumar Sinha, J. 1. In this batch of appeals, a question to be considered is whether the Letters Patent Appeals are maintainable in this High Court?2. The resume necessary for adjudication is as under:The State of Chhattisgarh came into existence on 1st of November 2000, that is the appointed day, pursuant to M.P. Reorganisation Act, 2000 (hereinafter referred to as the Act of 2000). It is a successor State. Part IV of the Act of 2000 relates to establishment of the High Court. Section 21 provides that from the appointed day, there shall be a separate High Court for the State of Chhattisgarh (hereinafter referred as 'the High Court of Chhattisgarh') and the High Court of Madhya Pradesh shall become the High Court for the State of Madhya Pradesh. Section 22 provides for Judges of Chhattisgarh High Court and Section 23 provides for the jurisdiction of the Chhattisgarh High Court. It has been stipulated in the Act of 2000 that the High Court of Chhattisgarh shall have, in respect of ...
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