Court : Chhattisgarh
Reported in : 2004CriLJ680; 2004(2)MPHT17(CG)
..... 35 (noc) = 2000 (3) mplj-note 10, held that :--'there was exchange of hot words and in that the applicant was said to have uttered word 'chamar'-- contention that merely by using the word 'chamar', atrocities act, 1989 was not attracted--bar of applicability of section 438 was not attracted-- complainant principal of institution and applicant a teacher in the same institution-- incident arose due to non-disbursement of scholarship to students by complainant. ..... the sum and substance of the above decisions is that the benefit of section 438 of the cr.pc can be extended to a person against whom an accusation is levelled of having committed offences enumerated in section 3 of the act in the following circumstances :--(i) if on the basis of the complaint and other material evidence collected by the investigating agency on the face of the material prima facie no offence is constituted/made out, i.e. ..... of the court to examine and judicially scrutinize whether on its facts, the fir and the case diary do constitute any offence under this act before refusing bail on that ground and whether there is no material for prima facie suspecting the petitioner of having committed an offence under the act, the ban imposed by section 18, does not come into play and the petitioner under the circumstances deserves the benefit of anticipatory bail.8. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2006Chh18; 2006(1)MPHT45
..... 11 of the election petition which speaks about the corrupt practice as envisaged under section 123(5) of the act of 1951 that one sukdeo - agent of respondent no. ..... 11, which is regarding corrupt practices as envisaged under section 123(5) of the act of 1951, reads like this :-11. ..... proviso to section 83(1) of the act lays down, in mandatory terms, that where an election petitioner alleges any corrupt practice, the election petition shall also be accompanied by an affidavit, in the prescribed form, in support of the allegations of such practice and the particulars ..... 8 and 11 and stated that said practices comes within the meaning of section 123 (4) and (5) of the representation of the people act, 1951(hereinafter shall be referred as 'act of 1951'). ..... but to utter surprise about this corrupt practice there is no whisper in the affidavit filed by the petitioner in support of the election petition, as such there is no compliance of proviso to section 83(1) of the act of 1951.11. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(1)MPHT69(CG)
..... (c) it has further been mentioned in para 6 of the plaint that if the defendants acts upon and take into possession shop and the same is locked, then the plaintiff/petitioner herein will be deprived of his business. ..... 3 lakhs, but however, paid the fixed court fee under schedule ii article 17 of the court fees act and for the purposes of the injunction valued it for rs. ..... in such a case section 7(iv)(d) of the court-fees act would be applicable for valuing the relief of injunction and article 17 of schedule ii of the act would provide the court-fees for the said declaration.9. ..... sub-section (iv) (c) of section 7 of the act, which relates to computation of fees payable in certain suits, envisages that 'to obtain a declaratory decree or order, where consequential relief is prayed'. ..... the question, which requires consideration by this court, is that whether the plaintiff/the petitioner herein was required to pay ad valorem court fee to value the suit filed by him under section 7(iv) (c) or (d) of the court fees act, 1870 (for short the act).3. ..... , there is no question before the petitioner herein for claiming declaration and simply suit for injunction was maintainable, as such the suit has been correctly valued under section 7(iv)(d) read with article 17 of schedule 2 of the act.7. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2003(1)MPHT46(CG)
..... , reported in (2001) 2 scc 62, it was held by hon'ble supreme court that 'exercising a power, such as that under section 19 of water act, to show favour to a particular industry and granting it exemption from the provisions of a prohibitory order under section 3(2)(v) of environment (protection) act against establishment of polluting industries in an area, would be a violation of the right to clean water under article 21 besides being arbitrary and contrary to public interest'. ..... 111 dated 8-3-1996, section 19 permitted the state to restrict the application of the water act, 1974 to a particular area, if need be, but it did not enable the state to grant exemption to a particular industry within the area prohibited for location of polluting industries. ..... coming to the provisions of the water act, 1974, it is clear that in view of sub-sections 29(e), 2(k) read with sections 17 and 18 of the water act, the fundamental objective of the statute is to provide clean drinking water to the citizens. ..... on 25-11-1988 a notice was issued by the sub-divisional officer, dhamtari to the appellant/plaintiff under sub-clause (1) clause (b) (ii) of sub-section (2) of section 4 of the public premises (eviction of unauthorized occupants) act, 1971. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2009(1)MPHT5(CG)
..... to refund court fee is confined only to fees which have been illegally or erroneously assessed or collected and does not extend to fees which have been paid in accordance with the provisions of the courts fees act.b) where the appeal is withdrawn/ not pressed as having been rendered infructuous, appellant is not entitled to refund of court fees paid on the memorandum of appeal.c) where on appeal having been filed and jurisdiction ..... various judgments delivered by the different high court on this legal issue submitting following propositions;a) even in cases not covered by section 13, 14 & 15 of the court fees act, the court can invoke its inherent power under section 151 of the code of civil procedure to refund the court fee paid in excess either by mistake, inadvertence or ..... so far as the question of permission to withdraw the appeal with liberty to file civil revision is concerned, taking into consideration the provisions of section 6(3) of the act of 1963, the instant appeal is not maintainable and in these circumstances, there is no impediment in permitting the appellants to withdraw this appeal with liberty to avail remedies available under the ..... 1/plaintiff prayed for dismissal of the appeal on the ground that the same is not maintainable in view of sub-section (3) of section 6 of the act of 1963, the appellants have filed the above three applications for permission to withdraw the appeal with liberty to file civil revision, refund of court fees and return of certified .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2007CriLJ220
..... it is pertinent to mention that even if the evidence placed on record is not sufficient to discharge the burden under section 105 of the evidence act, but may raise a reasonable doubt in the mind of judge as regards one or other necessary ingredients of the offence including the mens rea of the accused the accused became entitled for acquittal.19. ..... the evidence so placed discharged may not be sufficient to discharge the burden under section 105 of the evidence act but it may raise a reasonable doubt in the mind of a judge as regards one or other of the necessary ingredients of the offence itself. ..... if from the material placed before the court, the existence of said circumstances was so probable that a prudent man ought, under the circumstances of the particular case, to act, the burden placed on accused for taking benefit of section 84 of the ipc stands discharged.18. ..... to establish the defence of insanity it must be clearly proved that at the time of committing the offence the accused was labouring under such a defect of mind that he was unable to know the nature and quality of the act, that was done by him and to bring his case under exception of section 84 of the i. p. c. ..... is entitled for protection under section 84 of the ipc as he was suffering from paranoid schizophrenia and because of the disease he was a man of unsound mind and by reason of unsoundness of mind, was incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2009(1)MPHT48(CG)
..... so far as the second argument advanced on behalf of the petitioner that the collector did not verify the contents of the proposal submitted by the councillors personally is concerned, in the memo of annexure p-6, a report under section 47 (2) of the act sent to the state government, the collector has mentioned that preliminary enquiry was got conducted, signatures of 12 councillors out of 15 were duly proved, councillors were got identified by the chief municipal officer and the ..... the collector was duty bound to verify the genuineness of the proposal and he could not have entrusted the job of verification to the deputy collector, as section 47 (2) of the act does not empower the collector to delegate his powers to the deputy collector.5. ..... whether the presence of councillors who have signed the proposal, in person before the collector is a legislative requirement or not depends upon the true construction and interpretation of proviso to sub-section (1) of section 47 of the act which has been reproduced in earlier part of this order. ..... learned counsel for the petitioner submits that the collector while exercising power under section 47 (2) of the act was duty bound to verify the genuineness of the proposal, i.e. ..... it was further argued that under section 47 (2) of the act the only duty assigned to the collector is that he shall send the proposal to the state government after satisfying himself and verifying that 3/4th councillors, as specified in sub-section (1), have tabled the .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2007(4)MPHT128(CG)
..... notice given under section 111, clause (h), is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting.illustrations(a) a, the lessor, gives b, the lessee ..... viewed from another angle, no suit for eviction of the tenant on ground available to the landlord under section 12(1)(a) of the act, 1961 could be instituted unless the tenant had failed to pay or tendered the whole of the arrears of rent legally recoverable from him within two months of the date on which ..... of the state on such dates as the state government may, by notification, appoint and different dates may be appointed for different areas and for different provisions of the act and thereupon the first schedule shall be deemed to have been amended accordingly.13. ..... relating to termination of tenancy by a quit notice under section 106 of the act, 1882 or the non-application of the act, 1961, the learned additional district judge, khairagarh recorded a finding that since the suit accommodation was situated in village gandai, the act, 1961 was not applicable to the suit accommodation. ..... not disputed that the suit accommodation, which is situated in gandai, tehsil chhuikhadan, district rajnandgaon does not fall within the first schedule of the chhattisgarh accommodation control act, 1961 (henceforth 'the act, 1961') and, therefore, the provisions of the act, 1961 were not applicable to the suit accommodation. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2009(1)MPHT55(CG)
..... admittedly, a sudden fight begun between the two friends on account of outraging the modesty of the wife of the deceased by the appellant and the act of the appellant was not premeditated because it is the case of the prosecution itself that both the friends consumed liquor in the house of the deceased and then they were taking their meals ..... section 354, ipc, she did not raise any point but she argued that in the facts and circumstances of the case, the act of the appellant will fall within the exception 4 of section 300, ipc and his conviction under section 302, ipc cannot be sustained ..... to section 300 reads as under:exception 4 : culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.explanation: it is immaterial in such cases which party offers the provocation or commits the first assault.13. ..... in the facts and circumstances of the case, in our considered opinion, the act of the appellant was not punishable under section 302, ipc and the appellant was entitled to get benefit of exception 4 of section 300, ipc and we think it proper to convict the appellant under section 304 ..... the state argued that since the root cause of quarrel was the act of the appellant who used criminal force to outrage the modesty of the wife of the deceased, therefore, the complexion of the consequent act of the appellant will change. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008(1)MPHT1(CG)
..... the lower appellate court, while affirming the judgment and decree under section 12(1)(b) of the act, 1961 passed by the trial court, stated in para 11 of the judgment as under:lozizfke vf/kfu;e] 1961 dh /kkjk 121ch ds vk/kkj ij ikfjr fu'dklu dh fmdzh ij fopkj djrs gs a vkyksp; fu.kz; dh dafm+dk 26 yxk;r 31 esa fd, x, lk{; fo'ys'k.k ,oa fu'd'kz ls ;g vnkyr lger gs a vr% lk{; dk iqu% fo'ys'k.k dj ..... in raising the pleadings in para 2 of the written statement have to be culled out as raising purely a question of necessary parties and not as an act, which is likely to effect adversely or substantially the interest of the landlord or as a disclaimer of tenancy. ..... was also submitted that for constituting a ground under section 12(1)(b) of the act, 1961, it is not necessary that sub-letting should continue on the ..... following two substantial questions of law:(a) whether the first appellate court erred in not appreciating the evidence on record relating to the ground of eviction of the tenant under section 12(1)(b) of the act and thereby fell into error while affirming the finding recorded by the trial court under section 12(1)(b) of the act without application of mind to the evidence led by the parties? ..... is accordingly answered that the pleadings of the appellant/defendant in para 2 of the written statement did not constitute denial of title of the landlord so as to provide a ground under section 12(1)(c) of the act, 1961 to the respondent/plaintiff for eviction of the appellant/defendant. .....
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