Court : Chhattisgarh
(Petition u/S 482 of the Cr.P.C) 1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") has been filed by the petitioners for quashing FIR dated 29.5.2005 registered under Crime No. 194/05 and all connected criminal proceedings by police of Police Station-Bhilai Nagar, District Durg, alleging commission of offence under Section 304-B and Section 498-A read with Section 34 of the IPC. 2. The relevant and necessary facts giving rise to instant petition are that petitioner No.1- Manoj Kumar Sharma was married to Nandani, daughter of R.P. Sharma on 27.4.1999. While the deceased Nandni Sharma was residing with her husband-petitioner No.1, she died in suspicious circumstance on 20th September, 1999. An information in writing (Annexure P-1) regarding death of Nandani was sent to the Station House Officer of Police Station - Mullana, Ambala Cantt. on that very date i.e. 20th September, 1999 by one P.S. Ghosh, Flying Officer, Security ...
Tag this Judgment!Court : Chhattisgarh
CAV Order: 1. Father of our Nation said: - To deprive a man of his natural liberty and to deny to him the ordinary amenities of life is worse than starving the body; it is starvation of the soul, the dweller in the body. Mahatma Gandhi 2. Complaining infringement of their fundamental right guaranteed under Article 21 of the Constitution of India i.e. protection of life and personal liberty, the petitioners herein, who are two in numbers, have filed this writ petition stating inter alia that they have been unlawfully and illegally detained by respondents No.2 and 3 for 113 days depriving them of their personal liberty and therefore, they are entitled for monetary compensation from the respondents jointly and severally, and also seek a direction for holding departmental action for illegal detention against respondent No.2/respondent No.3. 3. The writ petitioners have sought the above-stated relief(s) on the following factual backdrop:- 3.1) The petitioners herein were charge-sheeted an...
Tag this Judgment!Court : Chhattisgarh
CAV Order 1. Magnificent question of law that has cropped up for consideration in this writ petition is whether the State W.P.(S)No.1762/2014 Government is justified in impliedly excluding married daughter of the affected/displaced family from consideration for employment under the Chhattisgarh State Model Rehabilitation Policy, 2007, as amended, on the ground of her marriage. 2. The above-stated question of law arises for consideration in the following factual matrix of the case: - 3. The petitioner's father Itwar Singh was the owner of land bearing Khasra Nos.73/2, 105/1 and 106/2, total area admeasuring 1.16 acres situate at Village Madwamouha, Tahsil Katghora, District Korba. These lands were acquired by the State Government in exercise of the provisions contained in the Land Acquisition Act, 1894 (for short 'the LA Act') for dumping ash products oozing out from the power unit owned by respondent No.2 Chhattisgarh State Electricity Production Company Limited and ultimately, award w...
Tag this Judgment!Court : Chhattisgarh
CAV Order: 1. Renowned issue that emanates for consideration in this writ petition is whether the employer (petitioners herein) is justified in forfeiting the amount of gratuity payable to the employee (respondent herein) on the ground of his dismissal from service without his conviction by jurisdictional criminal Court for an offence involving moral turpitude within the meaning of Section 4 (6) (b) (ii) of the Payment of Gratuity Act, 1972 (hereinafter called as PG Act ) ? 2. The above-stated question arises for consideration in the following factual matrix incorporated hereinbelow:- (i) The respondent/employee of the petitioner-Bank was charge-sheeted for having unauthorizedly accessed storage data of Saving Bank Accounts of depositors with a fraudulent intention and upon conclusion of full-fledged departmental inquiry, disciplinary authority by its order dated 31.8.2010 reached at a finding, agreeing with enquiry report, that the employee has caused by his misconduct, irreparable da...
Tag this Judgment!Court : Chhattisgarh
Cav Order 1. Epochal question that falls for consideration is whether an Advocate who has put in seven years practice and thereafter, appointed as Assistant District Prosecution Officer, who is a full-time salaried employee of the State Government and governed by the statutory rules of the State, is eligible for appointment on the post of District Judge (Entry Level) under Article 233 (2) of the Constitution of India. 2. The High Court of Chhattisgarh respondent No.1 issued advertisement inviting applications for recruitment on the post of District Judge (Entry Level) by holding District Judge (Entry Level) Direct Recruitment Examination, 2013, laying down the eligibility criteria that a candidate is held to be eligible if he has been for at least seven years in continuous practice as an Advocate on the first day of January, 2013 in accordance with Article 233 (2) of the Constitution of India and Rule 7 (i) (c) of the Chhattisgarh Higher Judicial Service (Recruitment and Conditions of ...
Tag this Judgment!Court : Chhattisgarh
1. This petition under Article 226 of the Constitution of India has been listed for hearing on office objection regarding maintainability of the writ petition. An objection has been raised by the Registry that the writ petition filed against the order passed by the Board of Revenue, Chhattisgarh, should have been preferred under Article 227 of the Constitution of India and not under Article 226 of the Constitution. 2. The petitioner is aggrieved by the order passed by the Board of Revenue, Chhattisgarh on 17.7.2015 allowing the review application filed by the State. 3. Learned counsel for the petitioner would argue that the writ petition having been preferred against an order passed by the authority exercising power of judicial review but not being a civil Court, the writ petition under Article 226 of the Constitution has rightly been filed. He would further submit that it is the right of the petitioner to elect or choose a remedy against the order of subordinate Court or Tribunal i.e....
Tag this Judgment!Court : Chhattisgarh
Cav Order 1. The applicant No.1 at the relevant time was working as a Regional Officer in Central Regional Office AICT Bhopal on deputation and the applicant No.2 at that time was working as an Associate Professor in Maulana Azad National Institute of Technology, Bhopal. The applicant No.1 had allegedly sent ineligible members including applicant No.2 with the team of expert committee for the purpose of inspection, whereas the applicant No.2 is alleged to have obtained huge illegal gratification from the private educational institute to extend favour in the inspection as a member of expert committee and consequently both are facing trial for offences punishable under Sections 7, 13(2) read with 13(1)(d) and 13(1)(a) of the Prevention of Corruption Act, 1988 (hereinafter called as PC Act) and Section 120-B of the Indian Penal Code (hereinafter called as IPC ). 2. The Director (Dr. Appu Kuttan K.K.), Maulana Azad National Institute of Technology, Bhopal being authority competent to remov...
Tag this Judgment!Court : Chhattisgarh
Cav Order: 1. Both these petitions arise out of the order dated 20.10.2014 passed in Criminal Revision separately filed against the order dated 18.09.2014 passed by the Court of Judicial Magistrate First Class, Pamgarh, District Janjgir Champa, Chhattisgarh. Since the questions of law and facts involved in both these petitions are similar, they are being disposed of by this common order. 2. Briefly stated facts of the case are that the petitioner M/s. A.K.R. Transport filed two complaint cases under Section 138 of the Negotiable Instruments Act, 1881 (for short N.I. Act) with the averments that respondent M/s. Kamakshi Shipping had handed over two Post Dated Cheques (PDC) - one amounting to Rs.4,90,000/- in Cr.M.P.No.620/2015 and the other amounting to Rs.2,45,000/- in Cr.M.P.No.650/2015 drawn in favour of complainant/ petitioner herein in the month of February, 2014. The cheques were post dated of 10.04.2014. The cheques were drawn on ICICI Bank, Visakhapatnam, who was the banker of M...
Tag this Judgment!Court : Chhattisgarh
CAV Order: 1. Invoking the jurisdiction of this Court under sub-section (2) of Section 439 of the Code of Criminal Procedure, 1973 (for short Cr.P.C. ), the petitioners herein seeks cancellation of bail granted to the respondent No.2 herein in M.Cr.C.No.6415 of 2014 on 4.12.2014 under Section 439 of the Cr.P.C. for the offence punishable under Sections 304 and 304-A of the IPC claiming to be the victims of the Sterilization Operation conducted by the respondent No.2. 2. In an application filed under Section 439(2) of the Cr.P.C., the petitioners herein averred that regular bail under Section 439 of the Cr.P.C. was granted to the respondent No.2 by this Court, rather he obtained bail by suppression and misrepresentation of facts and this Court also considered irrelevant material of a substantial nature. It has been further pleaded that additional new adverse facts have also surfaced after grant of bail to the respondent No.2 as viscera reports of the victims made available after chemica...
Tag this Judgment!Court : Chhattisgarh
1. Since all the above applications have arisen out of the same crime number, therefore they are being disposed of by this common order. 2. The accused/applicants have moved these bail applications under Section 439 of the Code of Criminal Procedure, 1973 for releasing them on regular bail during trial in connection with Crime No.9/2015 (Special Case No.794/2015) pending in the Court of Special Judge under the Prevention of Corruption Act, Raipur, registered at Police Station Anti Corruption Bureau, Raipur for the offence punishable under Sections 11, 13 (1) (d), 13 (2) of the Prevention of Corruption Act, 1988 (for short 'the Act'); 109, 120B, 409 and 420 of the IPC. M.Cr.C.No.3094/2015 3. Case of the prosecution, in brief, is that the applicant namely Sudhir Kumar Bhole while working as Assistant Accounts Officer in the Office of the Chhattisgarh State Civil Supplies Corporation as on 4-5-2012 entered into criminal conspiracy with other co-accused persons and accepted sub-standard ri...
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