Court : Chhattisgarh
Reported in : 2004(3)MPHT22(CG)
..... legal scrutiny, the demand of dowry in respect of an invalid marriage would be legally not recognizable. even then the purpose for which sections 498a and 304b and section 113b of the evidence act were introduced can not be lost sight of. legislations enacted with some policy to curb and alleviate some public evil rampant in society and ..... shall be called 'dowry death', and such husband or relative shall be deemed to have caused her death'. therefore, in order to bring the particular act in the mischief of section 304b of the ipc the requirement is:--(i) the death of a woman is caused by burns or bodily injury or occurs otherwise than under normal circumstances ..... rushed to the village where he found his wife dead and lying on the cot. on receiving this report police registered the merg intimation and started enquiry under section 174 of the cr.pc. the statements of the witnesses namely, father of deceased chamruram, mother mantora bai, sister-in-law kamlabai and other witnesses were recorded .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2005Chh1; 2004(3)MPHT29(CG)
..... of respondent no. 3 society on the assumption that the society has failed to hold elections as provided under sub-section (8) of section 49 of the act. it is submitted that sub-section (8) (ii) of section 49 of the act, provides that if the committee of the society fails to hold elections and does not handover the charge on expiry ..... after deregistration of the said society; the petitioner has now ceased to be a representative of that society. in view of the provisions of sub-section (8) (i) of section 49 of the act, it was obligatory on the outgoing committee to hold the election prior to expiration of the term of the committee which shall be within the reasonable ..... 3rd january, 2002. thereafter, in view of the notification dated 28-10-2000, issued by the state of madhya pradesh under the provisions of sub-section (7-aa) of section 49 of the act, the term of all non-agricultural and non-credit societies was extended for a period of 12 months. therefore, the board of directors of the .....
Tag this Judgment!Court : Chhattisgarh
Reported in : [2005(106)FLR107]
..... even then the proviso applies only to those officers who are on deputation and only to the officers of the state services who are appointed as panchayat secretary under section 69 and it is not applicable to the panchayat karmis who are working as panchayat secretary. therefore, rules of 1999 were applicable in the case of the ..... that nothing in these rules shall apply to officers and servants of the state service who are posted under the panchayats under section 69 or are on lean service to the panchayats under section 71 of the act.' the petitioner in this petition has categorically stated that he was appointed as panchayat karmi on 15.12.95 and since ..... behalf of respondents 1 to 3 in which it has been stated that the petitioner has not filed the appeal, therefore, he has not availed the provisions of section 91 of the chhattisgarh panchayat raj avam gram swaraj adhiniyam, 1993. therefore, alternative remedy was available to the petitioner and he has directly approached to this court. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2004(4)MPHT56(CG)
..... the accused appellant guilty for assaulting deceased shiv ratan.7. learned counsel for the appellant argued that as per the evidence available on record, offence under section 302 of the ipc was not made out against the accused appellant for the reason that when the accused/appellant went to the house of dhansai for ..... , ambikapur. but he succumbed to the injuries on way to ambikapur hospital. merg intimation was given to the police station and the police converted the offence under section 302 of the ipc.3. after investigation, charge sheet was filed against the accused/appellant in the court of judicial magistrate, first class, surajpur, who in ..... , villagers collected there and shiv ratan was taken to pratappur hospital. the matter was reported by one salauddin to the police station, pratappur, where the offence under sections 294, 506, 323 and 307 of the ipc was registered. first aid treatment was given by the primary health centre, pratappur, and thereafter, shiv ratan was referred .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005(2)MPHT1(CG)
..... in substitution for the civil court for adjudicating upon claims for compensation arising out of the 'use of motor vehicles'. this is further made clear from section 110f of the act which states that no civil court shall entertain any question 'relating to any claims for compensation which may be adjudicated upon by the claims tribunal'. in ..... motor vehicle the tanker had fallen on one of its sides on sloping ground resulting in escape of highly inflammable petrol and that there was grave risk of explosion and fire from the petrol coming out of the tanker. in the light of the aforesaid circumstances, the learned judges of the high court have rightly concluded ..... the field of protection made available to the victims of an accident and is in consonance with the beneficial object underlying the enactment.36. was the accident involving explosion and fire in the petrol tanker connected with the use of tanker as a motor vehicle in our view, in the facts and circumstances of the present case, .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2005Chh17; 2005(2)MPHT61(CG)
..... and 227 of the constitution of india is always in addition to revisional jurisdiction conferred on it. the curtailment of revisional jurisdiction of the high court under section 115 of cpc by amendment act 46 of 1999 does not take away and could not have taken away the constitutional jurisdiction of the high court to issue a writ of certiorari to a ..... finally disposing of the suit or other proceedings. the exercise of revisional jurisdiction in such a case is taken away by the substitution of the proviso to section 115(1), cpc by the said amendment act 46 of 1999. in the said situation, it has been further held by the apex court that the power of the high court under articles 226 ..... ).the apex court further held in the matter of surya dev rai v. ram chander rai and ors., reported in (2003) 6 scc 675, that section 115 of cpc, as amended by the act 46 of 1999, docs not now permit a revision petition being filed against an order disposing of an appeal against the order of the trial court whether .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005(3)ARBLR412(NULL)
..... 13 of the policy. the application was registered as case no. 4-a/95. petitioner challenging the application submitted an application under section 33 of the arbitration act read with section 151 of the cpc for dismissal of application and proceedings as prayed for by the respondent, stating that respondent has been paid all ..... minutely examining the contentions and material, has passed the impugned order and dismissed the application filed by the petitioner under section 33 of the arbitration act, 1940 read with section 151 of the cpc, has acted in the exercise of its jurisdiction not only illegally but also with material irregularity.19. accordingly, the revision is ..... allowed and the impugned order passed by the lower court is set aside and the application filed by the petitioner under section 33 of the arbitration act, 1940 read with section 151 of the cpc is allowed and as a result thereof appointment of arbitrator and arbitration proceeding, if any, stands dismissed.20. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005CriLJ3284; 2005(2)MPHT68(CG)
..... bank which is an 'authority or body' controlled and aided by the government.12. in construing definition of 'public servant' in clause (c) of section 2 of the 1988 act, the court is required to adopt a purposive approach as would give effect to the intention of legislature. in that view statement of objects and reasons contained ..... employees or servants of a cooperative society, which is controlled or aided by the government, are covered by sub-clause (iii) of clause (c) of section 2 of the 1988 act. merely because such employees of cooperative societies are not covered by sub-clause (ix) alongwith holders of elective officers, high court ought not to have over looked ..... servant' in paras 8 and 12 of the judgment, has held as under :--'8. from the above quoted sub-clause (ix) of clause (c) of section 2 of the 1988 act, it is evident that in the expansive definition of 'public servant', elected office-bearers with president arid secretary of a registered co-operative society which is engaged .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005(3)MPHT37(CG)
..... . learned counsel for the appellant/defendant no. 1 submits that there is a presumption of correctness in the endorsement made by the sub- registrar under section 58 of the registration act, and it can be rebutted only by a cogent and strong evidence. in the present case also learned court below ought to have drawn this presumption ..... application for temporary injunction. he further submits that learned court below has recorded a finding that it is still to be decided whether the provision of section 2(2) of hindu succession act, 1956 are applicable in the present case or not.9. taking into consideration the rival contentions of the plaintiffs and defendant no. 2, the ..... 8. learned counsel for the appellant/defendant no. 1 submits that the plaintiffs and defendants are gond by cast and as per section 2(2) of the hindu succession act, the provisions of hindu succession act, is not applicable to them. he further submits that in paragraph 18 of the impugned order, even after recording a finding .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005CriLJ4461
..... in filing complaint is understandable and will not undermine the credibility of the complaint and evidence of the prosecutrix does not require any corroboration. section 114a was inserted in the evidence act to create a statutory presumption against consent, thereby casting the burden on the defendant in a trial to prove consent. in the year ..... and if any witness are left out to be examined then the investigating officer can also conduct investigation from them and after that investigation, to act according to the provisions of sections 161 and 173(8) of the cr. p.c.20. however, it is made clear that the order dated 22-12-2002 whereby ..... should be informed of their rights in seeking redress through such mechanisms.'in australian law, the victim of crime act, 1994 has made comprehensive provisions for securing the rights of the victims of crime. section 4 of the act lays down 'governing principles' stipulates that '...in the administration of justice, the following principles shall, as far .....
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