Court : Chhattisgarh
Reported in : 2006(2)MPHT24(CG)
..... .9. thereafter, a committee in the chairmanship of shri r.p. kapoor, i.a.s. (retd.) was constituted by the central government under section 43 of the reorganisation act to make recommendations to the central government for apportionment of the assets and liabilities of inter-state corporation/companies/state public sector undertaking in terms of provisions ..... the scheme as well as the shareholders and creditors thereof. it appears that in pursuance of the aforesaid powers, a scheme was constituted under section 59(3) of the act and was sent for certification to the central government. the central government vide its order dated 23rd june, 2003, certified the aforesaid scheme under ..... section 59(4) of the aforesaid act making it effective from first of april, 2003.8. sub-para (a) of para xvii of the aforesaid scheme provides that the members of .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2006Chh107
..... in support of his aforesaid submissions that the order 2004 is an order under sub-section (1) of the section 3 of the act and not an order under sub-section (2)(c) and (d) of section 3 of the act.40. sub-section (1) of section 3 and sub-section (2) clauses (c) and (d) on which the argument of mr. tiwari ..... d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal acquisition, use or consumption of, any essential commodity.under sub-section (1) of section 3 of the act a general power has been vested in the central government to make an order providing for regulating or prohibiting the production, supply and distribution of ..... not a provision for regulating by licences, permits or otherwise the transport of any essential commodity within the meaning of clause (d) of sub-section (2) of section 3 of the act. the aforesaid provision in sub-clause (10) of clause 5 of the order 2004 only provides that the concerned agencies engaged in transportation of .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(2)MPHT20(CG)
..... appeal.8. learned counsel for the appellant has further argued that the documents of ex. p-l and p-2 are in fact bonds as defined in section 2(5) of indian stamp act as it bear the signature of a witness and is not a promissory note. in support of his contention he relies upon the judgment of full bench of ..... of institution of the suit till repayment of loan amount, has been refused on the ground that the plaintiff has not complied with the mandatory provisions of sections 3 and 7 of the money lending act and interest at the rate of 6% per annum over rs. 25,000/- from the date of institution of the suit till the repayment has been ..... madandas panika and anr..9. in the aforesaid judgment the definition of bond as given in section 2(5) and promissory note as given in section 2(22) of the indian stamp act and further the definition of promissory note under section 4 of the negotiable instrument act have been reproduced and thereafter it has been held as under:--the essentials of a promissory note .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ3263
..... of either sex, or even to person of more advanced years thoughts of most impure and libidinous character.12. if we examine the act in question, section 3 of the act in nutshell prohibits for publication or causing for publication or arranging or taking part in publication or exhibition of any advertisement which contains 'indecent ..... representation of women' in any form. the expression 'indecent representation of women' has been defined in section 2(c) of the act which reads as under:2. definitions - in this act, unless the context otherwise requires,-(a) and (b) xxx xxx xxxxxx(c) 'indecent representation of women : means the depiction ..... the same time, if this court comes to the conclusion that prima facie material is there, offending the provisions of the aforesaid act, the prosecution cannot be quashed exercising jurisdiction under section 482 of cr. p.c.9. for examining the matter on merits certain principles are required to be looked into. the apex .....
Tag this Judgment!Court : Chhattisgarh
Reported in : [2006]145STC185(NULL)
..... tax act, section 19-a of the karnataka sales tax act and section 13-aa of the orissa sales ..... and similar provisions are enacted in the sales tax acts of other states, for example, section 6d of the uttar pradesh trade tax act, section 6-e of the bengal finance (sales tax) act, 1941, section 25a of the bihar finance act, 1981, section 25b of the haryana general sales tax act, section 12-a of the himachal pradesh general sales tax act, section 16-c of the jammu & kashmir general sales .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ2299
..... the facts and circumstances of the case, i am of the considered opinion that none of the conditions necessary for refusing to grant fail to the juvenile offender under section 12 of the act exist in the present case. the applicant is, therefore, in my considered opinion, entitled to be released on bail. this criminal revision is allowed. order dated ..... below have not given any cogent reasons which would go to show that one of the conditions necessary as aforesaid exist, for refusing to grant bail under section 12 of the act.5. upon a careful perusal of the case diary, it appears that no report was lodged on the date of occurrence since a compromise had been effected ..... defeat the ends of justice. thus, the existence of one of the three conditions mentioned above was a sine qua non for refusing to grant bail under section 12 of the act. learned counsel drew my attention to the order dated 23-11-2005 passed by the juvenile justice board which shows that juvenile justice board has refused to .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ2085
..... had committed forceful sexual intercourse with the prosecutrix.7. having heard the rival contentions, i have perused the record. for constituting an offence of rape under section 376(2)(f), it is essential for the prosecution to establish beyond doubt that the age of the prosecutrix on the date of occurrence was less than ..... swelling was present in the vagina and the prosecutrix was complaining of pain. the medical evidence read with wholly unrebutted testimony of the prosecutrix clearly proves the act of penetration by the appellant while committing sexual intercourse with the prosecutrix. inspector mukti tirki p.w.9 has proved the seizure of the chaddi worn by ..... by the prosecution. in cross-examination in answer to the only question asked by the defence, the prosecutrix has stated that by 'bakni' she meant the act of the appellant in removing her underwear. no further question was asked by the defence to the prosecutrix. the testimony of the prosecutrix is thus wholly unrebutted .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2006Chh65
..... nayak, c.j.1. the petitioner is a litigant in a dispute which has arisen under the provisions of chhattisgarh co-operative societies act, 1960 (for short 'the act'). sub-section (2) of section 67 of the act mandates that no party shall be represented at the hearing of a dispute by any legal practitioner, except with the permission of the ..... the co-operative societies as well as the registrar of the co-operative societies, raipur did not exercise the discretion vested in them under sub-section (2) of section 67 of the act judiciously and fairly. on the other hand, learned counsel for union of india and the 6th respondent would support the impugned orders.5. having ..... have granted permission to the petitioner to engage the services of a counsel to prosecute his case by exercising discretion in his favour under sub-section (2) of section 67 of the act. we have perused the application made by the petitioner, opposition raised by the 6th respondent-co-operative society and the orders made by the .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ2829
..... . and sentenced him to undergo r.i. for five years and a line of rs. 500/- and in default to undergo simple imprisonment for four months under section 366, i.p.c.2. being aggrieved by the above mentioned judgment, the appellants-vijay and bhuvneshwar have preferred criminal appeal no. 1021/2001 and appellant-kirtiwas has ..... was undressing her or while he was undressing himself she had shouted. the prosecutrix did not mention about the role played by the appellant-vijay during the sexual act by the appellant-bhuvneshwar. similarly, the prosecutrix has stated that when vijay was committing rape on her, appellant-bhuvneshwar was also inside the room. she admitted ..... were falsely implicated.9. it was also contended in the alternative during arguments by defence before the trial judge that it could not be ruled out that the act of sexual intercourse, if any, by the appellants vijay and bhuvneshwar with the prosecutrix was with her consent. the learned trial judge negatived the contentions raised .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ2762
..... 1989 delivered by shri k. l. kori, 1st additional sessions judge, raipur in sessions case no. 212/1987 whereby the appellant was convicted under section 376, 1pc and was sentenced to undergo rigorous imprisonment for seven years.2. briefly stated the prosecution story is that the appellant was working as teacher ..... appellant after undressing her completely, undressed himself and closing the door made the prosecutrix to lie on the ground and mounting upon her completed the sexual act and ejaculated the semen. when the appellant penetrated his penis inside the vaginal orifice of the prosecutrix, she experienced severe pain and shouted. the appellant ..... gagged her mouth. after completing the sexual act, he cleaned his penis with his handkerchief. the prosecutrix also narrated that: due to the forceful intercourse by the appellant she was experiencing severe pain .....
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