Court : Chhattisgarh
Reported in : 2007CriLJ2475
..... the court cannot examine and scrutinize the record of the case in order to ascertain the veracity of the f.i.r. or the complaint. the provisions of section 18 of the act, 1989 put a complete bar against the entertainment of an application for anticipatory bail where prima facie the contents of the f.i.r. disclose the ingredients of ..... that the offence was committed because the complainant belonged to scheduled castes, it cannot amount to an 'accusation' of an offence within the meaning of section 18 of the act so as to bar an application under section 438, cr. p.c.10. the high court of orissa has also held in the matter of ramesh prasad bhanja v. state of orissa ..... 31-3-2000 in darri police station which was recorded in rosnamcha sanha no. 1279. later on, an offence under section 376 read with section 34. i.p.c. and section 3(2)(v) and 3(l)(xi) of the special act was registered and after investigation the charge-sheet was filed against the co-accused persons munnu dubey and radha devi on .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2007Chh120
..... high court erred in holding that state had to give such dealers prior notice of the said policy-decision - constitution of india, article 19(1)(g) essential commodities act 1955, section 3.b. administrative law - administrative action - policy - where as a policy-decision the govt. decided to bifurcate fair price shops and reduce the number of ration cards ..... reservation in favour of any category of specified agencies and the guidelines to be followed for making the allotment of fair price shops as indicated in section 3 of the act and the order 2004 is that fair price shop would be allotted to an agency specified in the order 2004 which can best distribute essential commodities ..... reads as below:55. the commissioner of excise issued a circular letter dated 14-2-2005 which power evidently he did not possess in terms of section 7 of the act. although the state may delegate its power to the commissioner of excise, such a delegation cannot be made in relation to' the matters contained in .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2007(3)MPHT36(CG)
..... case on transfer for trial.3. the prosecution examined 14 witnesses in order to establish the charge against the accused-appellant. statement of the accused was recorded under section 313 of cr.pc in which he denied the material appearing against him and stated that he has been falsely implicated by his family members in the crime in ..... additional sessions judge, raigarh in s.t. no. 142 of 1998, whereby the learned additional sessions judge after holding the accused appellant guilty for commission of offence under section 302 of the indian penal code, sentenced him to undergo imprisonment for life and to pay a fine of rs. 500/-, in default of payment of fine, to ..... now ingrained in our legal system and has become part of the rule of law. under clause 'thirdly' of section 300, ipc, culpable homicide is murder, if both the following conditions are satisfied : i.e. (a) that the act which causes death is done with the intention of causing death or is done with the intention of causing a bodily .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2007CriLJ2846
..... .from the explanation reproduced above it is distinctly clear that ingredients which are essential for proving a charge of rape are the accomplishment of the act with force and resistance. to constitute the offence of rape neither section 375, ipc nor the explanation attached thereto require that there should necessarily be complete penetration of the penis into the private part of the ..... the absence of penetration to any extent, it would not bring the offence of the appellant within the four corners of section 375 of the ipc. therefore, the basic ingredients for proving a charge of rape are the accomplishment of the act with force. the other important ingredient is penetration of the male organ within the labia majora or the vulva or .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2007(3)MPHT42
..... so long he was with the accused persons was known to them alone which they failed to explain' and in these circumstances, drawing presumption under sections 114, 101 and 106 of the evidence act, it was held that 'the accused had murdered the deceased'. however, in the instant case, which is based on the circumstantial evidence, the ..... open for the high court to have fallen back on the rule of burden of proof under section 106 of the evidence act. in fact, as we notice, it was nowhere the case of the prosecution that section 106 of the evidence act applied to the facts on record. the high court seems to have brought it out on ..... 72/2000 by the additional sessions judge & special judge under the scheduled caste & scheduled tribe (prevention of atrocities) act, 1989, bilaspur whereby learned additional sessions judge after holding the appellant guilty for commission of offence under sections 363 and 302 of the indian penal code (for short 'the ipc'), sentenced him to undergo ri for three years, .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008ACJ903; AIR2007Chh72; 2007(3)MPHT82
..... of arguments as unjust or improper and the challenge made by the owner does not appear to be acceptable in view of the aforesaid discussions.8. section 169 of the act, 1988 pre scribed summary procedure for enquiry of claims. rules framed by the state for enquiry of claims by claims tribunal although made applicable several ..... and came beneath the tractor's engine and succumbed to those on the spot. the claimants, who are legal representatives of the deceased, filed an application under section 166 of the act, 1988 for compensation against non-claimants no. 1 to 3, who are driver, owner and insurer of the offending vehicle.4. non-claimants no. 1 ..... against non-claimants no. 1 and 2, who are driver and owner of the vehicle. feeling aggrieved claimants have filed appeal under section 173 of the motor vehicles act, 1988 (for short 'the act, 1988') for enhancement of the compensation and also questioning the exoneration of insurance company from payment of compensation amount. owner of the .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008ACJ1946; AIR2007Chh107
..... representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application.sub-section (2) of section 166 of the act envisages thatevery application under sub-section (1) shall be made, at the option of the claimant, either to the claims tribunal having jurisdiction over the area in ..... contain a separate statement to that effect immediately before the signature of the applicant. 9. therefore, in terms of clause (c) of sub-section (1) of section 166 of the act in case of death, all or any of the legal representatives of the deceased become entitled to compensation and any such legal representative can file ..... in that background where a legal representative who is not dependent files an application for compensation, the quantum cannot be less than the liability referable to section 140 of the act. therefore, even if there is no loss of dependency the claimant if he or she is a legal representative will be entitled to compensation, .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2007CriLJ3246
..... not been able to prima facie make out offence against the accused, because the material collected by the prosecution does not satisfy ingredients and requirements of section 306 read with section 107 of the i. p. c, in order to constitute offence against the accused/applicant. he further submitted that therefore the impugned order framing ..... any other alternative but to commit suicide. in order to constitute the offence under section 306 of the i. p. c. for any act or omission, there must be an intention or knowledge or mens rea of the accused that by his act the deceased had committed suicide. maurya inspected the godown and the record in ..... section 107 of the i. p. c. it is necessary that the prosecution must prima facie establish with material that the accused/ applicant had instigated the deceased by his acts or illegal omission or with continued course of conduct which compelled the deceased to commit suicide and the deceased was left with no alternative but to commit suicide. the act .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2007CriLJ3328
..... penetration to any extent, it would not bring the offence of the appellant within the four corners of section 375 of the i. p. c. therefore, the basic ingredients for proving a charge of rape are the accomplishment of the act with force. the other important ingredient is penetration of the male organ within the labia majora or the ..... 17. the conviction and sentence awarded to the appellant under section 376(2)(f), i. p. c. are set aside. he is convicted under section 376(2)(f) read with section 511,i. p. c. and sentenced to ..... would not be made out, instead, it would fall under section 376(2)(f) read with section 511, i. p. c. as the appellant had prepared himself for commission of rape and in furtherance, he laid down on the prosecutrix resulting into pre-penetration emission and his act would be an act of attempt to commit rape and i hold it accordingly. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2007(4)MPHT54(CG)
..... could be filed against the tenant for his eviction on any one or more of the grounds mentioned therein. clauses (e) and (f) of sub-section (1) of section 12 of the act are as under:12. restriction on eviction of tenants.--(1) notwithstanding anything to the contrary contained in any other law or contract, no suit shall be ..... error in ignoring the pleadings and the amended plaint and schedule map and was wholly unjustified in granting a decree for eviction of the appellant/defendant under section 12(1)(e) of the act. the impugned judgment and decree, being wholly contrary to law, is liable to be set aside.(emphasis supplied by me)14. it is true ..... . the plaintiff had specifically deposed that she required the accommodation only for her residence. therefore, a decree for eviction of the appellant/defendant--tenant under section 12(1)(e) of the act could not be granted under law. it was also urged that the pleadings of the respondent/plaintiff did not specifically show the purpose for which the .....
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