Court : Chhattisgarh
Reported in : 2007CriLJ4345; 2007(4)MPHT4(CG)
..... by the board were not complied with and thus all the accused persons have committed an offence which is punishable under the provisions of the act, 1981 and section 15 of the act, 1986.3. grievance of the petitioners is that learned chief judicial magistrate has issued summons against the petitioners mechanically without applying his mind. ..... ) and considering the averments made in the complaint of that case quashed the criminal proceedings against the accused persons against whom necessary averments required under section 40 of the act were absent. however, liberty was reserved that if the complainant board so chooses may file fresh complaint disclosing all those facts, which may fasten criminal ..... about the letter of annexure r-3 in the complaint and the same is filed for the first time in these proceedings. whether requirement under section 40 of the act, 1981 has been fulfilled for the issuance of process to the accused persons is to be adjudged only on the basis of the allegations made .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2007CriLJ4396; 2008(1)MPHT28(CG)
..... prisoner, hence, the observation of the trial court that the condemned prisoner made extra judicial confession is not admissible in evidence on account of sections 25 and 26 of the evidence act. there is no independent evidence to show that condemned prisoner made extra judicial confession before any witness which was not made in the presence of ..... . condemned prisoner deliberately gave false explanation to chandan sharma about the presence of these 3 victims. on the contrary, as per the provisions of section 106 of the indian evidence act, being house murder and condemned prisoner was in the house in the fateful night, during the day he was required to explain to chandan sharma ..... crime, then there was no occasion for him to give false explanation. this subsequent conduct of the condemned prisoner is admissible under section 8 of the indian evidence act. the condemned prisoner in his statement under section 313, cr. p.c. has stated that on the fateful day he left the house at about 6.30 a.m .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2009ACJ758; AIR2008Chh8
..... manner, the case law cited is distinguishable since the question involved therein was altogether in a different context.13. a 'light motor vehicle' is defined under section 2(21) of the act as under:section 2(21): 'light motor vehicle' means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor ( ..... supplied by us) or road-roller the unladen weight of any of which, does not exceed 7,500 kilograms.14. a 'tractor' is defined under section 2(44) of the act as under:section 2(44): 'tractor' means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but ..... excludes a road roller.15. a 'trailer' is defined under section 2(46) of the act as under:section 2(46) : 'trailer' means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle .....
Tag this Judgment!Court : Chhattisgarh
Reported in : [2008(117)FLR702]; 2008(1)MPHT103
..... urged in the alternative that the insurance company was not liable to pay penalty for default of payment of amount within one month as stipulated under section 4a of the act.6. the appeal is admitted on the following substantial questions of law:(1) whether the workman had suffered total permanent disablement due to the ..... driver and the amputation of the left hand had resulted in permanent total disablement, and therefore, the lower court ought to have awarded compensation under section 4(1)(b) of the act. reliance was also placed on radhamony and ors. v. secretary, deptt. of home affairs 1995 (1) labour law journal 376 and nagappa v ..... to the appellant/workman against the respondents, i.e., the employer and the insurance company, appellant/workman has filed this appeal under section 30 of the workmen's compensation act, 1923 (henceforth 'the act').2. the factual matrix not disputed in this appeal is as under:admittedly, the appellant/workman was under employment of the respondent no .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2007(4)MPHT115(CG)
..... .2. m.a. nos. 1019/2003, 1020/2003 and 1021/2003 have been filed by appellants baijnath, champa, pila dau, aadharmati and jhingur yadav under section 173 of the motor vehicles act, 1988 questioning legality and correctness of the award dated 31-7-2003 passed by the 2nd additional motor accidents claims tribunal, baloda bazaar in claim case nos. ..... , the apex court held that-an insurer is entitled to raise a defence in a claim petition filed under section 163a or section 166 of the motor vehicles act, 1988, inter alia, in terms of section 149(2)(a)(ii) of the said act.insurance companies, however, with a view to avoid their liability must not only establish the available defence(s) raised ..... be discharged, inasmuch as the same would depend upon the facts and circumstances of each case.14. therefore, the insurer can raise a defence under section 149(2)(a)(i)(a) of the act, 1988 that the vehicle in question at the time of accident was being used for hire or reward and the vehicle on the date of .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008CriLJ284
..... with knife. therefore, the evidence of this witness to that extent that he witnessed the crime while the accused was attacking the deceased cannot be believed because section 161 statement is foundation of the prosecution case. if any witness deposed contrary to that in his court evidence, same cannot be relied. therefore, evidence of ..... the case on transfer for trial.5. in order to establish the charges against the accused the prosecution examined 12 witnesses. statement of the accused was recorded under section 313, cr. p.c. in which he denied material appearing against him in the prosecution evidence.6. learned additional sessions judge after hearing learned counsel for ..... karnataka 2004 air scw 815 : 2004 cri lj 1391 the apex court held that:it is sufficient to justify a conviction under section 307 if there is present an intent coupled with some overt act in execution thereof. it is not essential that bodily injury capable of causing death should have been inflicted.29. in the instant .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008CriLJ736; 2008(2)MPHT100(CG)
..... except the four appellants all other accused persons have been acquitted, therefore, the appellants can be held responsible for their individual act as number of accused persons reduced to four, as such, the act of unlawful assembly goes away. section 149 of the i.p.c. provides that-if an offence is committed by any member of an unlawful assembly in ..... the only requirement is that the members of the assembly which constitutes five or more persons, have common object and that they acted as an assembly to achieve that object. therefore, in order to constitute offence under section 149 of the ipc sine qua non is that there must be assembly of five or more persons with a common object ..... . the only requirement is that member should have understood that the assembly was unlawful and was likely to commit any of the acts which fall within the purview of section 141. the word 'object' means the purpose or design and, in order to make it 'common', it must be shared by all. in other words, the object .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008CriLJ2668
..... the state,9. so far as dying declaration is concerned, the law is that it is an exception to the general rule against hearsay evidence elaborated in section 60 of the evidence act, 1872. the principle on which dying declaration is admitted in evidence is indicated in the legal maxim 'nemo moriturus proesumitur mentire - a man will not meet ..... an intimation to this effect was given to the police station, based on which, the first information report (ex-p/17) was registered. the statement of the deceased under section 181, cr. p.c. (ex.-p/20) was recorded. the site plan was prepared under ex.-p/18. another statement of the deceased was also recorded under ex.- ..... , 2002 passed by the sessions judge, bilaspur in s. t. no. 31/2001, whereby, the said court, after holding the accused/appellant guilty of offence punishable under section 302, i.p.c. and sentenced her to undergo imprisonment for life.2. the brief facts are that the deceased namely nashiruddin was husband of the accused chedin bai. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2008Chh13
..... earlier partition was evidenced by an unregistered partition deed will not render proof of the factum of that partition by other evidence inadmissible under section 91 of evidence act, because this section excludes oral evidence only in proof of the terms and not of the existence as a fact of a contract, grant or other ..... contract, grant or other disposition of the property, except the document itself, or secondary evidence of its contents where secondary evidence is admissible.17. section 91 of the evidence act is reproduced hereinbelow:91. evidence of terms of contracts, grants and other dispositions of property reduced to form of document.- when the terms of ..... best evidence of contents of the document is the document itself which could be proved by primary evidence by production of the original document. section 91 of the evidence act excludes the admission of oral evidence for proving the contents of the document except in cases where secondary evidence is allowed to be led. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2008CriLJ244
..... received by learned additional sessions judge for trial.5. during trial, the prosecution examined 12 witnesses in all. thereafter, statement of the accused was recorded under section 313 of cr. p.c. wherein he denied the circumstances appearing against him in the prosecution case and pleaded innocence and false implication. he took a ..... judicial dictionary, jowitt's dictionary on english law, words and phrases-permanent edition has been referred. referring stroud's definition of consent it is mentioned thus 'an act of reason, accompanied with, deliberation, the mind weighing, as in a balance, the good and evil on each side'. jowitt, while employing the same language ..... house as they had become suspicious of their relationship and were pressurizing parents of the prosecutrix for lodging the report as according to them because of the act of their daughter the village was being defamed and only thereafter, a false report was lodged against the appellant under pressure.11. reliance is placed .....
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