Court : Chhattisgarh
Decided on : Dec-04-2006
Reported in : II(2007)DMC797; 2007(1)MPHT127(CG)
..... the absence of such circumstances'. of course, the basic ingredients of the offence has to be proved by the prosecution. the burden contemplated under section 105 of the evidence act can be discharged by bringing some material on record, i.e., by producing documentary evidence, medical evidence, other defence witnesses or by cross- ..... harassment by police accused may make confession. in such a case, there will be every chance of failure of justice. the provisions of section 24 of the evidence act which contemplate that when confession appears to the court has been caused by any inducement, threat or promise having reference to the charge against ..... judicial confession was made by accused girjabai in presence of hawaldar and dwarika prasad tandon, police officials, therefore, extra judicial confession is hit by section 25 of the evidence act and same is not admissible in evidence.11. on the other hand, learned counsel for the state/respondent argued that as extra judicial confession .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Dec-01-2006
Reported in : AIR2007Chh36; 2007(1)MPHT65
..... deceased rajan yashpal, who is claiming the property to be of her own. there is a serious dispute regarding property found inside the locker.10. under section 373 of the act, in case of complication, the court has been empowered to issue succession certificate if the applicant appears to be the person having, prima facie, the best ..... divorce agreement in accordance with their custom. non-applicant no. 2 namely vikki is not son of rajan yashpal. she also filed an application under section 372 of the act for grant of succession certificate in her favour for access to locker and recovery of ornaments kept therein. both the applicants were filed before the civil ..... yashpal and non-applicant no. 2 vikki claiming himself to be a minor child of rajan yashpal filed an application for grant of succession certificate under section 372 of the act, for access to the locker and to receive the ornaments kept therein. applicant vimala devi claiming herself to be the mother of deceased rajan yashpal pleaded .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Nov-14-2006
Reported in : 2007CriLJ220
..... see that the victim had no escape. one does not count his strokes he commits murder. this does not necessarily prove that the accused was doing the act under some hallucination.(g) evidence act (1872), sections 101, 105,. 4 - case of homicide - plea of insanity - burden of proof - (s) air 1956 nag 187, overruled.it is fundamental principle of ..... the test of 'prudent man', the accused will have discharged his burden. the evidence so placed discharged may not be sufficient to discharge the burden under section 105 of the evidence act but it may raise a reasonable doubt in the mind of a judge as regards one or other of the necessary ingredients of the offence itself. it ..... the ipc stands discharged.18. it is pertinent to mention that even if the evidence placed on record is not sufficient to discharge the burden under section 105 of the evidence act, but may raise a reasonable doubt in the mind of judge as regards one or other necessary ingredients of the offence including the mens rea of .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Oct-04-2006
Reported in : 2008ACJ1082
..... , c.j. in all these appeals, i.e., m.a. nos. 730 731, 722, 728, 723 and 729 of 2006 preferred by insurance company under section 173 of motor vehicles act, 1988 (for short 'the act'), the only question raised and argued is that though the motor accidents claims tribunal has rightly held that the appellant insurance company is under no legal ..... 729 of 2006, in the facts and circumstances of the case and the evidence on record, could be regarded as just and reasonable compensation within the contemplation of the act and if not, what is just and reasonable compensation?point no. (i):this point need not detain the court for long because this point is squarely covered by the ..... is also on lower side.6. having heard learned counsel for the parties, the following two points arise for decision:(i) whether the m.a.c.t. has acted legally in directing the appellant insurance company to pay the compensation to the claimants in the first instance and then to recover the same from the owner of the motor .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Aug-31-2006
Reported in : 2006(4)MPHT15
..... a discretionary relief and is not given merely because it is legal but it is governed by sound judicial principles. the circumstances referred to in sub-sections (2) to (4) of section 20 of the specific relief act, in regard to exercise of discretion for granting a decree for specific performance are not exhaustive. in a suit for specific performance, the evidence and ..... . setty and ors.8. in : air2006sc1144 , h.p. pyarejan v. dasappa (dead) by l. rs. and ors. it has been held by the apex court that the basic principle behind section 16(c) read with explanation (ii) is that any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to ..... exercise would be redundant in view of what has been stated above.13. in the opinion of this court, the appeal involves no substantial question of law for consideration under section 100 of the code of civil procedure and the same is dismissed at the motion stage itself. .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Aug-10-2006
Reported in : AIR2006Chh149
..... is discretionary relief and is not given merely because it is legal but it is governed by sound judicial principles. the circumstances referred to in sub-section (2) to (4) of section 20 of the specific relief act, in regard to exercise of discretion for granting a decree for specific performance are not exhaustive. in a suit for specific performance, the evidence and ..... selected from the decided cases.11. in : air2006sc1144 h. p. pyarejan v. dasappa (dead) by l.rs. it has been held by the apex court that the basic principle behind section 16(c) read with explanation (ii) is that any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to ..... s.k. sinha, j. 1. this is the defendant's first appeal filed under section 96 of the code of civil procedure. it arises out of the judgment and decree dated 14-10-1993 passed by second addl. district judge, bilaspur, in civil suit no. .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Jun-14-2006
Reported in : 2006CriLJ3205
..... intercourse. the ornaments alleged to have been removed from the person of the prosecutrix were not recovered during investigation. after completion of investigation, the appellant was prosecuted under section 392 & 376(2)(g) of the i.p.c. co-accused sonsingh was declared to be absconding.3. the appellant abjured the guilt, pleaded innocence and ..... many as 8 witnesses. relying upon the evidence led by the prosecution and finding the testimony of the prosecutrix trustworthy, the learned trial judge convicted the appellant under section 376(2)(g) of the ipc and awarded sentence as mentioned in paragraph 1.4. shri prafull bharat, learned counsel appearing for the appellant, has argued ..... steps. she further stated that the appellant-lakhmu had committed rape on the prosecutrix for about an hour followed by co-accused sonsingh who also committed the sexual act for an hour. medical evidence of dr. smt. a, chandra does not reveal that there was any injury on the back of the prosecutrix. it appears .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Apr-24-2006
Reported in : AIR2007Chh7
..... . on october 10, 1968, a news items appeared stating that the respondent-state had decided to give exemption from sales tax for a period of three years under section 4a, uttar pradesh sales tax act, 1948 to all new industrial units in the state. on october 11, 1968 the appellant wrote to the director of industries stating that in view of the ..... him to do so, having regard to dealings which have taken place between the parties. the doctrine of promissory estoppel is now well established in the field of administrative law. section 115 of the evidence act is also more or less, couched in a language which conveys the same expression. however, even where the case does not fall under ..... section 115 of the evidence act, promissory estoppel can still be invoked. the essence of the doctrine is that a man should keep his words, all the more so when the promise is not. a bare .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Apr-18-2006
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 .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Mar-25-2006
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 .....
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