Court : Chhattisgarh
..... 2) the correctness of the aforesaid judgment came to be considered by the supreme court in case of jacob mathew v. state of punjab and another ((2005) 6 scc 1), wherein their lordships of the supreme court considered elaborately various aspects of the medical negligence on the part of medical professional and summed up ..... of torts, ratanlal and dhirajlal (edited by justice g.p. singh), referred to hereinabove, holds good. negligence becomes actionable on account of injury resulting from the act or omission amounting to negligence attributable to the person sued. the essential components of negligence are three: duty , breach and resulting damage . (2) negligence in ..... negligence. (23) the sole question in order to establish gross negligence on the part of medical professional in diagnosis /treatment would be whether he has acted with reasonable competence and the course of action chosen by him was acceptable to the medical profession / science. in this regard the following judgments of the .....
Tag this Judgment!Court : Chhattisgarh
..... is to the judgment of conviction and order of sentence dated 3-8-2006 passed by the 3rd additional sessions judge (fct), ambikapur, in sessions trial no.168/2005, whereby and whereunder learned additional sessions judge, after holding the appellant guilty for commission of culpable homicide amounting to murder of 4 years aged child aakash and ..... so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. in case of circumstantial evidence, motive plays great role in commission of offence but the prosecution has utterly failed to ..... obtain the signature of an accused in any statement attributed to him while preparing seizure memo for the recovery of any article covered by section 27 of the evidence act. but, if any signature has been obtained by an investigating officer, there is nothing wrong or illegal about it. hence, we cannot find any force in .....
Tag this Judgment!Court : Chhattisgarh
..... possession over the suit house. the above plea was taken by the appellants in the instant suit on 15.01.1998 by amending the written statement when the division bench of high court of madhya pradesh has dismissed the l.p.a.no.83/1988 vide ..... /plaintiff and her father sheoshankar. after the judgment and decree of the high court of m.p., the appellants herein preferred letters patent appeal no.83/1988. the respondent/plaintiff gave notice dated 29.11.1988 to the appellants for vacating the suit house (ex. ..... in the instant suit. 11) the supreme court, in the case of swamy atmananda and others v. sri ramakrishna tapovanam and others, (2005) 10 scc 51, has held in paragraphs 26 and 27 as under: "26. the object and purport of the principle of res ..... 12 years after termination of licence does not enable the licensee to claim title by adverse possession. there must be some overt act on the part of the licensee indicating assertion of hostile title. it is possible that the licensor may not file an action .....
Tag this Judgment!Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
..... and other requisite documents whatsoever and file them in any court, tribunal or office in connection with central excise act, finance act, customs act, income tax act, the state sales tax / vat act, central sales tax act, entry tax act, professional tax act." 10. looking to the above document, it appears that shri b.b. shrivastava, general manager (taxation and ..... 1. to apply for registration, renewal / amendment of registration certificates as may be necessary for the business of the company under the provisions of central excise act, finance act, custom act, income tax act, state sales tax / vat, central sales tax act, 1956, entry tax and professional tax act and any other act of similar nature of taxes. 2. .............. 3 ..... the same may affect the interests of the parties adversely." 29. in the case of united india insurance co. ltd vs m/s harchand rai chandan lal 2005 (1) cpr 64 (sc), hon'ble supreme court, has observed thus :- 6. the terms of the policy have to be construed as it is .....
Tag this Judgment!Court : Chhattisgarh
..... 636 (g. sagar suri and another vs. state of u.p. and ors.), 2000 (8) scc 590 (roy v.d. vs. state of kerala), 2005 (1) scc 122 (m/s zandu pharmaceutical works ltd. and ors.vs. md sharaful haque and anr.), 2006 (6) scc 736 : 2006 air scw ..... is essentially a matter for trial. while exercising jurisdiction under section 482 of the code, it is not permissible for the court to act as if it was a trial judge." 25. in our judgment, the above observations cannot be read to mean that in a criminal ..... adopted by the high court, in following words" "10. the high court, therefore, should have posed a question as to whether any act of inducement on the part of the appellant has been raised by the second respondent and whether the appellant had an intention to cheat him ..... person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to .....
Tag this Judgment!Court : Chhattisgarh
..... the meanwhile, charge sheet was filed against the petitioner for offence under sections 409 and 436 of the ipc on 11.3.1996. by a judgment dated 14.6.2005 in st no.371/99, the 9th asj (ftc) bilaspur acquitted the petitioner. 3. according to the petitioner, the bda continued the departmental equiry during pendency ..... defalcation and the receipt books and collection registers were evidence, which would have nailed him. charge no.(3):- in this charge, it is mentioned that because of acts and omissions committed by the petitioner, the credibility and reputation of the bda has suffered jolt. the enquiry officer found that since the petitioner has committed defalcation ..... manager of washi turbhe branch, failed to discharge his duties with utmost integrity, honesty, devotion and diligence to ensure and protect the interest of the bank and acted in a manner unbecoming of a bank officer. the aforesaid charge clearly related to the manner in which the appellant performed the duties as the manager of .....
Tag this Judgment!Court : Chhattisgarh
..... proved at the trial by a party to establish existence of a cause of action. failure to plead 'material facts' is fatal to the election petition and no amendment of the pleadings is permissible to introduce such material facts after the time-limit prescribed for filing the election petition. 25. therefore, by application of such principles, ..... it is held that the election petitioner has failed to disclose the material facts against the returned candidate, which is the mandatory requirements of section 83 of the act of 1951. therefore, in view of the same, the presumption can not be drawn in absence of particular pleading of disclosure, specially when the allegations of corrupt ..... which has caused loss of majority to the petitioner. the petition again is silent on the issue as to who was the respondent who has done such act. it also alleges that free and fair election was not conducted and by adopting corrupt practices and different items were distributed to the voters. here also particular .....
Tag this Judgment!Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
..... 06.2010 and filed written version. in the written version in first instance there is no averment regarding the arbitration proceedings and ops / magma finance corporation limited amended their pleadings in the written statement and thereby pleaded regarding the arbitration award. the ops have filed copy of award dated 29.06.2010, passed by mr. ..... ., i (2001) slt 26 = i (2001) ccr 9 (sc) = 2001 (2) scc 17 and balwinder singh v. asstt. commissioner, v (2005) slt 195 = iii (2005) ccr 8 (sc) = cce 2005 (4) scc 146." 12. in the instant case, ops/magma finance corporation limited in the first instance did not plead regarding arbitration proceedings in its written statement ..... section 9 of the code of civil procedure, i.e., to avail of right of civil action in a competent court of civil jurisdiction. nonetheless, the act provides the additional remedy. it would, therefore, be clear that the legislature intended to provide a remedy in addition to the consentient arbitration which could be enforced .....
Tag this Judgment!Court : Chhattisgarh
..... found to be in charge during the course of the trial are liable to be prosecuted and punished under section 138 read with section 141 of the negotiable instruments act as amended up to date" 13. the complainant examined himself alone in support of the complaint and what was stated by him with regard to the directors (non applicant no ..... are- 2000 (2) scc 636 (g. sagar suri and another vs. state of u.p. and ors.), 2000 (8) scc 590 (roy v.d. vs. state of kerala), 2005 (1) scc 122 (m/s zandu pharmaceutical works ltd. and ors.vs. md sharaful haque and anr.), 2006 (6) scc 736 : 2006 air scw 3830 (m/s indian oil ..... , the complainant -respondent no.2 examined himself. after his examination, vide order dated 24.6.2000, the learned magistrate registered offence under section 138 of the n.i. act and directed issuance of summons, which is now under challenge before this court. 3. learned senior counsel appearing for the petitioners contended, in extenso, placing reliance upon several authorities .....
Tag this Judgment!Court : Chhattisgarh
..... twelve months specified in the proviso to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the finance act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, reassessment or recomputation as specified in sub-section (2) ..... hereby declared that nothing contained in the first proviso or the second proviso shall apply to any return which has been furnished on or after the 1st day of october, 2005 in response to a notice served under this section. (2) the assessing officer shall, before issuing any notice under this section, record his reasons for doing so." "152 ..... in a case- (a) where a return has been furnished during the period commencing on the 1st day of october, 1991 and ending on the 30th day of september, 2005 in response to a notice served under this section, and (b) subsequently a notice has been served under sub-section (2) of section 143 after the expiry of .....
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