Judgment Search Results Home > Cases Phrase: raipur and khattra laws act 1879 Court: chhattisgarh Page 1 of about 31 results (0.046 seconds)

Parmeshwar Vs. State of Chhattisgarh

Court : Chhattisgarh

Reported in : 2008CriLJ4190

..... of whom nothing is brought out which may tend to indicate that he may have a motive for attributing an untruthful statement to the accused, the words spoken to by the witness are clear, unambiguous and unmistakably convey that the accused is the perpetrator of the crime and nothing is omitted by the witness which may militate against it, then after subjecting the evidence of the witness to a rigorous test on the touchstone of credibility if it passes the test, the extra ..... keeping these principles in mind, the apex court found in this case that the confession has been properly accepted and acted upon by the courts below and there was no scope for any doubt regarding the complicity of the appellant in the crime. ..... . therefore, on the basis of above principles, it is clear that there is no rule of law that the evidence of extra-judicial confession cannot be relied on alone and for recording a conviction on such confession, there should be corroboration by some other evidence ..... anthony : 1985crilj493 , the apex court held that there is neither any rule of law nor of prudence that evidence furnished by extra-judicial confession cannot be relied upon unless corroborated by some other credible evidence. ..... after completion of investigation, the charge-sheet was filed in the court of judicial magistrate, first class, raipur, who in turn committed the case to the sessions judge, raipur, from where, it was received on transfer by 5th addl. .....

Kacharu Lal Agrawal Vs. Bhikham Chand Kothari

Court : Chhattisgarh

Reported in : 2007(4)MPHT128(CG)

..... the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, the happening of any event--by the happening of such event;(d) in case the interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the same right;(e) by express surrender; that is to say, in case the lessee yields up his interest under ..... re-enter, or (2) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself, or (3) the lessee is adjudicated an insolvent and the lease provides that the lessor may re-enter on the happening of such event; and in any of these cases the lessor or his transferee gives notice in writing to the lessee of his intention to determine the lease;(h) on the expiration of a notice to determine the lease, or to ..... of the state on such dates as the state government may, by notification, appoint and different dates may be appointed for different areas and for different provisions of the act and thereupon the first schedule shall be deemed to have been amended accordingly.13. ..... accordingly, the substantial question of law is answered that the absence of an issue on the question of termination of tenancy did not cause any prejudice to the appellant/defendant and the lower appellate court was justified in reversing the judgment and decree of the trial court and granting a decree for eviction of ..... engineering works, raipur to show that .....

Ku. Khushbu Bagdi and ors. Vs. State of Chhattisgarh and anr.

Court : Chhattisgarh

Reported in : 2002(2)MPHT65(CG)

..... is a student of class xii of holy cross higher secondary school, pension bada at raipur and she claims that she has a good academicrecord and expects to pass the class xiith board examination to be conducted by the chhattisgarh board of ..... in para 5.11 of the petition the petitioners have made allegation to the effect that the record of the chhattisgarh board of secondary education is not appreciable and they have referred to annexure p-3 newspaper report published in daily bhaskar dated 9-5-2001 whereby it is stated that about 2000 cases of copying (unfair means) ..... , rules & regulations and bye-laws formed by respective states and central governments. ..... they can secure higher marks in the common entrance test and those who do not have the capacity and opportunity for such specialized coaching namely less privileged class of society in rural area or even in urban areas, suffer unequal treatment and deprivation of equal opportunity before law. ..... it may make laws regarding coaching and further impart education; ..... coaching they can secure higher marks in the common entrance test and those who do not have the capacity and opportunity for such specialized coaching namely less/under privileged class of society in rural areas or even in urban areas, suffer unequal treatment and deprivation of equal opportunity before law.17. ..... this decision not to hold the test is illegal and contrary to the settled position of law. ..... the state may take such steps in accordance with law, which are warranted. .....

Ashish Sharma and ors. Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : AIR2004Chh27

..... submission, the correct procedure for applying the horizontal reservation is that first respondents 2 & 3 ought to have prepared the list of all the 42 candidates based on their merit secured in the examination irrespective of the category and cadre they belong and if in the list of those 42 candidates the quota of 13 women candidates of open category was already satisfied, then the respondents were not required to do anything more as 30% horizontal reservation made for (open category) women ..... for this view, i also find support from the fact that while issuing the above brochure regarding the candidates for bachelor of veterinary science, 30% horizontal reservation for women candidates was prescribed and the procedure for admission was laid down in rule 21 (1), in which it has been mentioned that while preparing the list, if any candidate of reserved category has secured his position on the basis of his merit in the ..... after preparation of scheme by the respondents for conducting the premedical entrance test, chhattisgarh madhyamik shiksha mandal, pension bada, raipur, issued a notification along with brochure, inviting applications and for conducting the pre-medical entrance test 2003 for admitting the students into medical college, agriculture college and veterinary college in the state of chhattisgarh. ..... the petitioners have not raised any objection or disputed this fact regarding this position of law held by the hon'ble apex court.11. .....

Tarun Chatterjee Vs. Vinod Kumar Naik and ors.

Court : Chhattisgarh

Reported in : 2003(4)MPHT17(CG)

..... holding an office of profit under the state government.for determination of the question whether a person holds an office under the government each case must be measured and judged in the light of the relevant provisions and the sections and having regard to the provisions of the bengal municipal act, 1932 as extended to tripura, the provisions of which have been set out hereinbefore, we are of the opinion that the government does not control officers like ..... reality bearing in mind the object for enactment of article 102(1)(a) namely to eliminate or in any event to reduce the risk of conflict between the duty and interest amongst members of the legislature by ensuring that the legislature does not have persons who receive benefits from the executive and may thus be amenable to its influence.the word 'profit' for the purpose of article 102(1)(a) or article 191 'connotes an idea of pecuniary gain', ..... . article 106 of the constitution expressly provides that members of either house and parliament shall be entitled to receive such salaries and allowances as may from time to time be determined by parliament by law and, until provision in that respect is so made, allowances at such rates and upon such conditions as were immediatley before the commencement of the constitution applicable in the case of members of constituent assembly of the ..... 1 and collector/district election officer, raipur as ..... 2/2002 by the district judge, raipur, challenging the election of mayor having ..... of raipur gramin .....

Om Prakash Agarwal and Another Vs. State of Chhattisgarh, through the ...

Court : Chhattisgarh

..... may be, (a) has undertaken reconnaissance operations or prospecting operations, as the case may be, to establish mineral resources in such land; (b) has not committed any breach of the terms and conditions of the reconnaissance permit or the prospecting licence; (c) has not become ineligible under the provisions of this act; and (d) has not failed to apply for grant of prospecting licence or mining lease, as the case may be, within three months after the expiry of reconnaissance permit or prospecting licence ..... it is not intended to take away from those authorities the powers and discretions properly vested in them by law and to substitute the courts as the bodies making the decisions. ..... it is by now well settled that judicial review of the administrative action/quasi-judicial orders passed by the government is limited only to correcting the errors of law or fundamental procedural requirements which may lead to manifest injustice. ..... shortly put, the grounds upon which an administrative action is subject to control by judicial review can be classified as under: (i) illegality: this means the decision-maker must understand correctly the law that regulates his decision-making power and must give effect to it. ..... in view of the aforesaid settled position of law, it is difficult to accept the submissions of mr krishnan that the order dated 27-9-2001 suffers from any legal or procedural infirmity. .....

Commissioner of Income Tax Vs. D.R. Bansal and ors.

Court : Chhattisgarh

Reported in : (2010)228CTR(NULL)247

..... (a) dealing with four issues formulated for its consideration in para 4 of its order, observed that the proceedings against the assessees were not criminal or quasi criminal; they are plain and simple assessment proceedings; the provisions of indian evidence act and the case laws in connection thereto were not applicable; the loose sheets have neither been signed by any of the partners nor there is any material to show that they have been written ..... in any case, the tribunal should have considered the discovery of three sets of loose papers from the premises of the assessee during search and, seizure proceedings under section 132(1) of the act and ought to have given findings in its order with regard to applicability of presumption under section 132(4a) to the assessment proceedings.22. in s.p. ..... 822/nag/1984 for our opinion:whether under the facts and circumstances of the case, the tribunal is justified in law in not giving finding in its order with regard to applicability of presumption under section 132(4a) of the it act, 1961 to the assessment proceedings?2. ..... 17 of 2002 the income-tax appellate tribunal, nagpur bench, nagpur (in short 'the tribunal') has made this reference under section 256(1) of the it act, 1961 at the instance of cit, jabalpur and referred the following question of law arising out of order dt. .....

Minor Dipika and Etc. Vs. C.G. State Electricity Board and anr.

Court : Chhattisgarh

Reported in : AIR2007Chh1

..... against (provided always that justice is done to both sides) less the very means designed for the furtherance of justice be used to frustrate it.next, there must be ever present to the mind the fact that our laws of procedure are grounded on a principle of natural justice which requires that should not be condemned unheard, that decisions should not be reached behind their backs, that proceedings that affect their lives ..... now the question which has been posed by learned district judge while rejecting the applications of the petitioners that as no list of witnesses has been filed by the petitioners and rule 1a is subject to sub-rule (3), therefore, the petitioners are not entitled to summon any of the witnesses or documents, it is true that no specific provision has been made under this rule that where no list of witnesses has ..... like all rules of procedure, this rule demands a construction which would promote this cause.it is useful to quote the oft-quoted passage of lord penzance in 1879 (4) ac 504:procedure is but the machinery of the law after all the channel and means whereby law is administered and justice reached. ..... rule 1a which was introduced by the code of civil procedure (amendment) act, 1976 with effect from 1.2.1977 has placed the matter beyond doubt by providing in clear and specified terms that any party to the suit may bring any witness to give evidence or to produce documents. .....

Girjabai Vs. State of Madhya Pradesh (Now Chhattisgarh)

Court : Chhattisgarh

Reported in : II(2007)DMC797; 2007(1)MPHT127(CG)

..... cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else; and(4) the circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence.9. ..... after usual investigation, charge-sheet was filed against the accused in the court of additional chief judicial magistrate, baloda bazar, who in turn committed the case to the sessions judge, raipur, from where learned 2nd additional sessions judge received the case on transfer for trial.5. ..... section 105 of the evidence act envisages that 'when a person is accused of any offence, the burden of providing the existence of circumstances bringing the case within any of the general exceptions in the indian penal code, 1860 (45 of 1860) or within any special exception or proviso contained in any other part of the same code, or in any law defining the offence, is upon him, and the court shall presume the absence of such circumstances'. ..... accused girjabai has questioned legality, correctness of the judgment of conviction and order of sentence dated 2-5-2000 passed by 2nd additional sessions judge, baloda bazar, district raipur, in s.t. no. .....

Smt. Manju Baradia Vs. State of Chhattisgarh

Court : Chhattisgarh

Reported in : 2001CriLJ3762; 2001(3)MPHT57(CG)

..... vehicle without apparent cause leaves the highway or overturns or in fair visibility runs into an obstacle; or brushes the branches of an overhanging tree, resulting in injury, or where there is a duty on the defendant to exercise care, and the circumstances in which the injury complained of happened are such that with the exercise of the requisite care no risk would in the ordinary course ensue, the burden shifts or is in the first instance, on the defendant ..... however, shorn of its doctrinaire features, understood in the broad, general sense, as by the other line of decisions, only as a convenient ratiocinative aid in assessment of evidence, in drawing permissive inferences under section 114, evidence act, from the circumstances of the particular case, including the constituent circumstances of the accident, established in evidence, with a view to come to a conclusion at the time of judgment, whether or not, in favour of the alleged ..... though the words used in both the sections are 'rash' and 'negligent' simpliciter the fact that their connotation has to be considered with reference to the law of crimes, indicates that, that degree of rashness or negligence will have to be proved which willmake it safe for the court to infer that the conduct of the accused which is complained ..... learned sessions judge, raipur, confirming the conviction of the applicant under section 304a read with section 201, ipc recorded by the learned judicial magistrate, first class, raipur in criminal case .....