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 .....
Tag this Judgment!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. .....
Tag this Judgment!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 .....
Tag this Judgment!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. .....
Tag this Judgment!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 .....
Tag this Judgment!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. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ1467
..... another fact which completely rules out consent of the prosecutrix in the sexual act committed with her by the accused-appellant is that if she had consented and was a willing party to the sexual act, then she would not have narrated the incident to her mother under any ..... 1 stated that at the fair the prosecutrix had told her that she was going to meet satish and some other boys which cannot be doubted but that does not by itself mean that the prosecutrix was going to enjoy sexual intercourse with the accused- ..... the perpetrator of crime was an able-bodied youth bustling with energy and determined to fulfill his lust and take advantage of the prosecutrix having gone to meet him and forcefully removed the prosecutrix to a secluded place where there was none around to help the prosecutrix in her ..... has in paragraph 8 of cross-examination stated that when he went to admit the prosecutrix in class-1 at the school, he did not know her date of birth, and therefore, by guess-work he had asked the headmaster to write the age of prosecutrix as 6 years. ..... as regards the admission by the prosecutrix that while she was being lifted and taken to a lonely place by the accused-appellant, she did not scratch the accused-appellant with her nails or bit him, is again of no help to the accused- ..... para 6 of her cross-examination, she also admits that the age narrated by her was on the basis of guess-work and she had not taken any documentary proof thereof to the police station. ..... raipur that the two pieces .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ2085
..... no evidence on record to prove penetration by the appellant during the sexual intercourse, if any, with the prosecutrix, although the prosecutrix had stated that the appellant removed her underwear and pushing her on the ground mounted on her and performed 'bakni' but in cross-examination the prosecutrix has admitted that by 'bakni' she meant that the appellant had removed her underwear. ..... the categorical statement of the prosecutrix that the appellant pushed her on the ground in the 'badi' removed her underwear and mounting himself upon her committed 'bakni' on her would go to show that the accused-appellant had committed sexual ..... was also contended that the prosecutrix is a child witness aged about 11 years and the trial judge had noted her demeanour that she had started crying and would not depose any further after she said that the appellant had done ' ..... sitaram p.w.5 has also stated that urmila bai came searching for him and told her that the appellant had done 'dharpakad' with her daughter whereupon the villagers had called trilochan who had ..... of rape under section 376(2)(f), it is essential for the prosecution to establish beyond doubt that the age of the prosecutrix on the date of occurrence was less than 12 years and that penetration had taken place during the sexual act by the appellant with the prosecutrix. ..... judge, baloda bazar, district raipur in sessions case no. ..... the case law cited by the learned counsel for the appellant is clearly distinguishable and does not help the .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2007Chh7
..... the petitioner, hira industries limited, which is a public limited company, registered under the companies act, 1956 having its registered office at 572-urla industries area, urla, raipur, chhattisgarh state, being aggrieved by the action of the government of chhattisgarh and its authorities, the respondents herein, in not releasing the transport subsidy payable to them under the 'madhya pradesh transport subsidy scheme', has filed this writ petition ..... of violation of legitimate expectation held that where persons enjoying certain benefits or advantage under old policy of government derive a legitimate expectation even though they may not have any legal right under private law in regard to its continunace but before changing that policy affecting adversely that benefit or advantage, the aggrieved persons are entitled to a fair hearing. ..... of rajasthan : [2003]2scr112 , supreme court held that the principle at the root of the doctrine of legitimate expectation is the rule of law which requires regularity, predictability and certainty in the governments' dealings with the public and expectation could be based on an express promise, or representation or by established past action or settled conduct. ..... the doctrine of legitimate expectation is the latest discovery of the indian law and that has been viewed as one of the grounds of judicial review, and it has assumed the position of a significant doctrine of public law in almost all jurisdictions to check misuse or abuse of public power .....
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