Judgment Search Results Home > Cases Phrase: raipur and khattra laws act 1879 Sorted by: old Court: chhattisgarh Page 2 of about 31 results (0.035 seconds)

Balram Sharma Vs. State of Chhattisgarh

Court : Chhattisgarh

Reported in : 2007CriLJ4396; 2008(1)MPHT28(CG)

..... wife of the condemned prisoner, was lying in the bed room, there were fatal injuries on her neck caused with sickle, body was covered with blanket, similarly condemned prisoner took sonu alias vineet .sharma and monu alias sumit sharma, sons to kitchen which was seen by pw-1 shweta, daughter of the condemned prisoner, he inflicted injuries with sickle on their neck, their dead bodies were lying in the kitchen, ..... hypothesis except that the accused is guilty, (3) the circumstances should be of a conclusive nature and tendency; (4) they should exclude every possible hypothesis except the one to be proved, and (5) there must be a chain of evidence 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.16. in the matter of dhananjoy chatterjee v ..... for the condemned prisoner argued that the condemned prisoner has been visited with extreme penalty of death, facts and circumstances of the case do not warrant, extreme penalty because as per the settled law this is not a rarest of rare case which warrant extreme penalty of death ..... . and went to raipur ..... sent for chemical examination to the fsl, raipur under ex. p/30. ..... not been able to demolish the said evidence of these two witnesses through cross-examination or bringing any material on record, even he has not produced any evidence to establish that he was in raipur ..... working as contractor in raipur ..... left for raipur. .....

Suresh Kumar Vs. State of Chhattisgarh

Court : Chhattisgarh

Reported in : 2008CriLJ244

..... imposition, circumvention, surprise or undue influence, it is to be treated as a delusion, and not as a deliberate and free act of the mind.referring to the words and phrases--permanent edition, volume 8a, it has been quoted thus:.adult female's understanding of nature and consequences of sexual act must be intelligent understanding to constitute 'consent'.consent within penal law, defining rape, requires exercise of intelligence based on knowledge of its significance and more quality and there must be a choice between resistance and assent....the above tests for consent have ..... prosecutrix accompanied the appellant up to the house of dev singh, which is at a distance, on his motorcycle;(ii) that after sitting for about 5-7 minutes, she again accompanied the appellant on his motorcycle refusing the offer of dev singh (pw-5) and said that they shall go together;(iii) that while returning from the house of dev singh they did not follow the way which goes from the front of her house but followed another ..... 68/04 whereby learned 1 additional sessions judge, raipur has convicted the appellant under sections 376, 506 -11 of the indian penal code and sentenced him to undergo r1 for seven years, pay a fine of rs. ..... vaginal slides and underwear of the prosecutrix were sent for chemical examination to forensic science laboratory, raipur vide ex. p/12. ..... raipur, the village of maternal uncle of the prosecutrix, went to village dadicoat where prosecutrix resides with her parents, by his motorcycle .....

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. .....

Commissioner of Income Tax Vs. Raipur Transport Co. (P) Ltd.

Court : Chhattisgarh

Reported in : (2009)226CTR(NULL)683

..... tribunal dismissed the appeal of the revenue with a finding that since the assessee suffered loss in the relevant financial year and even after addition of the evaded income, there comes no positive income hence penalty under section 271(1)(c) could not be ..... . in view of the above settled principles of law, we are satisfied that the order of tribunal is in accordance with law and no substantial question of law as proposed by the appellant/revenue arises for adjudication ..... (2007) 207 ctr (sc) 733, has held that the said amendment would come into effect on 1st of april, 2003 and would apply only to the future periods and not to any period prior to 1st of april, 2003 or to any assessment year prior to the asst. yr ..... assessee company did not declare the aforesaid amount as profits in its account for assessment in the year 1974-75 and also did not furnish any particulars thereof in the return for that year. ..... 333/nag/1999 on the following substantial question of law:whether on the facts and in the circumstances of the case, learned tribunal was justified in upholding the order of cit(a) in deleting the ..... account of failure of the assessee company, action under section 148 was taken and on completion of assessment, proceedings under section 271(1)(c) were initiated for imposing ..... 271 was substituted by the finance act, 2002 w.e.f. ..... amount became chargeable to tax as profits and gains under the deeming provisions of section 41(1) of the it act. ..... by the ao under section 271(1)(c) of it act, 1961?2. .....

Sona Ralsel Vs. Kiran Mayee Nayak (Smt.) and anr.

Court : Chhattisgarh

Reported in : AIR2009Chh55; 2009(4)MPHT43(CG)

..... wife cannot avail the remedy provided by section 11 of this act and, therefore, she has to file a suit for declaration under section 34 of the specific relief act for declaration of such marriage as void....the judgments in harmohan senapati (supra) and in kedar nath gupta (supra), also support the contention of ..... bare reading of the above provisions would show that section 5 speaks of conditions of valid marriage which may be solemnized between any two hindus and one of the conditions as enumerated in section 5(i) of the at is that neither party shall have a spouse living at the time ..... a marriage void has been intentionally confined to the parties to the marriage and it is not open to any other person to make an application under section 11.it is true that the marriage between the appellants was contrary to the provisions in section 5 of the act and was, therefore, invalid; but that is not the point in the case ..... shri uttam pandey, learned counsel for the petitioner submitted that a bare perusal of section 11 of the act would reveal that a petition under this section can only be filed by either party to the marriage against each other for a relief of declaration that the marriage solemnized between them being ..... on the contrary, all these case laws also support the view that petition under section 11 of the act cannot be filed by a lady claiming to be first ..... against the part of the order dated 19-12-2006 passed by second additional principal judge, family court, raipur in h.m. no. .....

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. .....

Sanat Kumar Sonkar, and anr. Vs. Moti Lal Sonkar, and anr.

Court : Chhattisgarh

..... the investigation charge sheet was filed before the judicial magistrate first class, baloda bazar who in turn committed the case to the court of sessions, raipur from where learned first additional sessions judge, baloda bazar received the case on transfer for trial. 6. ..... like murder is committed in secrecy inside a house, the initial burden to establish the case would undoubtedly be upon the prosecution, but the nature and amount of evidence to be led by it to establish the charge cannot be of the same degree as is required in other cases of circumstantial evidence ..... maharashtra3, in case murder committed in secrecy inside a house, the initial burden to establish the case would undoubtedly be upon the prosecution, but the nature and amount of evidence to be led by it to establish the charge cannot be of the same degree as is required in other cases of circumstantial evidence ..... those circumstances should not be capable of being explained by any other hypothesis except the guilt of the accused and the chain of the evidence must be so complete as not to leave any reasonable ground for the belief consistent with the innocence ..... and same was recorded in the police station premises therefore, same is hit by under sections 25 & 26 of the evidence act except aforesaid evidence prosecution has not collected any evidence against the appellant therefore conviction and sentence of the appellant is not sustainable under the law ..... axe, towel and cotton by the forensic science laboratory raipur. 5. .....

Anjordas and Another Vs. State of Chhattisgarh

Court : Chhattisgarh

..... , kunjbihari came from bhilai to village monhda, they were staying at monhda on 4.6.2003, he along with his father were sleeping inside temporary hut (kundra) (prepared to watch the material and house which was under construction), deceased kunjbihari was also sleeping near temporary hut, another deceased shyamratan, brother of this witness was also sleeping near temporary hut. ..... , appellants came near the place of incident, appellant anjor was holding betel axe, appellant girdhari was holding axe, another accused dhansu and anil were holding sticks, they assaulted his father, at the same time his brother shyamratan woke up and he asked, then all the appellants also assaulted his brother shyamratan, thereafter they also assaulted kunjbihari who was also sleeping at the place of incident, then he tried to run from ..... even if the witnesses were speaking a part of the truth or perhaps the whole of it, they would be guided by a spirit of revenge or nemesis against the accused person and in this process certain facts which may not or could not have been stated may be imagined to have been stated unconsciously by the witnesses in order to see that the offender is punished. ..... motive is a state of mind of person at the time of commission of offence and only person concerned would be in a position to explain that what was his intention or motive behind commission of any act.35. .....

Secl Bishrampur and Others Vs. Bharti Devi and Others

Court : Chhattisgarh

..... has been further argued that the widow of the deceased has been granted compassionate appointment, therefore, the amount of compensation assessed is excessive and further that the deceased died on account of his own negligence, therefore, for this reason also, the claim petition should not have been ..... there is nothing on record as to what amount of salary the widow is receiving, it is difficult for us to reassess the actual loss of dependency income and for awarding `just compensation', for which the claimants are entitled, the matter is required to be remitted back to the claims tribunal. 13. ..... death of the deceased satish kumar, a claim petition under section 166 of the act was preferred by his legal heirs (widow, two minor sons and parents) and the claims tribunal has awarded compensation of rs.15,68,212/- in their favour. 2. ..... directed that the claimants would be entitled to amount under other heads like loss of consortium, loss of love and affection and loss of estate and the reassessment is required to be done only under the head loss of dependency income. ..... above observation, the hon'ble supreme court considered several english decisions, wherein definition of motor vehicle in the road traffic act (english act) has been distinguished and having regard to the scheme of the motor vehicles act, 1939, it was ultimately held that dumpers and rockers are motor vehicles. ..... opinion, the methodology adopted by the claims tribunal while assessing compensation is not in accordance with law. .....

Shekh Ram Yadav Vs. State of Mp Now State of Chhattisgarh

Court : Chhattisgarh

..... the investigation, charge-sheet was filed against the appellant in the court of judicial magistrate first class, raipur, who, in turn, committed the case to the session judge, raipur, who conducted the trial and convicted and sentenced the appellant as mentioned above. ..... the investigating officer reached medical college hospital, raipur, gave notice (ex.p-7) to panchas and prepared inquest (ex.p-8) on the body of ..... really set the deceased on fire, the deceased or the persons taking her to the hospital would have stated this fact to the doctor admitting the deceased in the hospital and this fact would have taken place in the entries of the bed head ticket (ex.p-11). ..... is undoubtedly admissible under section 32 of the evidence act and not being a statement on oath so that its truth could be tested by cross-examination, the courts have to apply the strictest scrutiny and the closest circumspection to the statement before acting upon it. ..... was recorded in police station city kotwali, raipur on 23-5-1996 and thereafter regular merg intimation (ex.p-6) was recorded in police station mandir hasaud, raipur on 9-6-1996. ..... prosecution, in brief, is as under: there was an illicit relationship between the appellant and deceased fuleshwaribai, due to which, husband of the deceased had deserted her. ..... but, before the said declaration can be acted upon, the court must be satisfied about the truthfulness of the same and that the said declaration was made by the deceased while he was in a fit condition to .....