Court : Chhattisgarh
..... what has been discussed above, we are of the opinion that in the instant case when the application (i.a.no.1) for withdrawal of the appeal was moved and subsequently, the application (i.a.no.2) for withdrawal of that application was moved and both the applications were taken together for hearing and the application i.a.no.2 was allowed, whereas the i.a.no.1 was dismissed as withdrawn; it was done under the inherent powers of this court under section 151 ..... has filed the instant application for dismissal of the appeal on the ground that the application (i.a.no.1) for withdrawal of the appeal was filed by the appellant on 23.4.2010 and the appellant should not have been permitted to withdraw the application for withdrawal of the appeal subsequently, by filing another application (i.a.no.2) dated 26.4.2010 for withdrawal of the ..... 14th march, 2005, in which reference has been made to a bench decision of the calcutta high court in the case of rameswar sarkar (supra) which, in our view, correctly explains the law with regard to the inherent powers of the court to do justice between the parties. ..... that when the code of civil procedure is silent regarding a procedural aspect, the inherent power of the court can come to its aid to act ex debito justitiae for doing real and substantial justice between the parties. ..... by the plaintiff/appellant on 19.11.2007 challenging the impugned judgment and decree dated 10.8.2007, passed by the 9th additional district judge (ftc), raipur in civil suit no. .....
Tag this Judgment!Court : Chhattisgarh
..... for the petitioner has been that even if it is accepted that having received some advance, the petitioners failed to manufacture, this would only give rise to a simple breach of contract and a claim for compensation, but none of the averments made in the complaint, makes out a case to even prima facie indicate that there was an intention to cheat right from the beginning. ..... 1995 (annexure a-3) clearly go to show that on certain quotations given by the petitioners, supply order was given by the complainant and an advance of rs.41,000/- under a cheque dated 31.1.1995 was given and it was also stated that rest of rs.30,000/- would be paid by the complainant within 15 days and that total advance to be paid will be limited to rs.71,000/-, with further stipulation that no further amount will be paid in any ..... to any person, or to consent that any person shall retain any property, or intentionally induces the 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 "cheat". ..... counsel for the petitioners contended that the entire proceedings instituted upon complaint are gross abuse of the process of law, as the complaint has sought to convert a pure civil dispute, arising out of alleged breach of contract ..... by the respondent on 4.6.1996 against the petitioners in the court of judicial magistrate 1st class raipur. .....
Tag this Judgment!Court : Chhattisgarh
..... of committing such offence wherein he is found to have spread hatred and contempt and excited the people to disaffection towards the government established by law in india and was possessed of literature wherein the people have been exhorted to engage in armed rebellion and has also been found to be member of unlawful organization and has assisted the said banned organization in furtherance of their unlawful/terrorist activity as defined under the act of 1967, it becomes duty of this court to peep into the ..... the prosecution clerk in the office of the district magistrate, raipur and has proved the sanction granted by the district magistrate for trial under the provisions of the act of 2005. pw-13 d.r. ..... obtaining sanction from the district magistrate, raipur and the state government, charge sheet was ..... verma is the corporator of the ward no.56 of the raipur municipal corporation in which the appellant's premises falls. ..... dewangan is an office bearer of a social organization namely, raipur churches vikas evam rahat samiti. ..... of one santosh paul was known to the appellant and maksudan paul, cousin of santosh paul, was studying while residing in the house of santosh paul at new subhash nagar, tikrapara, raipur. ..... the subsequent investigation when case diary was handed over to him for investigation under the orders from the superintendent of police, raipur. ..... the prosecution, in short, is that the appellant was residing in a rented premises belonging to one ashwini kumar sharma at gabrapara, raipur. .....
Tag this Judgment!Court : Chhattisgarh
..... , shri ashish shrivastava with shri afroz khan, learned counsel appearing for the respondent, contended: by amending written statement, a plea has been raised by the appellants/defendants regarding plaintiff's opening of another stone clinic at raipur; consequently, the plaintiff added para 6 (a) in the plaint denying the contention raised by the appellants/defendants; it was for the appellants to prove the same, in which, they utterly failed; there is no reason to draw adverse inference ..... the appellate court found, the appellants could not prove plaintiff has also started one more clinic, namely, "stone clinic" in the city of raipur and he does not require the suit accommodation bona fide. 19. ..... a denial of title which falls foul of the rule of estoppel contained in s.166 of evidence act is considered in law a malicious act on the part of the tenant as it is detrimental to the interest of the landlord and does no good to the lessee himself. ..... according to the plaintiff, on appellant's assurance, he purchased x-ray machine and other instruments but the appellants did not vacate the suit accommodation, and therefore, as a temporary measure, he started his clinic at jail road, raipur in a rented accommodation. .....
Tag this Judgment!Court : Chhattisgarh
..... of postpercentage of number of posts to be filledremarksby direct recruitmentby promotion of the member of service(1)(2)(3)(4)(5)(6)1.headmaster primary school2228 -5100%as the list of assistant teacher of school education department is exhausted this post will be filled by shiksha karmi grade 1, 2 and 3, having 7 years experience through limited examination by panchayat and urban administration and development department.schedule iii [see rule 2-(a)] table schedule iv [see rule 6, 13] table raipur, the 29th may, 2010 notification no. ..... (s) nos.73, 115, 120, 139, 237, 621, 685 and 3752 of 2011 involve common facts as well as common question of law, thus, they are being considered and disposed of by this common order. 2. ..... the prescription of qualification and the mode of selection have clearly been specified in the rules and any provision, which is contrary to the rules in the advertisement is not at all sustainable in the eyes of law. ..... no court can issue mandamus directing the authorities to act in contravention of the rules as it would amount to compelling the authorities to violate law. ..... neither the government can act contrary to the rules nor the court can direct the government to act contrary to rules. ..... it is a trite law that any selection or appointment in contravention of the rules cannot sustain ..... it is a trite law that the court cannot direct to make appointment contrary to the ..... mandamus lies for issuing directions to a government to refrain from enforcing a provision of law. .....
Tag this Judgment!Court : Chhattisgarh
..... versus state of chhattisgarh through the chief secretary, government of chhattisgarh, raipur, chhattisgarh, (2003) 2 scc 661) : (air 2003 sc 976) : (2003 cri ..... that time, her brother-in-law and sister-in-law went out of the ..... scc 722 : (air 2010 sc 917 : 2010 cri lj 871), where the court stated the dictum of law that a close relative of the deceased does not, per se, became an interested witness. ..... , learned panel lawyer for the state/ respondent, supporting the impugned judgment, submitted that the conviction and sen tence awarded to the appellant do not war rant any interference by this court. 5. ..... has to see whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in the section ..... makes a distinc tion between the act of the accused and its result, if any. ..... court has to see is whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances men tioned in the section. ..... makes a distinction between an act of the accused and its result, if any. ..... it is sufficient in law, if there is present an intent coupled with some over act in execu tion thereof ..... sufficient to justify a conviction under section 307 if there is present an in tent coupled with some overt act in execu tion thereof. ..... such an act may not be attended by any result so far as the person assaulted is concerned, but still there may be cases in which the culprit would be liable ..... order to be criminal need not be the penultimate act. .....
Tag this Judgment!Court : Chhattisgarh
..... appellants, has argued that they eye-witnesses were not reliable; in fact, deceased-patwari had assaulted appellant-moolchand (a-2) and then the quarrel begun between both the parties in which the deceased persons sustained above injuries; appellant-moolchand (a-2) had also sustained injury in the said incident and hisinjuries were not explained by the prosecution; the deceased persons were aggressor who begun the fight; therefore, the ..... had stated in para 2 that firstly deceased-patwari had assaulted appellant-moolchand (a-2) by a denga (danda) and thereafter the appellants had assaulted the deceased persons, therefore, the prosecution has not disclosed the genesis of the ..... in para 7 of the cross-examination that there was a land dispute between both the parties (his father and uncle), but except the above nothing material could be brought on record against him. ..... sessions judge relied on the testimonies of these witnesses and held that the appellants (a-1 and a-2) had assaulted the deceased by danda and wood, therefore, they were liable for punishment u/s ..... opined that the above injuries were ante-mortem caused by hard and rough object and the cause of death was shock and haemorrhage on account of above injuries and the death was homicidal in nature. ..... were sent for chemical examination to forensic science laboratory (fsl), raipur, from where a report was received. ..... 27 of the evidence act were recorded and certain clothes including lathi were seized at their instances vide seizure .....
Tag this Judgment!Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
..... averred in its written statement that on the basis of condition no.5 mentioned in the insurance policy, the appellant/o.p.no.1 is entitled to cancel the insurance policy unilaterally and the appellant/o.p.no.1, had already cancelled the insurance policy prior to the death of chhatar singh, therefore, the complainant is not entitled for insured amount. ..... of the above, are of the view that the petition had cancelled the policy as per clause no.5 of the terms and conditions of the policy which had been issued in favour of respondent no.2 even giving the reasons for cancellation of the ..... notice shall be deemed sufficiently given if post addressed to the insured at the address last registered in the companys books and shall be deemed to have been received by the insured at the time when same would be delivered in the ordinary ..... by the insurance company it had not been mentioned that after cancellation of the insurance policy the insured was personally intimated as per rules and he was refunded prorata premium amount, therefore, in our opinion the repudiation of claim is not valid and in these circumstances the insurance company is liable to pay the amount of insurance to the complainant. ..... a.n.kanwar conducted the post mortem examination on the dead body of the deceased (chhatar singh) and gave his report, in which he opined that the cause of death is coma due to ..... that the complaint filed by the complainant is barred by time under section 24 a of the consumer protection act, 1986. 4. o.p. .....
Tag this Judgment!Court : Chhattisgarh
..... munwa, bisliya, purshottam, sudhari, sudhwa, kunjram, mukunda, sunderwa, donda, boha, santosh, nehru, buchnu, mathura, bhanu, rekhlal, santosh, sonu and raju, however, in examination-in-chief itself, he clearly names udho and ganesh as the persons who began assault but he does not take it further to say that after the assault made by ganesh and udho, other accused persons also assaulted the deceased by means of club, hand, fists or kicks. ..... injuries sustained (by the victim before the supreme court) in spite of assertion of concerted attack with lathis and tabbals by several assailants numbering over 15 renders the evidence doubtful about participation of such a large number ..... -in-chief, he improves his statement by saying that apart from udho and ganesh, appellants jeevan and mukunda also assaulted the deceased whereas other accused persons had encircled him ..... thus they have a certain resemblance and may to some extent overlap, but s.149 cannot at any rate relegate s.34 to the position of dealing only with joint action by the commission of identically similar criminal acts, a kind of case which is not in itself deserving of ..... 1), the following has been laid down with regard to the principles governing application of sections 34 and 149 of the ipc:- s.34 deals with the doing of separate acts similar or diverse by several persons; if all are done in furtherance of a common intention each person is liable for the result of them all as if he had done them himself, for that act? .....
Tag this Judgment!Court : Chhattisgarh
..... counsel for the petitioner that application under order 7 rule 11of the cpc is not maintainable in law as by virtue of section 86 of the rp act,1951, that the election petition, which does not comply with the provisions of section 81 or section 82 or section 117 of the rp act, 1951, shall be dismissed and the election petition, which does not comply with section 83 (1) (a) or (b) of the rp act, 1951 as the case may be, cannot be dismissed in exercise of jurisdiction under order 7 rule ..... the following propositions emerge out of the statutory provisions as well as the law laid down by the apex court:- xx xx xx (c) however, if a candidate furnishes incomplete, incorrect or false information or fails to furnish full and complete information, with regard to those five matters, in his affidavit/declaration, it would be a ground for the election judge to set aside the election under section 100(1) (b) of the rp act, if the information so furnished or withheld, would amount to undue influence ..... , learned senior counsel, while replying and countering the submissions made by respondent no.1/returned candidate on his application under order 7 rule 14 (sic 11) of the cpc, would submit as under:- (i) an application filed under order 7 rule 11 cpc is not maintainable in law as the election petition can be dismissed by this court under section 86 of the rp act, 1951 which does not comply with the provisions of sections 81 or section 82 or section 117 of the rp act, 1951, as such order shall .....
Tag this Judgment!