Judgment Search Results Home > Cases Phrase: raipur and khattra laws act 1879 Sorted by: recent Court: chhattisgarh Page 1 of about 31 results (0.026 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 .....

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. .....

Bedanti Tiwari Vs. Bhaiyalal Rajwade and Others

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 .....

Bisliya Alias Bisali and Others Vs. the State of Madhya Pradesh (Now C ...

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? .....

The Oriental Insurance Co. Ltd, Vs. Bandhan Kunwar and Another

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. .....

Moolchand Vs. State of Madhya Pradesh

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 .....

Ajay Vs. State of Chhattisgarh

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. .....

Vishnu Sahu and Others Vs. the State of Chhattisgarh and Others

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. .....

Moolchand Kotdiya Vs. Dr. Paraschand Vaidya

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. .....