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Chhattisgarh High Court

Chhattisgarh Rajya Anusuchit Janjati Ayog not conferred with adjudicatory function

November 7, 2016 2112 Views 0 comment Print

Disputing the legality, validity and correctness of the order dated 27.7.2012 (Annexure P/1) passed by the Chhsttisgarh Rajya Anushuchit Janjati Aayog (hereinafter called as “the Commission”), the petitioner has filed this writ petition under Article 226/227 of the Constitution of India.

Transfer of criminal case not permissible on imaginary or artificial apprehension that justice may not be done

October 27, 2016 3906 Views 0 comment Print

The principle that there should not be an apprehension on the part of the party to the case that justice will not be done is not to be applied in extract terms nor the principle that once one of the accused in the case has lodged a complaint against the presiding officer, the case should necessarily be transferred.

Statutory presumption is always in framing of charge until demonstrated otherwise

October 24, 2016 825 Views 0 comment Print

The challenge in this petition is to the order dated 07.07.2016 passed by the Additional Sessions Judge, Durg in Sessions Trial No.33 of 2016 whereby the application filed u/s 227 of the Code of Criminal Procedure to discharge the petitioner was rejected. Consequently the charges were framed against the petitioner under Sections 307, 323 read with section 506 Part-II of IPC. The impugned order is filed as Annexure P-1 and the charges so framed is filed as Annexure P-2.

Indirect control by Govt over an office will not render it as office of profit

October 24, 2016 735 Views 0 comment Print

This election petition is concerned with the election held in respect of Legislative Assembly Area No. 83 of Kondagaon constituency wherein the voting took place on 11.11.2013 and the result of the election was declared on 08.12.2013 and the respondent Mohanlal Markam was declared as returned candidate. The following is the position of votes secured by the candidates :

Bade jhad ka jangal cannot be allotted by State authorities without prior approval of Central Government U/s. 2 of Forest (Conservation) Act, 1980

October 20, 2016 3279 Views 0 comment Print

Impugning legality, validity and correctness of the order dated 26-5-2005 passed by the Board of Revenue by which the Board of Revenue has affirmed the order of the Commissioner setting aside the sale made by the original holders in favour of the petitioners and vesting the land in favour of the Government finding that the sale made by the original holders of the land in favour of the petitioners is in violation of the provisions contained in Section 165(7)(b) of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code of 1959’), the petitioners have filed these writ petitions.

Claims Tribunal constituted under provisions of Motor Vehicles Act, 1989 has no power and jurisdiction to review its award on merits, but the Tribunal can review its award to correct procedural as well as inadvertent mistake and in case of fraud.

October 7, 2016 3996 Views 0 comment Print

The short question that emanates for consideration in these revisions is whether the Claims Tribunal constituted under the provisions of the Motor Vehicles Act, 1989 has power and jurisdiction to review its award on merits.

Bail application u/s 438 Cr.P.C., at the behest of juvenile would lie. Issue referred to larger Bench

October 6, 2016 4377 Views 0 comment Print

1. This is first bail application filed under Section 438 of the Code of Criminal Procedure seeking grant of anticipatory bail to the applicant in connection with Crime No. 90 of 2016 registered at P.S. Sakti, Distt. Janjgir Champa (C.G) for the offence punishable under Sections 341, 294, 506, 186, 332, 353/ 34 of IPC. […]

Ad valorem Court fees is payable even when plaintiff, executant of sale deed alleges fraud

September 19, 2016 15480 Views 0 comment Print

In both the petitions under Article 227 of the Constitution of India the petitioner/plaintiff is aggrieved by the order passed by the trial Court directing the petitioner to pay ad valorem Court fees on the plaint. The direction has been issued while considering the respondent No. 1/defendant No. 1’s prayer for rejection of plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (‘the CPC’ henceforth) for declaration that the petitioner is in possession and title holder of the suit land and the sale deed dated 9-4-2010 purportedly executed by the plaintiff in favour of the defendant No.1 is null and void being forged, therefore, not binding on the plaintiff. Prayer for issuance of permanent injunction to restrain the defendant No. 1 from interfering with the plaintiff’s possession has also been made in the pliant.

Father-in-law is liable to maintain widowed daughter-in-law to the extent of share of her late husband in coparcenary property

September 15, 2016 13860 Views 0 comment Print

This appeal under Section 19(1) of the Family Courts Act, 1984 has been preferred by the appellant, father-in-law of respondent No. 1 and grand-father of respondents 2 and 3. The trial Court has granted a decree of maintenance in favour of the respondents directing the appellant to pay maintenance amount of Rs. 2000/- per month to the daughter-in-law and Rs. 1000/- each to two granddaughters who are respondents 2 and 3 herein.

Assaulting wife and creating nuisance at her work place in a state of intoxicatin would amount to ‘cruelty’ for obtaining decree of divorce

September 15, 2016 1626 Views 0 comment Print

This appeal under Section 19 (1) of the Family Courts Act, 1984 has been preferred by the appellant (for brevity ‘the husband’) to assail the legality and validity of the impugned judgement dated 28.04.2016 passed by the Family Court, Bilaspur, in Civil Suit No. 208-A/2013, whereby his marriage with the respondent (for brevity ‘the wife’) has been annulled by issuing a decree of divorce on the ground of cruelty.

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