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Judgment Search Results Home > Cases Phrase: mediation Court: chhattisgarh Year: 2005 Page 1 of about 13 results (0.007 seconds)

Oct 07 2005 (HC)

Mst. Nirashi Bai Vs. Ramlal S/O Kajal Ganda and ors.

Court : Chhattisgarh

Decided on : Oct-07-2005

Reported in : AIR2006Chh73

vijay kumar shrivastava, j.1. this second appeal under section 100 of the code of civil procedure, is directed against the judgment and decreed dated 22-7-1991 passed by 1st additional district judge, raigarh, in civil appeal no. 15-a/90 arising out of the judgment and decree dated 2-1-1990 passed by 3rd civil judge, class ii, raigarh. in civil suit no. 62-a/87 whereby reversing the judgment and decree passed by the trial court, decreed the suit in favour of the plaintiffs/respondents nos. 1 and 2.2. plaintiff /respondent nos. 1 and 2 filed a suit for declaration and possession of the suit land as also sought declaration that the sale deed dated 3-5-1967 executed by deceased sadvo in favour of defendant no. 1 / appellant, transferring the suit land in her favour is not binding on them, on the averment that the father of the plaintiffs/respondents nos. 1 and 2 and deceased sadvo were real brothers having 4.04 acres of agricultural land at village nawapara. they were in joint family and were cultivating jointly. after the death of kajal ganda, father of the plaintiffs/respondents nos.1 and 2, the property remained joint in the name of plain-tiffs/respondents nos.1 and 2 and sadvo. the land was also in their joint possession, but without knowledge of plaintiffs/respondents nos. 1 and 2, sadvo sold one acre of land for consideration of rs. 1400/- to defendant no. 1 /appellant vide a registered sale deed dated 3-5-1967 and thereafter sadvo died. defendant no. 1 /appellant filed an .....

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Apr 27 2005 (HC)

Rajkumar Vs. State of Madhya Pradesh (Now Chhattisgarh)

Court : Chhattisgarh

Decided on : Apr-27-2005

Reported in : 2006CriLJ2472

l.c. bhadoo, j.1. appellant-rajkumar has preferred this appeal under section 374(2) of the code of criminal procedure through the jailor, central jail, bilaspur questioning the legality and correctness of judgment of conviction and order of sentence dated 12th may, 1998 passed by learned 7th additional sessions judge, bilaspur in sessions trial no. 214/97 whereby learned additional sessions judge after holding the accused/appellant guilty under section 302 of the i.p.c. for committing murder of his father aadhaar, sentenced him to undergo imprisonment for life.2. brief facts leading to filing of this appeal are that on 13-2-1997 when deceased aadhaar, father of accused/appellant herein, was sleeping in the house on a cot by covering his body with a chadar, the accused/appellant all of a sudden picked up the lathi, which was lying near the cot, attacked the deceased with the same on his head, as a result of which deceased sustained severe injuries, even the skull was fractured. on coming to know about the incident, jaikumar, younger brother of accused, took his father to the police station chakarbhata, informed the police and thereafter, took his father to dharam hospital, bilaspur for treatment, where aadhaar succumbed to the injuries on 15-2-1997. as such, a mere intimation (ex. p-6) was sent by the hospital to the police station, city kotwali, bilaspur, based on that, the offence under section 302 of ipc at sr. no. 0 was registered under ex. p-4 and thereafter, same was .....

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Jun 25 2005 (HC)

Mohammed Akbar Vs. Registrar, Co-operative Societies and ors.

Court : Chhattisgarh

Decided on : Jun-25-2005

Reported in : 2006(1)MPHT86(CG)

ordera.k. patnaik, c.j. 1. in these two writ petitions under articles 226/227 of the constitution of india, the order dated 2-4-2004 passed by the registrar, co-operative societies, chhattisgarh, raipur in review case no. 80-01/2004 has been challenged.2. the facts relevant for the disposal of these two writ petitions briefly are that the district co-operative central bank, raipur/respondent no. 2 (for short 'the co-operative bank') is a co-operative society registered under the madhya pradesh co-operative societies act, 1960 which has renamed after its adaptation to the state of chhattisgarh as the chhattisgarh co-operative societies act, 1960 (for short 'the act'). respondent nos. 2 to 6 who are delegates of their respective primary societies were elected as directors of the board of the co-operative bank. respondents 3 and 4 were also the chairman and vice chairman of the co-operative bank. respondents 3, 4, 5 and 6 were also members of the staff sub committee of the co-operative bank. there were serious allegations irregular appointments, promotions and other matters concerning the employees of the co- operative bank and after an enquiry into the allegations, the joint registrar, co-operative societies, raipur by order dated 3- 2-1999 directed the board of directors of the co-operative bank to take action for removal of respondents 3 to 6 from the staff sub committee and from the post of directors.3. the said order dated 3-2-1999 of the joint registrar was challenged in .....

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Mar 24 2005 (HC)

Prashant Kumar Vs. State of C.G.

Court : Chhattisgarh

Decided on : Mar-24-2005

Reported in : AIR2006Chh1; 2005(4)KLT159

l.c. bhadoo, j.1. by these writ petitions under articles 226/227 of the constitution of india, the petitioners have questioned the legality and propriety of the orders to refuse renewal of their certificates to practice as notary on the basis of government order dated 31st december, 2002.brief facts leading to filing of these writ petitions are that the petitioners who are advocates by profession practicing law in different parts of the state of chhattisgarh were functioning as notaries public as they were appointed as such under the notaries act, 1952 (hereinafter referred to as 'the act') by the erstwhile state of madhya pradesh. in the last, their renewal was refused by the state government on the basis of its executive order dated 31st december, 2002, whereby looking to the number of notary posts fixed for the state it has been decided that under section 5 of the act, the certificate to practice as notary public is to be renewed once in order to give chance to more number of advocates to practice as notary public. however, if any certificate has been renewed prior to this date, will remain effective till the date of expiry.2. as all these writ petitions involve same question of law, therefore, they are being disposed off by this common order.3. petitioner chandra prakash sharma (w.p. no. 3247/2003) was appointed as notary public vide order 2.1.1989 for raipur civil district, his certificate was renewed from time to time, and lastly it was renewed up to 1.1.2001, .....

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Jul 14 2005 (HC)

Utkal Hydrocarbons and Etc. Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Decided on : Jul-14-2005

Reported in : AIR2006Chh36; 2006(2)MPHT68(CG)

a.k. patnaik, c.j.1. this batch of writ petitions relates to allotment of bye products of bhilai steel plant as raw materials to different industries located in the state of chhattisgarh and were heard analogously and are being disposed of by this common judgment and order.2. the facts briefly are that m/s. raysinet kemical co. and others filed a writ petition misc. petition no. 462 of 1981 in the high court of madhya pradesh at jabalpur before the state of chhattisgarh was constituted by the madhya pradesh reorganisation act, 2000 complaining of arbitrary distribution of by products of the bhilai steel plant as raw materials to different industries and by judgment and order dated 11-10-1984 the said batch of writ petitions were disposed of by the madhya pradesh high court with the direction that the director of industries, madhya pradesh, in the light of the discussion in the order, will evolve a reasonable formula and allot the raw materials available in the light of the formula to the 13 industrial units.3. pursuant to the said directions of the madhya pradesh high court in the judgment and order dated 11-10-1984 passed in misc. petition no. 462 of 1981, the industries commissioner, government of madhya pradesh, by order dated 30-11-1984 constituted a four members committee (hereinafter referred to as the 'first committee') headed by additional director of industries, burg and after considering the factors mentioned in the judgment and order dated 11-10-1984 of the madhya .....

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Mar 09 2005 (HC)

Mohan (In Jail) Vs. State of Chhattisgarh

Court : Chhattisgarh

Decided on : Mar-09-2005

Reported in : 2005CriLJ3271

orderv.k. shrivastava, j.1. heard.2. the petitioner-mohan, aged about 17 years, was found in possession of 34 liters and 507 milliliters of illicit liquor. the liquor was seized from him, and he was arrested for committing the offence under section 34(1)(a) of the excise act. the petitioner filed an application under section 12 of the juvenile justice (care and protection of the children) act, 2000 (henceforth 'the act') for grant of bail. the juvenile justice board rejected his application vide order dated 5-1-2005. disgruntled with the said order, he preferred an appeal under section 52 of the act before sessions judge, raipur. learned sessions judge, raipur, after hearing both the parties, maintained the finding of the juvenile justice board to the effect that there is reason to believe that the petitioner may come into association with criminals connected with the crime for which the petitioner was arrested and his release would defeat the ends of justice, and accordingly dismissed his criminal appeal no. 16/2005 vide order dated 18-1-2005.3. the petitioner, instead of filing revision, applied under section 439 of the code of criminal procedure before this court for releasing him on bail. during the pendency of the application, the petitioner, relying on the decision rendered in hardip singh v. state of punjab, reported in 2002 (2) crimes 179, filed la. no. 510/2005 for converting the bail application into revision.4. for deciding the petitioner's application filed for .....

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Apr 15 2005 (HC)

Bharat @ Bhrat and anr. Vs. State of Chhattisgarh

Court : Chhattisgarh

Decided on : Apr-15-2005

Reported in : 2005(4)MPHT33(CG)

ordersunil kumar sinha, j.1. in this revision, filed under section 53 of the juvenile justice (care and protection of children) act, 2000 (hereinafter referred to as the 'act 2000'), the two juveniles namely bharat @ bhrat and shobha @ sunny have called in question the legality and propriety of the order dated 15-2-2005 passed in criminal appeal no. 36 of 2005 by the sessions judge, raipur, arising out of the order dated 19-1-2005 passed in criminal case no. 462 of 2004 by the juvenile justice board, raipur (cg). the board had dismissed the bail; application of these juveniles filed under section 12 of the act 2000 by the said order dated 19-1-2005 which was confirmed in appeal filed under section 52 of the aforesaid act.2. briefly stated facts giving rise to the filing of the present revision are as follows :--these two juveniles were arrested on 4-12-2004 at 18.00 hours in connection with crime no. 584/2004 registered at police station, mahasamund for the offence punishable under section 363 read with section 34 of the ipc. their first remand was taken by the police on 5-12-2004 and they were sent to the samprekshan grih at mana (raipur) in judicial custody for further production on 18-12-2004 before the chief judicial magistrate (member of the board). thereafter, on subsequent dates time was granted to the prosecution for filing the charge-sheet and ultimately on 22-12-2004 the charge-sheet was filed against the 3 persons (adding one more juvenile namely kuleshwari). it .....

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Sep 06 2005 (HC)

Bodhan Prasad and ors. Vs. State of Chhattisgarh

Court : Chhattisgarh

Decided on : Sep-06-2005

Reported in : 2006(1)MPHT75(CG)

ordersunil kumar sinha, j.1. the appellants/plaintiffs, who have lost in both the courts, have filed this second appeal being aggrieved with the judgment and decree dated 11-12-2003 passed in civil appeal no. 29-a/2003 by the iind additional district judge (f.t.c.), bemetara, district durg, arising out of judgment and decree dated 14-1-1999 passed in civil suit no. 12-a/1987 by the civil judge, class-i, bemetara, district durg (c.g.).2. the brief facts are that the plaintiffs had filed a suit for declaration that the order passed in revenue (ceiling) case no. 167-169-b/90 (3) years 1975-76 on 22-6-1982 by the competent authority be declared void and inoperative against them. it was further prayed that the plaintiffs be declared the owners of the entire suit land, comprising of 19.95 acres except the land admeasuring 4.87 acres described in schedule 'a' of the plaint. they further claimed permanent injunction restraining the defendant/state from distributing the surplus land to the other person, as declared by the aforesaid order, and have also prayed for return of possession of these lands.3. the case of the plaintiffs is that they are the joint owners of the suit lands. plaintiff no, 1, bodhan prasad is the karta of the family. a proceedings under the m.p. ceiling on agricultural holdings act, 1960 (hereinafter referred to as the act) was drawn against them by the additional commissioner, raipur division, raipur vide the aforesaid ceiling case and the subject matter of the .....

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Nov 25 2005 (HC)

State Bank of India Vs. Shankar Lal and anr.

Court : Chhattisgarh

Decided on : Nov-25-2005

Reported in : 2006(3)MPHT70

v.k. shrivastava, j.1. this appeal is directed against the judgment and decree dated 13-3-1996 passed by iind additional distt. judge, rajnandgaon, in civil suit no. 18-b/94 whereby the suit filed by the respondents for recovery of rs. 71,607/- alongwith interest, has been dismissed.2. for disposal of this appeal materials facts, in brief compass, are that the appellant invoking the provisions contained in order 37 of the code of civil procedure, 1908 instituted a civil suit for recovery of rs. 71,607/- alongwith interest. the claim was made on the averment that the respondent no. 1 applied for a medium term commercial loan of rs. 37,500/- in the shape of term loan facility for purchase of new bi-cycles and accessories. after due processing of the application, the above term loan was sanctioned and on 28-9-1989 the loan was disbursed from the loan account no. t.l./89/13. respondent no. 2 stood surety for the said loan. both the respondent nos. 1 and 2 executed several documents against the grant of the said loan. respondent no. 1 as his last deposit, made a deposit of rs. 500/- on 20-5-1992 and thereafter failed to repay the balance amount together with interest. for repayment of remaining amount legal notices were served on respondents. however, despite that no amount towards balance was paid, therefore, the bank filed a suit for recovery of balance amount.3. respondent no. 1 remained ex parte in the suit. respondent no. 2 obtained permission to defend the suit, but failed .....

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Sep 12 2005 (HC)

Minor Dipika and Etc. Vs. C.G. State Electricity Board and anr.

Court : Chhattisgarh

Decided on : Sep-12-2005

Reported in : AIR2007Chh1

orderl.c. bhadoo, j.1. writ petition no. 4200/2005 filed by minor dipika through her next friend setram against the c.g. state electricity board & writ petition no. 1804/2005 filed by minor nalini through her next friend ganesh dhoba against the c.g. state electricity board are being disposed of by the common order, as in these writ petitions similar question of law is involved.2. by these writ petitions the petitioners have questioned the legality, propriety and correctness of orders dated 10.8.2005 passed by learned district judge, raigarh in civil suit nos. 5a/2004 & 6a/2004 whereby learned district judge has rejected the applications filed on behalf of the petitioners under order 16, rule 1 read with section 151 of the code of civil procedure (hereinafter shall be referred to as 'the code') for summoning the witnesses along with original records mentioned in the application.3. brief facts leading to filing of the writ petitions are that the petitioner herein who are students of government primary school, satapali, have filed the above mentioned civil suits before the district court raigarh for awarding compensation against the respondents on the ground that on account of negligence of the respondents the petitioners had suffered electric shock when they were in school. after issuance of summons, the respondents herein have filed their written statement. on 5.2.2005 learned district judge framed issues arising out of the pleadings of the parties and on that day itself .....

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