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Judgment Search Results Home > Cases Phrase: mediation Court: chhattisgarh Year: 2014 Page 1 of about 40 results (0.005 seconds)

Jul 11 2014 (HC)

M/s. Panch Raghou Taank Ramnivas Sarda and Co. Vs. Hindustan Petroleum ...

Court : Chhattisgarh

Decided on : Jul-11-2014

..... before the expiry of original period of lease and second, fixation of terms and conditions for the renewed period of lease by mutual consent and in absence thereof through the mediation of local mukhia or panchas of the village. the aforesaid renewal clause (7) and (9) in the agreement of lease clearly fell within the expression ??agreement to the contrary used ..... . the renewal as provided in the original contract was required to be obtained by following a specified procedure i.e. on mutually agreed terms or in the alternative through the mediation of mukhias and panchas. in the instant case, there is a renewal clause in the contract prescribing a particular period and mode of renewal which was ??an agreement to the .....

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Feb 18 2014 (HC)

S.K. Sharma Vs. State of Chhattisgarh Through: Principal Secretary and ...

Court : Chhattisgarh

Decided on : Feb-18-2014

sunil kumar sinha, j. (1) as an effect of coming into force the madhya pradesh reorganisation act, 2000 (the act 2000), the two successor states i.e. state of madhya pradesh and chhattisgarh were formed with effect from the appointed day i.e. 1st of november, 2000. at the relevant time, the appellant was working as an assistant engineer in public works department (pwd). in tentative allocation list the appellant, who was posted in umariya, m.p., was allocated to the state of chhattisgarh. he joined as assistant engineer in the office of chief engineer, raipur chhattisgarh on 21.12.2000. the appellant, thereafter, made an application before the concern authority for reallocation/ transfer on mutual basis with mr. u.s. khare (proposed intervener herein) for finally allocating/ transferring him to the state of madhya pradesh. according to the appellant, the said application for allocation/transfer on mutual basis was withdrawn. however, in a final allocation list issued on 9.9.2002, the appellant was shown to be allocated to the state of madhya pradesh. (2) the appellant then filed w.p. no. 2216/2002 on 28.10.2002, wherein an interim protection was granted on 31.10.2002. this writ petition was disposed of on 28.4.2003 directing the authorities to take appropriate action on representation of the appellant. (3) on 1.5.2003, the central government issued a circular giving complete liberty to the state government to consider the cases of mutual allocation. according to the appellant .....

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Feb 25 2014 (HC)

Mithun Gendre and Another Vs. State of Chhattisgarh and Another

Court : Chhattisgarh

Decided on : Feb-25-2014

1. cr.a.no.556/2009 filed on behalf of mithun gendre and cr.a.no.766/2009 filed on behalf of santosh kumar and raju ratre against the common judgment dated 27-7-2009 passed by the 7th additional sessions judge (ftc), durg in s.t. no.92/2008 are being disposed of by this common judgment. 2. by aforesaid two criminal appeals, the appellants namely mithun gendre, santosh kumar and raju ratre have challenged legality and propriety of the judgment of conviction and order of sentence dated 27-7-2009 passed by the 7th additional sessions judge (ftc), durg in s.t. no.92/2008, whereby and whereunder learned additional sessions judge after holding the appellants guilty for causing homicidal death of anil sharma in sharing common intention and concealing the evidence of criminal case, convicted them under sections 302 read with section 34 and 201 of the ipc and sentenced to suffer imprisonment for life and pay fine of rs.1,000/- each, in default of payment of fine to further suffer si for six months and ri for seven years and pay fine of rs.500/- each, in default of payment of fine to further suffer si for three months, respectively. 3. conviction is impugned on the ground that without any iota of evidence, the trial court has convicted and sentenced the appellants and thereby committed illegality. 4. as per case of the prosecution, deceased anil sharma was in the habit of gambling. on the fateful evening of 3-10-2007 deceased anil sharma was present near bamhnin pond under banyan tree. .....

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Dec 23 2014 (HC)

Amarvati Vs. State of Chhattisgarh and Others

Court : Chhattisgarh

Decided on : Dec-23-2014

prashant kumar mishra, j. 1. the petitioner is aggrieved by the order (annexure-p/1) passed by the collector, balrampur-ramanujganj dismissing her reference under section 21(4) of the panchayat raj adhiniyam, 1993 (henceforth 'the adhiniyam'), which in turn was preferred challenging the resolution of the gram panchayat dated 12.3.2014 wherein the motion of no confidence was carried against the petitioner and she has been ousted from the office of sarpanch of gram panchayat, mahewa. 2. the concerned gram panchayat consists of 13 office bearers including the sarpanch. 10 panchas moved an application before the prescribed authority on 24.2.2014 intending to bring a motion of no confidence against the petitioner. the prescribed authority issued a notice dated 28.2.2014 (annexure-p/5) appointing naib tehsildar, wadrafnagar as presiding officer for convening the meeting of the gram panchayat for considering the motion. the meeting was convened on 12.3.2014 wherein 11 panchas were present and all of them voted in favour of the motion. the presiding officer sent information to the prescribed authority whereupon the order (annexure-p/2) was issued declaring that the petitioner has ceased to remain sarpanch on and from 12.3.2014. 3. the petitioner preferred a reference under section 21(4) of the adhiniyam before the collector. the collector granted interim order in favour of the petitioner, however, by the impugned final order dated 30.7.2014, reference has been decided against the .....

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Apr 25 2014 (TRI)

Mohammad Momid Khan Vs. Magma Leasing Limited, Through: Managing Direc ...

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on : Apr-25-2014

r.s. sharma, president: 1. this appeal is directed against order dated 26.12.2013, passed by district consumer disputes redressal forum, bilaspur (c.g.) (henceforth district forum") in complaint case no.186/2009. by the impugned order, the learned district forum, has dismissed the complaint filed by the appellant/complainant holding that the appellant/complainant does not come in the category of "consumer" as defined in section 2(1)(d) of the consumer protection act, 1986. 2. briefly stated, the facts of the complaint of the appellant /complainant before the district forum are : that the appellant/complainant purchased a second hand jcb vehicle bearing registration no.w.b.26-c-4225 at the price of rs.4,00,000/- with the help of respondent no.1/o.p.no.1 and the installments of the loan were being deposited by him with the respondent no.2/o.p.no.2, who is branch office of the respondent no.1/o.p.no.1. the appellant/complainant was to pay a sum of rs.4,58,850/- against the amount of loan, but he had paid a sum of rs.4,65,100/-. even then respondent no.1/o.p.no.1 had not provided the documents relating to vehicle in question and no objection certificate by saying that the appellant/complainant had not paid the installments regularly therefore some amount is due against him. due to this act of the respondents/ops, the appellant/complainant could not ply the vehicle and due to its stationary condition, the vehicle suffered some problems. the appellant / complainant also suffered .....

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Dec 09 2014 (HC)

K.R. Yadav Vs. Rena Kangala and Others

Court : Chhattisgarh

Decided on : Dec-09-2014

(1) this is a rule against respondents no. 3 and 4/contemeners herein issued by this court for disregarding and disobeying the order dated 4.10.2013 passed in w.p.(s) no. 2344/2013 (k.r. yadav vs. state of chhattisgarh and others) under section 12 of the contempt of courts act, 1915 ( hereinafter referred to as ??the act, 1915) read with article 215 of the constitution of india. (2) in the writ petition filed by the petitioner herein, this court directed on 4.10.2013 that if the amount of rs. 90,259/- forfeited from the account under group insurance scheme has not been disbursed, the same shall not be disbursed during pendency of appeal and the appellate authority shall decide the appeal within the period of three months. in the said writ petition, the state of chhattisgarh, appellate authority and the commissioner, directorate of public instructions were impleaded as party respondents. the district education officer and the principal of govt. boys higher secondary school, nariyara were not impleaded as party respondents in the writ petition. (3) the order complained of was passed on 4.10.2013 and before the passing of that order; by order dated 3.10.2013, the district education officer, jangir directed the principal of the government higher secondery school, nariyara to deposit the said amount into the accounts of the concerned teachers and it was actually deposited on 11.10.2013. (4) the order complained of dated 4.10.2013 was sent to the director, public instructions with .....

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Dec 09 2014 (HC)

K.R. Yadav Vs. Rena Kangala and Others

Court : Chhattisgarh

Decided on : Dec-09-2014

(1) this is a rule against respondents no. 3 and 4/contemeners herein issued by this court for disregarding and disobeying the order dated 4.10.2013 passed in w.p.(s) no. 2344/2013 (k.r. yadav vs. state of chhattisgarh and others) under section 12 of the contempt of courts act, 1915 ( hereinafter referred to as ??the act, 1915) read with article 215 of the constitution of india. (2) in the writ petition filed by the petitioner herein, this court directed on 4.10.2013 that if the amount of rs. 90,259/- forfeited from the account under group insurance scheme has not been disbursed, the same shall not be disbursed during pendency of appeal and the appellate authority shall decide the appeal within the period of three months. in the said writ petition, the state of chhattisgarh, appellate authority and the commissioner, directorate of public instructions were impleaded as party respondents. the district education officer and the principal of govt. boys higher secondary school, nariyara were not impleaded as party respondents in the writ petition. (3) the order complained of was passed on 4.10.2013 and before the passing of that order; by order dated 3.10.2013, the district education officer, jangir directed the principal of the government higher secondery school, nariyara to deposit the said amount into the accounts of the concerned teachers and it was actually deposited on 11.10.2013. (4) the order complained of dated 4.10.2013 was sent to the director, public instructions with .....

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Aug 08 2014 (HC)

State of Chhattisgarh and Another Vs. M/s. VM Extrusions Pvt. Ltd. and ...

Court : Chhattisgarh

Decided on : Aug-08-2014

1. the only point involved in this writ appeal is, ??whether or not m/s. vm extrusions private limited (the respondent) is entitled to exemption of entry tax on the principle of promissory estoppel. it arises in this writ appeal from the judgment of the single judge dated 23-3-2011 allowing writ petition (t) - 6057 of 2008 filed by the respondent. the facts: 2. the state of chhattisgarh was formed after carving out an area from the erstwhile state of madhya pradesh on 1-11-2000. it was a backward area; though highly rich in natural resources and had large untapped potential for industrialisation. 3. in order to initiate economic and social growth, the state came out with a policy on 25-1-2002 for the years 2001-06 (the 2001-06 policy). it gave various benefits to the industries setting up in the state. 4. according to the respondent, it set up its factory in raipur and started its commercial production on 16-6-2004 in pursuance of the 2001-06 policy; it manufactures high density polyethylene woven bags (hdpe woven bags) and was middle scale thrust industry; it was entitled to benefit of exemption in electricity duty, stamp duty and entry tax under the 2001-06 policy and got all the benefits under the 2001-06 policy except the exemption in the entry tax. 5. the respondent filed a representation before the appellants claiming exemption from payment of entry tax on 1-10-2004. 6. during the pendency of the aforesaid representation, the state government issued a notification dated .....

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Jan 23 2014 (TRI)

Managing Director, National Seeds Corporation Limited and Another Vs. ...

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on : Jan-23-2014

(order) r.s. sharma, president: 1. this order will govern disposal of appeal no. fa/12/766 as well as appeal no. fa/12/773, which have been preferred respectively by o.p. no.1 and o.p.no.4 of the complaint case no.05/2011, decided by district consumer disputes redressal forum, kabirdham (kawardha) (c.g.) vide order dated 23.11.2012, directing thereby to both the appellants/(o.p.no.1 and o.p.no.4) to pay the complainants cost of 230.40 quintals of paddy as notified by the government of chhattisgarh for procurement of the aforesaid crop, within two months from the date of order along with interest @ 6% p.a., with further direction that in case of failure of payment of aforesaid amount, the amount will carry interest @ 9% p.a. it has also been directed that the aforesaid amount would first be payable by o.p.no.4 of the complaint case and in case of its failure, the aforesaid amount will be payable by o.p.no.1. litigation cost, rs.2,000/- has been quantified and the appellants./ (o.p.no.1 and o.p.no.4) have been directed to pay this amount to the complainants. for the purpose of convenience, hereinafter in this order, the parties will be referred as per their original nomenclature in the complaint case. the original of this order be retained in the file of appeal no. fa/12/766 and its copy be placed in the file of appeal no. fa/12/773. 2. it is undisputed that national seeds corporation ltd. had supplied paddy seeds to the seeds corporation of the state and in the relevant year .....

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Jul 15 2014 (HC)

Arjun Gop and Another Vs. State of Chhattisgarh

Court : Chhattisgarh

Decided on : Jul-15-2014

1. invoking the revisional jurisdiction of this court under section 397 read with section 401 of the code of criminal procedure, 1973 (henceforth ??cr. p.c.), the applicants, two in numbers, languishing in jail, have filed the instant revision questioning the legality and correctness of the order dated 18-6-2014 passed by the appellate court in criminal appeal no. 19/2004 declining to exercise the jurisdiction under section 389(1), cr. p.c. to suspend the sentence during the pendency of the appeal. 2. the facts, in brief, are as under: 2.1 applicants arjun gop and manoj das stood convicted for offence under sections 34(1)(a), 34(2) and 59-a of the chhattisgarh excise act, 1915 (henceforth ??the act, 1915) and sentenced to undergo rigorous imprisonment for one year and to pay fine of rs.25,000 each. it is also stood on record that as on 18-6-2014, applicant arjun gop had remained in custody for six months and four days and applicant manoj das for four months. 2.2 in an appeal filed under section 374(3) cr. p.c. before the court of session, the applicants also moved an application under section 389(1), cr. p.c. invoking the jurisdiction the court for suspension of sentence awarded to them. the court of session/the appellate court, by the impugned order, rejected the application under section 389(1), cr. p.c. for suspension of sentence holding that no valid ground exists in favour of the applicants for suspension of the substantive jail sentence, against which the instant .....

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