A single judge dismissed a writ petition under Article 227 challenging the rejection of an application for the release of the balance insurance award amount. The court found no jurisdictional error in the lower court's order.
The writ petition was dismissed; the petitioner was directed to approach the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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INTHE HIGH COURT OF CHHATTISGARH BILASPUR
WRTT pmTiON U/A 227 NO. lu,s& OF 2010
PETITIONERS : Ci'u'yn^iij^
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Haseena Begum Widow of Late Naseer Khan, aged about 49 years.
Rahmat Khan, S/0 Late Naseer Khan,aged about 27 years, Both are R/0 Darripara, Kawardha, DistrictKabirdham, (C.G.).
VERSUS
RESPONDENTS :
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Raipur, District- Raipur, (C.G.)
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WRIT PETITION U/A 227 OF THE CONSmTUTION OF INDIA
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| SB: Hon'MeShrtManindraNlohanShr 05-04-2010 |
ifr»tava.J | |
| p ShriSunit Sahu, counselforthe Heard onadmission. |
e(itioner. | |
| aggri This pelition has been filed P/1 by which the petitioner's application has been rejectBd. The petitioner has balance amount of award remaining petidonersare in need house. From the order impugned, it rejectsd on the ground Biat no a real need of construction. The conskferatun that the amount has been The reasons recoided by the learned not suffer from any error of jurisdiction counsel for the petitioner draws 11A52/2010 and certain photographs. l certificate and the phott^raphs or any the Court betowat the time when the consideration. u tea ap f ofmoneyforsolem document co attent ott |
e | |
| Be thatas it may, Ihis Courtdoes order passed by the Courtbelow. Itwou the Court betow wtth Ihe appropriate reteaseofthe balanceamount. ma |
l^ ^iotfind anyreason to interiisre uwth the beopen forthe petiljonertoapproach t^rial, V any, in support ofthis claim for |
|
| Accordingly, thepetition isdismiss | ^d | |
| Tumane | Sd/- s Manindra Mohan Shrivastava Judge |
Tumane
3 issues framed by the court
Whether the High Court should interfere with the lower court's rejection of an application for releasing the balance insurance award amount.
Whether the petitioner is in total financial need requiring the funds for house construction.
Whether the lower court committed jurisdictional error in rejecting the application despite material being placed.
1 provisions across 1 enactments
Ci'u'yn^iij^
Sayyed Ashique Ali Khan
United India Insurance Company Ltd.
Manindra Mohan Shrivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
