Chhattisgarh High Court
In Absence Of Statutory Provision For Waiting List, Unfilled Vacancies Can't Be Claimed By Next Merit Candidate : Chhattisgarh HC
A division bench of the Chhattisgarh High Court comprising of Ramesh Sinha, Chief Justice and Justice Ravindra Kumar Agrawal, held that in absence of statutory provision for a waiting list, the unfilled vacancy cannot be claimed by the next candidate in merit, and such vacancies must be carried forward for the future recruitment Background Facts An advertisement for 57 posts of Sanitary Inspector was issued by the Directorate, Urban Administration Department, ...
All Pensioners Form A Single Class, & Classification Based On Cut-Off Date For Revised Pension Benefits Is Arbitrary & Violative Of Article 14: Chhattisgarh HC
The Chhattisgarh High Court bench comprising of Justice Rakesh Mohan Pandey held that differentiating pension benefits based on the retirement date (pre-2006 vs. post-2006) violates Article 14 of the Constitution as it creates an arbitrary classification without a justifiable relation to the objective of pension revision. Background Facts The pensioners of Government Colleges...
Legislature Must Relax Rigid Conditions U/S 45 PMLA To Allow Room For Bail Determination On Case-By-Case Basis: Chhattisgarh HC
In a significant observation, the Chhattisgarh High Court has said that in the interest of upholding the fundamental rights of the citizens, the legislature must relax the 'rigid' twin conditions under Section 45 of Prevention of Money Laundering Act to provide 'wiggle room' to the courts to determine bail on a more case-to-case basis. “This would prevent minor bail cases reaching...
'Naxal Attacks Are Politically Driven, Threaten National Security': Chhattisgarh HC Upholds Conviction Of Four In 2014 Tahakwara Naxal Ambush
The Chhattisgarh High Court has upheld the order of conviction passed by a Special NIA Court against four persons, who were held guilty for their involvement in 2014's Tahakwara Naxal attack in which 15 security personnel were martyred and a civilian lost his life. The Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal termed naxal attacks to be threat...
NDPS Act | Standing Order Non-Compliance Not Fatal To Prosecution's Case If Recovery Proved From Other Evidence: Chhattisgarh HC
The Chhattisgarh High Court has held that a deviation from Section 52- A of the NDPS Act or standing order will not be fatal to the prosecution case if the recovery and seizure of the contraband from the accused's possession are clearly established from other evidence in its cumulative effect. A bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal observed thus...
'Conduct Not In Accordance With Dignity Of AG's Office': Chhattisgarh HC Denies Anticipatory Bail To Ex-Advocate General In 'NAN Scam' Case
The Chhattisgarh High Court has rejected anticipatory bail to former Advocate General Satish Chandra Verma for his alleged involvement in the 'Nagarik Apurti Nigam' scam ('NAN scam') and misusing his constitutional office to influence outcomes of certain cases in favour of top administrative officers of the State. While finding prima facie case against the applicant, Justice...
Chhattisgarh HC Acquits Man Accused Of Unnatural Sex With Wife, Says S.377 IPC Would Be Repugnant Due To Exception 2 To S.375 IPC
The Chhattisgarh High Court has found Section 377, which provides punishment for unnatural offences, to be repugnant to Exception 2 of Section 375 of the IPC, which says that sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.While acquitting a husband from the charge of non-consensual unnatural sexual intercourse with...
Execution Proceedings Can't Be Quashed Solely Due To Non-Supply Of Signed Arbitral Award: Chhattisgarh High Court
The Chhattisgarh High Court bench of Justice Rakesh Mohan Pandey has held that non-supply of the signed arbitral award may be a ground for setting aside an award, but on this ground alone, the execution proceedings cannot be quashed. Brief Facts The petitioner purchased a vehicle through a hire purchase agreement with respondent No.1/bank. The petitioner failed to make payment...
Chhattisgarh High Court Takes Suo Moto Cognizance Of Non-Functioning Of State Bar Council Since 2021
On Thursday, the Chhattisgarh High Court registered a suo moto Public Interest Litigation (PIL) over the non-functioning State Bar Council of Chhattisgarh since 2021. In its order, a bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal noted that several crucial activities have come to a halt due to the State Bar Council's non-functioning since 2021. These...
Second Wife Of Husband Can't Be Prosecuted For Bigamy Under Section 494 IPC: Chhattisgarh High Court
The Chhattisgarh High Court has reiterated that a person who is single and marries another whose marriage is substituting cannot be not liable under Section 494 IPC, but it is the person whose marriage is substituting who would be liable. Interpreting the provision of law, the Bench of Justice Arvind Kumar Verma held –“In the present case, it is not the case of the prosecution that...
'Celebrating Birthdays In Middle Of Road Has Become A Fashion': Chhattisgarh HC Takes Suo Moto Cognizance Of Raipur Incident
The Chhattisgarh High Court has taken suo moto cognizance of a news report published in Hindi daily Dainik Bhaskar concerning an incident from Raipur, a video of which has also gone viral on social media. The incident involved a birthday celebration where a car was parked in the middle of the road near Raipura Chowk in Raipur. According to the news report, fireworks were set off after...
Ordinarily Courts Shouldn't Interfere With Invocation Or Encashment Of A Bank Guarantee If It Adheres To Guarantee Terms : Chhattisgarh HC
The Chhattisgarh High Court recently denied relief to Sutlej Textiles, Rajasthan, against South Eastern Coal Field Limited, where the agreement for coal supply was terminated by the latter and the security deposit, along with other deposits, was forfeited. The bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal held that the Court should not interfere with the invocation...
Chhattisgarh HC Orders Criminal Action Against Complainant In Cash-For-Job Case, Warns Public Against Falling Prey To Touts
On Wednesday, the Chhattisgarh High Court directed the Registrar General of the HC to initiate criminal prosecution against the complainant, who admittedly gave money to an accused to secure a job in the High Court for a wrongful purpose. A bench of Chief Justice Ramesh Sinha also noted that despite several warnings issued by the Registrar General, the general public is becoming an...
'Matter Of Shame For All That Female Students, Staff Forced To Urinate In Open': Chhattisgarh HC Takes Suo Moto Note Of Lack Of Toilets In Govt Schools
On Monday, the Chhattisgarh High Court took suo moto cognisance of a newspaper report published in Dainik Bhaskar stating that 150 government schools in the Bilaspur District do not have toilets and more than 200 schools are such where the toilets are not usable. Taking note of this state of affairs, a bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal...
'Unwarranted': Chhattisgarh High Court Allows Candidates Without State Bar Enrolment To Sit For Civil Judge Exam
As an interim respite, the Chhattisgarh High Court has allowed candidates who are not enrolled with any State Bar Council as an 'Advocate' to appear in the Civil Judge (Junior Division) Examination, 2024.The Division Bench of Chief Justice Ramesh Singh and Justice Ravindra Kumar Agrawal prima facie found the condition of Bar enrolment for appearing in the judicial service examination to...
NDPS Act | Quantity Of Both Offending Drug & Neutral Substance Must Be Considered To Determine 'Small Or Commercial' Quantity: Chhattisgarh HC
The Chhattisgarh High Court has observed that while considering the mixture of narcotic drugs or psychotropic substances to determine whether it would constitute a 'small quantity or commercial quantity', not only the quantity of the 'offending drug' but the quantity of 'neutral substance' mixed should also be taken into consideration. A bench of Chief Justice Ramesh Sinha and...
'How Chinese Manjha Available In Market Despite State-Wide Ban?': Chhattisgarh HC Asks Govt Over Minor's Death
The Chhattisgarh High Court on Monday took suo moto cognizance over the unfortunate death of a 7-year-old boy after a chinese manjha got stuck in his neck. Taking a strict view over the availability of Chinese manjha in the state markets despite a state-wide ban, a bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal directed the state secretary to file an affidavit...
Additional Evidence Can Only Be Allowed In Exceptional Circumstances While Deciding Plea U/S 34 Of Arbitration Act: Chhattisgarh HC
The Chhattisgarh High Court bench of Justice Rakesh Mohan Pandey has held that additional evidence not forming part of the arbitral record can be allowed to be given only in exceptional circumstances while hearing a petition under section 34 of the Arbitration Act. Brief Facts: The petitioner challenges an order passed by the commercial court by which an application under section...
Non-Extension Of Contract Based On Allegations Of Absence From Duty, Without Following Due Process Violates Natural Justice: Chhattisgarh HC
In a case pertaining to non-extension of services of a Rojgar Sahayak, the Chattisgarh High Court said that when such decision has civil consequences and is based on allegations of negligence and absence from duty, then it cannot be taken without adhering to principles of natural justice.The Court observed that in the present case respondent authorities–Zila Panchayat, Mungeli, had failed...