Section 348 BNSS | Court's Power To Recall, Re-Examine Witness Must Be Exercised With Great Caution: Chhattisgarh High Court Reiterates

The Chhattisgarh High Court has reiterated that Section 348 of BNSS (erstwhile Section 311 CrPC) which grants court power to summon any person or examine them, or recall and re-examine already examined person, can only be invoked to meet ends of justice, for strong and valid reasons and must be exercised with great caution. Section 348 of BNSS bestows upon the Court the power to summon, at...

Compassionate Appointment Can't Be Misused On Ground That Already Employed Family Member Is Financially Unsupportive: Chattisgarh HC

The Chhattisgarh High Court has rejected a plea of a woman who sought compassionate appointment after the death of her husband on the grounds that the family was financially well, despite her claim that the earning member of the family was unable to support her.Referring to the compassionate appointment scheme, which was relied on by the deceased's wife on the ground that it provided no bar...

Marks Deducted For Typing Words Not Dictated: Chattisgarh HC Rejects Candidate's Plea Alleging Wrong Calculation In Stenographer's Test

The Chhattisgarh High Court has rejected a plea of a candidate who challenged his non-selection to the post of Stenographer on account of wrongful calculation of marks during skill test.A division bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, held,“From perusal of the answer sheet of the appellant, it is quite vivid that the appellant has typed the word which was...

“Private Agenda”: Chhattisgarh High Court Dismisses PIL Seeking Release Of Sanctioned Amount Of ₹20 Lakh For 'Malhar Mahotsav'

The Chhattisgarh High Court, by an order dated 2.04.2025, has dismissed a PIL filed by the President of Bilaspur Lokhit Sanskritik Seva Samiti, Malhar, praying before the Court to direct the state authorities to release a sanctioned amount of Rs.20 lakh for the smooth organisation of Malhar Mahotsav, which had not been organised for the past six years due to financial constraints.In this...

'Husband Never Complained Of Adultery': Chhattisgarh HC Acquits Man Convicted For Having Sex With Married Woman On False Promise Of Marriage

The Chhattisgarh High Court has overturned an order of conviction passed by a Sessions Court against a man, holding him guilty of adultery under Section 497 of the Indian Penal Code ('IPC') for having repeated sex with a married woman on the false assurance of marriage, since the husband of such woman did not make any complaint of adultery before any competent Court.While passing the order...

Collector's Refusal To Call For Originals In Case Of Deficient Stamp Duty Doesn't Curtail Court's Power To Impound Document: Chhattisgarh HC

The Chhattisgarh High Court has held that a decision taken by a Collector (Stamps) to not exercise power under Section 48B of the Indian Stamp Act which empowers him to order production of original instrument in case of deficiency in stamp duty, would not curtail power of the Court to impound the document under Section 33. Justice Rakesh Mohan Pandey in his order said, “In the present case,...

Chhattisgarh HC Rejects Employee's Plea For Back Wages After Acquittal In Appeal, Says Subsequent Acquittal Doesn't Operate Retrospectively

Dismissing a writ petition filed by an employee, who was convicted of a crime but later acquitted and demanded back wages thereafter, the Chhattisgarh High Court has held that the subsequent acquittal of the employee does not entitle him to back wages as such acquittal does not operate retrospectively to wipe out the legal consequences of the conviction.The petitioner had prayed that he...

'Consensual Intercourse, Victim Habituated To Sex': Chhattisgarh High Court Acquits Man Of Rape Charges After 6 Yrs In Jail

The Chhattisgarh High Court has acquitted a man convicted for commission of offences under Section 376(2)(n) (repeated rape on same woman) of the Indian Penal Code ('IPC') and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act ('POCSO Act') after finding lack of evidence to suggest minor age of the victim so also upon being convinced that...

Chhattisgarh HC Reduces Man's Sentence U/S 377 IPC For Sodomising Friend After Watching Porn, Says He Deserves Some Repreive

The Chhattisgarh High Court has recently reduced the sentence of a man convicted for having unnatural/anal sexual intercourse with a friend after watching certain pornographic contents on his mobile phone.Justice Rajani Dubey, though maintained the conviction under Section 377 (Unnatural offences) IPC, was of the view that the accused-appellant deserves some reprieve, especially considering...

Penalty U/S 271(1)(c) Of Income Tax Act Not Applicable If Assessee Voluntary Discloses Bona Fide Mistake: Chhattisgarh High Court

In a recent ruling, the Chhattisgarh High Court held that penalty under Section 271(1)(c) of Income Tax Act not applicable if assessee voluntary discloses bona fide mistake. Section 271(1)(c) of the Income Tax Act, 1961 deals with penalties for concealment of income or furnishing inaccurate particulars of income. The Division Bench of Justices Sanjay K. Agrawal and...

Pension Hard-Earned 'Property' Protected Under Article 300A, Can't Be Taken Away Without Following Due Process: Chhattisgarh High Court

The Chhattisgarh High Court has held that pension is a hard earned benefit accrued to an employee and is in the nature of 'property', which enjoys the protection of Article 300-A of the Constitution of India and the same cannot be taken away without due process of law.A Single Judge Bench of Justice Bibhu Datta Guru, further observed, “A person cannot be deprived of this pension without...

Corroborative Evidence Required To Substantiate Convictions Based On Last Seen Theory: Chhattisgarh High Court Reverses Rape-Murder Conviction

The Chhattisgarh High Court has reiterated that the conviction of an accused cannot be recorded solely on the basis that he was last seen with the deceased and while basing the conviction on the last seen theory, it is safer for the Court to look for corroboration from other circumstances and evidence adduced by the prosecution.A Division Bench of the High Court comprising Justice Rajani...