Section 138 NI Act | Infirmity In Cheque Return Memo Does Not Render Entire Trial For Cheque Dishonour A Nullity: Chhattisgarh HC Reiterates

The Chhattisgarh High Court has reiterated held that even if there is an infirmity in the cheque return memo, it would not render the entire trial under Section 138 Negotiable Instruments Act for cheque dishonour as nullity.Justice Narendra Kumar Vyas in his order observed that the trial court in the instant case had held that the cheques were given towards liability not as security as...

Chhattisgarh High Court Puts Hold On 2024 Civil Judges Exam Awaiting SC's Ruling On Minimum Practice Requirement

The Chhattisgarh High Court on 07.04.2025 stayed the Chhattisgarh Civil Judge (Junior Division) 2024 Examination until further orders. During the hearing of a writ petition filed before the High Court, the bench was informed by the Advocate General appearing for the State of Chhattisgarh that the Karnataka and Gujarat High Courts have already put on hold the recruitment process for the post...

Compelling Reason For Interference Of Appellate Court When Relevant And Convincing Materials Unjustifiably Eliminated: Chhattisgarh High Court

The Chhattisgarh High Court has held that there arises a compelling reason for interference of the Appellate Court when a judgment impugned is clearly unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process.A Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, while overturning a wrongful acquittal by the...

Naxal Attacks Are Distinct From Ordinary Crimes, They Aim To Overthrow Democracy With Violent Means & Destabilise State: Chhattisgarh HC

In a significant ruling, the Chhattisgarh High Court has held that naxal attacks are politically and ideologically driven acts of insurgency that aim to destabilise the State and are different from ordinary crimes.Explaining the difference between naxal attacks and ordinary crimes, a Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, stated,"The attacks...

Closure Report Filed In POCSO Case Against Mohammed Zubair Over 2020 Tweet, Chhattisgarh High Court Informed

The Chhattisgarh State Government today officially informed the Chhattisgarh High Court that the state police have submitted a closure report in a POCSO (Protection of Children from Sexual Offences) case filed against Alt-News Co-founder Mohammed Zubair, related to a tweet he made in 2020. The state counsel made the submission before a bench of Chief Justice Ramesh Sinha and...

Virginity Test On Woman Violates Right To Dignity, Unconstitutional: Chhattisgarh HC Rejects Husband's Plea To Ascertain Wife's Virginity

The Chhattisgarh High Court has emphatically held that conducting virginity test on a woman is an affront to her right to life and dignity guaranteed under Article 21 of the Constitution and thus, no woman can be forced to undergo such test/procedure.The Single Bench of Justice Arvind Kumar Verma binned a plea made by the husband to conduct medical test on his wife to ascertain her virginity...

Dismissal Is Last Resort; Disciplinary Authorities Must Consider Lesser Penalties Before Extreme Punishment: Chhattisgarh HC

Chhattisgarh High Court: A Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal set aside the compulsory retirement of a police constable, finding the punishment to be disproportionate. The court held that disciplinary authorities must consider lesser punishments provided under Regulation 226 of the Police Regulations before imposing major...

Centre Extends Term Of Three Additional Judges Of Chhattisgarh High Court By One Year

The Central Government extended the term of three Additional Judges of Chhattisgarh High Court by one year.This is as per a recommendation made by the Supreme Court Collegium last week. The Judges whose terms have been extended are :1. Justice Sachin Singh Rajput.2. Justice Radhakishan Agrawal.3. Justice Sanjay Kumar Jaiswal.Union Law Minister Arjun Ram Meghwal posted in X about this...

Supreme Court Collegium Recommends Extension Of Term For Three Additional Judges Of Chhattisgarh High Court

The Supreme Court Collegium on Wednesday (March 19) recommended to extend the term of three Additional Judges of the Chhattisgarh High Court for another one year. The Judges whose terms have been proposed to be extended include –1. Justice Sachin Singh Rajput2. Justice Radhakishan Agrawal3. Justice Sanjay Kumar JaiswalClick here to read resolution...

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...

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...