State Can't Fix Admission Quota In Unaided Minority Institutions: Chattisgarh HC Declares Rule Fixing 50% Domicile Quota As Ultra-Vires

Holding that the State cannot fix quota or percentage of admission in unaided minority educational institutions, the Chhattisgarh High Court declared the Rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 as ultra-vires and unconstitutional.A division bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal held so while hearing a writ petition filed...

S.482 BNSS Widened Court's Discretion On Anticipatory Bail By Deleting Guiding Factors Like Nature Of Offence, Antecedents: Chhattisgarh HC

The Chhattisgarh High Court recently pointed that Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) has widened the discretion conferred upon a criminal court wile deciding the anticipatory bail plea of a person apprehending arrest.Justice Goutam Bhaduri highlighted that the legislature has deleted the "guiding factors", contained in the erstwhile CrPC, from the...

High Court Takes Suo Moto Cognizance Of Dysfunctional Oxygen Plants At Bilaspur District Hospital

The Chhattisgarh High Court has registered a suo-moto case over a news item that reported about the closure of Oxygen Plants, statedly built at the cost of crores of Rupees during the COVID-19 pandemic in the District Hospital, Bilaspur. The news item goes on to state that the Oxygen Plants were rendered inoperative as the operation of the plant would have deprived the officers and employees...

High Court Takes Suo Moto Cognizance Of News Report Flagging Potential Danger Of Electrocution Among Children Studying In Bilaspur Primary School

The Chhattisgarh High Court registered a suo-moto case based on the newspaper item that uncovers the dilapidated condition of the primary school building and the danger of electrocution amongst the children studying in the school. The news item goes on to state that the children of the Government Primary School, Tukardih (Bilaspur) are studying amidst the danger of being electrocuted. It...

S.27 Evidence Act Vulnerable To Abuse, Courts Must Be Vigilant About Its Frequent Use By Police: Chhattisgarh High Court

Recently, the Chhattisgarh High Court expressed concern over the misuse of Section 27 of the Evidence Act by the police and suggested the courts be vigilant about its application to ensure the credibility of evidence. The court said so while acquitting the accused persons who were charged with murdering after the prosecution failed to complete the chain of circumstances evidence based on...

Chhattisgarh HC Directs State Govt To Specify Steps Taken For Posting Of Teachers In Govt Schools With Minimal Or No Staff

The Chhattisgarh High Court has directed the Secretary, School Education Department, Government of Chhattisgarh, to file his personal affidavit specifying the steps taken by the State Government to post teachers in state government schools where there are minimum or no teachers. A bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru sought the details while initiating a...

Chhattisgarh High Court Initiates Suo Moto PIL Over Death Of Bastar's Tribal Girl Due To An Unknown Disease

The Chhattisgarh High Court has initiated a Suo Moto PIL over the death of a tribal girl in the state's Bastar district due to an unknown disease. A bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru took note of a newspaper item published in Times of India with the heading Tribal girl dies of unknown disease in Bastar with the sub-heading 'Typhoid test reports...

S. 27 Evidence Act | Discovery Of Facts Concerning Co-Accused Would Be Admissible To Establish Charge Of Conspiracy: Chhattisgarh HC

In a recent judgement, relying heavily on circumstantial evidence to establish the accused's connection to the crime, the Chhattisgarh High Court upheld the convictions of several individuals involved in a murder case which was centred around a conspiracy linked to an extramarital affair.In its judgement, the Court emphasised the application of Section 27 of the Indian Evidence Act, 1872, in...

Mere Recovery Of Weapon Can't Justify Conviction Sans Established Motive: Chhattisgarh HC Acquits 4 In 2017 Murder Case

The Chhattisgarh High Court has overturned the conviction of four men accused in a 2017 murder case, underscoring the importance of a clear and established motive in criminal prosecutions. The division bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, acquitted observed, “Mere recovery of weapon from the appellants cannot become the basis of conviction when there is...

Chhattisgarh HC Initiates Suo Moto PIL Over Non-Functioning Of Automated Vehicle Fitness Testing Centre At Bilaspur

The Chhattisgarh High Court has initiated a suo moto PIL concerning the malfunctioning of an Automated Vehicle Fitness Testing Centre in Bilaspur. A bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru took note of the news reports which stated that the facility had been non-operational for over a week due to a technical fault in a machine, severely disrupting the...

Reinstatement Upon Setting Aside Termination Not Re-Employment, Employee Entitled To Seniority, Salary Arrears Severed Due To Termination: Chhattisgarh HC

Recently, the Chhattisgarh High Court observed that once the termination of the state employee was set aside without further enquiry, then the employee would be entitled to receive all the consequential benefits that he had not received during the period of termination. The Court said that the period during which the state employee was out of a job shall be treated as duty for all purposes...

Centre Notifies Appointment Of Two Advocates As Additional Judges Of Chhattisgarh High Court

The Central Government has notified the appointment of two advocates as Additional Judges of the Chhattisgarh High Court.The two advocates are:1- Bibhu Datta Guru, and 2- Amitendra Kishore PrasadA notification issued in this regard reads thus:"In exercise of the power conferred by clause (1) of Article 224 of the Constitution of India, the President is pleased to appoint S!Shri (i) Bibhu...