Chhattisgarh High Court
Chhattisgarh HC Affirms Single-Judge's Order Upholding Dismissal Of Judicial Officer Who Lodged Criminal Case Against HC Judges
A Division bench of the Chhattisgarh High Court recently confirmed the 2020 order of the Single Judge upholding the dismissal of a judicial officer who had filed criminal cases against the former Chief Justice and Judge of the High Court. A bench comprising Chief Justice Ramesh Sinha and Justice Parth Prateem Sahu observed that the single Judge's order was based on applying a...
Govt's Administrative Directions Cannot Substitute Statutory Rules, Can Only Fill Gaps When Law Is Silent: Chhattisgarh HC
In a recent case, the Chhattisgarh High Court held that it is impermissible for the Government to change or amend the statutory rules via administrative decisions. However, the court stated that in case the rules are silent on certain points, then there's no impediment in filling the gaps or supplementing the rules through administrative/executive decisions. “It is the settled proposition...
Employee Can't Claim Continuance Of Benefit Of Advance Increment After His Promotion Or Revision Of Pay: Chhattisgarh HC
The Chhattisgarh High Court has recently held that employees cannot claim the continuance of advance increments granted for family planning purposes after their promotion or revision of pay scale. A bench of Chief Justice Ramesh Sinha and Justice Parth Prateem Sahu held thus while hearing a writ appeal filed by Registrar General High Court of Chhattisgarh assailing an order of the...
'Corporal Punishment Isn't Part Of Education, Against Article 21': Chhattisgarh HC Denies Relief To Teacher In Student's Suicide Case
Observing that subjecting a child to corporal punishment for 'reforming him' cannot be part of education and that the same violates a child's Freedom of life and liberty guaranteed by Article 21 and robs him of his dignity, the Chhattisgarh High Court recently dismissed a petition moved by a teacher seeking to quash an FIR in connection with abetting the suicide of a 12-year-old student."It...
Chhattisgarh High Court Takes Suo Moto Cognizance Of Plight Of Flooded Villages In Bijapur, Seeks District Collector's Reply
Taking suo moto cognizance of a news article published about the plight of many flooded villages in the Bijapur region (Bastar division), the Chhattisgarh High Court has sought the District Collector's immediate reply on the public interest litigation.The Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal allowed the registration of a suo moto case upon...
Decision Of Reassessment At Dictation Of Higher Authorities Leads To Biased Outcome: Chhattisgarh High Court
The Chhattisgarh High Court has held that decisions of reassessment at the dictation of higher authorities lead to biased outcomes.The bench of Justice Goutam Bhaduri and Justice Sanjay Kumar Jaiswal has observed that in a democracy, every authority may, however high, function within four corners of the law because the rule of law requires that all the machinery of the state must...
Unexplained Cash Credited To Assessee's Book Would Be Treated As Taxable Income Under Income Tax Act, 1961: Chhattisgarh High Court
Recently, the Chhattisgarh High Court reiterated a settled position of law that the assessee would be liable to pay the income tax on the unexplained cash credited into its books if the assessee fails to prove the source of a sum of money found to have been received by an assessee. The Court said that under Section 68 of the Income Tax Act, 1961 the initial onus to prove the genuineness of...
'Dismissed After 2 Yrs Without Any Opportunity For Hearing': Chattisgarh HC Sets Aside Cancellation Of Anganbadi Sahayika's Appointment
The Chhattisgarh High Court has struck down an administrative decision to cancel the appointment of an 'anganbadi sahaika' who was ousted from the said post after the manner of appointment of a similarly placed employee was called into question in a distinct proceeding. The single-judge bench of Justice Goutam Bhaduri noted that the CEO, Janpad Panchayath erred in removing the petitioner...
Merely Abducting Woman Not An Offence U/S 366 IPC, Intention To Marry Or Force Intercourse Must Be Proved: Chhattisgarh High Court
The Chhattisgarh High Court has recently held that every abduction of a minor female cannot be regarded as an offence under Section 366 IPC [Kidnapping, abducting or inducing woman to compel her marriage, etc].The Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal underscored that the ingredients of such an offence must be corroborated by the victim's statement,...
Supreme Court Collegium Recommends Appointment Of Two Lawyers As Chhattisgarh HC Judges
The Supreme Court Collegium on Tuesday recommended the names of two advocates to be appointed judges of the Chhattisgarh High Court.The Collegium comprising the Chief Justice of India (CJI) DY Chandrachud, Justice Sanjiv Khanna and Justice BR Gavai recommended the following names for judgeship,1.Advocate Bibhu Datta Guru.2. Advocate Amitendra Kishore Prasad @ AK Prasad.Click here to read...
'Lakhs Of Fishes Have Died' : Chhattisgarh HC Takes Suo Moto Cognizance Of Alcohol Factories Polluting River In State
On Monday, the Chhattisgarh High Court took suo moto cognizance of severe pollution caused by alcohol factories in the Mohbhatta-Dhooma region of District Mungeli in the state. The pollution resulted in mass fish deaths in the river and community distress.A bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal took suo moto note of the alcohol factories polluting river in...
Chhattisgarh High Court Takes Suo-Moto Cognizance Of Malaria-Diarrhea Outbreak In State, Seeks Details Of Measures Taken By Govt
Based on the news stories published in the Daily News Papers, the Chhattisgarh High Court took suo-moto cognizance of the Malaria and Diarrhea outbreak in the State of Chhattisgarh and the resultant deaths occurred due to the lack of medical facilities in the remote parts of Chhattisgarh.The Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal issued notice to the...