Section 498-A IPC | Second Wife Can't Maintain Complaint/FIR Against Husband, In-Laws For 'Cruelty': Chhattisgarh High Court

The Chhattisgarh High Court has held that a complaint/FIR under Section 498-A (for the offence of cruelty) of the IPC filed by the second wife against the husband and her in-laws is not maintainable. A bench of Justice Sanjay K. Agrawal and Justice Sachin Singh Rajput held thus while answering a reference made by a Single Judge to the division bench on the following...

Appeal Against Order Of Acquittal U/S 138 NI Act Lies To High Court U/S 378(4) CrPC & Not Under Proviso To S. 372 CrPC: Chhattisgarh HC

The Chhattisgarh High Court has clarified that appeal against the order of acquittal under Section 138 of the Negotiable Instruments Act, 1881 lies to the High Court under Section 378(4) of the Code of Criminal Procedure and not under proviso to Section 372 of the Code.The Single Bench of Justice Deepak Kumar Tiwari was hearing a criminal revision filed by the revision-petitioner who...

Supreme Court Collegium Recommends Appointment Of A Judicial Officer As Chhattisgarh HC Judge

The Supreme Court Collegium has recommended the name of Shri Arvind Kumar Verma, Judicial Officer, for appointment as Judge of the High Court of Chhattisgarh.On 6 August 2023, the Chief Justice of the High Court of Chhattisgarh in consultation with his two senior-most colleagues made the above recommendation. The Chief Minister and the Governor of the State of Chhattisgarh have concurred with...

'Dark-Skinned Women Portrayed As Under Confident, Insecure': Chhattisgarh HC Urges Human Race To Eradicate Skin Color Bias

The Chhattisgarh High Court has recently held that the entire society of the human race needs to change dialogue at home so as to ensure discrimination based on 'skin colour' can be eradicated.While deciding a matrimonial dispute, the Division Bench of Justice Goutam Bhaduri and Justice Deepak Kumar Tiwari took note of abuses that were hurled at the wife by the husband for being a...

Chhattisgarh High Court Upholds Constitutional Validity Of S. 16(4) Of CGST Act

The Chhattisgarh High Court upheld the constitutional validity of Section 16(4) of the CGST Act, which specifies the time frame in which a registered taxpayer is required to claim input tax credit.The bench of Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal has observed that Section 16(4) of the CGST Act is violative of neither Article 14 of the Constitution nor Articles 19(1)(g)...

S.306 IPC | Partner Can't Be Held Guilty For Abetment If Lover Commits Suicide Due To Love Failure: Chhattisgarh High Court

The Chhattisgarh High Court has held that if a lover commits suicide due to failure in a romantic relationship, his partner cannot per se be held to have abetted the commission of the suicide.While quashing a charge against a lady accused of abetting the suicide of her ex-boyfriend, the Single Bench of Justice Parth Prateem Sahu also observed: “If a lover commits suicide due to love failure,...

Section 19 HAMA 1956 | When Can Widowed Woman Claim Maintenance From Father-In-Law? : Chhattisgarh High Court Answers

Analysing the mandate of Section 19 of the Hindu Adoptions and Maintenance Act, 1956, the Chhattisgarh High Court has observed that a widowed woman can claim maintenance from her father-in-law to the extent that she is unable to maintain herself out of her earnings or other property or, where she has no property of her own, she is unable to obtain maintenance, from the estate of her husband...

Chhattisgarh HC Orders Judicial Magistrate To Appear As ‘Defence Witness’ To Prove Authenticity Of S.164 Statement Of Victim In POCSO Case

The Chhattisgarh High Court has ordered a trial Court to call the Judicial Magistrate, who recorded the statement of the victim under Section 164 of the Code of Criminal Procedure, to appear as a ‘defence witness’ to prove authenticity of the statement of the victim.The Single Bench of Justice Sanjay Kumar Jaiswal was hearing a revision application filed by the applicant impugning the...

Chhattisgarh High Court Directs Its Administrative Side To Decide Representation Seeking Usage Of A4 Size Papers In Courts

The Chhattisgarh High Court has directed its administrative side to decide a representation seeking mandatory usage of ‘A4 size papers’ in the High Court and the subordinate Courts of the State for all purposes like preparation of applications, petitions, affidavits etc.The Division Bench of Chief Justice Ramesh Sinha and Justice Naresh Kumar Chandravanshi was hearing two Public...

Coal Levy Scam Case| ‘Involved In Extortion Racket, Managed Illegal Cash’: Chhattisgarh HC Denies Pre-Arrest Bail To Alleged Kingpin’s Brother

The Chhattisgarh High Court last week refused bail to the alleged kingpin of the state coal levy scam Suryakant Tiwari’s brother Rajnikant Tiwari in the money laundering case, The bench of Justice Narendra Kumar Vyas noted that he knowingly and actively participated in the extortion racket and acted as the accountant who managed the illegal cash. As per the ED’s case,...

In Matrimonial House Wife Can’t Be Treated As A Chattel Or Bonded Labour To Stay On Husband's Conditions: Chhattisgarh HC

The Chhattisgarh High Court recently observed that in the matrimonial house, the wife should not be treated as a hired chattel or a bonded labour to stay under the conditions imposed by the husband. The bench also opined if the husband expects the wife to stay at a place other than his company, without any sufficient cause, and if the wife resists his demand, it would be not cruelty by...

Merely Making Demands To Recover Loan Amount Isn't Abetment Of Suicide: Chhattisgarh High Court

The Chhattisgarh High Court has recently held that if a person makes demands to recover a loan amount then this act alone will not be treated as abetment of suicide as it observed that any person who has given a loan would certainly like to get it back.The bench of Chief Justice Ramesh Sinha made this observation while quashing the FIR and Chargesheet against one Shaila Singh who had been...