Chhattisgarh High Court
Chhattisgarh HC Bars Litigants, Parties From Carrying Mobile Phones, Electronic Devices Inside Courtrooms
In a notification issued earlier today, the Chhattisgarh High Court has barred litigants and parties from carrying mobile phones or any electronic devices inside the courtrooms, even in switched-off mode. The Court has also categorically prohibited any form of audio or video recording of the proceedings. The notification, issued by the orders of the Chief Justice, further warns that...
Chhattisgarh High Court Orders ₹2 Lakh Compensation To Woman For Custodial Death Of Son Labelled By Authorities As 'Fall On Railway Line'
The Chhattisgarh High Court has ordered the State to pay rupees two lakhs compensation to a woman whose son died while in police custody. The Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru reiterated that the State is liable to pay compensation in case infringement of right to life is established.“The Courts have time and again deprecated such conduct on the part...
Korba Gangrape-Murder | 'Shocks Conscience But Not Rarest Of Rare Case': Chhattisgarh HC Commutes Death Penalty Of 5 Men
The Chhattisgarh High Court last week commuted the death sentence of five accused who were convicted in January this year for gangraping and killing a 16-year-old girl and the murder of her two family members in 2021. While upholding their conviction, a bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru noted that the trial Court had failed to take into...
Chhattisgarh High Court Refuses To Quash FIR Against Assistant Professors Accused Of Compelling Hindu Students To Offer Namaz
The Chhattisgarh High Court has recently denied to quash FIR against seven Assistant Professors accused of compelling Hindu students to offer Namaz at a National Service Scheme (NSS) camp organized by their University at Kota in Bilaspur district. The petitioners, while working as Assistant Professors at Guru Ghasidas University, Bilaspur, were deputed to supervise the NSS camp held...
Chhattisgarh High Court Upholds Externment Order Against Habitual Offender, Says His Free Movement Is 'Too Dangerous To Public'
The Chhattisgarh High Court has upheld the validity of an externment order passed by the District Magistrate of Mahasamund against a habitual offender, barring him from entering the boundaries of multiple districts of the state.Through a writ petition, the petitioner, who had a long history of criminal conduct, marked by multiple cases and preventive actions between 1995 and 2023, with...
State Duty-Bound To Timely Lift Paddy Stock From Procurement Centers To Avert Financial Loss And Natural Hazards: Chhattisgarh High Court
The Chhattisgarh High Court has directed the State to lift paddy stored at Adim Jaati Sewa Sahkari Samiti Marayadit Kulhariya (petitioner Society) to avoid financial loss to the Society due to prolonged storage and non-payment of commission.In this regard, Justice Amitendra Kishore Prasad held,“…it appears that the quantity of paddy is being lifted from the concerned procurement centers...
Court Cannot Interfere When Alternative Remedy Under CGST Act Is Available, Unless Extraordinary Circumstances Arise: Chhattisgarh High Court
The Chhattisgarh High Court has reiterated that while writ petitions can be entertained even when alternative statutory remedies are available, the same should only be done under extraordinary circumstances involving a breach of the principles of natural justice or when the procedure required for a decision has not been adopted.In this regard, a Single-Judge Bench of Justice Ravindra...
Chhattisgarh High Court Upholds Penalty Stopping Increments To SBI Employee Accused Of Sexually Harassing Staff, Customers
The Chhattisgarh High Court has upheld disciplinary action taken against a State Bank of India (SBI) employee accused of misbehaving with a lady customer and of sexual harassment, thereby affirming the penalty of stoppage of two increments with cumulative effect imposed on him.In this regard, a division bench of Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma held,“From the...
All Tender, Contract Matters Concerning Govt Bodies To Be Heard By Division Bench: Chhattisgarh High Court Clarifies
A full bench of the Chhattisgarh High Court while removing ambiguity with respect to Rule 23(1)(iv) of the High Court of Chhattisgarh Rules has said that all matters relating to tender/contract concerning the Government/Public Undertaking/Local Bodies/Statutory Bodies are to be heard by a Division Bench.Rule 23(1)(iv) of the Rules, 2007 prescribed that writ petitions relating to...
Disallowance U/S 143(1)(a) Of Income Tax Act Inapplicable When Issue Involved Is Pending Before Supreme Court: Chhattisgarh High Court
The Chhattisgarh High Court has held that an Assessing Officer (AO) cannot apply Section 143(1)(a) of the Income Tax Act, 1961 (the 1961 Act), to disallow a claim where the issue involved, such as the deductibility of employees' contributions to EPF/ESI under Section 36(1)(va), was pending consideration before the Supreme Court in Checkmate Services Pvt. Ltd. v. CIT [(2023) 6 SCC 451].In...
Wife Divorced On Ground Of Adultery Can't Claim Maintenance U/S 125 CrPC: Chhattisgarh High Court
The Chhattisgarh High Court has held that a woman who is divorced on the ground of adultery as proved by her former husband, cannot claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC).In this regard, Justice Arvind Kumar Verma in his order said:"Sub-Section 4 of Section 125 of the CrPC provides that if a woman lives in adultery, whose marriage is still subsisting, she...
'Child Adoption Leave' A Fundamental Right Of Adoptive Mothers Under Article 21: Chhattisgarh High Court
In a landmark judgment, the Chhattisgarh High Court has held that women employees who adopt children are also entitled to childcare/child adoption/maternity leave since it is a fundamental right of every mother under Article 21 of the Constitution, irrespective of the mode of attainment of motherhood, to give motherly care and attention to their new-born children.Justice Bibhu Datta Guru...