Collector's Refusal To Call For Originals In Case Of Deficient Stamp Duty Doesn't Curtail Court's Power To Impound Document: Chhattisgarh HC

The Chhattisgarh High Court has held that a decision taken by a Collector (Stamps) to not exercise power under Section 48B of the Indian Stamp Act which empowers him to order production of original instrument in case of deficiency in stamp duty, would not curtail power of the Court to impound the document under Section 33. Justice Rakesh Mohan Pandey in his order said, “In the present case,...

Chhattisgarh HC Rejects Employee's Plea For Back Wages After Acquittal In Appeal, Says Subsequent Acquittal Doesn't Operate Retrospectively

Dismissing a writ petition filed by an employee, who was convicted of a crime but later acquitted and demanded back wages thereafter, the Chhattisgarh High Court has held that the subsequent acquittal of the employee does not entitle him to back wages as such acquittal does not operate retrospectively to wipe out the legal consequences of the conviction.The petitioner had prayed that he...

'Consensual Intercourse, Victim Habituated To Sex': Chhattisgarh High Court Acquits Man Of Rape Charges After 6 Yrs In Jail

The Chhattisgarh High Court has acquitted a man convicted for commission of offences under Section 376(2)(n) (repeated rape on same woman) of the Indian Penal Code ('IPC') and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act ('POCSO Act') after finding lack of evidence to suggest minor age of the victim so also upon being convinced that...

Chhattisgarh HC Reduces Man's Sentence U/S 377 IPC For Sodomising Friend After Watching Porn, Says He Deserves Some Repreive

The Chhattisgarh High Court has recently reduced the sentence of a man convicted for having unnatural/anal sexual intercourse with a friend after watching certain pornographic contents on his mobile phone.Justice Rajani Dubey, though maintained the conviction under Section 377 (Unnatural offences) IPC, was of the view that the accused-appellant deserves some reprieve, especially considering...

Penalty U/S 271(1)(c) Of Income Tax Act Not Applicable If Assessee Voluntary Discloses Bona Fide Mistake: Chhattisgarh High Court

In a recent ruling, the Chhattisgarh High Court held that penalty under Section 271(1)(c) of Income Tax Act not applicable if assessee voluntary discloses bona fide mistake. Section 271(1)(c) of the Income Tax Act, 1961 deals with penalties for concealment of income or furnishing inaccurate particulars of income. The Division Bench of Justices Sanjay K. Agrawal and...

Pension Hard-Earned 'Property' Protected Under Article 300A, Can't Be Taken Away Without Following Due Process: Chhattisgarh High Court

The Chhattisgarh High Court has held that pension is a hard earned benefit accrued to an employee and is in the nature of 'property', which enjoys the protection of Article 300-A of the Constitution of India and the same cannot be taken away without due process of law.A Single Judge Bench of Justice Bibhu Datta Guru, further observed, “A person cannot be deprived of this pension without...

Corroborative Evidence Required To Substantiate Convictions Based On Last Seen Theory: Chhattisgarh High Court Reverses Rape-Murder Conviction

The Chhattisgarh High Court has reiterated that the conviction of an accused cannot be recorded solely on the basis that he was last seen with the deceased and while basing the conviction on the last seen theory, it is safer for the Court to look for corroboration from other circumstances and evidence adduced by the prosecution.A Division Bench of the High Court comprising Justice Rajani...

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...