Chhattisgarh High Court Allows Medical Termination Of 20+ Weeks Pregnancy Of Minor Rape Victim Suffering From 'Sickle Cell Anaemia'

The Chhattisgarh High Court has recently allowed medical termination of over twenty-week-old foetus of a 17-year-old rape victim, who is suffering from sickle cell anaemia. Considering the fact that continuance of pregnancy has the potential to physically and psychologically affect the minor girl, the Single Bench of Justice Naresh Kumar Chandravanshi held –“In such circumstances, if...

Recruitment Rules Can't Be Applied Retroactively, Chhattisgarh High Court Sets Aside Employee's Termination Order

A single bench of Chhattisgarh High Court comprising of Justice Rajani Dubey held that the recruitment rules or guidelines cannot be applied retroactively to improperly terminate an employee from the post. Background Facts The petitioner was appointed on the post of Aanganbadi Karyakarta on 01.04.2007. She was working under the Department of Women and Child Development...

Entire Service Record, Character Rolls & Confidential Reports Of Employee Need To Be Considered Before Passing Order Of Premature Retirement : Chhattisgarh High Court

A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey, while deciding writ petition held that the Government should form opinion that the government employee needs to be compulsorily retired from service only after considering the entire service record, character rolls & confidential reports. Background Facts The petitioner was appointed...

Candidates Not Entitled To Know Exam Pattern: Chhattisgarh HC Dismisses Pleas Challenging Evaluation Process Of 2023 Civil Judge Mains Exam

The Chhattisgarh High Court, while rejecting the batch of Writ Petitions challenging the exam pattern of the Civil Judge (Entry Level) Main Examination, 2023, stated that candidates are only entitled to know the 'syllabus' of the examination. The pattern of the exam and the sequence of the questions to be asked, however, fall under the exclusive jurisdiction of the Exam Conducting...

Two Arbitration Petitions For Same Relief Cannot Be Filed: Chhattisgarh High Court

The Chhattisgarh High Court bench of Chief Justice Mr. Ramesh Sinha has held that two arbitration petitions for the same relief cannot be filed. Brief Facts This petition has been filed under section 11 of the Arbitration Act seeking appointment of an Arbitrator. The applicant is a Society registered under the Society Registration Act 1973. The society comprises of lease...

'Belongs To Backward Community, Reformation Can't Be Ruled Out': Chhattisgarh HC Commutes Death Sentence Of Man For Rape & Murder Of 7 Yr-Old

The Chhattisgarh High Court has commuted the extreme sentence of death imposed on a man for committing rape and murder of a seven-year-old girl in the year 2021.While weighing the aggravating and mitigating circumstances against the accused-appellant, the Division Bench of Chief Justice Ramesh Sinha and Justice Amitendra Kishore Prasad held –“These are the incriminating circumstances,...

Chhattisgarh High Court Holds State Power Company Liable For Electrocution Death Due To Improper Earthing

The Chhattisgarh High Court recently affirmed the liability of the Chhattisgarh State Power Distribution Company Limited (CSPDCL) for the electrocution death of a woman.Referring to the Supreme Court's case of M.P. Electricity Board v. Shail Kumari and Others (2002), the bench comprising Justice Rajani Dubey and Justice Sanjay Kumar Jaiswal applied the strict liability principle, where it...

Advocate Can't Be Prosecuted For Financial Loss Caused Due To His Opinion Unless Intention To Defraud Is Present: Chhattisgarh HC

The Chhattisgarh High Court has observed that merely because an advocate's opinion has caused financial loss to a person or institution cannot be a ground for prosecuting him. A bench of Chief Justice Ramesh Sinha and Justice Amitendra Kishore Prasad added that there has to be some evidence that the said act was committed with the sole intention of defrauding the person/institution...

Enforcement Of Foreign Award Cannot Be Refused U/S 48 Of Arbitration Act Unless It Is Against Public Policy: Chhattisgarh HC

The Chhattisgarh High Court bench of Justice Deepak Kumar Tiwari has held that enforcement of a foreign award cannot be refused under section 48 of the Arbitration Act unless it is shown that the award is against the public policy of India. The court further observed that even during Covid-19 pandemic, the Banking Sector continued to provide essential services and in the Notification,...

Station Master's Heated Exchange With Wife Sends Train To Maoist-Affected Region: Chhattisgarh High Court Grants Divorce For Cruelty

The Chhattisgarh High Court has recently granted divorce to a station master-husband against his wife on the ground of 'cruelty' as the latter not only raised severe allegations on the character of the former but also her casual approach towards her on-duty husband led a goods train to a prohibited maoist-affected region.Setting aside the order of the Family Court, which denied divorce to...

Dead Tiger: Chhattisgarh High Court Registers Suo-Moto Case Over Suspected Poaching In Guru Ghasidad National Park, Seeks Status Report From State

The Chhattisgarh High Court has registered a Suo-moto case based on a newspaper article revealing the death of a tiger suspected to have been killed by poaching. The article reported the discovery of a dead tiger in the unreserved Guru Ghasidas National Park, raising concerns about poaching. The bench comprising Chief Justice Ramesh Sinha and Justice Amitendra Kishore Prasad directed...

State Can Re-Advertise Temporary Teaching Posts with New Qualifications; Guest Lecturer Cannot Claim Re-Appointment: Chhattisgarh HC

Recently, the Chhattisgarh High Court refused to allow a guest lecturer to continue in the post, who protested against her replacement with a candidate with higher qualifications. The bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru observed that a guest lecturer appointed on a temporary basis cannot claim re-appointment from the next session as a matter of right,...