Chhattisgarh High Court
Three Elephants Dead Due To Electrocution: Chhattisgarh HC Takes Suo Motu Cognizance, Directs State To Notify 'Remedial Steps'
The Chhattisgarh High Court on Monday (November 4) initiated a suo motu PIL petition taking cognizance of newspaper reports highlighting the "menace of leaving live electric wires" in Raipur's Chuhkimar forest division which reportedly lead to the death of three elephants due to electrocution.The high court took note of two newspaper reports from October 27–one published by Times City, Time...
Wife Insulting Husband's Religion & Gods Amounts To Mental Cruelty: Chhattisgarh High Court
The Chhattisgarh High Court has held that the conduct of a wife in insulting religion of her husband, his religious beliefs and his Gods amounts to mental cruelty.The Division Bench of Justice Rajani Dubey and Justice Sanjay Kumar Jaiswal referred to Hindu epics like Ramayana, Mahabharata and Manusmriti and held –“In Hinduism, the wife is regarded as the "Sahadharmini" (Equal Partner...
Chhattisgarh HC Initiates Suo-Moto PIL Over Dumping Of Garbage Around Rs. 2 Crore Oxygen Zone In Bilaspur, Seeks Municipal Corp's Response
The Chhattisgarh High Court yesterday took suo-moto cognizance of a news article published in a local daily highlighting the alleged failure of the Bilaspur Municipal Corporation in maintaining the Oxygen Zone built at the cost of Rs.2 crores on two and a half acres of land in Bilaspur's Vyapar Vihar. The bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru expressed...
'Game Rule Can't Be Changed After Its Commencement': Chhattisgarh HC Quashes State's NRI Quota Notice Affecting MBBS Admissions
In a major relief to the students who appeared for NEET (UG) 2024 and secured admission to the medical colleges in the state of Chhattisgarh under the NRI quota, the Chhattisgarh High Court has set aside an order of the State Medical Education Department adversely affecting the admissions of such students (under the NRI quota) who are already taking classes. A bench of...
Imposition Of Bond For Medical Officers Who Took Study Leave Is Justified, But Prohibition On Legal Recourse Is Not; Chhattisgarh HC
Chhattisgarh High Court: The Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru upheld the conditions imposed on an Ayurvedic Medical Officer's study leave, including the denial of advance increments and the requirement to serve a bond. The Court held that the conditions were legally justified and consistent with government policy. However, it quashed a...
Chhattisgarh High Court Reiterates That Dismissal Could Be Considered Excessive If Absence Was Due To Personal Hardship And Employee Had Long Record Of Service; Orders Reinstatement Of Police Constable
Chhattisgarh High Court: Justice Sachin Singh Rajput set aside the dismissal of Kudiam Bhima, a constable in the Chhattisgarh police force, and ordered his reinstatement with continuity of service. The court found that the disciplinary inquiry failed to establish that Bhima's unauthorized absence was willful or deliberate, his submissions were improperly disregarded by the inquiry...
Resignation Rejected Due To Incomplete Formalities; Chhattisgarh HC Dismisses Employer's Appeal To Enforce It; Holds Incomplete Resignation Cannot Be Acted Upon
Chhattisgarh High Court: Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru dismissed the corporation's appeal and upheld the Single Judge's decision that the acceptance of Shailendra Kumar Khamparia's resignation was invalid due to non-compliance with required conditions. The court ruled that Khamparia's resignation could not take effect without fulfilling the...
Offence Executed In Chattisgarh But 'Prima Facie' Conspiracy Hatched Elsewhere, CBI Doesn't Need Prior Sanction From Chhattisgarh Govt: High Court
While hearing a plea against an order refusing to discharge the accused in a conspiracy case, the Chattisgarh High Court said that since the alleged offence was only "executed" in Chattisgarh, the investigating agency–CBI was not required to take previous sanction from the State Government under the Delhi Special Police Establishment Act. This, the court said after noting that the...
Chattisgarh High Court Upholds Maintenance To Woman In Live-In Relationship, Unaware Of Partner's First Marriage
The Chhattisgarh High Court recently upheld an order directing a man to provide maintenance to a woman with whom he had a live-in relationship and their three year old daughter, after noting that the woman was not aware of the man's first marriage and the three children born out of it. The court passed the order in a man's plea challenging order of the Judicial Magistrate First Class–upheld...
Unexplained Cash Credit In Bank Account Would Be Treated As Income : Chhattisgarh High Court
The Chhattisgarh High Court recently upheld an ex-parte assessment under Section 144 of the Income Tax Act, 1961, against an assessee who failed to participate in assessment proceedings or explain the source of a cash deposit of ₹11,44,070 in his bank account. The bench comprising Justices Sanjay K Agrawal and Amitendra Kishore Prasad noted that under Sections 68 and 69A if an assessee...
Stamp Act | Deed Transferring Company's Name Not Conveyance Deed, No Stamp Duty Can Be Levied: Chhattisgarh High Court
The Chhattisgarh High Court observed that no stamp duty could be levied on the transfer of a company's name under Section 23 of the Companies Act, 1956 upon the amalgamation of the companies. The bench comprising Justice Ravindra Kumar Agrawal observed that a deed of amendment of the company's name cannot be called a conveyance deed for levy of the stamp duty because the deed of amendment...
S. 216 CrPC | Alteration Or Addition Of Charges Must Be Based On Court's Satisfaction, Not On Party's Application: Chhattisgarh HC
Dismissing the prosecution's application for framing an additional charge against the accused, the Chhattisgarh High Court observed that it would be impermissible for the trial court to add, alter, or amend the charges under Section 216 Cr. P.C based on the application filed by any of the parties. The bench comprising Justice Ravindra Kumar Agrawal said that only the trial court can alter,...