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Chhattisgarh High Court

Case Briefs High Courts

‘Leaking competitive exams question paper more heinous than murder’; Chhattisgarh HC rejects former Chhattisgarh PSC Chair Taman Singh Sonwani’s bail plea

“A person who indulges in facilitating leakage of question paper relating to competitive examinations, plays with the career and future of lakhs of young aspirants, who are ‘burning the midnight oil’ to prepare for competitive exams. Such an act is more heinous than an offence of murder because by killing a person, only one family gets affected but by ruining the career of lakhs of aspirants whole society is adversely impacted.”

Chhattisgarh High Court

Case Briefs High Courts

‘Husband did not complain of adultery, S. 497 ingredients not made out’; Chhattisgarh HC acquits man convicted of adultery in false promise to marry case

“In the present case, aggrieved party that is the husband of the complainant has not made complaint of adultery before the Court; therefore, ingredients of Section 497 of the IPC have not been made out against the convict.”

Chhattisgarh High Court

Case Briefs High Courts

‘Deserves some reprieve in matter of sentence’; Chhattisgarh HC reduces sentence of man convicted under S. 377 IPC for sodomizing his friend after watching porn

Considering the facts and circumstances of the case, overall evidence adduced by the prosecution, the mode and manner in which the incident had taken place, the Court opined that some reprieve in the matter of sentence deserved to be given to the convict who had been incarcerated since more than four years.

Chhattisgarh High Court

Case Briefs High Courts

‘Pension is hard-earned benefit, can’t be withheld without authority of law as per Art. 300-A’; Chhattisgarh HC quashes pension recovery order passed against retd. public servant

“An employee earns these benefits by dint of his long, continuous, faithful and unblemished service. It is a hard-earned benefit which accrues to an employee and is in the nature of “property”. This right to property cannot be taken away without the due process of law as per Article 300-A of the Constitution.”

Husband’s acquittal under S. 302

Case Briefs Supreme Court

‘Not enough material to upset Trial Court’s acquittal order, especially when there was no evidence regarding death being result of homicide’; SC sets aside husband’s conviction under S. 302 IPC

The High Court unfortunately reversed the acquittal without anything other than a finding on alibi having not been proved and the accused not having offered any explanation regarding the death of the deceased, which occurred while they were living together.

Chief Justice Ramesh Sinha

Events/Webinars News

Justice Ramesh Sinha, CJ Chhattisgarh HC inaugurates refresher training programme for Legal Aid Defence Counsels; New record rooms & a rest room for sexual harassment victims

On 23-03-2025, the Chhattisgarh State Legal Services Authority organized a one-day Refresher Training Programme for Legal Aid Defense Counsels of the State at the Chhattisgarh State Judicial Academy, Bilaspur. Previously, on 21-03-2025, the Surajpur District Court inaugurated eight new record rooms and a rest room for victims of sexual harassment in the Court premises.

Chhattisgarh High Court

Case Briefs High Courts

Chhattisgarh HC acquits husband accused of having unnatural sex with wife under S. 377 IPC leading to her death

“If the age of wife is not below the age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance, therefore, the offence under Section 376 and 377 of the IPC against the accused was not made out.”

Chhattisgarh High Court

Case Briefs High Courts

Second wife who was single at the time of marriage cannot be prosecuted for bigamy under S. 494 IPC: Chhattisgarh HC

“A person who is single marrying another whose marriage is subsisting is not liable under Section 494 IPC, but the person whose marriage is subsisting would be liable.”

Chhattisgarh High Court

Case Briefs High Courts

Chhattisgarh HC denies bail to accused offering High Court Clerk job; Directs for criminal proceedings against person falling for cash-for-job scam

“Despite repeated warnings people were indulging in such allurements and becoming easy targets for touts.”

Chhattisgarh High Court

Case Briefs High Courts

‘No difference if law graduate candidate not enrolled’; Chhattisgarh HC allows candidates without Bar Enrollment to appear in Civil Judge Exam

“In a selection process, the scope of the candidates for participation should not be narrowed down by imposing unwarranted conditions rather more candidates should be allowed to participate so that better qualified candidates may be selected.”

Chhattisgarh High Court

Case Briefs High Courts

Chhattisgarh HC upholds order releasing Retired Municipal Officer’s gratuity withheld sans inquiry on allegation of misappropriating ₹ 10 Lakhs

The Court noted that admittedly, before the respondent’s retirement, neither any departmental inquiry was initiated against him nor was any show cause notice issued to him.

Chhattisgarh High Court

Case Briefs High Courts

‘No proper inquiry, opportunity of hearing’; Chhattisgarh HC quashes stigmatic order terminating Gram Rojgar Sahayak from his service

The Court reiterated that before passing any stigmatic order for removal of any employee from service, a departmental enquiry was required to be conducted.

Taxing expenses incurred by service recipient

Experts Corner Tarun Jain (Tax Practitioner)

Taxing Expenses Incurred by Service Recipient: A Vexed Question in GST Valuation Paradigm

by Tarun Jain*

Chhattisgarh High Court

Case Briefs High Courts

‘Rape of dead body is horrendous but not rape’: Read why Chhattisgarh HC rejected mother’s plea against acquittal of man for offence under S. 363 and S. 376 (3) of IPC

“There can be no disagreement on the issue that dignity and fair treatment is not only available to a living man but also to his dead body and every dead body is entitled to a respectful treatment.”

Chhattisgarh High Court

Case Briefs High Courts

Chhattisgarh High Court allows 17-year-old minor rape victim suffering from sickle cell anaemia to terminate her 20 weeks pregnancy

It cannot be denied that continuation of pregnancy can lead to complication at a later stage on both, the victim’s physical, psychological and mental condition. Although, the victim is suffering from severe anaemia, but team of doctors opined that she may be physically fit after correction of anaemia.

Chhattisgarh High Court

Case Briefs High Courts

‘Compulsory retirement not a punishment, does not have any stigma attached to it’; Chhattisgarh HC upholds compulsory retirement of a 50-year-old man

As per Annual Confidential Reports, the petitioner’s overall grade was average or below average. Since, the petitioner completed 50 years of age, this decision of compulsory retirement could have been taken by the State authorities. The un-communicated adverse remarks cannot be made a basis to disturb the finding recorded by the competent authority.

Chhattisgarh High Court

Case Briefs High Courts

Chhattisgarh HC upholds compensation of around Rs. 10 lakhs payable by State Power Company to deceased’s family, who died due to electric shock in bathroom

“Considering the nature of job of the deceased, her age, the number of dependents and the various decisions of the Supreme Court, the amount awarded by the Trial Court cannot be termed as excessive or exorbitant, rather it appears to be a just and proper compensation.”

Chhattisgarh High Court

Case Briefs High Courts

Financial loss to a person/institution by mere Advocate’s opinion cannot be a ground for prosecuting him; intention to defraud and active participation required: Chhattisgarh HC

The allegation against the petitioner is that being an Advocate, he has given the search report based on which loan was disbursed and later it was found that the loan was disbursed to a person who did not even have property which was mortgaged in his name.

Chhattisgarh High Court

Case Briefs High Courts

Repeatedly demeaning husband’s religious beliefs, insulting his gods and humiliating him amounts to mental cruelty: Chhattisgarh High Court upholds divorce

In Hinduism, the wife is regarded as the “Sahadharmini”, meaning she shares in the spiritual duties and righteousness alongside her husband. This concept underscores the wife’s essential role in fulfilling religious obligations, particularly in the performance of rituals, where her presence is indispensable.

Chhattisgarh High Court

Case Briefs High Courts

‘Failed to establish that unauthorized absence was wilful and deliberate’; Chhattisgarh HC orders reinstatement of police constable dismissed for his unauthorized absence from duty

Petitioner has taken a specific defence that his wife was seriously ill and was under medical treatment for a long time and ultimately, she passed away. The records of the departmental enquiry also suggested that the medical papers of the wife of the petitioner were duly placed on record. The enquiry officer failed to take this account to its proper perspective.

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