Chhattisgarh High Court
‘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 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.
‘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 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.”
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.
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.
‘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.
‘Relationship was in nature of marriage’; Chhattisgarh HC upholds maintenance for a woman in live-in relationship who was unaware of her partner’s already existing marriage
In the present case, the woman has clearly stated that she was not aware about her partner’s marriage and his children. Further, the Trial Court as well as the Appellate Court has also stated that the relationship between them, fell under the category of domestic relationship.
‘State cannot fix quota or percentage of admission in unaided minority educational institutions’: Chhattisgarh HC declares Rule fixing 50% seats to local minority students as ultra vires
Considering the Rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 is ultra vires, the Court directed the State Government to issue necessary instructions with respect to admission in Bachelor of Ayurvedic Medicine and Surgery course in unaided minority institution.
‘Section 482 of BNSS widens discretionary powers of Courts hearing anticipatory bail applications’: Chhattisgarh HC grants anticipatory bail to a woman and her uncle
Section 482 of Nagarik Suraksha Sanhita, 2023 (‘BNSS’) deleted the guiding factors which the Courts hearing anticipatory bail applications might have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to flee from justice.
Chhattisgarh HC registers suo motu PIL based on news report highlighting non-functional oxygen plants worth crores of rupees at Bilaspur District Hospital
The news report alleged that at present, oxygen supply is being made from the oxygen cylinders which are brought from outside. Despite various authorities inspecting the Hospital, no heed is being paid for restarting the closed Oxygen plants.
Know Thy Judge | Supreme Court of India: Justice Prashant Kumar Mishra
Justice Prashant Kumar Mishra, who started his legal career from the District Courts and then High Courts of Madhya Pradesh and Chhattisgarh, was appointed as Supreme Court Judge on 18-5-2023.
Reinstatement in service after alleged misconduct is removed cannot be treated as re-employment: Chhattisgarh HC grants consequential benefits deprived to employee
If the Government servant has been terminated without adhering to Article 311 of the Constitution, then in such a case the provisions cannot be interpreted in favour of the State to deprive the employee of his legitimate claim.
Supreme Court grants bail to Sunil Agrawal, Promoter of Indermani Group, in Money Laundering case
Supreme Court had previously released Sunil Agrawal on interim bail vide order dated 17-05- 2024 and had noted that he had made out a prima facie strong case for his enlargement on interim bail.
‘Subjecting child to corporal punishment for reforming him cannot be a part of education’; Chhattisgarh HC refuses to quash FIR against teacher for abetment of suicide
At this stage, averments made in the petition that the allegations levelled against accused is false, cannot be looked into while exercising powers under Section 528 of the Nagarik Suraksha Sanhita, 2023.
‘Dispensing services without giving any opportunity of hearing clearly violates natural justice’; Chhattisgarh HC sets aside cancellation of Anganwadi Sahayika’s appointment
In the administrative action where the decision of authority may result in civil consequences, a hearing before taking a decision is necessary.
Supreme Court Collegium recommends the appointment of two Advocates as Judges of Chhattisgarh High Court
The Collegium on 30-07-2024 recommended the names of Bibhu Datta Guru and Amitendra Kishore Prasad, for appointment as Judges of Chhattisgarh High Court.
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Lakshmi Puri’s defamation; Agniveer recruitment; Cancer patient’s termination of pregnancy; and more
A quick legal roundup to cover important stories from all High Courts this week.
Conviction cannot be made u/s 364A of IPC, unless abduction is coupled with ransom demand and life threat: Chhattisgarh HC sets aside conviction and sentence of accused
The Court stated that this is not a case of ransom because the appellants had not called the complainant’s wife to pay ransom, and it is possible that they were planning to receive the rest of the amount of the vehicle from ‘X’.