Justice Goutam Bhaduri Archives

‘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.

Case Briefs High Courts

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.

Case Briefs High Courts

‘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.