high court judgments - Page 10

In a writ of quo warranto, suitability of public officer cannot be gone into

Narayan Singh Chauhan Vs State of Chhattisgarh (Chhattisgarh High Court)

As a fallout and consequence of aforesaid discussion, the writ petition being sans substratum, deserves to be and is accordingly, dismissed at the admission stage itself leaving the parties to bear their own cost(s)....

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Public Service examination and result published cannot be set aside lightly, it should attain finality.

Prem Prakash Sinha, Vs State of Chhattisgarh, (Chhattisgarh High Court)

Likewise, in the matter of Shankara Cooperative Housing Society Limited v. M. Prabhakar and others, the Supreme Court has held that delay and laches is one of the factors that requires to be borne in mind by the High Courts when they exercise their discretionary power under Article 226 of the Constitution of India. ...

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Equivalence of two educational qualifications is a technical and academic matter and it must be done by a specific order by experts in field

Reshamlal Pradhan, Vs State of Chhattisgarh, (Chhattisgarh High Court)

Distinguished issue that has cropped up for consideration is whether this Court in its jurisdiction under Article 226 of the Constitution of India can draw equivalence of two educational qualifications and declare equivalence, that too after initiation of recruitment process....

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A female Govt servant, who begotten a child by surrogacy is entitled to maternity leave

Smt. Sadhna Agrawal Vs State of Chhattisgarh (Chhattisgarh High Court)

HC held that A female Government servant, who has begotten a child by procedure of surrogacy, is entitled for maternity leave under Rule 38 of the Chhattisgarh Civil Services (Leave) Rules, 2010. 1. To become a mother is the most natural phenomenon in the life of a woman. Whatever is needed to facilitate the birth […]...

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CPC or Limitation Act has no application in writ proceeding or restoration / review / modification in a writ petition.

Smt. Jyoti W/o Shri Narayan Kumar Vs General Manager (Chhattisgarh High Court)

This is an application for restoration of WPS No. 1501 of 2015, which was dismissed for want of prosecution for non compliance of the peremptory order passed by this Court on 29.04.2015 directing that if the petitioner fails to pay the process fee, as per rules, the petition shall stand dismissed automatically without reference to the Cou...

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Govt servant obtaining caste certificate by fraud is not entitled to be retained in service

Dilip Hedau Vs Chhattisgarh Hastashilp Vikas Board (Chhattisgarh High Court)

In case of Government servant obtaining caste certificate based on fraud, he is not entitled to be retained in service and no departmental enquiry is necessary and in that situation...

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Counting of votes for the post of Vice President, Nagar Panchayat, Bodri has to be made strictly in accordance with Chhattisgarh Municipalities (Election of Vice President) Rules, 1998.

Vijay Verma Vs Kushal Pandey (Chhattisgarh High Court)

Invoking provisions contained in Section 26(2) of The Chhattisgarh Municipalities Act, 1961 (hereinafter called as 'Act of 1961’) read with Rule 19(2) of The Chhattisgarh Municipalities (Election Petition) Rules, 1962 (hereinafter called as ‘Rules of 1962’), the election petitioner, petitioner herein has preferred this revision call...

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Agreement providing for arbitaration by the CG Arbitaration Tribunal. Section 9 and 11(6) of the Arbitration and Conciliation Act, 1996 would not apply

M/s Lal Babu Singh Vs State of Chhattisgarh (Chhattisgarh High Court)

The present batch of arbitration matters have been preferred by the contractors assailing the order passed by the District Judge refusing to entertain the application under Section 9 of the Arbitration and Conciliation Act, 1996 ('the 1996 Act' in short) or for appointment of arbitrator under Section 11 (6) of the 1996 Act. ...

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In order to maintain a writ petition questioning appointment of a person, the writ petitioner must be a person qualified for the post/non-appointee.

Dr. Avinash Samal Vs State of Chhattisgarh (Chhattisgarh High Court)

Invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein calls in question the order Annexure P-1 dated 2-12-2014 whereby and whereunder, respondent No. 4 – Hon'ble Chancellor of Hidayatullah National Law University, Raipur (for short 'the HNLU') in exercise of his powe...

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In absence of motive, evidence of last seen together may not alone be sufficient to convict accused for murder

Smt. Jiteshwari Bai Vs State Of Chhattisgarh (Chhattisgarh High Court)

Appellant would assail her conviction under Section 302 of the Indian Penal Code ('the IPC' in short) and sentence of life imprisonment for committing murder of her husband namely; Rohit Kumar (since deceased), a rickshaw puller, in the intervening night of 25/26.06.2003....

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