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Person detained in jail despite release order by appellate Court is entitled for compensation of his illegal detention for breach of his fundamental right under Article 21 of Constitution of India

April 11, 2016 570 Views 0 comment Print

Father of our Nation said: – “To deprive a man of his natural liberty and to deny to him the ordinary amenities of life is worse than starving the body; it is starvation of the soul, the dweller in the body.” “Mahatma Gandhi”

Vehicle seized under Section 39(1)(d) of Wild Life (Protection) Act, 1972 cannot be property of the Government unless finding is recorded by Criminal Court that vehicle is used for commission of offence.

April 5, 2016 9522 Views 0 comment Print

The petitioner No. 1 is the registered owner of Maruti Zen bearing registration No. CG.04/ZD 7655. The said vehicle was found involved in commission of offence punishable under Sections 9, 44, 51, 25 & 26(28) of the Wild Life (Protection) Act, 1972 (henceforth ‘Act of 1972’) and Criminal Case No. 647/2012 was registered in the Court of Judicial Magistrate First Class, Baloda Bazaar titled as State of Chhatisgarh v. Mohammad Shoaib & another and same is pending consideration.

Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016

April 4, 2016 5005 Views 0 comment Print

These rules shall apply to the management of hazardous and other wastes as specified in the Schedules to these rules but shall not apply to – (a) waste-water and exhaust gases as covered under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the rules made there under and as amended from time to time;

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

March 22, 2016 1203 Views 0 comment Print

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.

Cadre post of Labour Commissioner to be filled by cadre officer (member of IAS), cannot be filled by member of IFS.

March 18, 2016 558 Views 0 comment Print

Claiming a writ in the nature of quo warranto, Shri Santosh Sahu, the petitioner herein, has filed this writ petition under Article 226 of the Constitution of India stating inter alia that the appointment of respondent No. 3 Shri Jiten Kumar as Labour Commissioner is contrary to the statutory provisions, and for his consequent removal from the post of Labour Commissioner, Government of Chhattisgarh, Raipur.

National Coal Wage Agreement (NCWA) has a force of law; terms of NCWA should be fair and reasonable and should not be opposed to law

March 15, 2016 10470 Views 0 comment Print

The brilliant question of law that has cropped up for consideration in this petition is whether exclusion of married daughter of the deceased SECL servant for being considered for dependent employment under the terms of National Coal Wage Agreement -VI (henceforth ‘NCWA-VI”) read with National Coal Wage Agreement-IX (henceforth ‘NCWA-IX”) is just, fair and reasonable ?

A person suspected of an offence cannot be forced to undergo Narco-analysis, BEAP and polygraph tests without his consent

March 8, 2016 2199 Views 0 comment Print

The scientific question that emanates for consideration in this writ petition is legal permissibility of Narco analysis, polygraph test (lie-detector test) and BEAP (Brain Electrical Activation Profile) test to be conducted against the will and without consent of a person suspected of an offence, subjected to either of the test(s).

Petitioners/dealers carrying-on their business in railway area are liable to pay entry tax under the Chhattisgarh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976.

March 4, 2016 381 Views 0 comment Print

Hon’ble Shri Justice Sanjay K. Agrawal Order On Board  1. The important question of law that emanates for consideration is whether the Entry Tax under the provisions of the Chhattisgarh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 can be levied upon the goods brought into railway area where the petitioners are carryingon […]

Courts should not make adverse remarks agianst party/litigant unless really necessary for just decision of case and opportunity of hearing should be afforded before making such remarks

March 4, 2016 2712 Views 0 comment Print

Seeking expunction of certain offending/objectionable remarks in the judgment delivered on 09.12.2014 by learned Second Additional Sessions Judge, Sakti, District Janjgir-Champa (Chhattisgarh) in Sessions Trial No. 21/2014 in the matter of State of Chhattisgarh v. Gangaram Bareth and others, the petitioner herein has filed this writ petition on the following factual backdrop:-

Lok Aayog has no jurisdiction and authority to pass orders directing departmental enquiry and consequent recovery, it can only make recommendations for such an action.

February 26, 2016 714 Views 0 comment Print

1. The superb question of law that falls for consideration in this writ petition is, whether the Chhattisgarh Lok Aayog has jurisdiction and authority to pass an order directing the State Government and / or its authorities to hold departmental enquiry mandatorily and to recover the amount in exercise of its advisory jurisdiction under sub-section (1) […]

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