Chhattisgarh High Court

Executive order cannot curtail statutory tenure appointment

Ramji Bharti Vs State of Chhattisgarh (Chhattisgarh High Court)

Ramji Bharti Vs State of Chhattisgarh  (Chhattisgarh High Court) The constitution Bench of Supreme Court in Sant Ram Sharma v. State of Rajasthan and others AIR 1967 S.C. 1910 held that it is true that the Government cannot amend or supersede the statutory rules by administrative instruction, but if the rules are silent on any […]...

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RTI Information supplied after statuary period of delay- Rs. 25000 penalty imposed

Rajesh Kumar Patel S/o Shri Ramsharan Vs Chief Information Commission (Chhattisgarh High Court)

Rajesh Kumar Patel S/o Shri Ramsharan Vs Chief Information Commission (Chhattisgarh High Court) Admittedly, in this case, up till the filing of the second appeal, no information was supplied, however, the information when was supplied i.e. the copy of the cash-book, the petitioner contended that one copy was supplied twice. The commission...

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Finality of litigation cannot be on the basis of fraud as fraud virates all acts

Indian Church Council Of The Disciples Of Christ Vs Krishna Kumar Agrawal (Chhattisgarh High Court)

When fraud is played, which is apparently prima facie apparent from the records, then the finality of a decree cannot be allowed to precipitate. The said principle is fortified by the Supreme Court in {(2007) 7 SCC 482}....

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HC admits appeal against non-allowance by GST portal of Interest against ITC

Vandana Global Ltd. Vs Principal Commissioner Central GST & ors. (Chhattisgarh High Court)

Learned counsel for the petitioner would submit that interest on the delayed payment has been levied, petitioner is entitled to adjust the same for input tax credit and can be paid in cash, however GST portal do not allow the same unless and until entire cash is paid....

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Prosecution for tax evasion not sustainable if Penalty been deleted

M/s. System India Castings Vs Pr. CIT (Chhattisgarh High Court)

M/s System India Castings Vs Pr. CIT (Chhattisgarh High Court) It was mentioned that the assessee has preferred an Appeal against the penalty order before the CIT (Appeals), Raipur, which is pending for decision. When the CIT (Appeals) heard the appeal preferred by the assessee on merits, it reached to the conclusion that the petitioner [...

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State actions are also governed by doctrine of promissory estoppel

Yashdeep Singh Saini Vs Naya Raipur Development Authority (Chhattisgarh High Court)

Yashdeep Singh Saini Vs Naya Raipur Development Authority (Chhattisgarh High Court) At the first instance, it will show that the petitioners’ land were acquired by the respondents. It has to be born in mind that the said acquisition was not as like of a general contract of a sale & purchase on free will of […]...

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Court-fees depends on relief claimed not on value of property: HC

Smt. Neelam Dagla Vs Sarwan Gond (Chhattisgarh High Court)

For the purpose of injunction, the value of property would not be a criteria for valuation. In order to assess the valuation of plaint, the relief clause has to be seen. In a case where the fixed court fee is payable according to Schedule-II of Article 17 of the Court Fees Act for relief of declaration, that would be the value for the pur...

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Negotiable Instrument Act covers not only debt but also covers Later Liability

Madan Tiwari Vs Yashwant Kumar Sahu (Chhattisgarh High Court)

Madan Tiwari Vs State of Chhattisgarh (Chhattisgarh High Court) Purport of the special law under the Negotiable Instruments Act is to ensure that the promise to pay is abided by the person so promising. The provision under Section 139 of the NI Act is that it shall be presumed that the holder of a cheque […]...

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Condonation of 253 days delay in filing appeal not allowed for demise of mother when business was going on

M/s. Brandavan Food Products Vs Commissioner (Appeals) (Chhattisgarh High Court)

Delay of 253 days in filing appeal before CIT(A) due to extraordinary situation such as facing of marital dispute by his daughter,  demise of the mother could not be considered when assessee was carrying on the commercial activities/business during the relevant period....

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Rule of Merit cannot be compromised & obstructed by unreasonable time schedule for admission.

Rajiv Pratap Singh Vs Guru Ghasidas Vishwavidyalaya (Chhattisgarh High Court)

Rajiv Pratap Singh Vs Guru Ghasidas Vishwavidyalaya (Chhattisgarh High Court) The Supreme Court in case of Asha v. Pt. B.D. Sharma University of Health Sciences and others (supra) has held that if the rule of merit is defeated by inefficiency, inaccuracy or improper method of admission, then it can be interfered and otherwise it would [&h...

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