Chhattisgarh High Court

Section 14 of Limitation Act not applicable to Criminal Proceedings

Radhe Shyam Khemka (dead) through legal representatives Vs Raju Yadav Alias Ram Kumar (Chhhattisgarh High Court)

Radhe Shyam Khemka (dead) through legal representatives Vs Raju Yadav Alias Ram Kumar (Chhhattisgarh High Court) In the matter of Sakhichand Sahu and others v. Ishwar Dayal  Sahu and others2, the Division Bench of the Patna High Court has clearly held that the period spent in prosecuting an application in revision before the Sessions Jud...

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When equal opportunity in public employment is denied to a class it has to be substantiated by proper data & circumstances

Ayush Medical Association Vs State of Chhattisgarh (Chhattisgarh High Court)

Ayush Medical Association Vs State of Chhattisgarh (Chhattisgarh High Court) 1. Heard finally with the consent of both the parties as urgency was pressed upon the ground that the issue involved in both these petitions are relating to advertisement for appointments of Community Health Workers by training. Since the the facts and issue invo...

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HC Grants Interim Relief to Class A Contractor from Being exposed to Recovery of Tax Demand

Sunil Kumar Agrawal Vs State of Chhattisgarh & Ors. (Chhattisgarh High Court)

Chhattisgarh High Court Grants Interim Relief To Class A Contractor From Being Exposed To Recovery of Tax Demand under the VAT Act and Central Sales Tax Act ....

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Pension can not be withheld for indefinite period contrary to Section 9(4) of C.G. Civil Service (Pension) Rules, 1976

Krishna Kumar Tiwari Vs State of Chhattisgarh (Chhattisgarh High Court)

Krishna Kumar Tiwari Vs State of Chhattisgarh (Chhattisgarh High Court) Pension can not be withheld for indefinite period contrary to Section 9(4) of C.G. Civil Service (Pension) Rules, 1976. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT 1. Heard. 2. The grievance of the petitioner is that the petitioner is now aged about 80 years [&hellip...

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Approver who has been granted pardon U/s. 306(1) of CrPC can be released on bail

Rajkumar Sahu Vs State of Chhattisgarh (Chhattisgarh High Court)

Rajkumar Sahu Vs State of Chhattisgarh (Chhattisgarh High Court) Approver who has been granted pardon under Section 306(1) of the CrPC can be released on bail in exercise of inherent jurisdiction under Section 482 of the CrPC. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT 1. Proceedings of this matter were taken for final hearing […...

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Municipality or Panchayat cannot Increase Terminal Tax Rate of transportation of Coal

South Eastern Coalfields Ltd. Vs State of Chhattisgarh (Chhattisgarh High Court)

whether Municipal Corporation/Municipal Council or the Nagar Panchayat are empowered to increasing the rate of Terminal Tax imposed upon the transportation of coal?...

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Cognizance of Section 188 offence of IPC cannot be taken on the basis of police report

State of Chhattisgarh Vs Rikki Sahu (Chhattisgarh High Court)

State of Chhattisgarh Vs Rikki Sahu (Chhattisgarh High Court) Offence under Section 188 of the IPC can be taken cognizance of by the learned Magistrate under Section 190 of the CrPC except in accordance with Section 195(1)(a)(i) of the CrPC and unless complaint in writing is filed by the concerned public officer, on the basis […]...

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Declared absconder entitled to anticipatory bail if section 82 CrPC not followed

Suresh Chandra Khandelwal Vs State of Chhattisgarh (Chhattisgarh High Court)

Suresh Chandra Khandelwal Vs State of Chhattisgarh (Chhattisgarh High Court) Procedure prescribed u/S 82 CrPC not followed before declaring an accused absconder. Such accused is not disentitled for availing benefit of anticipatory bail u/S 438 CrPC. FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT 1. The applicant has preferred this applicati...

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Refer issue of granting time to file Transitional credit claim to GST council

Dhamtari Krishi Kendra Vs Union of India (Chhattisgarh High Court)

Dhamtari Krishi Kendra Vs Union of India (Chhattisgarh High Court) The Chhattisgarh High Court has asked the local GST Commissioner to refer the matter of granting more time to file claim for transitional credit to those assessees who could not do it in time due to technical glitches to the GST Council. Under the GST […]...

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HC differentiate between ‘Resignation’ & ‘Voluntary Retirement’

Asha Ram Suryavanshi Vs Chhattisgarh Gramin Bank (Chhattisgarh High Court)

Asha Ram Suryavanshi Vs Chhattisgarh Gramin Bank (Chhattisgarh High Court) There is a clear distinction between the term ‘Resignation’ and ‘Voluntary Retirement’. The reasons in the application for voluntary retirement cannot be construed by the management of it being an application for resignation from service. Th...

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Provisional Attachment Order to safeguard from creation of third party interest was justified

Tulsiram Vs ACIT (Chhattisgarh High Court)

The issue under consideration is whether the Provisional Order of Attachment for Pending Adjudication is justified in law?...

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Mandatory Deposit of 20% of Tax liability is must for filing VAT appeal before Tribunal

Shivshankar Solvent Extraction Private Limited Vs Commissioner, Commercial Tax Civil Lines (Chhattisgarh High Court)

Shivshankar Solvent Extraction Private Limited Vs Commissioner, Commercial Tax Civil Lines (Chhattisgarh High Court) The issue under consideration is whether High Court can give relaxation from mandatory deposit of tax u/s Section 48(4)(ii) before filing appeal in front of Tribunal? Appellant is registered under VAT. Suo-Moto proceedings ...

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No detention of goods under GST for undervaluation in invoice

K. P. Sugandh Ltd. Vs State Of Chhattisgarh (Chhatisgarh High Court)

Under valuation of a good in the invoice could not be a ground for detention of the goods and vehicle for a proceeding to be drawn under Section 129 of the Central Goods and Service Tax Act, 2017 read with Rule 138 of the Central Goods and Service Tax Rules, 2017....

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State is employer under Gratuity Act for teachers/employees of aided educational institutions

Ambika Mission Boys Middle School Vs State of Chhattisgarh (Chhattisgarh High Court)

Ambika Mission Boys Middle School Vs State of Chhattisgarh (Chhattisgarh High Court) (i) The State would be employer within the definition of Payment of Gratuity Act, 1972 for the teachers/employees of aided educational institutions. (ii) There cannot be unjustified classification between the two classes of teachers/employees for payment ...

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HC directs payment of Development / Environmental Cess at increased rate till disposal of Appeal by SC

Nuvuco Vistas Corporation Limited  Vs State of Chhattisgarh (Chhattisgarh High Court)

The Petitioner herein accordingly is directed to continue depositing the Cess amount as per revised rate under protest as they have been doing in the past. The said deposit would be subject to the outcome of the Civil Appeals by the Honble Supreme Court....

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Proceeding against issue of Fake Invoice to illegally avail ITC not hit by Limitation under Section 6(2)(1)(b) of CGST Act 2017

Dadhichi Iron And Steel Pvt. Ltd. Vs Chhattisgarh GST (Chhattisgarh High Court)

This Court does not find any substance in the arguments of the petitioner, when they say that the investigation and the proceedings now initiated is one, which hit by Section 6(2)(1)(b) of the CGST Act of 2017. What has also to be appreciated is the fact that there is a clear distinction between a proceeding drawn for the demand of tax ev...

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Delay in filling TRAN-1- Benefit cannot be extended if no effort made by Appellant to file

Jagadamba Hardware Stores Vs Union of India (Chhattisgarh High Court)

In the given case the relief sought for by the petitioner in the present writ petition is for issuance of a writ to the respondents granting permission to the petitioner to submit TRAN-1 form electronically by opening electronic portal or in the alternative allow the petitioner to tender the form manually and thereafter the petitioner's c...

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Prospective accused has no right of hearing before registration of FIR

Dhananjay Kumar Vs State of Chhattisgarh (Chhattisgarh High Court)

Prospective accused has no right of hearing before registration of FIR and investigation by the police officer or before the Court including the writ Court, therefore, in a writ petition seeking direction for registration of FIR and investigation into a cognizable offence, the prospective accused is neither necessary nor a proper party....

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Benami Law- Amended Provision of 2016 has no relevance without provisions of Act of 1988

Tulsiram Vs ACIT (Benami Prohibition) (Chhattisgarh High Court)

Tulsiram Vs ACIT (Benami Prohibition) (Chhattisgarh High Court) To decide the core issue whether the amended Benami Transactions (Prohibition) Amendment Act, 2016 can be made applicable for initiating proceedings against the petitioner in respect of the properties which were purchased or acquired prior to 01.11.2016, it would be necessary...

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CIT cannot assess objects vis-a-vis donation at registration Stage

CIT Vs Rishabh Foundation Trust (Chhattisgarh High Court)

Section 12A of the Income Tax Act nowhere empowers the Commissioner of Income Tax to assess the objects vis-a-vis the donation received by the Charitable Trust in the first year of its establishment. At the stage of Section 12A the Commissioner is not to examine the application of income....

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HC found 41 questions/answers out of 100 wrongly framed

Kumar Saurav Vs State of Chhattisgarh (Chhattisgarh  High Court)

Kumar Saurav Vs State of Chhattisgarh (Chhattisgarh  High Court) Out of 100 questions, as much as 41 questions/answers have wrongly been framed. Re-examination ordered. Carelessness will always have a price. Considering the degree and percentage of defects in the question papers which according to this Court as much as 41 wrong questions...

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Hindu Succession Act not applies to private property of ruler by virtue of Section 5(ii)

Smt. Krishana Kumari Devi & Ors. Vs Harihar Chandra Bhanjdeo & 505 Others (Chhattisgarh High Court)

Smt. Krishana Kumari Devi Vs Harihar Chandra Bhanjdeo (Chhattisgarh High Court) It is, indisputably and fairly well settled that private was to remain with him under the covenant/agreement executed with the GOI and the said property has to pass on from one Ruler to another in terms of Article 5 of the agreement. It would […]...

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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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Laying of underground cable by mobile service provider is exigible to property tax

M/s Bharti Airtel Limited Vs State Of Chhattisgarh (Chhatisgarh High Court)

Laying of underground cable by the mobile service provider is exigible to property tax being a levy for use of land for laying of cable and not on cable itself. ...

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Tendu Leaves, Not A Minor Forest Produce, Vat Payable @25%

State of Chhattisgarh Vs M/s Shobha Enterprises (Chhattisgarh High Court)

Tendu leaves has separate entry, wherein, VAT is payable @25% and the same cannot be clubbed in general entry ‘minor forest produce’ for availment of reduced rate exemption notification....

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A civil Court does not grant leave to file another suit

Jagannath Dey Vs Mrinal Mallik S/o Gourchandra Mallik (High court Chhattisgarh)

Jagannath Dey Vs Mrinal Mallik S/o Gourchandra Mallik (High court Chhattisgarh) 1. Learned counsel appearing for the appellant would seek permission of the Court to withdraw this appeal with liberty to move a fresh suit under the provisions of the Guardians and Wards Act, 1890 seeking custody of the minor. 2. In Shiv Kumar Sharma v [&hel...

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Contempt jurisdiction is jurisdiction of necessity and inheres in every court of record

M/s Lanco Amarkantak Power Ltd. Vs A.P. Panda, Chairman-cum-Managing Director (Chhattisgarh High Court)

M/s Lanco Amarkantak Power Ltd. Vs A.P. Panda, Chairman-cum-Managing Director (Chhattisgarh High Court) it is quite vivid that this Court while granting the appeal under Section 37(1)(b) of the Act of 1996 preferred by the petitioner not only set aside the order passed by the learned District Judge setting aside the award and restoring th...

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Frooti is beverage chargeable to Entry Tax @ 2% in Chhattisgarh

Mr. P. M. Choudhary, Senior Advocate Vs. Mr. Anand Dadariya, Deputy Govt. Advocate (Chhattisgarh High Court)

The petitioners cannot be allowed to make separate entry when frooti is covered within the specific entry and residuary entry cannot be resorted into. In the considered opinion of this Court, both the authorities are absolutely justified in holding that frooti is a product covered by Entry 14 of Schedule II of the Chhattisgarh Entry Tax A...

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Conduct of arbitral proceeding should speak itself to draw inference of impartiality

Col. J.P.S. Yadav Vs South Eastern Coalfields Limited (High Court Chhatisgarh)

Col. J.P.S. Yadav Vs South Eastern Coalfields Limited (High Court Chhatisgarh) Consequently, evaluating the facts, the finding that the notices were sent under the camouflage cover of SECL concealing the name of the sole arbitrator on 20.9.1993 and 28.10.1993 would be important. Further, the Court held that no service was affected to ...

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School cannot fail a student till Class VIII; School should ensure attendance of student

Master Vatsal Khakhariya Vs State of Chhattisgarh (Chhattisgarh High Court)

Right to education up to the age of 14 years is guaranteed as fundamental right under Article 21A of the Constitution of India and a student cannot be failed up to 8th Class....

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Personal information like T.A. bill cannot be directed to be given under RTI Act, 2005

Chhattisgarh Board of Secondary Education Vs Public Information Officer (Chhattisgarh High Court)

Personal information like T.A. bill etc. cannot be directed to be given under the Right to Information Act, 2005 in view of Section 8(1)(j) of the said Act....

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Application for restoration should not be decided only on technical approach

Raghunath Manjhiwar Vs Ghanshyam Gupta (Chhattisgarh High Court)

When the applications are filed to restore the same, the Courts are expected to look into the matter not only in the technical angle but also it needs blending of humanity looking to the nature of the case for which the restoration is sought. Otherwise the Court would start emitting danger signals....

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Lok Adalat cannot adjudicate a lis on merit except settlement

M/s K.K. Distributors 486 Vs State of Chhattisgarh (Chhattisgarh High Court)

Learned counsel for the petitioners submits that the Lok Adalat could not have passed the order on merits and should have been referred the case to the Regular Court for adjudication and if the orders are passed thereafter the substantial right of the petitioner would have been affected, therefore, the impugned order dated 09.09.2017 be s...

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Chhattisgarh VAT: SCN issued after three calendar years from the date of Original Assessment Order are invalid

M/s Kishan Lal Vs Additional Commissioner Of Commercial Tax (Chhattisgarh High Court)

M/s Kishan Lal Vs Additional Commissioner Of Commercial Tax (Chhattisgarh High Court) In the proviso (a) to sub-section (3) of Section 49 of the VAT Act an embargo has been created for the purpose that no proceeding initiating suo motu revision under Section 49 (3) shall be initiated after the expiry of three calendar years […]...

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HC directs Municipal Corporation, Raipur to Consider GST reimbursement application as per law

Natthani Infrastructures Vs State of Chhattisgarh (Chhattisgarh High Court)

Natthani Infrastructures Vs State of Chhattisgarh (Chhattisgarh High Court) 1. Learned counsel appearing for the petitioner would submit that petitioner has made an application on 05.04.2018 before the respondent authorities for reimbursement of additional Goods and Services Tax (GST) liability on civil contract and work order issued pri...

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HC reminds Bar Council of Its Duties and allowed income tax exemption U/s. 10(23A)

State Bar Council of Chhattisgarh Vs Commissioner of Income Tax (Chhattisgarh High Court)

It was held that The State Bar Council of Chhattisgarh is entitled for income tax exemption under Section 10(23A) of the Income Tax Act, 1961 with effect from 1-11-2000 (from the date of constitution of the Council)....

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Reassessment Proceeding initiated after 6 years is not valid; Department must prove dispatch of notice

M/s Ardent Steel Limited, Vs ACIT (Chhattisgarh High Court)

After issuing notice and after due dispatch, it must be placed in hands of the serving officer like the post office by speed post or by registered post etc., by which the officer issuing notice may not have control over the said notice after issuance of the said notice. It must be properly stamped and issued on the correct address to whom...

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RTI Information seeker cannot resort to penalty proceeding U/s. 20 RTI Act, 2005

Rajkumar Mishra Vs Chhattisgarh State Information Commission (Chhattisgarh High Court)

It is held that The information seeker is only entitled for damages and cost, if any, as there is no provision in the Act of 2005 for payment of penalty or part thereof recovered from Erring Information Officer to the information seeker and therefore information seeker cannot as a matter of right claim audience in the penalty proceedings ...

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Service of Section 148 Notice to CA of Assessee is not service at all

M/s Ardent Steel Limited Vs ACIT (Chhattisgarh High Court)

No notice was served to the petitioner under Section 148(1) of the IT Act and service of notice to the Chartered Accountant of the petitioner Company is not service at all and participation of the petitioner Company by filing return and filing objection to the notice to the reasons to believe cannot be held to be a valid service of notice...

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Registration U/s. 12A of trust cannot be denied merely because it consists of Urologist Doctors

Commissioner Of Income Tax Vs. Chhattisgarh Urology Society (Chhattisgarh High Court)

The Chhattisgarh High Court, in the case of Commissioner of Income Tax Central Revenue v. Chhattisgarh Urology Society recently announced that a society consists of urologist doctors eligible for registration under Section 12A of the Income Tax Act....

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Reassessment notice issued after 4 years without prior approval of Commissioner is not valid

Maruti Clean Coal & Power Ltd. Vs Assistant Commissioner of Income-tax (Chhattisgarh High Court)

The present petition under Article 226 of the Constitution of India has been filed assailing the notice dated 28.03.2017 issued under Section 148 of the Income Tax Act, 1961 (in short, the Act) and also the order dated 25.09.2017 whereby the objections preferred by the petitioner questioning the issuance of notice dated 28.03.2017 was rej...

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Section 148 notice without proper sanction U/s. 151(1) is invalid

Maruti Clean Coal & Power Ltd Vs. Assistant Commissioner of Income Tax (Chhattisgarh High Court)

The present petition under Article 226 of the Constitution of India has been filed assailing the notice dated 28.03.2017 issued under Section 148 of the Income Tax Act, 1961 (in short, the Act) and also the order dated 25.09.2017 whereby the objections preferred by the petitioner questioning the issuance of notice dated 28.03.2017 was rej...

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Right to Property is Constitutional / Legal and Human Right

Narayan Prasad Vs State of Chhattisgarh (Chhattisgarh High Court)

In absence of law prohibiting transfer, no restriction to transfer the land can be directed by respondent No.2 as right to property under Article 300-A of the Constitution of India is not only constitutional or legal right, but it is also human right and a person can be deprived of that right only by authority of law....

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Reassessment cannot be initiated merely on report of Valuation Officer

Smt. Kamala Ojha Vs Income Tax Officer (Chhatisgarh High Court)

Thus, it appears that only on the basis of the valuation report received from the said officer – Assistant Valuation Officer, the assessing authority sought to reopen the proceeding under Section 147 of the Act, 1961 which is clearly not an information for reopening the assessment proceeding...

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No Penalty for non payment of service Tax if no willful suppression of facts to evade tax

Mahadev Logistics, Vs Customs and Central Excise Settlement Commission (Chhattisgarh High Court)

Court is of the considered opinion that there is no willful suppression of facts to evade tax on the part of the petitioner and it was bona fide on the part of the petitioner, it was not deliberate and in absence of finding relating to mensrea recorded by the Settlement Commission, the penalty imposed upon the petitioner under Section 78 ...

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Decisions rendered by M.P. HC prior to 1-11-2000 are binding on Chhattisgarh HC

Smt. Gulshaad Shabdar Khan Vs Smt. Ganga Sahu (Chhattisgarh High Court)

The decisions rendered by the M.P. High Court prior to 1-11-2000 are binding on the Chhattisgarh High Court on the principle of comity....

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Freight charges are part of sale price & includible in taxable turnover for VAT

Kasturchand Bafna Vs State of Chhattisgarh (Chhattisgarh High Court)

In the present batch of writ petitions, the seminal issue falling for consideration is whether the freight charges for transporting dolomite by the petitioners to the respondent/Bhilai Steel Plant (for short the BSP) would be a part of sale price and hence exigible to commercial tax or not....

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Remedy available under Consumer Protection Act, 1986 is additional remedy

Rajesh Kumar Agrawal Vs Tulsi Electronic (Chhattisgarh High Court)

The remedy available under the Consumer Protection Act, 1986 is an additional remedy for consumers and not in derogation of remedy available under Section 8-B of the Indian Telegraph Act, 1885....

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Copy of FIR to accused cannot be refused except in sensitive cases

Titash Banik Vs State of Chhattisgarh (Chhattisgarh High Court)

In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a person grieved by the said action, after disclosing his identity, can submit a representation to the Superintendent of Police or any person holding the equivalent post in the State....

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Object of parole is to rehabilitate the convicted prisoner

Rakesh Shende Vs State of Chhattisgarh (Chhattisgarh High Court)

Application for temporary leave (parole) has to be decided by District Magistrate keeping in view that the object of parole is to rehabilitate the convicted prisoner....

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Writ of quo warranto lies only when appointment is contrary to statutory provisions

Ashish Kumar Sharma, Vs State of Chhattisgarh, (Chhattisgarh High Court)

Seeking issuance of a writ of quo warranto directing 5th respondent Sanjay Kumar Patil to show cause under what authority he continues to hold the Office of Vice Chancellor, Indira Gandhi Krishi Vishwa Vidyalaya, Raipur, Ashish Kumar Sharma – the petitioner herein, has filed this writ petition....

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Challenge of award passed by Permanent Lok Adalat

Divisional Railway Manager Vs Public Utility Permanent Lok Adalat (Chhattisgarh High Court)

The award passed by the Permanent Lok Adalat can be challenged by party to dispute under Article 226/227 of the Constitution of India....

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Even when mortgaged property belongs to guarantor, borrower would be a person aggrieved for filing appeal U/s. 17 of SARFAESI Act, 2002

Manik Mehta Vs UCO Bank, & others (Chhattisgarh High Court)

This petition under Article 227 of the Constitution of India has been preferred for quashment of the recovery and auction proceedings initiated against the petitioner by the respondent UCO Bank (the Bank henceforth); for quashing the appellate order dated 9-11-2011 passed by the Debts Recovery Appellate Tribunal...

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In order to forfeit gratuity of terminated employee u/s 4(6)(b)(ii) of PG Act, 1972, his conviction for an offence involving moral turpitude is mandatory

The General Manager, Vs Shri Jitendra Kumar Shrivastava (Chhattisgarh High Court)

In order to invoke Section 4 (6) (b) (ii) of the PG Act to forfeit an amount of gratuity payable to an employee, the condition precedent is that terminated employee must be convicted for an offence for the time being in force and that offence must be an offence involving moral turpitude....

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Adjudicating Officer required to make an enquiry before imposing penalty

Ramakant Gupta Vs State of Chhattisgarh, (Chhattisgarh High Court)

The Adjudicating Officer under Food Safety and Standards Act, 2006 (FSS Act of 2006) is required to make an enquiry before imposing penalty over the person charged for violation of Section 26(2) of the FSS Act of 2006....

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Writ of quo warranto should be issued where clear infringement of law is established by writ petitioner

Virendra Pandey Vs State of Chhattisgarh (Chhattisgarh High Court)

Invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, petitioner herein Shri Virendra Pandey seeks issuance of a writ in the nature of quo warranto against respondent No. 2 Shri Narayan Singh questioning his appointment and for his consequent removal from the post of Chairman, Chhattisgarh State Elec...

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Scope of judicial review in contractual matter by Court under Article 226 of Constitution of India restated

M/s Acer India Private Limited Vs State of Chhattisgarh (Chhattisgarh High Court)

It is held that the petitioner has miserably failed to make out a case for interference in exercise of extra-ordinary jurisdiction under Article 226 of the Constitution of India within the four corners of law and yardsticks set out by Their Lordships of the Supreme Court in the above-quoted judgements (supra) qua interference in contractu...

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HC on Selection / appointment of Civil Judge (Entry Level)

Vireshwar Prasad Mire Vs State of Chhattisgarh (Chhattisgarh High Court)

Selection and appointment on the post of Civil Judge (Entry Level) has to be made in accordance with the Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006....

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Indirect control by Govt over an office will not render it as office of profit

Prakash Rao S/o Vs Mohanlal Markam & others (Chhattisgarh High Court)

This election petition is concerned with the election held in respect of Legislative Assembly Area No. 83 of Kondagaon constituency wherein the voting took place on 11.11.2013 and the result of the election was declared on 08.12.2013 and the respondent Mohanlal Markam was declared as returned candidate. The following is the position of vo...

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Decree passed against a minor or a person of unsound mind without appointing his guardian is void

Smt. Babita Gupta Vs Dinesh Gupta S/o (Chhattisgarh High Court)

This appeal is directed against the decree of judicial separation passed by the Family Court, Durg on 21.01.2014. 2. The appellant preferred an application under Section 13 of the Hindu Marriage Act, 1955 (henceforth 'the Act, 1955') on the pleadings that her marriage was solemnised with the respondent on 09.06.2003. After one and half y...

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Writ petition against SCN is maintainable, if notice is issued with pre-meditation

Smt. Shitala Diwan Vs State of Chhattisgarh (Chhattisgarh High Court)

The petitioner's husband while working as Teacher (Panchayat) at Government High School, Baya, Janpad Panchayat Kasdol died in harness on 30.10.2011. She made an application for appointment on compassionate ground on the post of Assistant Teacher (Panchayat)....

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Company unable to pay debt/tax to Government Judicial discretion to direct winding up should not be exercised

Budhia Auto Associate Pvt. Ltd. Vs None (Chhattisgarh High Court)

This petition for winding up has been preferred by the company itself without referring to the relevant clause of Section 433 of the Companies Act, 1956 ('the Act' in short), however, in course of argument it was informed that the petition is under Section 433 (e) of the Act....

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Tax applicable to a Deluxe Bus cannot be demanded only on the basis that it has push back or recilining seats

Sharat Kumar Barpanda, Vs State of Chhattisgarh (Chhattisgarh High Court)

To ascertain as to whether a service can be classified as Deluxe service only on the ground that the seats in the vehicle have push back or reclining facility. It appears, there is no such provision that only on such facility being available in a vehicle it can be classified as a Deluxe service...

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Sections 8(1) & (2) of Arbitration and Conciliation Act, 1996 are mandatory in nature

Jhansi-Orai Tollyway Pvt. Ltd. Vs Bank of India (Chhattisgarh High Court)

Oppugning legality, validity and correctness of the order dated 10-2-2014 passed by the trial Court (judicial authority) in Civil Suit No. 207-A/2013 by which that Court in exercise of power conferred under Section 8(1) of the Arbitration and Conciliation Act, 1996 (hereinafter called as the ‘AC Act, 1996’) relegated the parties to ar...

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Person not executing sale deed in question not liable to pay ad valorem court fee

Tarun Chandrakar S/o Vs Smt. Kumari Bai W/o (Chhattisgarh High Court)

The petitioner/plaintiff is aggrieved by the order passed by the trial Court, which has directed the petitioner to pay ad valorem Court fees on the prayer made by him for declaring the sale deed dated 26-3-2012 executed by the respondents No. 1 to 5 in favour of the respondent No.6 as null & void and not benefiting the respondent No. 6....

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Ad valorem Court fees is payable even when plaintiff, executant of sale deed alleges fraud

Kalapataru Sales Private Limited Vs Deepak Agrawal S/o Late C.B. Agrawal (Chhattisgarh High Court)

In both the petitions under Article 227 of the Constitution of India the petitioner/plaintiff is aggrieved by the order passed by the trial Court directing the petitioner to pay ad valorem Court fees on the plaint. The direction has been issued while considering the respondent No. 1/defendant No. 1’s prayer for rejection of plaint under...

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Medical evidence is only an opinion, therefore, not conclusive

Babulal, S/o Bhagwat Vs State Of Chhattisgarh (Chhattisgarh High Court)

The learned trial Court has committed serious error by convicting the appellant for offence punishable under Section 302 of the IPC. Thus, we are unable to sustain the impugned judgement of conviction and order of sentence....

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Widowed daughter-in-law is entitled to be considered for compassionate appointment

Smt. Duliya Bai Yadav, Vs State of Chhattisgarh, (Chhattisgarh High court)

It is quite vivid that the implied exclusion of daughter-in-law from the fray of consideration by the State Government without considering the fact as to whether the daughter-in-law is dependent or not is constitutionally impermissible. The Government must provide for consideration of all those persons who are dependants of the deceased G...

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Distinction between social vertical reservation and social horizontal reservation and manner of distribution of horizontal reservation posts pointed out

Dwarika Prasad Patel, Vs State of Chhattisgarh (Chhattisgarh High Court)

Since common question of law and fact is involved in the above four writ petitions, they are being disposed of by this common order. ...

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No writ of mandamus can be issued to Registrar, Cooperative Societies to amend rules

M.L. Dewangan, Vs State Of Chhattisgarh, (Chhattisgarh High Court)

1. Invoking writ jurisdiction under Article 226 of the Constitution of India, the present writ petition has been filed by the petitioner seeking writ of mandamus or suitable direction to respondent No. 2/Registrar, Co-operative Societies for appropriate amendment in the service rules in the light of the order passed by this Court in Writ ...

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In a proceeding for writ of quo-warranto, suitability of holder of public office cannot be examined

Kamlesh Shukla, Vs State of Chhattisgarh, (Chhattisgarh High Court)

Claiming issuance of writ of quo warranto directing 5th respondent Dr. Ramesh Chandra Arya to show cause under what authority he continues to hold the office of Associate Professor (Pathology) in Chhattisgarh Institute of Medical Sciences, petitioner herein Kamlesh Shukla has filed this writ petition....

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Educational qualification is not a qualification prescribed for post of Kotwar in Kotwari Rules

Daya Das Panka Vs Nirmaldas, S/o Sukhdas Panka (Chhattisgarh High Court)

.The basic finding of the Board of Revenue that educational qualification is required for the post of Kotwar is unsupportable by the Rules and therefore the consequent finding recorded that the petitioner has referred incorrect educational qualification (marks sheet) to support his appointment, is also liable to quashed being perverse to ...

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Requirement of depositing 75% of award amount U/s. 19 of MSMEs Development Act, 2006, is mandatory

M/s. I.C.S.A. (India Limited) Vs M/s. Swastik Wires (Chhattisgarh High Court)

If the facts of the instant case are examined, it is quite vivid that in the present case, the award was passed by the Facilitation Council on 12-3-2014, the respondent herein filed application for execution of award on 21-8-2014 and thereafter on 19-2- 2015, application under Section 34 of the Act of 1996 was filed […]...

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Transfer of criminal case not permissible on imaginary or artificial apprehension that justice may not be done

Alok Kumar Agrawal & others Vs State of Chhattisgarh (Chhattisgarh High Court)

The principle that there should not be an apprehension on the part of the party to the case that justice will not be done is not to be applied in extract terms nor the principle that once one of the accused in the case has lodged a complaint against the presiding officer, the case should necessarily be transferred....

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PF Commissioner obliged to enquiry U/s. 7A(3A) of EPF Act before deciding applicability dispute and determining PF dues

Sunshine Caterers Pvt. Ltd., Vs Employees Provident Fund Appellate Tribunal, (Chhattisgarh High Court)

1. Superb question of law involved in this batch of writ petitions is whether the Assistant Provident Fund Commissioner is justified in holding that “Commission Vendors” engaged by the petitioner/its predecessors-in interest for selling its food products can be considered to be its employees for the purpose of Section 2 (f) of the Emp...

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Execution of eviction decree can proceed against one of legal heirs of deceased tenant because all legal heirs are joint tenants and not tenants in common

Anil Gupta & others Vs Thamman Singh & others (Chhattisgarh High Court)

Accordingly, both the impugned orders are set aside and the Executing Court is directed to proceed with the execution of decree against the present legal heir Hardayal Singh....

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Service conditions of employee allocated to Chhattisgarh cannot be varied to his disadvantage

D.S. Dandotia, Vs State of Chhattisgarh, (Chhattisgarh High Court)

Service conditions of the allocated employee to Chhattisgarh Upon reorganisation of the erstwhile State of Madhya Pradesh cannot be varied to his disadvantage without prior approval of Central Government. Order On Board 1. The petitioner is a duly appointed Sub Engineer working in the Water Resources Department appointed by the erstwhile ...

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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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Appointment of lawyer as Government Advocate is professional engagement by State Government and Additional Public Prosecutor/AGP doesn’t hold “civil post”.

Cheedeelal Yadaw, Vs State of Chhattisgarh, (Chhattisgarh High Court)

It seems to us that it would be an incorrect approach to start this process by considering the re-appointment or renewal of existing Government Counsels since that would dilute, nay, dissolve the discretion of the Government to appoint advocates whom they find trustworthy....

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Writ petition against SCN is maintainable, if issued with premeditation

Shreyansh Jaiswal, Vs State of Chhattisgarh (Chhattisgarh High Court)

It is made clear that this Court has not expressed any opinion on the merit of the case. However, respondent-N.T.P.C. is at liberty to proceed further in accordance with law without being prejudiced by any of the opinion/observation made herein above....

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Jurisdiction to directly take cognizance of offence under SC / ST Act

Smt. Achla D Sapre Vs Smt. Asha Mahilkar (Rajput) (Chhattisgarh High Court)

The trial Magistrate / Judicial Magistrate has no jurisdiction to directly take cognizance of the offence under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, it is the Special Court under Section 14 of the Act of 1989 who has jurisdiction under the Act of 1989....

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