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Chhattisgarh High Court

Sarpanch cannot file writ petition or return or enter into compromise in his name on behalf of Gram Panchayat.

April 1, 2017 6108 Views 0 comment Print

The petitioner having preferred writ petition in the name of Sarpanch of Gram Panchayat without supported with the resolution of the Gram Panchayat was not authorised to maintain the writ petition.

Writ petition challenging termination of petroleum dealership is maintainable

March 31, 2017 7299 Views 0 comment Print

In view of the observation made in the preceding paragraph (22), the Registrar (Judicial) is directed to send a copy of this order to the Secretary, Department of Petroleum, Government of India for information and appropriate needful action against the erring officials of IOCL, the respondent herein.

Civil Procedure code do not stricto sensu apply to industrial adjudication

March 29, 2017 6627 Views 0 comment Print

Provisions of the Code Code of Civil Procedure do not stricto sensu apply to industrial adjudication, even under the Code, after the Amendment Act, 1976, the normal rule is to decide all the issues together in a civil suit.

Delayed disclosure of alleged extra judicial confession makes evidence untrustworthy

March 21, 2017 1080 Views 0 comment Print

It is equally settled that circumstantial evidence in the nature of extra judicial confession is always considered to be a weak type of evidence, therefore, conviction on such evidence can form basis if it passes the test of credibility and the Court is fully convinced that the extra judicial confession is made voluntary in fit state of mind without being any coercion or duress.

HC on compensation for reduced area than area actually used by Govt.

March 16, 2017 5940 Views 0 comment Print

Petitioner owns an area admeasuring 2.00 acres bearing khasra No.266 & 267 at village Palod, PH No.69/18 RI Block Mandir Hasod, Tahsil Arang, District Raipur. A part of the said area belonging to the petitioner has been used for construction of road by the Naya Raipur Development Authority (NRDA)

Borrower can Appeal to DRT even If Mortgaged property belongs to Guarantor

March 2, 2017 4233 Views 0 comment Print

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, Allahabad

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

March 2, 2017 4215 Views 0 comment Print

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

Contingency paid employees of Chhattisgarh State Power Holding Company Limited are entitled for maternity leave U/s. 38 of Chhattisgarh Civil Services (Leave) Rules, 2010

February 20, 2017 903 Views 0 comment Print

Every child has a right to love and be loved and to grow up in an atmosphere of love and affection and of moral and material security and this is possible only if the child is brought up in a family. The most congenial environment would, of course, be that of the family of his biological parents.

Applicability of principles of res gestae explained and reiterated by HC

February 5, 2017 1740 Views 0 comment Print

The appellant has assailed the legality and validity of the impugned judgement of conviction under Section 302 of the IPC and sentence of life imprisonment which has been awarded to him by the trial Court in ST No.379/99 for committing murder of deceased Etwa Ram.

District-level Caste Scrutiny Committee had no jurisdiction to revoke caste-status

January 31, 2017 6642 Views 0 comment Print

This petition is directed against the order Annexure P-32 whereby the District Level Caste Scrutiny Committee has revoked the caste certificate issued in favour of the petitioner on 10-10-1991 by the Collector, Durg, holding that she does not belong to Scheduled Tribe as notified and therefore she is not entitled for the caste certificate.

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