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Chhattisgarh High Court

A candidate whose nomination paper was rejected, cannot file election petition

January 25, 2017 1152 Views 0 comment Print

Chhattisgarh High Court held in the case of Yogita Singh Tanwar vs State Of Chhattisgarh & others that When election has not taken place, a candidate whose nomination paper was rejected, cannot file an election petition under Section 122 of the Panchayat Raj Adhiniyam. Writ Petition is maintainable to challenge rejection of nomination paper.

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

January 24, 2017 2853 Views 0 comment Print

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).

Conviction for murder; Handwriting Expert’s opinion pertaining to ransom letter

January 24, 2017 1236 Views 0 comment Print

Conviction for murder; Handwriting Expert’s opinion pertaining to ransom letter cannot from the basis for conviction, moreso, when specificmen handwritings were obtained by investigating officer and not in court.

Post of Chief Executive Officer, Janpad Panchayat has to be filled up in accordance with the Rules of 2006, it cannnot be filled up by Deputy Collector.

January 16, 2017 2778 Views 0 comment Print

The petitioner who is substantively holding the post of Chief Executive Officer, Janpad Panchayat seeks to challenge the legality, validity and correctness of the order dated 16.03.2015 (Annexure P/2) passed by respondent No. 1/State of Chhattisgarh whereby respondent No. 4/Deputy Collector has been appointed on the post of Chief Executive Officer, Janpad Panchayat, Dondi, District Balod and the petitioner has been transferred on the post of In-charge Assistant Director, Office of Assistant Commissioner, Tribal Welfare, Korba alleging the said appointment to be contrary to the applicable rule.

Directions issued to Government authorities to comply Chhattisgarh Motor Vehicles Rules, 1994 as well as amended Rules 76B and 76C, particularly with regard to school buses

January 16, 2017 609 Views 0 comment Print

“Wings to Fly ‘You were born with potential. You were born with goodness and trust. You were born with ideas and dreams. You were born with greatness. You were born with wings. You are not meant for crawling, so don’t, you have wings. Learn to use them, to fly.”

Maintainability of Application for termination of mandate of an Arbitrator

January 6, 2017 3774 Views 0 comment Print

Application for termination of mandate of an Arbitrator under Section 14(1) of the Arbitration and Conciliation Act, 1996, is maintainable before the principal Civil Court of original jurisdiction i.e. the District Judge and not before the High Court.

Challenge of award passed by Permanent Lok Adalat

January 4, 2017 10509 Views 0 comment Print

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

In a case of circumstantial evidence, the conviction is not sustainable only on account of recovery of bloodstained articles from the accused unless there are other corroborative evidence.

January 3, 2017 4026 Views 0 comment Print

There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused

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

January 2, 2017 10167 Views 0 comment Print

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

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

January 2, 2017 969 Views 0 comment Print

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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