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Chhattisgarh High Court

Directions with regard to proper utilization of public funds by Government officials and Departments issued qua Chhattisgarh Store Purchase Rules, 2002 as amended in 2004

June 14, 2016 681 Views 0 comment Print

The interesting question which arises in this petition is, “Whether the Municipal Corporations are bound to purchase items mentioned in Schedule – 1 attached to the Chhattisgarh Store Purchase Rules, 2002 (as amended in 2004) (henceforth ‘the Rules’) only from the companies approved by the Chhattisgarh State Industrial Development Corporation (henceforth ‘the CSIDC’) at the rates approved by the CSIDC”.

Prosecuting agency should be circumspect in initiating prosecution U/s. 21(2) of the POSCO Act against In-charge/Head of Institution and should allow them sufficient/reasonable time to enquire and report matter

May 12, 2016 1377 Views 0 comment Print

Invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein has filed the instant writ petition seeking quashment of charge-sheet filed against him by jurisdictional police in the criminal court alleging the commission of offence under Section 21 (2) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter called as “P0SCO Act”).

Station House Officer of Police Station can transfer case diary of cognizable offence only after completion of investigation to Police Station having jurisdiction.

April 29, 2016 4470 Views 0 comment Print

Petitioner herein seeks to challenge the transfer of First Information Report (hereinafter referred as “F.I.R.”) No. 0/2015 registered at Police Station Tarbahar, Bilaspur, District Bilaspur (Chhattisgarh) dated 28/06/2015 for offence under Section 498-A of the Indian Penal Code (hereinafter called as “IPC”) by the Superintendent of Police, Bilaspur to the Police Station Alwal, District Secunderabad (Telangana) by its memo. order dated 09/07/2015.

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.

April 29, 2016 2301 Views 0 comment Print

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 power conferred under Section 8(2) of the Hidayatullah National University of Law, Chhattisgarh, Act, 2003 read with Statute 19 of the Statutes contained in the Schedule to the said Act and in view of the amendment to the Statute of the University published on 25-11-2014, extended the tenure of respondent No. 5 – Prof. (Dr.) Sukh Pal Singh as Vice Chancellor of the University for a further period of five years or until he attains the age of seventy years, whichever is earlier.

Mere acquittal in criminal case is not a ground for reinstatement, if termination is outcome of a departmental enquiry

April 18, 2016 1611 Views 0 comment Print

The petitioner would assail the legality and validity of the order passed by the SP, Rajnandgaon on 11.3.2003 dismissing him from service; the appellate order dated 9.6.2003 passed by the IG, Police, Raipur Range and the order dismissing his mercy petition by the DGP, PHQ, Raipur in October, 2003 whereby his appeal and mercy petition were dismissed.

A member of District Consumer Redressal Forum on completion of his/her tenure has no vested right for re-appointment.

April 13, 2016 7293 Views 0 comment Print

Invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein seeks to challenge appointment of respondent No. 3 as a member of District Consumer Redressal Forum, Rajnandgaon.

A Government servant cannot hold two substantive posts at same time

April 13, 2016 3495 Views 0 comment Print

It is settled law that an employee on temporary promotion would continue to hold the lien in his substantive post until it is terminated. He cannot hold two substantive posts at the same time.

Principles of promissory estoppel or legitimate expectaion would not apply to allot shops by Municipality contrary to Rules of allotment

April 12, 2016 972 Views 0 comment Print

1. These Writ Petitions have been preferred challenging the auction notice dated 10.6.2015 issued by the Nagar Panchayat, Bishrampur, as also for a direction to the respondent authorities to consider the petitioners’ cases for allotment of shops in the light of earlier decision taken by the Nagar Panchayat, with further prayer for a direction to […]

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 429 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 8883 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.