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Chhattisgarh High Court

A female Govt servant, who begotten a child by surrogacy is entitled to maternity leave

April 1, 2017 3072 Views 0 comment Print

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 […]

CPC or Limitation Act has no application in writ proceeding or restoration / review / modification in a writ petition.

April 1, 2017 30021 Views 0 comment Print

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 Court.

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.

April 1, 2017 1068 Views 0 comment Print

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 calling in question the legality, validity and correctness of the impugned order dated 15.10.2015 passed by the District Judge, Bilaspur in M.J.C. No. 114/2015 by which learned District Judge/Election Tribunal has dismissed the election petition instituted by the petitioner herein under Section 20 read with Section 22 of the Act of 1961 and declined to the election of respondent herein/Vice-President Office of Nagar Panchayat, Bodri District Bilaspur as null & void.

In absence of motive, evidence of last seen together may not alone be sufficient to convict accused for murder

April 1, 2017 2079 Views 0 comment Print

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.

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

April 1, 2017 7197 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 8307 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 7695 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 1299 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 6306 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 4710 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

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