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Chhattisgarh High Court

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

January 2, 2017 1137 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.

Provide reservation to disabled persons on cadre post of State Administrative Service: HC

January 2, 2017 1557 Views 0 comment Print

Direction issued to State and PSC for consideration /providing reservation to persons with disabilities on cadre post of State Administrative Service. 1. The petitioner is a visually handicapped/differently abled person who suffers from 100% blindness. He appeared in the Civil Services Examination conducted by the Chhattisgarh Public Service Commission for which advertisement was issued on […]

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

December 23, 2016 8829 Views 0 comment Print

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.

Presence of percentage of narcotic drug or psychotropic substance in composition of medicine can-not be calculated separately

December 9, 2016 2442 Views 0 comment Print

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 113 of 2016 registered at Police Station- Kusmunda, District Korba (C.G.) for the offence punishable under Section 22 of NDPS Act.

Remedy available under Consumer Protection Act, 1986 is additional remedy

December 9, 2016 10821 Views 0 comment Print

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.

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

December 7, 2016 25581 Views 0 comment Print

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.

In a writ of quo warranto, suitability of public officer cannot be gone into

December 1, 2016 3783 Views 0 comment Print

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).

Medical evidence is only an opinion, therefore, not conclusive

November 29, 2016 5028 Views 0 comment Print

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.

Object of parole is to rehabilitate the convicted prisoner

November 18, 2016 6546 Views 0 comment Print

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.

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

November 11, 2016 7296 Views 0 comment Print

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 arbitration finding prima facie valid arbitration agreement existed between the parties and the dispute to be capable of settlement by arbitration, these two revision petitions have been preferred under Section 115 of the Code of Civil Procedure, 1908, one by the plaintiff and another by defendant No. 1 Bank stating the impugned order to be unsustainable in law. [Parties will hereinafter be referred as per their status shown in the suit before the trial Court.]

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