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Chhattisgarh High Court

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 2727 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 2040 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 7722 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 5124 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 1335 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 714 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 10500 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.

Agreement providing for arbitaration by the CG Arbitaration Tribunal. Section 9 and 11(6) of the Arbitration and Conciliation Act, 1996 would not apply

March 22, 2016 1386 Views 0 comment Print

The present batch of arbitration matters have been preferred by the contractors assailing the order passed by the District Judge refusing to entertain the application under Section 9 of the Arbitration and Conciliation Act, 1996 (‘the 1996 Act’ in short) or for appointment of arbitrator under Section 11 (6) of the 1996 Act.

Cadre post of Labour Commissioner to be filled by cadre officer (member of IAS), cannot be filled by member of IFS.

March 18, 2016 765 Views 0 comment Print

Claiming a writ in the nature of quo warranto, Shri Santosh Sahu, the petitioner herein, has filed this writ petition under Article 226 of the Constitution of India stating inter alia that the appointment of respondent No. 3 Shri Jiten Kumar as Labour Commissioner is contrary to the statutory provisions, and for his consequent removal from the post of Labour Commissioner, Government of Chhattisgarh, Raipur.

National Coal Wage Agreement (NCWA) has a force of law; terms of NCWA should be fair and reasonable and should not be opposed to law

March 15, 2016 11658 Views 0 comment Print

The brilliant question of law that has cropped up for consideration in this petition is whether exclusion of married daughter of the deceased SECL servant for being considered for dependent employment under the terms of National Coal Wage Agreement -VI (henceforth ‘NCWA-VI”) read with National Coal Wage Agreement-IX (henceforth ‘NCWA-IX”) is just, fair and reasonable ?

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