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Chhattisgarh High Court

Distinction between “arrears of land revenue” and “dues recoverable as arrears of land revenue”

December 15, 2015 28938 Views 0 comment Print

Outstanding issue which emanates for consideration is distinction between arrears of land revenue recoverable under Section 139 of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code’) and dues recoverable as arrears of land revenue under Section 155 (c) of the Code.

Exempttion from making provision for reservation in favour of a person with disability

December 15, 2015 645 Views 0 comment Print

In order to be exempted from making provision for reservation in favour of a person with disability, notification in the Official Gazette has to be duly published by the appropriate Government.

Principles of constructive res judicata is also applicable in writ proceedings

December 15, 2015 7359 Views 0 comment Print

(1) The petitioner herein (Abhay Kumar Kapre) had filed Writ Petition No. 5308/2014 before this Court claiming quashment of advertisement dated 5.9.2014 (Annexure P-1) so far as it relates to relaxation of age in Clause 4(ii) & Clause 4(xi) and claiming age relaxation. This writ petition was disposed of by this Court by order dated 9.9.2015 […]

Appointment of lawyer as Government Advocate is professional engagement by State Government and Additional Public Prosecutor/AGP doesn’t hold “civil post”.

December 12, 2015 10308 Views 0 comment Print

It seems to us that it would be an incorrect approach to start this process by considering the re-appointment or renewal of existing Government Counsels since that would dilute, nay, dissolve the discretion of the Government to appoint advocates whom they find trustworthy.

Public Service examination and result published cannot be set aside lightly, it should attain finality.

December 11, 2015 3009 Views 0 comment Print

Likewise, in the matter of Shankara Cooperative Housing Society Limited v. M. Prabhakar and others, the Supreme Court has held that delay and laches is one of the factors that requires to be borne in mind by the High Courts when they exercise their discretionary power under Article 226 of the Constitution of India.

Writ of quo-warranto cannot be issued, if appointment is temporary

December 11, 2015 4494 Views 0 comment Print

The High Court in a quo warranto proceeding should be slow to pronounce upon the matter unless there is a clear infringement of the law.

Teacher of fully aided school eligible for Gratuity

December 11, 2015 5949 Views 1 comment Print

Chhattisgarh High Court held that Teacher of fully aided school is an employee within the meaning of Section 2(e) of Payment of Gratuity Act, 1972 and entitled for gratuity.

Entitlement for selection on the post of District Judge (Entry Level)

December 10, 2015 2547 Views 0 comment Print

Accordingly, it is held that respondent No. 1 High Court of Chhattisgarh is absolutely justified in holding respondent No. 2 to be eligible for the purpose of recruitment to the post of District Judge (Entry Level) and rightly selected / appointed him on the said post {District Judge (Entry Level)} as a member of Higher Judicial Service.

Writ of quo warranto lies only when appointment is contrary to statutory provisions

December 10, 2015 2622 Views 0 comment Print

Seeking issuance of a writ of quo warranto directing 5th respondent Sanjay Kumar Patil to show cause under what authority he continues to hold the Office of Vice Chancellor, Indira Gandhi Krishi Vishwa Vidyalaya, Raipur, Ashish Kumar Sharma – the petitioner herein, has filed this writ petition.

Labour Officer under Chhattisgarh Industrial Relations Act, 1960 has no jurisdiction to adjudicate rights of employee U/s. 30 (6) (b) of Act

December 9, 2015 1434 Views 0 comment Print

A conjoint reading of Sections 13, 15 and 17 of the Chhattisgarh Industrial Employment (Standing Orders) Act, 1961 makes it amply clear that the powers of Inspectors under the said Act are not adjudicatory and the Inspectors are not authorized to undertake the exercise of adjudication of the disputes, particularly the disputes regarding application and interpretation of the Standing Orders

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