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Chhattisgarh High Court

Writ petition against SCN is maintainable, if issued with premeditation

December 17, 2015 1653 Views 0 comment Print

It is made clear that this Court has not expressed any opinion on the merit of the case. However, respondent-N.T.P.C. is at liberty to proceed further in accordance with law without being prejudiced by any of the opinion/observation made herein above.

Payment of interest on amount of gratuity is statutory compulsion

December 16, 2015 74760 Views 6 comments Print

Failure of petitioner to make payment of amount of gratuity within 30 days from date it becomes payable to employee, sub-section (3A) of Section 7 of the Act of 1972 is squarely attracted and payment of interest being statutory and mandatory in nature and thereby petitioner is liable to make payment of interest on the said amount

Function of Registrar U/s. 55 (1) of C.G. Co-operative Societies Act, 1960 is legislative

December 15, 2015 3387 Views 0 comment Print

Excellent question that emanates for consideration is nature of Rule making function exercised by the Registrar under Section 55(1) of the Act of 1960 whether it is legislative or administrative in nature and scope of interference by this Court in that function.

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

December 15, 2015 29106 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 675 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 7410 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 10449 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 3042 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 4587 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 6015 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.

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