Latest Chhattisgarh Hc updates from LegalRepublic.in.
Justice Amitendra Kishore Prasad quashed the 2018 dismissal of Y.K. Soloman, who had asked from Central Jail Ambikapur that his departmental enquiry wait until his murder trial ended and was instead recorded as having no defence, but held that his later acquittal on benefit of doubt gave him no automatic right to his job and left the CRPF free to start a fre
Justice Amitendra Kishore Prasad quashed a governing body resolution of the Government Bilasa Girls Post Graduate College that refused to correct the records of a graduate whose marriage had been annulled, holding under Jigya Yadav that an autonomous college cannot treat the absence of a rule as a prohibition when a Family Court decree, a gazette notificatio
Justice Ravindra Kumar Agrawal dismissed the Raipur Municipal Corporation petition under Article 227, holding that a Commercial Court can execute an arbitral award in a commercial dispute of specified value even if no Section 34 challenge was ever pending before it, and that a municipal body enjoys no blanket immunity from execution merely because its funds
Justice Ravindra Kumar Agrawal set aside a ten-year-old conviction under the Prevention of Corruption Act, finding that the complainant had dealt only with another clerk, that the ACB told him whom to name in the complaint, and that an unclear tape recording with no voice identification and no Section 65-B certificate could not prove demand.
Justice Amitendra Kishore Prasad held that a terminal operator drawing incidental benefit from a Special Railway Project does not turn the acquisition private, that Section 20-D gives landowners a hearing and not a veto, and that alignment is for the engineers, not the court.
Justice Narendra Kumar Vyas affirmed the charge under Section 13(1)(e) of the Prevention of Corruption Act against Dr Narayan Prasad Pandey, holding that claims that the properties belonged to relatives or were bought with GPF loans are defences for trial, and that a thirteen-year investigation delay does not quash a charge.
Justice Amitendra Kishore Prasad held that eleven hearing dates do not amount to natural justice if the expenditure material the colleges filed was never actually examined, set aside the refund directions and sent the matter back to the Admission and Fee Regulatory Committee with a three-month timeline.
Justice Amitendra Kishore Prasad declined to pick between rival claimants to the secretaryship of an Ambikapur agriculture college society, and instead ordered the Registrar of Firms and Societies to finish its inquiry and rule, after which the State Bank of India must let the winners operate the account.
Justice Ravindra Kumar Agrawal found that the payments the CBI called cheating were reconciled, adjusted and recovered with penal interest by NTPC itself in 1982-83, that the truck owners who said their vehicles never went to Korba had no personal knowledge, and that nobody from NTPC ever complained.
Justice Amitendra Kishore Prasad held the State could not treat a quashed notification as alive merely because an SLP was pending, but let the appointments stand with a mandatory condition written into every order.
Justice Amitendra Kishore Prasad upheld the removal and next-term disqualification of the President of Nagar Panchayat Bilaigarh, holding that Section 41-A operates independently of an election challenge under Section 20.
Justices Parth Prateem Sahu and Sachin Singh Rajput severed the arbitral award, setting aside pendente lite interest on security deposit guarantees while upholding post-award interest.
Justice Amitendra Kishore Prasad holds that a supplier's liability under the contract is confined to defective packing or manufacturing defect, and that neither was ever found.
The Chhattisgarh High Court has quashed a compensation award in favour of a married daughter substituted after her mother's death, holding she falls outside the Act's definition of dependant.
The High Court of Chhattisgarh held that a self-styled Sharia court's order purporting to dissolve a Muslim woman's marriage has no legal authority and cannot alter her rights.
A Division Bench upheld the quashing of a Commission order directing recovery of Rs 21 lakh from a harvester dealer, holding such directions exceed the Commission's statutory recommendatory functions.
The High Court of Chhattisgarh held that a penalty under Section 20(1) of the RTI Act cannot stand unless deliberate and mala fide intent of the Public Information Officer is firmly established.
A Division Bench of the Chhattisgarh High Court set aside a Single Judge order, holding that eight years of qualifying service for promotion must be computed from the calendar year of joining under Rule 6(2) of the Rules of 2003.
The Chhattisgarh High Court set aside an execution order directing payment of back wages to a retired CISF constable, holding the Executing Court had travelled beyond the decree passed in second appeal.
The Division Bench held that income-tax orders accepting the Rs 60 crore cash source do not immunise the property from PMLA attachment, and that disputed facts must be resolved before the Adjudicating Authority.
Chief Justice Ramesh Sinha modified a Family Court order that cut off maintenance once Raghav Lahre turned 18, holding disability must govern entitlement, not age alone.
A Division Bench of the Chhattisgarh High Court dismissed a writ appeal by a son and daughter-in-law against their eviction from a residential property, holding that an independent title claim cannot bar a Maintenance Tribunal's protective jurisdiction over a 93-year-old senior citizen.
The High Court of Chhattisgarh quashed an FIR and charge-sheet against two Assam residents who reshared a Facebook cartoon about the Chhattisgarh Governor, accepting their unconditional apology and the State's consent for settlement.
