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High Court Of Chhattisgarh

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RSS IMPORTANT NOTICE
  • Endt No. 10956/checker/2024 Bilaspur, dated 12th July 2024.
  • Order No. 111(Misc.) Bilaspur, dated 11th July 2024.
  • Endt No. 10854/rules/2024 Bilaspur, dated 11th July 2024.
  • Endt No. 10666/rules/2024 Bilaspur, dated 09th July 2024.
  • Following shall be the Roster for the High Court of Chhattisgarh with effect from 10.07.2024 till further orders.
  • Order No. 632/Confdl./2024 Bilaspur, dated 06th July 2024.
  • Order No. 630/Confdl./2024 Bilaspur, dated 05th July 2024.
  • Order No. 626/Confdl./2024 Bilaspur, dated 04th July 2024.
  • Order No. 624/Confdl./2024 Bilaspur, dated 03rd July 2024.
  • Endt. No. 623/Confdl./2024 Bilaspur, dated 02nd July 2024.
  • Order No. 10068/ Bilaspur, dated 01st July 2024.
  • Notice regarding recruitment to the post of AG-III.
  • Endt. No. 618/Confdl./2024 Bilaspur, dated 29th June 2024.
  • Notification No. 9938/Checker Bilaspur, dated 28th June 2024.
  • Endt. No. 617/Confdl./2024 Bilaspur, dated 28th June 2024.
  • Endt. No. 9793/ Bilaspur, dated 26th June 2024.
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  • The High Court while exercising the extraordinary power under Article 226 of the Constitution of India cannot sit as an appellate authority to judge the process of award of contract until and unless it is blatantly illegal, arbitrary, unreasonable and polluted by the malafides.
  • In order to ascertain the identity of land, original field map should be in record, in absence thereof boundaries in a deed shall decide the identity.
  • In quasi criminal proceedings penalty will not ordinarily be imposed unless the party obliged has either acted deliberately in defiance of law or was guilty of conduct contumacious or acted in disregard to obligation.
  • Jurisdiction under Article 227 of the Constitution of India can be invoked if there was no evidence to justify such conclusion.
  • Court shall not ordinarily substitute its interpretation over the interpretation adopted by arbitrator but when the judicial review has been sought for of the award under Section 34 of the Arbitration and Conciliation Act, 1996 the Court is required to objectively examine and shed the ground by reason in the order.
  • 1. The mere fact that the samples were drawn in the presence of a gazetted officer is not sufficient compliance of the mandate of sub- section (2) of Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985.

    2.Non-production of CCTV footage, non-collection of call records (details) and sim details of mobile phones seized from the accused cannot be said to be mere instances of faulty investigation but amount to withholding of best evidence.
  • No conviction can be made out under Section 364A of IPC unless it is proved by the prosecution that abduction was coupled with ransom demand and life threat.
  • Accused cannot be exempted on the ground of mere insanity in special offences under the POCSO Act, 2012. The doctrine to prove exceptions beyond reasonable doubt must sustain.
  • Under Section 68 of the Income Tax Act, 1961, the initial onus is on the assessee to establish Proof of identity of the creditors; Capacity of creditors to advance money; and Genuineness of transaction.
  • The regulations of the University Grants Commission is binding upon the University to which it applies. The executive instructions cannot override the statutory rules.
  • Delay in recording statements of witnesses by the police cannot be fatal unless the investigating officer or witnesses were confronted as to why statements were recorded late.
  • Authority which has been conferred with power under statute alone can pass the order no other person even superior authority can interfere with functioning of statutory authorities.
  • Council under section 94 of the Municipalities Act have power to appoint Anganbadi Worker subject to rules framed by State Government under section 95 of said Act.
  • Oral evidence could be adduced to show that the recitals in a deed were nominal or were not intended to be acted upon.
  • In case of conflict between two decisions of the Apex Court, Benches comprising of equal number of Judges, decision of earlier Bench is binding unless explained by the latter Bench of equal strength, in which case the later decision is binding.
  • Presumption.--Section 27 of the General Clauses Act gives rise to a presumption that service of notice has been effected when it is sent to the correct address by registered post.
  • Limitation.--When specific limitation period is prescribed under the Arbitration and Conciliation Act, 1996 no further extention of time can be provided by the Court to challenge an award.
  • Delay.--Merely because Government is involved, a different yardstick for condonation of delay cannot be laid down.