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High Court Of Chhattisgarh

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RSS LATEST NOTICE
  • Endt No. 3401/Checker, Bilaspur dated 19th February 2025.
  • Supplementary Constitution of Benches at High Court of Chhattisgarh, Bilaspur W.E.F. 21/02/2025.
  • Endt No. 2949/Checker Bilaspur, dated 13th February 2025.
  • In compliance of the Notification No. 2122/S&A Cell/2025 dated 31/01/2025 List of Eligible Officers for consideration of their Promotion to the post of Civil Judge (Senior Division) for the year- 2025.
  • Order No. 74/Confdl. Bilaspur, dated 12th February 2025.
  • Notice No. 76 (Mis.) Bilaspur, dated 10th February 2025.
  • Order No. 60/Confdl., Bilaspur dated 07th February 2025.
  • Notification No. 55/Confdl., Bilaspur dated 07th February 2025.
  • Endt No. 2254 Bilaspur, dated 05th February 2025. (regarding allotment of H-type government residential house)
  • Notification No. 61/Mis., Bilaspur dated 05th February 2025.
  • Notification No. 60/Mis., Bilaspur dated 05th February 2025.
  • Order No. 53/Confdl., Bilaspur dated 05th February 2025.
  • Notification No. 51/Confdl., Bilaspur dated 05th February 2025.
  • Order No. 09/(App.) Bilaspur, dated 05th February 2025.(Appointment order Legal Assistant)
  • Endt No. 2515/Checker, Bilaspur dated 05th February 2025.
  • Endt No. 2477/Checker, Bilaspur dated 05th February 2025.
  • Notice No. 2409/SCDSA/2025, Bilaspur dated 04th February 2025. (Regarding Senior Advocate)
  • Supplementary Constitution of Benches at High Court of Chhattisgarh, Bilaspur W.E.F. 05/02/2025.
  • Notification No. 2376/R.(J.)/2025 Bilaspur, dated 03rd February 2025.
  • Regarding Pre-sitting meeting of upcoming National Lok Adalat on 8th March 2025.
  • Notification No. 2142/Checker Bilaspur, dated 31th January 2025.
  • Endt No. 2141/Checker Bilaspur, dated 31th January 2025.
IMPORTANT NOTICE
  • Circular No. 17327 Bilaspur, dated 23rd October 2024.
  • Circular No. 181 Bilaspur, dated 17th October 2024.
  • Circular No. 123/D.E. Bilaspur, dated 17th October 2024.
  • Order No 135 Bilaspur, dated 21th August 2024.
  • Circular No. 609/confdl./2024 Bilaspur,dated 24rd June 2024.
LATEST A F R  RSS LOGO
  • When considering the evidence of a victim subjected to a sexual offence, the Court does not necessarily demand an almost accurate account of the incident. Instead, the emphasis is on allowing the victim to provide her version based on her recollection of events, to the extent reasonably possible for her to recollect.
  • If the totality of the circumstances appearing on the record of the case discloses that the prosecutrix does not have a strong motive to falsely involve the person charged, the Court should ordinarily have no hesitation in accepting her evidence.
  • A conspiracy is always hatched in secrecy and it may be difficult to adduce direct evidence of the same and the prosecution will often rely on evidence of acts of various parties to infer that they were done in reference to their common intention. The conspiracy can be undoubtedly proved by such evidence direct or circumstantial.
  • The minimum qualification of B.Ed fixed by the NCTE under the National Council for Teacher Education (Determination of Minimum Qualification for Persons to be recruited as an Education Teacher and Physical Education Teacher in Pre-primary, Primary, Upper primary, Secondary, Senior secondary or Intermediate schools or Colleges) Regulations, 2014 for recruitment of Teacher (Agriculture) in Higher Secondary Schools, is prevailing over the Chhattisgarh School Education Service (Educational and Administrative Cadre) Rules, 2019 and the State Government cannot dilute the said requisite qualification of B.Ed for recruitment on the said post.
  • The non-compliance of Rule 10 and 11 of the NDPS Rules/Standing Order No. 1/89 issued by the Central Government and delay or deviation from Section 52-A of the NDPS Act, will not by itself fatal to the case of prosecution if recovery and seizure of the contraband from the possession of the accused is clearly established from other evidence in its cumulative effect.
  • If the Rules made for general good, causes hardship to an individual, the same could not be a ground for striking down the said Rules.
  • The statutory authority is entitled to frame the statutory rules laying down the terms and conditions of service as also the qualifications essential for holding a particular post.
  • The confession given by one accused is not substantial evidence against the other accused and can be used against the other accused only when other evidence is available against the other accused and the Court feels that the confession of crime should be used to support the other evidence, only then the confession of crime can be used against the other accused.
  • Once a dying declaration is found to be authentic inspiring confidence of the Court, then the same can be relied upon and can be the sole basis for conviction without any corroboration.
  • In case of serious doubt as to whether victim / deceased was in fit state of mind to make dying declaration and in absence of certificate of doctor, it would be unsafe to convict an accused on the basis of dying declaration for offence under Section 302 of the IPC.
  • Application filed under Order 7 Rule 14 CPC should be allowed if application indicates exceptional circumstances as it is not a hollow formality.
  • Three ingredients are requires for the offence of Section 364-A I.P.C., one is kidnapping or abduction, second is threat of death coupled with the demand of money and thirdly when the demand is not made, then causing death or hurt and if all these three ingredients are available that will constitute the offence under Section 364-A of I.P.C. and in absence of any one of the mandatory conditions the accused cannot be convicted.
  • Holder of an office ‘under pleasure of the Government’ could be removed at any time without notice, without assigning cause and without there being a need for any cause.
  • In cases of homicidal death, if both intent and knowledge are present, the offence would fall under Section 304 Part-I of the IPC, however, if the act is committed with knowledge but without the intent to cause death or bodily injury likely to result in death, it would be classified under Section 304 Part-II of IPC.
  • Retrospective seniority cannot be given to an employee from a date when he was not even borne in the cadre, nor can seniority be given with retrospective effect as that might adversely affect others.
  • While considering the mixture of narcotic drugs or psychotropic substance for the purpose of determining whether it would constitute “small quantity or commercial quantity”, not only the quantity of ‘offending drug’ but the quantity of ‘neutral substance’ mixed should also be taken into consideration.
  • The Evidence of a child witness is not required to be rejected per se, but the court as a rule of prudence considers such evidence with close scrutiny and only on being convinced about the quality thereof and reliability can record conviction, based thereon.
  • The conviction can be based on testimony of the victim, who is a minor, supported by other corroborative piece of evidence led by the prosecution.
  • Ordinarily the Court should not interfere with the invocation or encashment of a Bank guarantee so long as the invocation is in terms of the Bank guarantee.
  • Delay, laches and acquiescence is an important factor which has to be borne in mind while deciding a claim especially when the claim is sought to be made applicable with retrospective effect.
  • The power to remit a sentence considering gravity and nature of offence is discretionary, but must stand the scrutiny of Article 14 and 21 of the Constitution of India.
  • A person shall have no locus standi to file a writ petition if he is not personally affected by any order/action or his fundamental rights invaded or violated.
  • A rape victim's prayer for termination of pregnancy can be allowed because such pregnancy causes grave injury to the mental health of the pregnant woman, as she cannot be compelled to give birth to a child of rapist.
  • Capital punishment can only be awarded in very exceptional and rarest of the rare cases, which is lacking in present case, accordingly, death sentence awarded to the appellant is commuted to imprisonment for life by directing that the life sentence must extend to the imprisonment for remainder of natural life of the appellant.
  • Ombudsman under the ‘MGNREG Act’ is amenable to RTI Act,2005.
  • Procedural defects and irregularities which are curable should not be allowed to defeat substantive rights or to cause injustice.
  • Arbitral Tribunal is the master of evidence and the findings of fact which are arrived at by the arbitrators on the basis of evidence on record are not to be scrutinized, as if the Court was sitting in appeal.
  • The Rules cannot be declared ultra vires unless and until it is shown that there is manifest arbitrariness and it takes away any fundamental right enumerated in the Constitution of India. No enactment can be struck down by just saying that it is arbitrary or unreasonable.
        Chances of promotion can not be claimed as a right, only consideration for promotion without discrimination may be claimed as a legal right.