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High Court Of Chhattisgarh

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  • Endt No. 8788 Bilaspur, dated 11th June 2024.
  • Notification No. 534/Confdl/2024 Bilaspur, dated 11th June 2024.
  • Endt No. 524/Confdl./2024 Bilaspur, dated 10th June 2024.
  • Notice regarding Special Lok Adalat to be held in Hon’ble Supreme Court of India from 29.07.2024 to 03.08.2024.
  • Following shall be the Modified Roster for the High Court of Chhattisgarh with effect from 10.06.2024
  • Regarding Pre-sitting meeting of National Lok Adalat on 13th July 2024.
  • Endt No. 8440/Rules/2024 Bilaspur, dated 27th May 2024.
  • Endt No. 8381/Checker/2024 Bilaspur, dated 25th May 2024.
  • Re-Notification No. 8215/S & A Cell/2024 Bilaspur, dated 21st May 2024.
  • In the continuation of Notification No. 7345/R(J.)/2024, Bilaspur, dated 07/05/2024, the subsequent bail applications (MCRCA U/s. 438 of Cr.P.C. & MCRC U/s. 439 of Cr.P.C.) for final hearing shall not be listed during Summer Vacation 2024 w.e.f. 21/05/2024.
  • Notification No.7607/Checker/2024 Bilaspur, dated 10th May 2024.
  • Notification No.7605/Checker/2024 Bilaspur, dated 10th May 2024.
  • Corrigendum (Order No. 452/Confdl./2024 Bilaspur, dated 09th MAY 2024.)
  • Notification No. 473/Confdl./2024 Bilaspur, dated 10th May 2024.
  • Notification No. 471/Confdl./2024 Bilaspur, dated 10th May 2024.
  • There shall be Swearing-in ceremony of Hon'ble Mr. Justice Sachin Singh Rajput, as Additional Judge, Hon'ble Mr. Justice Rakesh Mohan Pandey, as Judge and Hon'ble Mr. Justice Radhakishan Agrawal, as Additional Judge of Chhattisgarh High Court on 10th May 2024 at 04:00 p.m. in the Chief Justice’s Court.
  • Admit card for phase-II skill test for recruitment to the post of Data Entry Operator to be held on 17th May 2024.

  • Endt. No. 7559/Checker Bilaspur, dated 09th May 2024.
  • Order No. 457/Confdl./2024 Bilaspur, dated 08th MAY 2024.
  • Order No. 455/Confdl./2024 Bilaspur, dated 08th MAY 2024.
  • Order No. 452/Confdl./2024 Bilaspur, dated 08th MAY 2024.
  • List of Eligible Judicial Officers for consideration of their Promotion as District Judge (Entry Level) for the year 2023 under Rule 5(1)(a).
  • Notification No. 7345 Bilaspur, dated 07th May 2024 (Regarding sitting and filing during Summer Vacation).
  • Following shall be the Roster for the High Court of Chhattisgarh with effect from 10.06.2024.
  • Notice regarding infructuous cases.
  • Memorandum No.7267/(Vig.)/2024 Bilaspur, dated 04th May, 2024.
  • Information regarding Phase-II Skill Test held on 17/05/2024 for recruitment to the post of Data Entry Operator.
  • 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.
  • When Statute provide harsh mejeure which if implemented may result into financial death of employee then word ‘may’ used in statute should be read as ‘shall’ as invocation of such power may have devastating effect on service career of employee.
  • In absence of order of joint enquiry passed under Rule 18 of Chhattisgarh Civil Services (Classification, Control and Appeal) Rules 1996 by competent authority the Joint Enquiry against the delinquent employee will get vitiated.
  • There is a presumption in favour of constitutionality or validity of a subordinate legislation and the burden is upon him who attacks it to show that it is invalid.
  • The rate of putrefaction of the body in water is more reliable than that of a body exposed in the air for the reason that temperature of water is more uniform and body is protected from air as long as it is submerged in the water.
  • The custody under Section 27 of the Evidence Act is not only restricted to formal custody and it includes any kind of restriction restrain and even surveillance by the police.
  • In cases of the circumstantial evidence the Courts are called upon to make inferences from the available evidence, which may lead to guilt of accused.
  • A writ of habeas corpus is not to be issued as a matter of course and clear grounds must be made out for issuance of a writ of habeas corpus.
  • The service of notice is not mere formality and it should be real and meaningful so that the other party may be represented appropriately before the Court.
  • Live in relationship which is followed in certain sect of the society still continues as a stigma in the Indian culture as live in relationship is an imported philosophy contrary to the general expectations of Indian Tenets.
  • The provisions of personal law cannot be invoked before any court of law until and unless the same is pleaded and proved as custom.
  • It is very easy for the married man to walk out of the live in relationship and in such case the court cannot shut their eyes to the vulnerable condition of the survivor of such distressful live in relationship and children born out of such relationship.
  • In absence of proof of other circumstances the only circumstance of last seen together and absence of satisfactory explanation, cannot be made basis of conviction.
  • If a mortgaged property is sold by the Bank for repayment of the loan and later if it is revealed that the said property is disputed one, the authority sanctioning the loan cannot be held guilty as he is protected under Section 32 of the SARFAESI Act.
  • The entries in revenue record does not confer any title to the person.
  • Adverse inference can be drawn if the party in possession of best evidence, which throws light on issue, is withholding it to be produced in the court.
  • If the offence of murder is reduced into culpable homicide, the mode of resentment must bear a reasonable relationship to the provocation.
  • If a person, who made a statement in expectation of death, did not die, the statement cannot be treated as dying declaration u/s 32 of the Evidence Act, but the same may be treated as a former statement of a witness to corroborate later testimony of same fact under Section 157 of the Evidence Act.
  • In a relation between husband and wife mainly floats on reciprocal belief and if extreme act took place in house whereby couple lose their child due to deliberate act of one spouse idea of reforms dies.
  • No person can be charged with liability on the basis of mere entries and proof is needed as to whether the entries produced are the original entries or copies u/s 4 of the Bankers’ Books Evidence Act, 1891.
  • The RERA will cover ongoing projects, which commenced prior to Act in respect of which completion certificate has not been issued.
  • It is not expected that entire consideration of construction even if paid and construction is not raised, the allottee would remain dormant spectator sitting on the fence and would be in hope to stich up a rainbow castle
  • The revenue officer / Tahsildar is entitled for protection for passing an order in capacity of Revenue Court by provisions contained in Sections 2 and 3 of the Judges (Protection) Act, 1985.
  • When there is similar or identical evidence of eyewitnesses against two accused by ascribing them the same or similar role, the Court cannot convict one accused and acquit the other.
  • Last seen together theory only comes into play when the time gap between last seen alive and the recovery of dead body must be so small that the possibility of any person other than the accused being the author of the crime becomes impossible.
  • Fixation of tender conditions and its interpretation is entirely within the purview of the authority issuing the tender and the Courts have a very little scope for interference as it lacks experties to deal with the technical issues.
  • The testimony of the prosecutrix must be appreciated in the background of the entire case and the trial Court must be alive to its responsibility and be sensitive while dealing with cases involving sexual molestations.
  • Principle of audi alteram partem is designed to afford an individual right to a fair hearing which means granting real and meaningful opportunity wherein adequate time must given to individual to prepare and present the defence.
  • Where a statutory authority dehors the jurisdiction or when they are in breach of principles of natural justice, the party would be entitled to invoke the jurisdiction of the High Court under Article 226 of the Constitution despite avilability of alternate remedy.
  • Litigant who prefers allegation of fraud or other improper conduct must place on record precise and specific details of those charges.
  • That a registered deed of sale carries presumption that the transaction was a genuine one. If execution of such sale deed is proved, onus is on defendant to prove that the deed was not executed and it was a sham transaction.
  • The State is empowered to frame rules with regard to service conditions of its employees and legislation may be declared ultra vires if it is enacted beyond the legislative competence is ultra vires to the Constitution or manifestly arbitrary. There is a presumption of validity of statute.
  • 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.
  • DNA report and FSL report play an important role for examining the involvement of a accused in a crime. Court must recognize the conclusiveness and correctness of DNA testing while adjudicating the crimes.
  • In case the accused fails to explain or establish the facts of case within his personal knowledge an adverse inference can be drawn against him under the garb of Section 106 of the Indian Evidence Act.
  • Victim of rape being an injured witness is exclusively considered as a ‘sterling witness’.
  • Reservation Policy for SC and ST in Promotion can be framed only on the basis of yardstick fixed for collecting quantifiable data by the Hon’ble Supreme Court in various authoritative pronouncements and also based on the provisions contained in Article 16(4A) and (4B) of the Constitution of India.
  • 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.
    • A clause of any notification cannot be declared as ultra vires merely because it is not beneficial to a party or an individual, furthermore, when it is to by-pass a remedy available to it under the law.