Chhattisgarh High Court AFR Judgments

December 2020

Date of Judgement : 14.12.2020

• FIR cannot be registered for commission of offence punishable under Section 56 of the Disaster Management Act, 2005.

Date of Judgement : 11.12.2020

• Vehicle seized for commission of offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985; interim custody can be granted under Section 451 / 457 of the Code of Criminal Procedure, 1973.

Date of Judgement : 01.12.2020

• The Condition for grant of bail should not be stringent, as it would violate the accused right of personal liberty under Article 21 of the Constitution of India.

November 2020

Date of Judgement : 23.11.2020

• FIR for offence punishable under Section 498-A of the IPC can be filed in the Police Station where the complainant resides with her parents after leaving her matrimonial home.
• 1. Accused charged under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 has an indefeasible right under Section 13(2) of the Act of 1954 to get the sample reanalysed from the Central Food Laboratory as the report from the Central Food Laboratory would prevail over the report of the Public Analyst by virtue of Section 13(3) of the Act of 1954.
  2. Access to justice is a part and parcel of right to life covered by Article 21 of the Constitution of India.
• Cognizance of offences by Jurisdictional Magistrate under Sections 153-A and 153-B of IPC cannot be taken without previous sanction of the competent authority under Sections 196(1)(a) and 196(1-A)(a) of CrPC.

Date of Judgement : 19.11.2020

• Section 14 of the Limitation Act, 1963 is not applicable to crminal proceedings.

October 2020

Date of Judgement : 28.10.2020

• When equal opportunity in public employment is denied to a class it has to be substantiated by proper data and circumstances.

Date of Judgement : 27.10.2020

• Special Court constituted under Section 14 of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has power and jurisdiction to invoke provisions contained in Section 156(3) of the CrPC and direct for registration of FIR and investigation.

Date of Judgement : 16.10.2020

• Pension can not be withheld for indefinite period contrary to Section 9 (4) of C.G. Civil Service (Pension) Rules, 1976.

September 2020

Date of Judgement : 14.09.2020

• The power of review is not an inherent power. It needs to be conferred by the statute by express or specific provision. In absence of such power any order of review becomes without jurisdiction.

Date of Judgement : 14.09.2020

• Under the National Highways Act, once when an award has been passed, the concern Authority does not have the power to review his award under any circumstances.

August 2020

Date of Judgement : 31.08.2020

• Regulation 2013 does not exclude Dearness Allowance from the term Pay for the purpose of calculating gratuity.
• For the officers retiring from the C.G. Rajya Gramin Bank gratuity amount payable shall be Basic Pay and Dearness Allowance.

Date of Judgement : 20.08.2020

• It is incumbent upon the Sub Divisional Officer in the course of deciding a matter regarding removal of office bearers of the panchayat under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam to also prescribe the consequence of the order, as is required in the later part of Sub-section 2 of Section 40 of the Adhiniyam.
• The proceedings under Section 40(1) of the Adhiniyam cannot be left unattended without consequential order if the office bearer against whom the proceedings has been drawn is found guilty of the charges levelled against him.
• Procedure prescribed u/S 82 CrPC not followed before declaring an accused absconder. Such accused is not disentitled for availing benefit of anticipatory bail u/S 438 CrPC.

Date of Judgement : 18.08.2020

• Rape victim is entitled for compensation under Section 357A of the CrPC read with Section 33(8) of the POCSO Act.

Date of Judgement : 13.08.2020

• Opportunity when denied in employment, has to pass the reasonablity and fair decision making process.

July 2020

Date of Judgement : 17.07.2020

• The Municipal Corporation, the Municipal Council or the Nagar Panchayat do not have the power and authority to levy terminal tax on a higher rate than the rates prescribed in the Rules of 1996 framed by the State Government. Variation in the rate of tax can be made only by the State Government in the teeth of the Rules of 1996.
• The Municipal Corporation or the Municipal Council may have legislative functions, but these local bodies cannot undermine or supersede the Rules framed exercising the statutory legislative functions by the State Government by way of administrative instructions, orders or resolutions.

Date of Judgement : 15.07.2020

• Approver who has been granted pardon under Section 306(1) of the CrPC can be released on bail in exercise of inherent jurisdiction under Section 482 of the CrPC.

Date of Judgement : 14.07.2020

• Cognizance of the offence under Section 188 of the IPC cannot be taken on the basis of police report.

June 2020

Date of Judgement : 26.06.2020

• There is a clear distinction between the term "Resignation" and "Voluntary Retirement". The reasons in the application for voluntary retirement cannot be construed by the management of it being an application for resignation from service. The management/employer cannot give its own interpretation to an application for voluntary retirement by treating to be an application for resignation. The consequence and effect of the two terminology i.e. "Resignation" and "Voluntary Retirement" are entirely different and it has far-reaching effects also.

March 2020

Date of Judgement : 19.03.2020

• (i) The enquiry officer is required to give finding on evidence on the basis of which the charges were levelled and proved.
  (ii) The enquiry officer is a quasi judicial authority and is not supposed to be a representative of the department/disciplinary authority/Government.

Date of Judgement : 18.03.2020

• Election of each of the returned candidates has to be challenged by filing of a separate election petition.

Date of Judgement : 12.03.2020

• The plaintiff cannot claim adverse possession on a Government land reserved for public utility such as road/hospital.

Date of Judgement : 06.03.2020

• (i) The State would be employer within the definition of Payment of Gratuity Act, 1972 for the teachers/employees of aided educational institutions.
  (ii) There Cannot be unjustified classification between the two classes of teachers/employees for payment of gratuity before or after the cut-off date i.e., 01.04.2013, for whom, grant-in-aid is received by Institutions.

February 2020

Date of Judgement : 14.02.2020

• FCI being a body corporate is legal entity. It has neither living mind nor voice. So it can only act through resolution to transfer a land.

Date of Judgement : 07.02.2020

• Ordinance not placed before the House of State Assembly within time loses its significance.

Date of Judgement : 06.02.2020

• SARFESI ACT 2002
  * The said act shall not apply to creation of any security in any aircraft.
  * Non-compliance of the statutory compliance as required under Section 3-A of the Act and 3-A of the Rules will vitiate all subsequent proceedings.

Date of Judgement : 04.02.2020

• To ascertain whether for the vast land, the possession of the land is taken or not, a pragmatic approach has to be adopted and conduct of the parties would be relevant.
• 1) Omnibus statement of fraud on WILL, will not be sufficient in absence of specific particular as required under Order 6 Rule 4 of C.P.C.
  2) Court would not return a finding of proof of WILL on assumed suspicion or supposition.
  

January 2020

Date of Judgement : 30.01.2020

• 1) Furnishing of undertaking for recovery in service cannot be made an omnibus consent as ratio decidendi of facts and law would decide the course.
  2) Recovery made after retirement from Government Servent otherwise with threat to stop pension, would demonstrate unequality of bargain power.
• Death sentence awarded to accused for committing rape and murder of 5 1/2 years old girl is confirmed.
• In view of Section 30 of the Evidence Act, self inculpatory memorandum statement of co-accused can be read in evidence if there are other corroborative evidence against the accused.
• Prospective accused has no right of hearing before registration of FIR and investigation by the police officer or before the Court including the writ Court, therefore, in a writ petition seeking direction for registration of FIR and investigation into a cognizable offence, the prospective accused is neither necessary nor a proper party.
• CBI Investigation directed for alleged misappropriation and siphoning of more than Rs.1,000/- (Rupees One Thousand Crores) in State Resource Centre (SRC) and the Physical Referral Rehabilitation Centre (for brevity 'the PRRC') of the State Government for the last about 10 years.

Date of Judgement : 13.01.2020

• While deciding the representation against the transfer of employees/officers, the grounds raised therein are required to be considered.

Date of Judgement : 10.01.2020

• To maintain an election petition, petitioner should be either an elector or valid candidate under the Representation of Peoples Act, 1951.

Date of Judgement : 07.01.2020

• Exercise of discretion for allowing the sentence to run concurrently, where the accused is convicted at one trial of two or more offences, should ordinarily be to the benefit of the prisoner in cases where the prosecution is based on a single transaction.