Chhattisgarh High Court AFR Judgments

December 2013

Date of Judgement : 20.12.2013

• Central Government is the final authority for deciding allocation of employee. Application for mutual allocation cannot be moved twice.



Date of Judgement : 12.12.2013

• Supperssion of material information itself involves moral turpitude. A person cannot claim benefit of his wrong doing.
• Section 391 of Cr.P.C. is akin to Order 41 Rule 27 of CPC to ensure justice, if found certain evidence is necessary for adjudication.

Date of Judgement : 05.12.2013

• Reasoned order under Section 319 of Cr.P.C. for proceeding against the person not being an accused is necessary.


• The Court decided to proceed against the person for impleading him as accused under Section 319 Cr.P.C. is required to issue process for his appearance.


• Issuance of show-cause notice for proceedings against the person under Section 319 Cr.P.C is not in consonance with the scheme of law.

November 2013

Date of Judgement : 29.11.2013

• For achieving the requirement u/s 4 of Forest Act specific Khasra No. of land is not required but general identification of boundaries is sufficient.

Date of Judgement : 28.11.2013

• The person in-charge of Electricity Department can institute prosecution under Section 50 of the Electricity Act, 1910.
• Before imposition of minor penalty upon the employee concerned, compliance of Rule 16 of the CCA Rules is mandatory.
• S.41 T.P. Act-Ostensible person should have bonafide belief of power to sell and purchaser must ascertain that seller has right to sell the property.

Date of Judgement : 27.11.2013

• Resolution by a bar association not to defend any accused by counsel is void and illegal.
• Under CCA Rule 19(i), employee who has been convicted on the charge of corruption no notice of personal hearing before dismissal is necessary.

Date of Judgement : 26.11.2013

• Gharkhata beedi worker is entitled to gratuity as an employee, defined under Section 2(e) of the Payment of Gratuity Act, 1972.
• The dying declaration is not required to be signed by maker if other conditions are satisfied.
• Asphyxia due to suffocation- Mode of suffocation not established. Attaining circumstances not of conclusive nature and tendency- The death cannot be held to be homicidal.
• Caste Scrutiny Committee is an Administrative Body. Writ Appeal is maintainable against the order of single Judge confirming/setting-aside the order passed by the Committee.

Date of Judgement : 22.11.2013

• Offence punishable under Section 89 of the Finance Act, 1994 is cognizable, non-bailable and triable by Judicial Magistrate.
• Public Prosecutor appointed under CrPC cannot represent the accused of any offence in a criminal proceeding.

Date of Judgement : 21.11.2013

• Sections 6(2) and 6(3) of the Chhattisgarh Agriculture Cattle Preservation Act are valid.

Date of Judgement : 20.11.2013

• Criminal proceeding on the basis of investigation by officer not competent is sustainable in absence of prejudice caused to accused.

Date of Judgement : 13.11.2013

• Income Tax on a MACT Award can be deducted only if the Interest amount as awarded by the Tribunal to a claimant exceeds Rs.50,000/-.

Date of Judgement : 12.11.2013

• Recommendation for promotion by an incompetent DPC is void, therefore, such promotion can be cancelled without affording opportunity of hearing.
• The Court must take into account the conduct of parties, bonafide reasons for condonation of delay. Delay cannot be condoned as matter of right in a routine manner.

Date of Judgement : 01.11.2013

• An order which is in the nature of consent order cannot be reviewed or recalled.

October 2013

Date of Judgement : 30.10.2013

• Absence of an employee from duty cannot be treated as 'dies non', without holding regular enquiry.
• Rent Controlling Authority also while deciding a matter is duty bound to pass a speaking order determining all the issues that are involved in case.

Date of Judgement : 25.10.2013

• Candidates appearing in common recruitment test/counseling, though in different departments deserve to be treated alike for determining eligibility.

Date of Judgement : 24.10.2013

• Even after reinstatement, payment of back wages still remains discretionary; order for payment of back wages depends on various factors.

Date of Judgement : 23.10.2013

• Where no cut off date fixed for acquiring eligibility requirement, same shall be applied by reference to last date of submission of application form.

Date of Judgement : 22.10.2013

• Proceeding under Sections 107, 116 CrPC has bearing on character; person facing such proceeding is not fit for appointment as Kotwar.
• Probationer Constable found unsuitable for confirmation can be discharged under Reg. 59 of Police Regulations without giving opportunity of hearing.

Date of Judgement : 17.10.2013

• Amongst equally meritorious candidates, near relative of Ex. Kotwar is entitled for preference in appointment of Kotwar under the relevant rules.
• The entire appeal would abate as a whole due to death of one of the holders of a joint and indivisible decree.

Date of Judgement : 09.10.2013

• The First Appellate Court u/O.43 R.1(r) will not interfere with the discretion by granting or refusing a temporary injunction unless it is exercised arbitrarily or perversely.
• Exclusion of jurisdiction of a Court has to be strictly construed - Specific bar of jurisdiction of Civil Court, under a statute, Civil Suit challenging termination untenable.

Date of Judgement : 08.10.2013

• Employee of one Janpad Panchayat can be tranferred to another, however, power of transfer should be exercised sparingly and not in a routine manner.
• Once defense is taken, onus is on the insurer to prove by leading evidence that driver of the vehicle involved in the accident was not duly licensed.

Date of Judgement : 07.10.2013

• Accompanist (Sangatkar) working in Music University, Khairagarh are not entitled for same pay scale admissible to music teachers.
• Salary paid to an employee, allowing him to continue beyond the age of superannuation cannot be recovered, if no fraud is committed.
• The judgment and decree having been passed after the creation of the new Board, the execution proceeding cannot be stalled only because the old Board is not in existence today.
• Rules framed by the Chhattisgarh Government under the Right to Information Act, 2005 are valid.

Date of Judgement : 04.10.2013

• Accused cannot be convicted under Section 302 IPC only on the evidence of last seen unless death is proved to be homicidal.

Date of Judgement : 03.10.2013

• Financer of the vehicle would not be liable to pay the amount of compensation for death in vehicular accident. Application u/s 166 of Motor Vehicles Act,1988 dismissed.
• Skilled Attendants working in Government Engineering College,Bilaspur and Raipur are entitled for equal salary.
• Out of turn promotion granted to police personnel cannot be withdrawn on the basis of abstract adverse comments, without giving opportunity of hearing.

Date of Judgement : 01.10.2013

• Under Order 9 Rule 9 read with Section 151 CPC sufficient cause has to be liberally construed.
• Trial Court did not make enquiry regarding service of summons as per the requirement indicated in Order 5 Rule 17 and 19 CPC. Ex parte decree set aside.

September 2013

Date of Judgement : 27.09.2013

• Claim petition under Section 166 of the Motor Vehicles Act, 1988 cannot be dismissed in default after settlement of the issues.
• Plaintiff suppressed material fact of property held by him. He is in possession of sufficient means to pay requisite Court Fees.

Date of Judgement : 26.09.2013

• For granting custody of ward paramount consideration is welfare of the child. Matter remanded to District Judge.

Date of Judgement : 24.09.2013

• Two or more claim cases arising out of same accident, should be clubbed together for trial.
• Principles relating to death sentence - discussed.

Date of Judgement : 23.09.2013

• Section 19-B of the Chhattisgarh Municipal Corporation Act is constitutional.

Date of Judgement : 19.09.2013

• I.C. cannot disown its liability on the ground that driver of vehicle though duly licenced to drive LMV but there is no endorsement in the licence to drive commercial vehicle.

Date of Judgement : 18.09.2013

• Section 303 IPC is unconstitutional -No punishment can be imposed under this Section.

Date of Judgement : 16.09.2013

• It is an obligation of the State Government to open one Mental Health Hospital in the State.

Date of Judgement : 05.09.2013

• Civil Judge 2008 examination is valid.

Date of Judgement : 02.09.2013

• Claim of being unsound mind without raising the issue and evidence in support of the claim cannot be considered at the apellate stage.

August 2013

Date of Judgement : 30.08.2013

• Duty of Prosecution and Courts in criminal case, discussed.
• Principles in relation to Presumption u/S 114 Illustration (a) of the Indian Evidence Act, 1872 – Discussed.

Date of Judgement : 27.08.2013

• Principles relating to formation of Unlawful Assembly and Common Object - Discussed.

Date of Judgement : 22.08.2013

• Order 22 Rule 10 C.P.C. when attracted -Discussed.

Date of Judgement : 08.08.2013

• Order of quasi-judicial authority not quashed, only mandamus issued. Order is u/A 226. Writ Appeal maintainable.
• If certificate of experience is false, not forged and candidate stands at No.1 even without marks on experience, show cause notice is necessary.

Date of Judgement : 07.08.2013

• The Police has jurisdiction beyond the local area, if a part of cause of action has arisen within the local limit.

Date of Judgement : 05.08.2013

• The Wakf Tribunal is competent to consider the dispute of wakf property. No direction can be issued to it on the petition of a third party.

Date of Judgement : 02.08.2013

• Rate of sale to a consumer by Board is market value of power.
• Challenge to the conditions of the tender- Judicial Review- Scope of- Discussed.

Date of Judgement : 01.08.2013

• Evidentiary value of injured witnesses - Discussed.
• Principles of Right of Private Defence (RPD) –Discussed.
• Removal or temporary removal i.e. suspension from the Medical Register cannot be done without affording opportunity of hearing and enquiry.

July 2013

Date of Judgement : 31.07.2013

• In case of land acquisition at the instance of local authority, local authority is proper party in land acquisition proceeding, also in reference.
• Collector / reference Court is required to issue notice to local authority in a proceeding.
• A Single Bench cannot reverse the order of Division Bench even under section 7A of the Juvenile Justice Act, 2000.

Date of Judgement : 25.07.2013

• Principles relating to S.13(1-A)(ii) of the Hindu Marriage Act - discussed.
• Compliance of basic principles of natural justice, as provided under Regulations 16 & 17 is mandatory for withdrawal of affiliation by the University.

Date of Judgement : 24.07.2013

• Provisions of Section 31 (1) and 32 of the C.G. Excise Act,1915 – Discussed.

Date of Judgement : 18.07.2013

• Parties to the contract are bound by the terms of contract. No application of TPA where transfer of property takes place by operation of law.

Date of Judgement : 16.07.2013

• Recommendation of the scrutiny committee can not be rejected without recording reasons.

Date of Judgement : 15.07.2013

• Principles of application and ambit of Fundamental Rule 54-B(5) - Discussed.
• Hologram is supported by statutory provision under excise rules.

Date of Judgement : 12.07.2013

• Candidates are entitled to relaxation of age under all categories for ANM course.

Date of Judgement : 10.07.2013

• Any person may make a complaint about the validity of a caste certificate to the State Level High Power Caste Scrutiny Committee.
• No interference in the decision of the State Level High Power Caste Scrutiny Committee, unless it is perverse or improper.

Date of Judgement : 09.07.2013

• Principles relating to Right of Private Defence of person and property –Discussed.

Date of Judgement : 08.07.2013

• Offence u/S. 302 IPC, on facts converted to S. 323 IPC – Relevant Principles discussed.
• Closing of accommodation/door, making obstruction in entry amounts to withholding of essential service u/s 38(1) of CG Accommodation Control Act 1961.
• No demand notice be issued to owner of vehicle u/s 8 of Motoryan Karadhan Act before passing order in writing after affording opportunity of hearing.

Date of Judgement : 02.07.2013

• Dispute before the Family Court – Framing of issues not mandatory.
• Disciplinary Enquiry – Scope of Judicial Review Discussed.
• Case filed in High Court, withdrawal without liberty not maintainable in other High Court on public policy. Transfer of investigation impermissible.

Date of Judgement : 01.07.2013

• Under the head "Fibre", Sun Hemp, Mesta / Ambadi are jute and as such Mandi fee is payable.

June 2013

Date of Judgement : 27.06.2013

• An Advocate may begin legal practice even before becoming member of the Bar Association, within one month.

Date of Judgement : 25.06.2013

• Kuladhipati exercises quasi-judicial power under section 12(4) of Chhattisgarh Vishwavidyalaya Adhiniyam.
• High Court should not normally interfere with the case once the final report under 173 Cr.P.C. is filed after completion of investigation and pending before the Magistrate.

Date of Judgement : 24.06.2013

• An appeal, not revision, is maintainable against the order passed by the Collector in revisional jurisdiction under the C.G.Land Revenue Code.

Date of Judgement : 20.06.2013

• Discrepancies between eye-witness account and medical evidence-Principle-discussed.

Date of Judgement : 19.06.2013

• Last date of publication is relevant for limitation under section 11A of Land Acquisition Act.

Date of Judgement : 18.06.2013

• Commission u/s 70 VAT Act exercises quasi judicial power.

Date of Judgement : 17.06.2013

• No direction can be issued to acquire the land of a private person for the purpose of construction of parking area.
• Before termination of retail outlet dealership, compliance of provisions of law and principles of natural justice is mandatory.

Date of Judgement : 11.06.2013

• Principles regarding oral dying declaration-Discussed.

May 2013

Date of Judgement : 09.05.2013

• Carried forward unabsorbed depreciation cannot be set off with short term capital gains.

Date of Judgement : 08.05.2013

• The Bank is obliged to issue notice to only persons who claim charge or interest on the property, and are in the notice of the Bank.

Date of Judgement : 06.05.2013

• Exercise of power under the Repealed Act for notification is not valid.
• Deeming provision will not be attracted, if the application is not complete, as required under the statute, is filed.

Date of Judgement : 03.05.2013

• Principles defined on Exception 1 to S. 300 IPC.

Date of Judgement : 02.05.2013

• Civil Suit cannot be filed against Municipal Corporation without serving notice under section 401 of Municipal Corporation Act.

April 2013

Date of Judgement : 29.04.2013

• Fee for temporary use of the land or road of the Municipalities can be imosed only by way of bye-laws made under the M.P./C.G. Municipalities Act.

Date of Judgement: 26.04.2013

• Non-disclosure by the solitary eye-witness for 9 months – effect - fatal.

Date of Judgement: 25.04.2013

• Appreciation of evidence of interested eye-witnesses – Discussed.

Date of Judgement: 23.04.2013

• Vacancy for appointment from select list has to arise during its validity.

Date of Judgement: 22.04.2013

• Substitution in 6(6)(i) Cenvat Rules is enforced from the date of its enforcement.

Date of Judgement: 16.04.2013

• State Election Commission is under an obligation to conduct election to a Cooperative Society.
• Appreciation of evidence of eye-witnesses - relatives and neighbours.

Date of Judgement: 15.04.2013

• “Kamal Vihar Scheme” of Raipur Development Authority does not suffer from any legal infirmity.

Date of Judgement: 12.04.2013

• Settlement of objections under CG Panchayat Rules means settlement with the present Sarpanch/Secretary, not with Ex.Sarpanch/Secretary on spot.
• Principles regarding divorce on the ground of cruelty – Discussed.

Date of Judgement: 11.04.2013

• The language of notification for exemption cannot be compared with the language of taxing statute.
• WRIT PETITION (227) No. 908 of 2012

Date of Judgement: 10.04.2013

• The death in police custody amounts to deprivation of life and liberty under Article 21 of the Constitution of India.

Date of Judgement: 09.04.2013

• Credibility of evidence of interested solitary eye-witness – Discussed.

Date of Judgement: 08.04.2013

• In a contract on joint venture withdrawal of one partner is tantamount to withdrawal from the contract.
• A delinquent employee is entitled to only those documents, which are referred and relied in departmental enquiry.
• Sub Registrar cannot deny registration of a deed at the instance of the Collector.
• High Court may interfere in case of departmental enquiry, only in the event of proved perversity and case of no evidence in enquiry.
• Strict discipline is required in case of employees of Judicial Institutions. Prejudice has to be established.
• In case of defective change sheet before conclusion of departmental enquiry, fresh charge sheet may be issued.
• Cancellation of caste certificate during the period of service cannot be a ground for ouster from service, but not entitled to benefits of reservation on future.
• WRIT PETITION No. 3015 of 1998

March 2013

Date of Judgement: 21.03.2013

• Under Sec. 85 of Panchayat Raj Adhiniyam, Collector can modify its order; in case of mass irregularities appointment can be cancelled without notice.


• Abusing a person of SC/ST by caste in public place with intent to insult or intimidate or humiliate attracts the provisions of Atrocities Act.

Date of Judgement: 19.03.2013

• A portion of evidence of a witness is not to be read in isolation. The evidence has to be read as a whole.

Date of Judgement: 15.03.2013

• No TIP – Dock Identification after 4 years conviction cannot be maintained.

Date of Judgement: 14.03.2013

• Assessment case can be transferred for coordinated investigation.
• Lay off amount is recoverable under Section 33C(1) of the Industrial Disputes Act, 1947.

Date of Judgement: 13.03.2013

• For application of ID Act, the work of the unit is important, not the ownership.

Date of Judgement: 12.03.2013

• Conviction can not be awarded on the solitary evidence of shadowed Dying Declaration.
• Chhattisgarh Tribes Advisory Council Rules, 2006 are valid.
• For want of imputation of charges, the enquiry is vitiated.

Date of Judgement: 08.03.2013

• State can reserve area for itself for prospecting without taking approval from Central Government.

Date of Judgement: 07.03.2013

• Fraudulent appointment orders are non est, therefore, appointee does not derive any benefit of the order.
• Approval of the Board is necessary before executing lease under Chhattisgarh Krishi Upaj Mandi Adhiniyam.

Date of Judgement: 04.03.2013

• Change in qualification is prospective.

February 2013

Date of Judgement: 27.02.2013

• No detailed enquiry is required in case of minor penalties under Rule 37 of the C.I.S.F. Rules.

Date of Judgement: 25.02.2013

• No entry can be made in the ACR by the reporting/reviewing/accepting authority after retirement, unless rules so provide.

Date of Judgement: 22.02.2013

• Section 11-A of ID Act provides for adducing evidence for the first time on material on record, however, witness cannot be examined afresh in the tribunal.

Date of Judgement: 21.02.2013

• Not necessary to file return before due date, to get benefit of immunity u/s 271(1)(c) explaination-5 of the IT Act.

Date of Judgement: 20.02.2013

• There can be no deemed rejection of 'No Confidence Motion' in C.G.Panchayat Raj Adhiniyam, 1993.
• Word 'division' includes 'marks'.

Date of Judgement: 14.02.2013

• Satisfaction of the Magistrate is sufficient to hold that the deceased was in a fit state of mind to give dying declaration.

Date of Judgement: 13.02.2013

• Contract appointment, de hors the satutory rules, regulations, is governed by terms of the contract/agreement.

Date of Judgement: 12.02.2013

• Identification of the accused and the deceased both must be firmly established when theory of last seen together is pressed.

Date of Judgement: 11.02.2013

• Government not fixing any cut off date for regularization.The same cannot be granted retrospectively.

Date of Judgement: 07.02.2013

• Magistrate taking cognizance under Chapter XV of the CrPC is not empowerded to direct for investigation under Section 156 (3) of Chapter XII of the CrPC.
• Officer of SAIL can be appointed as Estate Officer under the PP(EUO) Act, 1971.
• Service disputes of SAIL can be entrusted to CAT.

Date of Judgement: 06.02.2013

• Authority initiating proceedings under sub-sec.(3) of S.170 B of CG Land Revenue Code, 1959 is required to hold inquiry into the matter before passing final order.
• There can be no discrimination in granting amnesty.

Date of Judgement: 05.02.2013

• Existence of legal right and corresponding statutory obligation on authorities are precondition for issuance of direction to consider the representation.
• If a person being aware of his rights, neglects to enforce them or chooses one benefit instead of another he is not entitled to claim the other relief.

Date of Judgement: 04.02.2013

• Appointment of candidates more than vacancies advertised not permissible.
• Reservation for disabled, women are horizontal has to be at the final stage of recruitment.
• Complete service record has to be examined for compulsory retirement.
• If a case has become academic on facts, not necessary to examine the case.
• No revision is maintainable against the appellate order.
• Model answer if found incorrect from reasonable standard, answer require reexamination.

Date of Judgement: 01.02.2013

• Any issue not raised in the pleadings, cannot be permitted to raise in the written submission.

January 2013

Date of Judgement: 30.01.2013

• Rule 3(1)(a)(ii) of the Electricity Rules, 2005 is valid.

Date of Judgement: 21.01.2013

• The Disciplinary Authority may disagree with the enquiry report after recording proper reasons for disagreeing with the findings and conclusion of the enquiry officer and also after show cause notice to the delinquent employee.

Date of Judgement: 18.01.2013

• Compassionate appointment is not a method of recruitment, but a facility to provide immediate rehabilitation to the family under distress. The compassionate appointment can be made only in accordance with the Government policy.

Date of Judgement: 16.01.2013

• Whether person not relative of husband can be punished u/s 109/ 304-B IPC-referred to third judge.

Date of Judgement: 14.01.2013

• In absence of any law or custom governing inheritance amongst members of Scheduled Tribes they will be governed by Section 6 of the Central Provinces Laws Act, 1875.
• The Election Tribunal is competent to order recounting of votes, even if there is no application for recounting before declaration of the election result.

Date of Judgement: 11.01.2013

• Excess payment made to an employee cannot be recovered without affording an opportunity of hearing
• Exemption from payment of tax fully or partly is applicable to only such goods or class of goods, which are exigible to tax

Date of Judgement: 10.01.2013

• Long living together as spouse and admission of marriage by opposite party are sufficient to prove the factum of lawful marriage.Execution of will excluding inheritance of natural heirs requires its due and lawful execution under Section 63 of the Indian Succession Act, 1925. Mere evidence of scribe without statement showing intention to attest is not sufficient to prove his signature as animo attestandi of the will.
• Selection & Appointment on concealing relevant facts is illegal

Date of Judgement: 07.01.2013

• Higher Qualification is permissible in Competitive Examination
• Writ Petition (C) No. 1602 of 2012.

Date of Judgement: 03.01.2013

• Criminal Appeal No. 682 of 2004.

Date of Judgement: 02.01.2013

• Substance of order, rather heading of WP, determines whether order is U/A 226 or 227.
• Civil Revision No. 168 of 2012.

Date of Judgement: 01.01.2013

• Criminal Appeal No. 1388 of 1997.
• First Appeal No. 181 of 2004.