Chhattisgarh High Court AFR Judgments

December 2014

Date of Judgement : 24.12.2014

• Prosecution must prove the durg/contraband and was in exclusive possession of accused.
• Muslim woman married to Hindu is entitled for maintenance U/s 125 of Cr.P.C.



Date of Judgement : 23.12.2014

• No confidence motion against Sarpanch; voting by show of hands not permissible under the rules.

Date of Judgement : 22.12.2014

• Ragging is not only cognizable non­bailable offence, but also is a violation of human right.

Date of Judgement : 18.12.2014

• Quashing of criminal case on basis of compromise; allegation of lurking house-trespass, theft, not a civil or matrimonial dispute. Prayer refused.

Date of Judgement : 17.12.2014

• Judicial Magistrate has no jurisdiction to grant custody of the vehicle seized for commission of offence u/S 3/7 of the EC Act, 1955.
• The juvenile is not entitled to maintain an application for grant of anticipatory bail under Section 438 of Cr.P.C.
• Sanction for prosecution u/s 197 CrPC not necessary when Govt.servant has committed fraud, cheating, fabrication of documents and misappropriation.

Date of Judgement : 12.12.2014

• The compensation on future increase of income can be calculated at 100% since the salary of the deceased both basic wage and Dearness Allowance has increased more than double.
• Complaint U/S 340 CrPC; should not be made readily on mere asking; 19 years have elapsed; proceeding quashed.

Date of Judgement : 09.12.2014

• IR to punish u/S 12 of the Contempt of Courts Act, 1971, it must be proved beyond reasonable doubt that contemnor had knowledge of order passed by the Court.
• Once an order is passed on merit, on the basis of direction issued by the Court, contempt petition would not be maintainable U/S 12 of the Contempt of Courts Act.

Date of Judgement : 05.12.2014

• The provisions of EPF Act, 1952 are not applicable to the RDA by virtue of Section 16(1)(c) of that Act.
• Commissioner appointed U/O 26 R-9 CPC cannot get the spot inspection carried out by a third person and any such report would not be proper and legally acceptable.
• Taxable event under Section 3 of the C.G. Electricity Duty Act, 1949, is a consumption/sell of electricity and not production or generation of electricity.
• Election of State Bar Council; remedy of election petition available; no intereference can be made in WP; committee of Advocates to monitor counting.

Date of Judgement : 04.12.2014

• Juvenile if found guilty reference can be made to Juvenile Justice Board for sentence.

Date of Judgement : 01.12.2014

• Presence of person seeking anticipatory bail is not obligatory at the time of final hearing.

November 2014

Date of Judgement : 24.11.2014

• Bar of civil suit under Sec. 85 of the Waqf Act, not attracted when land not included in the register of auqaf by issuing a gazette notification.
• Petition against Mr. Narendra Modi & Mr. Amit Shah; Court would not entertain a purely political issue not involving any legal or constitutional right.
• Formation of Panchayat; Legislative function; cannot be by mathematical precision; HC cannot quash the notification for violation of natural justice.

Date of Judgement : 21.11.2014

• Criminal revision relates to administration of criminal justice. It must be decided on merits, not on defaults.

Date of Judgement : 20.11.2014

• Application for anticipatory bail is maintainable for offences under the provisions of SC & ST (P.O.A.) Act, 1989 if prima facie ingredients of offences are not made out.

Date of Judgement : 17.11.2014

• Office bearer of Panchayat cannot be suspended u/s 39(1)(b) P.R. Adhiniyam without issuing notice containing charges for removal u/s 40 of Adhiniyam.
• Departmental enquiry can continue during criminal trial; acquittal in criminal case has no bearing on finding in departmental enquiry.

Date of Judgement : 13.11.2014

• Application under Section 438 of Cr.P.C. for grant of anticipatory bail is not maintainable in bailable offence.

Date of Judgement : 12.11.2014

• Elected President of Municipality need not be removed on trivial charges. Consuming fuel more than prescribed limit is not a serious charge.

Date of Judgement : 11.11.2014

• ST candidate of other State including State of MP is not entitled to claim benefit of reservation on the post reserved for ST in the State of CG.
• The Director, Higher Education, an authority sub­ ordinate to the State Government, cannot modify the order of State Government at his own.

October 2014

Date of Judgement : 31.10.2014

• Application for compassionate appointment has to be considered on the basis of circular/policy prevalent on the date of death of the Govt. Servant.

Date of Judgement : 28.10.2014

• Husband not substantiating allegation regarding character & integrity of wife; commits cruelty; liable to provide maintenance to wife.

Date of Judgement : 16.10.2014

• The Tribunal should play an active role and make all possible efforts in getting the medical evidence to assess the disability of the claimant.

Date of Judgement : 15.10.2014

• Section 28­C of the R.P. Act is attracted only during election i.e. from the date of declaration of election notification till declaration of result.

Date of Judgement : 09.10.2014

• On death of convict, revision can be prosecuted by LRs, if sentence is of fine also.
• Collector of a District is not empowered under Rules, 1966 to place the Class II Officer (Gazzetted) under suspension and to institute departmental enquiry against him.

September 2014

Date of Judgement : 26.09.2014

• Without establishing the commission of an offence the accused cannot be convicted under S. 201 IPC.

Date of Judgement : 23.09.2014

• Intention and preparation along with attempt to commit the offence necessary for conviction under Section 511 IPC.

Date of Judgement : 22.09.2014

• Only a gas connection holder, and not the user, is liable for prosecution u/c 3(1)(c) of LPG (Regulation of Supply & Distribution) Order 1993.

Date of Judgement : 16.09.2014

• Officer of Railway Protection Force is not entitled to initiate prosecution by filing charge­ sheet u/s 173 of Cr.P.C. for offence punishable u/s 143 of the Railways Act, 1989.

Date of Judgement : 11.09.2014

• Finding of misconduct based on admission of guilt not to be interfered.

Date of Judgement : 09.09.2014

• If the parties have buried their disputes and diffrences then it is good ground u/s 482 for compounding offence particularly when possibility of conviction is remote and bleak.

Date of Judgement : 05.09.2014

• Divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 is no ground to deny maintenance to a wife.

Date of Judgement : 02.09.2014

• Posting outside cadre is deputation. Such deputationist can be repatriated to parent cadre any time.
• An order of maintenance granted under Section 125(1) of the Cr.P.C. to a wife cannot be challenged and set-aside in execution proceeding.

August 2014

Date of Judgement : 21.08.2014

• Change of date of birth on the basis of Matriculation Certificate should be allowed by SECL in view of Implementation Instruction No. 76.

Date of Judgement : 20.08.2014

• Right of appeal can not be assumed unless provided by statute.
• Bar of delay & laches and locus standi not applicable in quo warranto proceeding. Person not eligible; deserves to be ousted from the office.

Date of Judgement : 19.08.2014

• Result of DNA Test is scientifically accurate and can be relied upon to determine paternity of a child.

Date of Judgement : 18.08.2014

• Selected candidate joined but terminated; waiting list cannot be acted upon because of exhaustion of notified vacancies.

Date of Judgement : 13.08.2014

• No one can take advantage of his own wrong.

Date of Judgement : 11.08.2014

• State Government directed to issue order for accepting self-attested documents by candidates appearing in recruitments.

Date of Judgement : 08.08.2014

• The offence punishable u/S 3(1)(x) SC and ST (P of A) Act, 1989 is not compoundable u/S 320(2) CrPC.
• State cannot go back on its promise merely due to its slackness.

Date of Judgement : 07.08.2014

• If a financial institution takes repossession of the vehicle and also auctions the same, hire-purchase agreement stands determined ipso facto-case u/s 138 is not maintainable.
• For commission of offence under Section 498-A of the Indian Penal Code punishment of imprisonment and fine are mandatory.

Date of Judgement : 05.08.2014

• Excise duty on specified rate―No presumption that the place of removal is factory gate.
• Recruitment to posts in Government; issuance of advertisement mandatory; only calling names from Employment Exchange not sufficient.

July 2014

Date of Judgement : 25.07.2014

• Transfer policy cannot authorize the Collector to transfer employee of Panchayat Services, contrary to Rule 27 of Panchayat Service Rules.
• Stoppage of increment with cumulative effect; a major penalty; not permissible without regular enquiry.

Date of Judgement : 22.07.2014

• Benefit of S.437(6) CrPc should not be extended in a case where trial is at fag-end, particularly, when most of the witnesses have been examined & there is a regular progress in trial.
• Promise to pay time barred debt is good consideration and is enforceable.
• Application for compassionate appointment cannot be moved after attainment of age of majority by the dependant of the deceased employee.

Date of Judgement : 17.07.2014

• Govt. doctor appearing for evidence twice but case adjourned without recording evidence then on default of appearance on text date, proceeding by Court u/s 350 Cr.P.C. not proper.

Date of Judgement : 15.07.2014

• Willful absence from duty; employee avoiding service of notice can be compulsorily retired without enquiry under Article 311(2)(b) of Constitution.
• Three firms have unity of ownership, management, control, finance & employment. Rightly clubbed under EPF & M.P. Act, 1952.
• Word 'attained' means acquire or 'reach'; one who has not attained the age of 35 years is ineligible to appear in District Judge (Entry Level) Exam.

Date of Judgement : 14.07.2014

• The Court lying vacant for only a few months on account of the transfer of the Presiding Judge not a good ground for grant of bail moved on the ground of delay in trial.

Date of Judgement : 11.07.2014

• Acquisition by agreement under CNTGN Adhiniyam is not compulsory acquisition.

Date of Judgement : 03.07.2014

• To prove offence u/s 6 CG Agri.Cattle Preserv.Act, 1959 it is necessary to prove transportation of agri.cattle from CG to outside CG for slaughtering.

Date of Judgement : 02.07.2014

• Correction of date of both; matriculation certificate issued prior to joining of service should be acted upon under I.I.No.76.

June 2014

Date of Judgement : 30.06.2014

• Probationer constable; even if antecedent not concealed, if he is history sheeter; rightly discharged from service.

Date of Judgement : 26.06.2014

• Relative of Panchayat Secretary is not dis-qualified to be appointed as Anganwadi worker.

Date of Judgement : 25.06.2014

• Acc. found in poss. of peafowl, failed to explain, rightly held guilty u/s 51 Wild Life (P) Act, not entitled leniency in sent. as peafowl is N/bird.
• An element of racial prejudice is necessary to establish an offence under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Date of Judgement : 20.06.2014

• SHO is authorised to file ch/sheet u/s 55(b) Wild Life (P) Act, 1972 against accused found in poss. of leopard's trophy; conviction u/s 51(1) is just.

Date of Judgement : 18.06.2014

• Litmus test and smell test can be relied upon for identification of intoxicant within the meaning of Section 2(11-a) of the Chhattisgarh Excise Act, 1915.

Date of Judgement : 16.06.2014

• Cr.R. filed U/s. 397/401 CrPC by convicted person does not abate on his death as there is no statutory provision in CrPC, particularly when the sentence of fine has been imposed.
• Torts - damages strict liability rule - exception not available to the Electricity Board in case a person dies with electrocution for falling of wire on road.
• Where the constitutional validity of a provision is not under challenge, the Court will have to proceed on the basis that the same is intra vires and interpret the same as such.

May 2014

Date of Judgement : 14.05.2014

• Electronic records proved in the manner required under Section 65 B of the Indian Evidence Act is admissible.
• The legislature has used the word "shall" in Section 12 with somewhat mandatory force which means ordinarily irrespective of the nature of offence a juvenile is entitled for bail.
• The articles which are seized, after completion of trial and an order of acquittal is passed, should be handed over to the person from whom they were seized.

Date of Judgement : 08.05.2014

• Interpretation of statute/document- elementary Rule of interpretation - Statute/document is to be read as a whole in its context for its proper interpretation.

Date of Judgement : 07.05.2014

• Even though the provisions of the Muslim Women Act 1986 has a provision of claiming maintenance yet an application filed u/s 125 CrPC cannot be rejected holding it not maintainable.
• Delay in holding T.I.P.-Not explained-Evidence of prosecution regarding identity of accused was not absolutely reliable.

Date of Judgement : 06.05.2014

• Section 66E(i) of the Finance Act, 1994 [Statutory Provisions Relating to Service Tax] is valid.

Date of Judgement : 05.05.2014

• Rightly or wrongly when an order is passed towards compliance of a judgment for all practical purpose the judgment stands complied. No contempt will lie.

April 2014

Date of Judgement : 30.04.2014

• Explanation to rule 15(1) of SC & ST Development Dep. Education Cadre Recruitment Rules is discriminatory.

Date of Judgement : 25.04.2014

• Prosecutrix Aged about 9 years-her version inspires confidence of the Court – Conviction Justified.

Date of Judgement : 22.04.2014

• The word 'नियमित' in 4(1) of the Mahila Bahuuddeshiya Swasthya Karyakarta (ANM) Pathyakram Pravesh Niyam, 2011 is discriminatory.

Date of Judgement : 17.04.2014

• Intention or knowledge is necessary for culpable homicide.

Date of Judgement : 16.04.2014

• By way of review, opportunity to argue the entire case afresh is not permissible. Review proceedings are not in the nature of appeal.

Date of Judgement : 11.04.2014

• Public Interest Litigation (PIL)-Except for a writ of quowarranto, PIL is not maintainable in service matters.
• Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 is valid.

Date of Judgement : 10.04.2014

• Under section 80HHC of the Income Tax Act business includes all businesses and not export oriented business only.

Date of Judgement : 04.04.2014

• Appellate Court does not have the power to remand a case for retrial to fill up the lacuna of prosecution in an appeal of the accused convicted by the trial Court.

Date of Judgement : 02.04.2014

• Rape & murder - Circumstantial evidence and chemical report can be made basis for conviction.

March 2014

Date of Judgement : 28.03.2014

• Only on an apprehension of the applicant of threat to life not sufficient for transferring a criminal case from one place to another.

Date of Judgement : 26.03.2014

• Rule 4 (2) of the Municipalities (The Conduct of Business of the Mayor-in-Council ... ) Rules, 1998 is valid.

Date of Judgement : 21.03.2014

• Unless valid marriage is established, the prosecution u/s 498A is not tenable. Proceeding u/s 498A instituted at the behest of a concubine or keep is not sustainable.

Date of Judgement : 12.03.2014

• Order interim or interlocutory in nature passed by the Rent Controlling Authority is revisable under Section 23-E of the Chhattisgarh Accommodation Control Act, 1961.
• Mention of Section 115 of the CPC in Section 23-E of the Chhattisgarh Accommodation Control Act, 1961 is by way of legislation by incorporation.
• Death caused while defending body and property does not amount to murder.

Date of Judgement : 10.03.2014

• Enquiry to ascertain facts is not a formal D.E. so as to attract principles of natural justice.

Date of Judgement : 06.03.2014

• Only living together and cohabitation are not sufficient to prove con-donation of cruelty under the Hindu Marriage Act, 1955.
• Dying declaration is also a kind of evidence. Courts are required to scrutinize the dying declaration on the basis of other surrounding and attending circumstances minutely.
• No conviction on the basis of suspicious dying declaration without corroboration.

February 2014

Date of Judgement : 26.02.2014

• Even strong suspicion founded on the material on record, to form a presumptive opinion the offence alleged, would justify framing of charge.

Date of Judgement : 25.02.2014

• Witnesses called by defence or court could not be contradicted by reference to their statements recorded under Section 161 of the CrPC.
• Rape- If the evidence of the prosecutrix inspires full confidence - Conviction can be held justified.

Date of Judgement : 18.02.2014

• Even if an order is void, it requires to be so declared by a competent forum. It is not permissible for any person to ignore the same merely because in his opinion the order is void.

Date of Judgement : 17.02.2014

• 'Motive' - suspicion against accused on the basis of 'motive' to commit the crime cannot by itself lead to his conviction.

Date of Judgement : 14.02.2014

• Having once refused to avail the right conferred u/s 217 CrPC the same cannot be again invoked at a belated stage. Prejudice likely to be caused should be explained.

Date of Judgement : 13.02.2014

• IPC Section 302 & 304 – All cases of single blow cannot be classified u/S 304 IPC – Each case has to be judged on its own facts and circumstances.

Date of Judgement : 11.02.2014

• For possession of acommodation on bonafide need it is incumbent upon landlord to plead availability of vacant acommodation & explain how it is not suitable for his bonafide need.

Date of Judgement : 10.02.2014

• Relationship is not a factor to affect credibility of a witness.
• Right of Private Defence of Person – Principles Discussed.

Date of Judgement : 06.02.2014

• FIR lodged by the deceased can be treated as dying declaration.

Date of Judgement : 05.02.2014

• Presentation and prominence of symptoms of strangulation / throttling depends inter alia upon age, sex, physique etc. which accounts for degree of resistance / struggle.
• There must be some evidence of instigation or cooperation or initial assistance by accused person forcing the victim/deceased to commit suicide to attract offence u/s 306 IPC.

Date of Judgement : 04.02.2014

• Unlawful assembly for murder not proved; only such accused out of 25, who participated, as corroborated by medical evidence are guilty u/s 302 IPC.

January 2014

Date of Judgement : 31.01.2014

• A Court for pupose of territorial jurisdiction u/s 138 NI Act would also be the Court having jurisdiction of place where drawee fails to make payment to drawer on receipt of notice.

Date of Judgement : 29.01.2014

• Child is also competent witness in terms of Section 118 of the Evidence Act but courts are required to ask corroboration of his evidence from independent sources.
• Only because applicant has attained age of majority would not by itself disentitle her for maintenance under Section 125 CrPC which she was otherwise getting for last many years.

Date of Judgement : 28.01.2014

• Requirement for application of S. 14 Limitation Act –Discussed.

Date of Judgement : 23.01.2014

• The word order of acquittal used in sub-section (4) of Section 378 CrPC includes the order of acquittal passed by the appellate Court.
• Revision against an order of acquittal passed by the appellate Court in a complaint case not maintainable.

Date of Judgement : 21.01.2014

• Allegation of Corrupt Practices in the Election Petition – The standard of proof to be applied like a criminal case.
• Explained delay should be understood in contradistinction to inordinate unexplained delay. Bona fide reasons and negligence if any should be considered for condoning the delay.

Date of Judgement : 16.01.2014

• The inability to resist to sexual intercourse on false promise to marry being blind on account of lack of physical & moral power & submitting herself cannot be equated to consent.

Date of Judgement : 15.01.2014

• Sections 147/ 148 of Income Tax Act not applicable to Block assessment under Chapter XIVB of the Act.
• Res Gestae – Principles of – Discussed.

Date of Judgement : 03.01.2014

• "Sufficient cause" - In case a party is found to be negligent or found to have not acted diligently or remained inactive, delay should not be condoned.



Date of Judgement : 02.01.2014

• Rule 52 of the Chhattisgarh Minor Mineral Rules is not applicable to a contractor making construction.