Chhattisgarh High Court AFR Judgments

December 2015

Date of Judgement : 21.12.2015

• Appointment of lawyer as Government Advocate is professional engagement by the State Government and Additional Public Prosecutor/AGP doesn't hold "civil post".

Date of Judgement : 17.12.2015

• Writ petition against show cause notice is maintainable, if issued with premeditation.
• Service conditions of the allocated employee to Chhattisgarh cannot be varied to his disadvantage without prior approval of Central Government.

Date of Judgement : 16.12.2015

• Payment of interest on amount of gratuity is statutory compulsion under Payment of Gratuity Act.

Date of Judgement : 15.12.2015

• Principles of constructive res judicata is also applicable in writ proceedings.
• The function of the Registrar under Section 55 (1) of the C.G. Co-operative Societies Act, 1960 is legislative in nature.
• Distinction between "arrears of land revenue" recoverable under Section 139 of the Chhattisgarh Land Revenue Code, 1959 and "dues recoverable as arrears of land revenue" under Section 155(c) of the said Code, pointed out.
• In order to be exempted from making provision for reservation in favour of a person with disability, notification in the Official Gazette has to be duly published by the appropriate Government.

Date of Judgement : 11.12.2015

• Writ of quo-warranto cannot be issued, if the appointment is temporary.
• Teacher of fully aided school is an employee within the meaning of Section 2(e) of Payment of Gratuity Act, 1972 and entitled for gratuity.
• Public Service examination and result published cannot be set aside lightly, it should attain finality.

Date of Judgement : 10.12.2015

• A person who has been an advocate for not less than seven years and thereafter appointed as ADPPO (full-time salaried employee) is entitled for selection on the post of District Judge (Entry Level).
• Writ of quo warranto lies only when the appointment is made contrary to statutory provisions.

Date of Judgement : 09.12.2015

• Labour Officer under the Chhattisgarh Industrial Relations Act, 1960 has no jurisdiction to adjudicate the rights of employee under Section 30 (6) (b) of the Act.

Date of Judgement : 08.12.2015

• Equivalence of two educational qualifications is a technical and academic matter and it must be done by a specific order by experts in the field.

Date of Judgement : 03.12.2015

• Provisions requiring prior approval before termination of service of an employee under Act of 1978 and Rules made thereunder are not applicable to minority Institution established under Article 30(1) of the Constitution of India.

Date of Judgement : 02.12.2015

• Inspector appointed under CG Industrial Employment (Standing Order) Act, 1961 has no jurisdiction to adjudicate dispute under the Act of 1961.

Date of Judgement : 01.12.2015

• Writ Petition (Civil) for issuance of writ of certiorari is maintainable challenging the order passed by the Board of Revenue.
• Determination of caste status can be done only by Caste Scrutiny Committee constituted as per direction in Madhuri Patil judgment or in terms of statute made by the State Government.

November 2015

Date of Judgement : 30.11.2015

• Newspaper employee/its union are competent to invoke Section 27 of the Working Journalist Act, 1955 for the amount due including for recommendation of Wage Board accepted by Government of India.
• National Coal Wage Agreement is a "settlement" within the meaning of Section 2(P) of the ID Act and is having force of law.
• Policy of Compassionate appointment excluding married daughter for consideration is a retrograde policy of Welfare State and violative of Article 16(2) of the Constitution.

Date of Judgement : 27.11.2015

• Gratuity is property of retired Govt. servant and property within the meaning of Article 300-A of the Constitution of India.

Date of Judgement : 24.11.2015

• Decision of State Government not to recruit Teachers (Panchayat) is a policy decision, cannot be interfered with in absence of arbitrariness and perversity.

Date of Judgement : 23.11.2015

• A candidate having been considered & granted compassionate appointment is not entitled for second consideration for higher post on the ground of compassion.
• In absence of vacant post, candidate is not entitled to be considered for compassionate appointment.

Date of Judgement : 20.11.2015

• Recruitment of candidates in excess of the notified vacancies is denial of constitutional right of candidates.
• Policemen failing to join anti nxal operation; removal without enquiry u/A 311(2) second proviso (b) of the Constitution is not illegal.

Date of Judgement : 18.11.2015

• Substantial correction in birth/death certificate can be made only after following the procedure prescribed in R.11 of CG Reg. of Birth/Deaths Rules.

Date of Judgement : 16.11.2015

• M/s. Meinhart Singapore Pvt. Ltd., a Multinational Company, is not State / other authority under Article 12 of the Constitution of India.

Date of Judgement : 05.11.2015

• Copies of Election Petition signed by petitioner but word true copy not mentioned. Not a fatal defect. There is substantial compliance of Rule 3(2).
• District Election Officer/Collector has no jurisdiction to place an officer on deemed deputation (Assistant Engineer), on suspension.
• Against the order passed u/s. 91(i) of the Army Act, 1950, writ petition is not maintainable.

Date of Judgement : 04.11.2015

• Once RTI application rejected by PIO within 30 days but later on appeal is allowed, yet applicant not entitled to get information free of cost.

Date of Judgement : 03.11.2015

• Nominee is only authorized to receive the amount of gratuity on behalf of legal heirs.

October 2015

Date of Judgement : 28.10.2015

• Labour Court has no jurisdiction to dismiss the reference made by appropriate Government, in default.

Date of Judgement : 26.10.2015

• Compassionate appointment is not a source of recruitment.
• A candidate not having minimum qualification as per rules is not entitled for compassionate appointment.
• In order to take benefit of Section 19(3)(a) of the Prevention of Corruption Act, 1988, failure of justice is required to be established by accused.

Date of Judgement : 16.10.2015

• Counter-claim in Madhyastham Adhikaran Adhiniyam, 1983 cannot be preferred without making reference to final authority.

Date of Judgement : 06.10.2015

• Fine amount cannot be recovered from accused after he has served default jail sentence.

Date of Judgement : 05.10.2015

• The Additional Secretary, Department of Law & legislative Affairs is competent to grant sanction on behalf of Govt. of Chhattisgarh.

September 2015

Date of Judgement : 28.09.2015

• Service dispute of employee of unaided private educational institution; writ petition not maintainable.

Date of Judgement : 23.09.2015

• At the time of framing charge, defence material filed by the accused cannot be looked into.

Date of Judgement : 18.09.2015

• For offence under Section 138 of the N.I. Act i.e. dishonour of the cheque, the jail sentence is not mandatory.

Date of Judgement : 16.09.2015

• The grounds are not available to challenge the election under R.P. Act 1951 on the basis of alleged defective voters list prepared and after attaining finality under the R.P. Act 1950.

Date of Judgement : 03.09.2015

• In claim u/s 163-A of M.V. Act, concept of contributory negligence will not apply.

August 2015

Date of Judgement : 21.08.2015

• Amendment of Section 142 in N.I. Act being procedural law will have a retrospective effect.

Date of Judgement : 14.08.2015

• Want of jurisdiction before Arbitrator not raised, yet party proceeds, it will be waiver of right.

Date of Judgement : 05.08.2015

• If accident is out side of factory and deceased was not doing something reasonably incidental to job then is not entitled for compensation.

Date of Judgement : 03.08.2015

• To attract a bar under Order 2 Rule 2 of CPC, specific pleading and specific issue in that regard is necessary.

July 2015

Date of Judgement : 27.07.2015

• Order granting bail cannot be cancelled in the light of provision contained in Section 362 Cr.P.C.

Date of Judgement : 24.07.2015

• When report is made of cognizable offence police is bound to register FIR.

Date of Judgement : 20.07.2015

• Direction to consider representation for posting at the place of choice cannot be issued under Article 226 of the Constitution of India.

Date of Judgement : 17.07.2015

• To fasten vicarious liability, admission of sale of vehicle will dilute the continuation of registration of name of vehicle.
• Bar of Section 69(3) of the Indian Partnership Act would apply to arbitration proceeding.

Date of Judgement : 16.07.2015

• Counselling for place of posting amounts to offer of appointment from waitning list during its validity. Posting cannot be denied subsequently.
• Under Arbitration Act, 1940 arbitrator was not required to give reason for award unless agreement stipulates.
• Applicants are not entitled for bail for offences under Sections 11, 13 (1) (d), 13 (2), 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988; 109, 120B,409 and 420 of the IPC.Corruption is a human right violation.
• Non-supply of documents; absence of specific of specific plea about the relevance of documents with the charges, enquiry not illegal.
• Writ of quo warranto against the appointment of CMD of Coal India Limited not maintainable in the Chhattisgarh High Court.
• Childless step-mother is entitled for maintenance from her step-son(s).

Date of Judgement : 15.07.2015

• Enq. u/R 7 of Panchayat Service Rules is akin to regular enq. as provided u/R of CCA Rules. Removal of Panchayat Secy. without reg. enq. is illegal.
• Childless step-mother is entitled for maintenance from her step-son(s).

Date of Judgement : 14.07.2015

• If employer has no control of appointment, salary, disciplinary action etc. over the employee, relationship of employer-employee is not established.
• Failure to plead material facts will lead to dismissal of election petition.

Date of Judgement : 09.07.2015

• Section 13 of the Family Courts Act, 1984 does not prescribe total bar to representation by legal practitioner.

Date of Judgement : 08.07.2015

• Negligence by medical professional under Section 304A IPC must be "gross" negligence.

Date of Judgement : 07.07.2015

• While revoking suspension, the employee cannot be posted at a place defferent that at the place he was posted at the time of suspension.
• Application under Order 7 Rule 14 (3) of C.P.C. produce the document to be constructed liberally.

Date of Judgement : 06.07.2015

• 6 months' RI is sufficient sentence for offence under Section 304A of the IPC.

Date of Judgement : 02.07.2015

• Equality of opportunity in public employment runs through the entire selection process i.e. from issuance of advt. till service of appointment order.
• Discretion to withdraw from prosecution vest with Public Prosecutor.

Date of Judgement : 01.07.2015

• Death in Tubectomy Camp -Oppose claim state is estopped to for no negligence.
• Liability cannot be on financier for failure to insure vehicle against terms.

June 2015

Date of Judgement : 15.06.2015

• Kotwar is holder of a Civil Post.

Date of Judgement : 08.06.2015

• Vacation Judge sitting alone has no jurisdiction to hear writ appeals. Matter referred to Hon’ble Chief Justice for consideration.

May 2015

Date of Judgement : 15.05.2015

• Applicant is not entitled for bail offence under Section 13(1)(e) r/w 13(2) of the Prevention of Corruption Act, 1988, corruption is a human right violation.
• No conflict exists in Section 3 and 3-A of Chhattisgarh Vidhan Mandal Sadasya Nirarhata Nivaran (Sansodhan) Adhiniyam, 2006 as Section 3-A is further explanation to Section 3.
• Plaintiff is free to value his suit for pecuniary jurisdiction and distinctly value relief for declaration.

Date of Judgement : 12.05.2015

• Material facts not pleaded and severe variance in pleading against parties stands deleted may lead to dismissal of election petition for want of cause of action.

Date of Judgement : 11.05.2015

• Activities of Govt. Deptt. coming within parameters laid by SC in Banalore Water Supply case is "Industry", despite reference to larger Bench.

Date of Judgement : 08.05.2015

• In order to initiate, contempt proceeding, the parent order must be enforceable order.

April 2015

Date of Judgement : 28.04.2015

• Commissioner for persons with disabilities is not a Court subordinate to High Court for the purpose of Section 10 of Contempt of Courts Act, 1971.

Date of Judgement : 10.04.2015

• Determination of Caste Status of a person has to be done only by Scrutiny committee as per direction given by the Supreme Court in Madhuri Patil's case.

Date of Judgement : 09.04.2015

• The Registrar cannot exercise the power delegated to the Assistant Registrar/Deputy Registrar under Section 66 of the MP/CG Cooperative Societies Act, 1960.

Date of Judgement : 08.04.2015

• Termination of an employee, withholding material information in the verification form regarding previous criminal antecedent, is justified.

Date of Judgement : 07.04.2015

• Revaluation of answer sheet of recruitment examination cannot be directed in absence of express provision in the rules governing the recruitment.

Date of Judgement : 06.04.2015

• WP dismissed in default. Restoration application also dismissed. Fresh WP on same cause of action not maintainable as it would encourage bench hunting.
• Candidate not applying for revaluation cannot be compelled to accept reduced marks based on application moved fraudulently by some one else.

Date of Judgement : 01.04.2015

• Suo-motu revisional jurisdiction under Section 50 of the MP/CG Land Revenue Code,1959, has to be exercised by the revisional authority within reasonable time.

March 2015

Date of Judgement : 25.03.2015

• Cancellation of vendor's licence under Stamp Act; notice of proposed actiono not issued; action taken is violative of principles of natural justice.

Date of Judgement : 20.03.2015

• Non-S.C. woman marrying with a person belonging to Scheduled Caste is not entitled to avail the benefits and privilege of Scheduled Caste.

Date of Judgement : 19.03.2015

• On dissolution, all assets of partnership firm are converted into money I.e. movable property.

Date of Judgement : 13.03.2015

• Award of interest under Employee's Compensation Act, 1923 is to be from date of accident.
• Accommodation Control Act, 1961 Section 45 bars jurisdiction of Civil Court for matter covered U/s 38.

Date of Judgement : 10.03.2015

• Application under Order 7 Rule 11 of the CPC is maintainable for summary disposal of election petition if no cause of action.

Date of Judgement : 09.03.2015

• Counter Claim in Arbitration case cannot be for the first time raised before the Arbitrator without raising a claim while preparation of final Bills seeking settlement of their claim.
• There has to be specific pleading and explaining the role played by each of the accused in the issuance of cheque and how they are responsible in conducting the affairs of the business.

Date of Judgement : 04.03.2015

• An accused against whom standing warrant of arrest has been issued is not entitled for anticipatory bail.

February 2015

Date of Judgement : 26.02.2015

• Application for compassionate appointment to be considered on the basis of policy prevalent on the date of death of Board Servant.

Date of Judgement : 24.02.2015

• Order 9 Rule 8 CPC; decree not to be passed on admission of plaintiff's claim by a defendant against whom relief has not been prayed in the plaint.

Date of Judgement : 20.02.2015

• In bailable offence bail is absolute right of accused person.
• The word 'sasuralwale' includes husband and relatives of husband normally residing under same roof.
• In appropriate case, accused may be convicted under Section 306 of the IPC instead of Section 304B of the IPC without framing charge.

Date of Judgement : 19.02.2015

• In appellate jurisdiction, ordinarily court will not interfere over the finding of Arbitration Tribunal.

Date of Judgement : 18.02.2015

• Labour Court is not a Court subordinate to High Court for the purpose of Section 10 of Contempt of Courts Act, 1971.

Date of Judgement : 10.02.2015

• Sessions Court cannot exercise revisory power against an order passed by the Magistrate u/s 156(3) Cr.P.C.
• Complaint u/Sec. 200 of the Cr.P.C.; Magistrate fixing the case for evidence before registration; later on cannot proceed u/Sec. 156(3) of the Cr.P.C.
• Order by Governor u/Art 161 of Constitution pardoning and releasing a convict is not illegal, if order based on relevant material.

Date of Judgement : 09.02.2015

• Land Acq. award more than 5 years back under old Act, but neither possession taken nor compensation paid. Proceeding lapsed u/s 24(2) of new Act.

Date of Judgement : 02.02.2015

• Contempt petition is not an appropriate remedy for breach of injunction decree, remedy for such breach lies under Order 21 Rule 32 of C.P.C.
• Even if 7 clear days notice not issued before calling meeting for no confidence; resolution cannot be quashed if no prejudice is caused to Sarpanch.

January 2015

Date of Judgement : 30.01.2015

• High Court should intervene wherever injustice or arbitrariness is found and the grievance raised by the citizen needs to be remedied.
• A co-owner of a property is an owner of the property till it is partitioned. A suit for eviction of tenant by one of the co-owners is tenable.

Date of Judgement : 28.01.2015

• Publication of photograph of the borrower/guarantor by the Bank during recovery proceedind under the SARFAESI Act, 2002 not illegal.

Date of Judgement : 23.01.2015

• Creation of new disabilities, obligations or duties by way of interpretation should be avoided. Vested rights should be respected.
• Per incuriam judgments ignoring earlier views of co-ordinate or larger benches are not binding precedents.
• 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.
• Smt. Ramkunwar v. Banshilal and others is judgment per incuriam hence not a good law therefore overruled.
• Section 170-B of the Chhattisgarh Land Revenue Code, 1959 will apply to transactions done between 2-10-1959 and 24-10-1980 ONLY.

Date of Judgement : 20.01.2015

• Under first proviso to Section 43­D(2d) of the Unlawful Activities (Prevention) Act, 1967, it is sufficient if the accused is produced before the court and informed about the consideration of application for extension of detention period.
• Petitioner is an accused for the offences under Section 13(1)(a) & 13(2) of the Prevention of Corruption Act, 1988 is not entitled for anticipatory bail.

Date of Judgement : 19.01.2015

• Son get the double the share of daughter as per Hanafi law.

Date of Judgement : 15.01.2015

• Child engaged by Gharkhata Beedi Worker for rolling bidis not to be treated as child labour; Beedi manufacturer not liable for violating S.3 of Act.
• Preventive detention under NSA; at first instance exceeding 3 months, is not permissible.

Date of Judgement : 09.01.2015

• The Criminal courts are required to strike a balance between personal liberty of accused and societal interest while issuing non­bailable warrant of arrest for his presence.

Date of Judgement : 08.01.2015

• Drowning of 3 students during excursion; evidence of culpable negligence missing against accused teachers; charge sheet quashed.

Date of Judgement : 06.01.2015

• Provisions of Order 18 Rule 17 of the CPC cannot be invoked at the instance of a party for recalling a witness to prove documents.
• Offence u/S. 489 A to D of IPC are against the economy of the country and therefore applicants are not entitled for regular bail.
• Application of anticipatory bail is not entertainable for excise offence in view of Section 59 A(i) of the Chhattisgarh Excise Act, 1915.
• The Judicial Magistrate has no jurisdiction to grant custody of the vehicle seized for excise offence in view of Section 47-D of the Act of 1915.