Chhattisgarh High Court AFR Judgments

December 2016

Date of Judgement : 23.12.2016

• Copy of FIR to accused cannot be refused except in sensitive cases.

Date of Judgement : 13.12.2016

• CPC or Limitation Act has no application in writ proceeding or restoration / review / modification in a writ petition.

Date of Judgement : 09.12.2016

• The remedy available under the Consumer Protection Act, 1986 is an additional remedy for consumers and not in derogation of remedy available under Section 8-B of the Indian Telegraph Act, 1885.
• Presence of percentage of narcotic drug or psychotropic substance in composition of medicine can-not be calculated separately.

Date of Judgement : 07.12.2016

• Freight charges are part of sale price, therefore, it is to be included in the taxable turnover under the CG VAT Act.

Date of Judgement : 02.12.2016

• Execution of eviction decree can proceed against one of the legal heirs of deceased tenant because all the legal heirs are joint tenants and not tenants in common.

Date of Judgement : 01.12.2016

• In a writ of quo warranto, suitability of the public officer cannot be gone into.

November 2016

Date of Judgement : 29.11.2016

• Medical evidence is only an opinion, therefore, not conclusive. It can be acted upon only when necessary corroboration is available.

Date of Judgement : 25.11.2016

• Requirement of depositing 75% of award amount under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006, is mandatory in nature.

Date of Judgement : 18.11.2016

• Application for temporary leave (parole) has to be decided by District Magistrate keeping in view that the object of parole is to rehabilitate the convicted prisoner.

Date of Judgement : 11.11.2016

• Provisions of Sections 8(1) and 8(2) of the Arbitration and Conciliation Act, 1996 are mandatory in nature.

Date of Judgement : 08.11.2016

• Educational qualification is not a qualification prescribed for the post of Kotwar in Kotwari Rules.

Date of Judgement : 07.11.2016

• The Chhattisgarh Rajya Anusuchit Janjati Ayog has not been conferred with the adjudicatory function and its functions are only advisory in nature.
• Assets left behind by deceased husband are liable to be proceeded against in the hands of legal heirs for satisfaction of the decree for maintenance.
• Application for compassionate appointment filed by the dependent of a Government servant who died prior to 1-11-1997 cannot be considered by the Government of Chhattisgarh in view of policy decision of the State Government.

October 2016

Date of Judgement : 27.10.2016

• Transfer of criminal case not permissible on imaginary or artifical apprehension that justice may not be done.

Date of Judgement : 25.10.2016

• In absence of motive, evidence of last seen together may not alone be sufficient to convict the accused for murder.
• Applicability of principles of res gestae explained and reiterated.

Date of Judgement : 24.10.2016

• Statutory presumption is always in framing of charge until demonstrated otherwise.
• Indirect control by Government over an office will not render it as office of profit.

Date of Judgement : 20.10.2016

• Bade jhad ka jangal cannot be allotted by State authorities without prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.

Date of Judgement : 07.10.2016

• The Claims Tribunal constituted under the provisions of the Motor Vehicles Act, 1989 has no power and jurisdiction to review its award on merits, but the Tribunal can review its award to correct procedural as well as inadvertent mistake and in case of fraud.

Date of Judgement : 06.10.2016

• Bail application u/s 438 Cr.P.C., at the behest of juvenile would lie. The issue referred to larger Bench.

September 2016

Date of Judgement : 19.09.2016

• Ad valorem Court fees is payable even when plaintiff, executant of sale deed alleges fraud.

Date of Judgement : 15.09.2016

• Father-in-law is liable to maintain widowed daughter-in-law to the extent of share of her late husband in the coparcenary property.
• Assaulting the wife and creating nuisance at her work place in a state of intoxicatin would amount to 'cruelty' for obtaining decree of divorce.

Date of Judgement : 08.09.2016

• Person raising contruction on land belonging to another would be a "person interested" under section 2(d) of the Coal Bearing Areas (Acquisition and Devlopment) Act, 1957 to claim compensation.
• Decree passed against a minor or a person of unsound mind without appointing his guardian is void.

Date of Judgement : 05.09.2016

• Scope of judicial review in contractual matter by the Court under Article 226 of the Constitution of India restated.

Date of Judgement : 02.09.2016

• Counting of votes for the post of Vice President, Nagar Panchayat, Bodri has to be made strictly in accordance with Chhattisgarh Municipalities (Election of Vice President) Rules, 1998.

Date of Judgement : 01.09.2016

• Tax applicable to a Deluxe Bus cannot be demanded only on the basis that it has push back or recilining seats.

August 2016

Date of Judgement : 30.08.2016

• Death sentence awarded by the Additional Sessions Judge is commuted to imprisonment for life finding that it is not the rarest of rare case.

Date of Judgement : 29.08.2016

• In suits falling u/s. 7(iv) of the CF Act, claim for the purpose of court fees and for jurisdiction should be the same. Person not executing the sale deed in question not liable to pay and valorem court fee.

Date of Judgement : 08.08.2016

• Company unable to pay debt/tax to the Government Judicial discretion to direct winding up should not be exercised.

Date of Judgement : 03.08.2016

• Similarly placed land outstees should be treated equally for rehabilitation/employment as per policy on the date of taking over possession.

Date of Judgement : 02.08.2016

• Letter requesting for arbitration is sufficient compliance of Section 387(2) of Mun. Corp. Act, 1956.

July 2016

Date of Judgement : 29.07.2016

• Any hunting made within Reserved Forest would be non-bailable.

Date of Judgement : 26.07.2016

• Brief description of land mentioned and plan was made part of notification making it available for inspection; notification u/S 3A of NH Auth. Act fulfills requirement of law.

Date of Judgement : 22.07.2016

• Petition for return of Stridhan to be filed in form of plaint; ad valorem court fee not payable on such petition, only fixed court fee of Rs. 40/- payable.

Date of Judgement : 08.07.2016

• The Chhattisgarh Madhyastham Adhikaran has inherent power under Section 17-A of the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 to restore reference petition for hearing on merits.

June 2016

Date of Judgement : 14.06.2016

• Directions with regard to proper utilization of public funds by Government officials and Departments issued qua the Chhattisgarh Store Purchase Rules, 2002 as amended in 2004.

Date of Judgement : 13.06.2016

• Directions issued to the Government authorities to comply the Chhattisgarh Motor Vehicles Rules, 1994 as well as the amended Rules 76B and 76C, particularly with regard to school buses.

May 2016

Date of Judgement : 12.05.2016

• The prosecuting agency should be circumspect in initiating prosecution under Section 21(2) of the POSCO Act against the In-charge/Head of the Institution and should allow them sufficient/reasonable time to enquire & report the matter.
• The Adjudicating Officer under fss Act of 2006 is required to make an enquiry before imposing penalty over the person charged for violation of Section 26(2) of the fss Act of 2006.

April 2016

Date of Judgement : 29.04.2016

• The Station House Officer of Police Station can transfer the case diary of cognizable offence only after completion of investigation to the Police Station having jurisdiction.
• In order to maintain a writ petition questioning appointment of a person, the writ petitioner must be a person qualified for the post/non-appointee.

Date of Judgement : 18.04.2016

• Mere acquittal in criminal case is not a ground for reinstatement, if the termination is outcome of a departmental enquiry.

Date of Judgement : 13.04.2016

• A Government servant cannot hold two substantive posts at the same time.

Date of Judgement : 12.04.2016

• Principles of promissory estoppel or legitimate expectaion would not apply to allot shops by Municipality contrary to the Rules of allotment.
• A member of District Consumer Redressal Forum on completion of his/her tenure has no vested right for re-appointment.

Date of Judgement : 11.04.2016

• A person detained in jail despite the order of release by the appellate Court is entitled for compensation of his illegal detention for breach of his fundamental right under Article 21 of the Constitution of India.

Date of Judgement : 05.04.2016

• Vehicle seized under Section 39(1)(d) of Wild Life (Protection) Act, 1972 cannot be property of the Government unless finding is recorded by Criminal Court that vehicle is used for commission of offence.

March 2016

Date of Judgement : 28.03.2016

• Post of Chief Executive Officer, Janpad Panchayat has to be filled up in accordance with the Rules of 2006, it cannnot be filled up by Deputy Collector.

Date of Judgement : 22.03.2016

• Agreement providing for arbitaration by the CG Arbitaration Tribunal. Section 9 and 11(6) of the Arbitration and Conciliation Act, 1996 would not apply.

Date of Judgement : 18.03.2016

• Cadre post of Labour Commissioner to be filled by cadre officer (member of IAS), cannot be filled by member of IFS.

Date of Judgement : 15.03.2016

• The National Coal Wage Agreement (NCWA) has a force of law; terms of NCWA should be fair & reasonable and should not be opposed to law.

Date of Judgement : 08.03.2016

• A person suspected of an offence cannot be forced to undergo Narco-analysis, BEAP and polygraph tests without his consent. Presumption of innocence is human right.

Date of Judgement : 04.03.2016

• The courts should not make adverse remarks agianst party/litigant unless really necessary for just decision of the case and opportunity of hearing should be afforded before making such remarks.
• Petitioners/dealers carrying-on their business in railway area are liable to pay entry tax under the Chhattisgarh Sthaniya Kshetra Me Mal Ke Pravesh Par Kar Adhiniyam, 1976.

February 2016

Date of Judgement : 26.02.2016

• Lok Aayog has no jurisdiction and authority to pass orders directing departmental enquiry and consequent recovery, it can only make recommendations for such an action.

Date of Judgement : 25.02.2016

• The trial Magistrate / Judicial Magistrate has no jurisdiction to directly take cognizance of the offence under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, it is the Special Court under Section 14 of the Act of 1989 who has jurisdiction under the Act of 1989.

Date of Judgement : 18.02.2016

• Order of 'acquittal' in the order sheet is not judgment unless a reasoned judgement is signed and dated on the date of delivery of judgement of acquittal.
• Selection on the post of District Judge (Entry Level) has to be made in accordance with the Chhattisgarh Higher Judicial Service (Recruitment and Conditions of Service) Rules, 2006.

Date of Judgement : 09.02.2016

• Sarpanch cannot file writ petition or return or enter into compromise in his name on behalf of Gram Panchayat.

Date of Judgement : 05.02.2016

• Writ of quo warranto should be issued where clear infringement of law is established by the writ petitioner.

Date of Judgement : 02.02.2016

• Selection and appointment on the post of Civil Judge (Entry Level) has to be made in accordance with the Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006.

January 2016

Date of Judgement : 21.01.2016

• Denial of benefit of rehabilitation, which includes employment, to a married daughter of affected family is violative of Articles 14 and 15 of the Constitution of India.

Date of Judgement : 18.01.2016

• A dependant of the deceased SECL employee having opted & obtained benefit of monetary compensation, cannot claim for dependant employment based on doctrine of election.
• Widowed daughter-in-law is entitled to be considered for compassionate appointment.

Date of Judgement : 14.01.2016

• In a proceeding for writ of quo-warranto, suitability of holder of the public office cannot be examined.

Date of Judgement : 13.01.2016

• Distinction between social vertical reservation and social horizontal reservation and manner of distribution of horizontal reservation posts pointed out.

Date of Judgement : 06.01.2016

• Denial of compassionate appointment to son of the deceased FCI employee on the ground of his marriage is violative of Articles 14 and 15 of the Constitution of India.

Date of Judgement : 04.01.2016

• Provident Fund Commissioner is obliged to make enquiry under sub-section (3A) of Section 7A of the EPF Act before deciding applicability dispute and determining PF dues.
• No writ of mandamus can be issued to the Registrar, Cooperative Societies to amend the rules.
• In order to forfeit gratuity of terminated employee u/s 4(6)(b)(ii) of PG Act, 1972, his conviction for an offence involving moral turpitude is mandatory.