Chhattisgarh High Court AFR Judgments

December 2017

Date of Judgement : 11.12.2017

• Elected Sarpanch cannot be removed under Section 40(1) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 without giving him a reasonable opportunity of being heard.

Date of Judgement : 09.12.2017

• Chain of circumstantial evidence must be complete to sustain conviction.
• Motive is only corroborative evidence.

Date of Judgement : 08.12.2017

• Service of Counsellor of Family Court cannot be terminated without following the principles of natural justice.
• Undue influence should have been proved to be done by direct or indirect act on the part of returned candidate or his agent to set aside the election.

Date of Judgement : 07.12.2017

• Order passed by Press Council of India imposing penalty of censure on the daily newspaper – Haribhoomi on the finding of publication of paid news, is not covered under Section 14(1) of the Press Council Act, 1978.

Date of Judgement : 05.12.2017

• So long as cheque is valid,on dishonour right to prosecute is with holder.
• Per incuriam judgements not required to be followed.



November 2017

Date of Judgement : 27.11.2017

• Minority educational institutions are not required to admit 25% students from weaker section of society as provided in Section 12(1)(c) of the Right of Children to Free and Compulsory Education Act, 2009.



Date of Judgement : 24.11.2017

• Contribution towards National Mineral Exploration Trust under Section 9C(4) of the Mines and Minerals (Development and Regulation) Act, 1957 would be payable with effect from 14-8-2015.



Date of Judgement : 21.11.2017

• Arbitral award can be interfered with only on the grounds enumerated under Section 34 (2) of the Arbitration and Conciliation Act, 1996.



Date of Judgement : 16.11.2017

• Averments of responsibilities for issuing cheque for company is required to be made in complaint under Section 138 of the Negotiable Instruments Act.



Date of Judgement : 13.11.2017

• To rebut presumption under section 113-B of Evidence Act strong rebuttal is required.



Date of Judgement : 08.11.2017

• Plaintiff having not claimed any relief for administration of a public trust nor any other relief envisaged u/S. 92 CPC, prerequisites of S. 92 is not required to be compiled. Non-service of notice u/S. 80 CPC not pleaded by the official defendants, a private party arrayed as defendants, a private party arrayed as defendant along with the state, is not entitiled to raise objection of non-compliance of S. 80 CPC.



Date of Judgement : 07.11.2017

• Chhattisgarh State Human Rights Commission is only a recommendatory body and has no power and jurisdiction to direct payment of compensation.



Date of Judgement : 03.11.2017

• Principles of res-judicata and constructive res-judicata are applicable in writ proceedings.


• Acquisition of land for Saradih Barrage Project without complying the provisions contained in Chapter-II and Chapter-III of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is unsustainable in law.



October 2017

Date of Judgement : 31.10.2017

• It is the Principal who has the right to sue an Agent for rendition of accounts under Section 213 of the Contract Act. The Agent cannot ordinarily claim a decree for rendition of accounts from the Principal.



Date of Judgement : 30.10.2017

• If on a meaningful reading of the plaint, clear right to sue is not disclosed nor any document has been filed in support of the pleaded right to sue, the suit is liable to be dismissed under Order 7 Rule 11 CPC.



Date of Judgement : 26.10.2017

• Right to property is not only constitutional right but also human right and it can be deprived of only by authority of law.



Date of Judgement : 25.10.2017

• Lack of financial resources cannot be ground to Municipal Council for not performing the statutory obligation as provided in Municipalities Act, 1961.



Date of Judgement : 13.10.2017

• Provisions under Section 41(2) of the Chhattisgarh Municipalities Act, 1961 relating to disqualification of an elected Councillor has to be construed strictly.


• Mobile towers are subject to property tax by Municipal Corporation in accordance with Section 132 of the Chhattisgarh Municipal Corporation Act, 1956 read with the Chhattisgarh Municipality (Determination of Annual Letting Value of Building/Lands) Rules, 1997.



Date of Judgement : 10.10.2017

• Compassionate appointment granted to widow of the deceased Government servant cannot be treated as 'estate of the deceased'.Widow not liable to maintain her in-laws u/s 22(1) of the Hindu Adoption and Maintenance Act, 1956.


• No Successive application under section 125(3) of the Cr.P.C is required in execution of MJC as it is continuing liability.


• Handwriting Expert's opinion can be acted upon to declare the power of attorney to be a forged document, if such evidence is corroborated by other evidence.



Date of Judgement : 05.10.2017

• Justice should not only be done, but manifestly be seen to be done.



Date of Judgement : 03.10.2017

• Suit for recovery of loan secured by mortgage would be governed under Article 62 of the Limitation Act for which limitation is 12 years from the date of accrual of cause of action.


• An elected co-operative society cannot be superseded under Section 53(1)(a) of the Chhattisgarh Co-operative Societies Act, 1960 without conferring the mandatory provision contained in Section 53(2) of the Act.



September 2017

Date of Judgement : 27.09.2017

• Liability of the surety is co-extensive with that of the borrower. Guarantee agreement authorizing the borrower to acknowledge the debt deem to extend the limitation as against the guarantor. Suit wrongly dismissed as barred by time against guarantor.


• Experience and seniority of an Advocate is to be counted from the date of enrollment with the State Bar Council.



Date of Judgement : 25.09.2017

• Providing proper education to minor children is an important aspect of their welfare, therefore, if the mother does not have sufficient source of income to provide proper education to the children, their custody should be handed over to the father, at the same time allowing visitation rights to mother.



Date of Judgement : 21.09.2017

• The petitioner notified as Scheduled Caste in relation to State of Madhya Pradesh is not entitled for benefit of Scheduled Caste status in State of Chhattisgarh.



Date of Judgement : 20.09.2017

• Land to be acquired for construction of Arpa Bhaisajhar Barrage Project / construction of canal cannot be quashed, as right to water is right to life – fundamental right under Article 21 of the Constitution of India.



Date of Judgement : 19.09.2017

• Clear intention on the part of the wife to permanently forsake and abandon the husband without his consent and reasonable cause proved. Decree of divorce on the ground of desertion allowed in favour of the husband.



Date of Judgement : 15.09.2017

• Prosecution may chose to cite person as a witness despite material against him when more serious accused are to be prosecuted.


• Exercise of power u/s 319 of Cr.P.C., can be invoked after trial proceeds.



Date of Judgement : 12.09.2017

• An independent proceeding under section 27 of the Hindu Marriage Act, 1955 for return of Streedhan is not maintainable when any other proceeding under the Act is neither decided nor pending.


• Sealing of the office of the petitioner Association by the District Magistrate in exercise of power under Section 144(1) CrPC is violative of the petitioner's fundamental right under Article 19(1)(g) of the Constitution of India to carry-on trade and business.



Date of Judgement : 11.09.2017

• Refusal to rehabilitate the land oustee family as per award is violative of Article 21 of the Constitution of India.


• The benefit of rehabilitation and employment to land oustee is logical corollary of Article 21 of the Constitution of India and denial of employment is violative of Articles 14 and 15 of the Constitution of India as well as Article 21.



Date of Judgement : 07.09.2017

• Chhattisgarh Rajya Anusuchit Jan Jati Aayog has no jurisdiction to entertain service dispute relating to up-gradation of ACR and promotion from retrospective date.



August 2017

Date of Judgement : 31.08.2017

• Decree for judicial separation cannot be allowed under Section 13A of the Hindu Marriage Act, 1955, if grounds for divorce under Section 13 of the Act is not made out.
• Divorce suit not pleading absence of collusion between parties, plaint not properly constituted, deserves outright dismissal.



Date of Judgement : 29.08.2017

• Court has to strike proper balance while sentencing.



Date of Judgement : 25.08.2017

• Divorce by mutual concent under Section 13-B Hindu Marriage Act cannot be granted if one of the party is absent to accord consent on the date of order.


• Decree for specific performance cannot be allowed in favour of plaintiff, who is in the business of real estate, having not shown his readiness and willingness to pay the balance sale consideration.



Date of Judgement : 24.08.2017

• Proceeding before the State Election Commission is quasi-judicial in nature therefore, the principles of natural justice are required to be followed strictly.


• The material fact of wife suffering from Schizophrenia even before marriage was not disclosed to the husband while obtaining his consent for marriage, therefore, the marriage deserves to be declared a nullity under Section 12(1)(c) of Hindu Marriage Act, 1955.



Date of Judgement : 23.08.2017

• Non-establishment of new slaughter-house by Municipal Corporation,Raipur, is violative of fundamental right of meat sellers affecting their livelihood, which is included in right to life enshrined in Article 21 of the Constitution of India.



Date of Judgement : 22.08.2017

• Merely on the allegation that accused (mother-in-law) was alleging that the deceased (daughter-in-law) was having illicit relationship or extra marital relation with her father-in-law would not come within the definition of 'cruelty' u/S 498-A IPC for satisfying the ingredients of abetment to commit suicide u/S 306 IPC.


• Distinction between banker's lien and right to set-off pointed out.



Date of Judgement : 21.08.2017

• Statement of injured withness can be relied to vicariously convict the accused.



Date of Judgement : 18.08.2017

• Offence u/s 143(2) of the Railway Act, 1989 prescribes punishment upto 3 years along-with power of I.O. , to grant bail would be bailable.



July 2017

Date of Judgement : 26.07.2017

• No effort to serve the defendant by ordinary mode. Procedure prescribed for service of notice provided under Order 5 CPC not followed. Ex parte decree of divorce to be set aside.



Date of Judgement : 21.07.2017

• Reference under Section 18 of the Land Acquisition Act moved within time. Land holders are impliedly not satisfied with the award amount. Reference application maintainable even if protest not recorded at the time of acceptance of amount.


• In absence of fact, opinion cannot be pleading or evidence.



Date of Judgement : 20.07.2017

• Spouse making false allegation of illicit relation would constitute mental cruelty, therefore, the other spouse is entitled to a decree of divorce.



Date of Judgement : 19.07.2017

• Proof of adultery as a matrimonial offence is required on the principle that in proportion as the offence is grave so ought the proof to be clear.


• If relevant, the police cannot withheld any evidence during enquiry if supports accused.



Date of Judgement : 17.07.2017

• Order passed in proceedings seeking custory of minors under the Guardians and Wards Act, 1890 is temporary in nature, therefore, principles of res judicata do not apply in subsequent proceeding filed on the basis of subsequenct events.


• Election petition has to be filed personally.



Date of Judgement : 05.07.2017

• Court can order of test of DNA in case of eminent need.



Date of Judgement : 03.07.2017

• In absence of proved misconduct or new adverse fact; bail cannot be cancelled.



June 2017

Date of Judgement : 29.06.2017

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



Date of Judgement : 28.06.2017

• The Arbitrator exceeds his jurisdiction if he ignores any express bar contained in the contract. Failure of the Arbitrator to adjudicate counter claim in an error of law on the face of the award. If the Arbitrator fails to pass reasoned award despite request by the parties, the same amounts to commission of serious illegality.



Date of Judgement : 19.06.2017

• Circumstances if creates situation for suicide it may be abetment.


• Proceeding for reassessment under Section 147-148 of the Income TaxAct, 1961 cannot be initiated on the basis of report of the Assistant Valuation Officer (proceedings quashed).



May 2017

Date of Judgement : 19.05.2017

• Civil Procedure Code, 1908 - Order 7 Rule 11 - Rejection of plaint - Chhattisgarh Public Trusts Act, 1951 - Section 8 - Maintainability of suit - A Civil Suit would lie under Section 8 of the Public Trusts Act, 1951, if the application filed under Section 9 of the Act of 1951 is decided.



Date of Judgement : 18.05.2017

• Persons belong to Scheduled Caste in a State of origin shall get benefit in that State.



Date of Judgement : 17.05.2017

• Under 'exclusive jurisdiction' clause in the arbitration agreement, the dispute is to be adjudicated at the place mentioned in the agreement and not at any other place.



Date of Judgement : 16.05.2017

• The 'Break in Service' caused due to illegal termination, which later on got set aside, has to be treated for all practical purpose as period spent on duty.


• Writ petition is not the remedy against an order terminating the mandate of Arbitrator u/S 25 or 32(2)(c) of Arbitration & Conciliation Act, 1996. Remedy lies in filing application u/S 14(2) of the 1996 Act before the Principal Civil Court of original jurisdiction.



Date of Judgement : 08.05.2017

• In service matters, mere suit for declaration as to a legal right or entitlement is maintainable and the plaintiff need not seek any further relief.


• Property of Union of India (South Eastern Railway) is exempted from payment of service charges by virtue of provisions contained in Article 285(1) of the Constitution of India.



Date of Judgement : 05.05.2017

• Criminal Appeal cannot be dismissed for want of prosecution.



April 2017

Date of Judgement : 28.04.2017

• Investigation cannot be ordered for on inadmissible and hearsay evidence.



Date of Judgement : 26.04.2017

• Failure to attain the highest standard of efficiency in performance of duty permitting an inference of negligence would not constitute in the context of Rule 3(1) of the C.G. Civil Service (Conduct) Rules, 1965.


• Special Judge (POSCO) has jurisdiction under POSCO Act to award compensation to victim.



Date of Judgement : 25.04.2017

• Cognizance for non-cognizable offence can be taken without police complaint when coupled with cognizable offence.



Date of Judgement : 19.04.2017

• Shiksha Karmi appointed by Janpad Panchayat is not entitled for age relaxation at par with Government Servant.



Date of Judgement : 13.04.2017

• Land belonging to a tribal holder falling in Scheduled Area cannot be sold even with the permission of the Collector in view of Section 165(6)(i) of thr CG Land Revenue Code,1959. Any sale transaction of such land between tribal holder and non-tribal holder is void.



Date of Judgement : 12.04.2017

• Presence of mens rea is a necessary constituent for imposing penalty under Section 78 of the Finance Act, 1994.



Date of Judgement : 07.04.2017

• Once motion of no confidence is passed against Sarpanch or Up-Sarpanch under Section 21 (1) of the Panchayat Raj Adhiniyam, 1993, Sarpanch or Up-Sarpanch ceases to hold the office forthwith, therefore,nothing remains for the Collector to stay the operation of the resolution.



Date of Judgement : 06.04.2017

• Order directing inquiry by C.B.I/N.I.A. can be passed only in exceptional situation. Such power and jurisdiction has to be exercised sparingly and in most appropriate cases. P.I.L. dismissed with cost.


• Policy decision of the State Government cannot be interfered with unless it is contrary to the statutory provisions / provisions of the Constitution of India.


• Female is included within the meaning of relative under Section 2 (9) of the Protection of Women from Domestic Violence Act, 2005 and can be tried under that Act.



March 2017

Date of Judgement : 16.03.2017

• Every citizen has a fundamental duty to preserve and conserve the water bodies.

Date of Judgement : 09.03.2017

• Civil Procedure Code, 1908- S.10- Stay of Suit.- Whether proceedings under Section 372 of the Indian Succession Act, 1925 could be stayed- No. S.10 applies only in a suit, therefore proceedings initiated under Section 372 of the Indian Succession Act, 1925 can not be stayed under this provision as the same is a summary proceeding and can not be equated with a suit.

Date of Judgement : 17.03.2017

• Petitioner, who is unmarried daughter of freedom fighter (Quit India Movement) is entitled for freedom fighter pension.
• Gratuity is a property within the meaning of Article 300-A of the Constitution of India and as such constitutional right.

Date of Judgement : 09.03.2017

• During implementation of Strategic Debt Restructuring Scheme wherein majority of lenders are participating, it may not be sound exercise of judicial discretion to proceed in the winding up petitions preferred by some of the lenders/vendors.

Date of Judgement : 07.03.2017

• Deceased dying on account of Septic Shock with Septicaemia and not directly on account of injuries suffered, the conviction under Section 302 of IPC converted to Section 304 Part I of IPC.
• Second proviso to Rule 9(1) of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 is directly in nature.
• Once the Court has come to the conclusion that the dying declaration is truthful version as to the circumstances of the death and the assailant of the victim, it does not need any corrobration and conviction is permissible solely on the basis of dying declaration.

Date of Judgement : 03.03.2017

• When land holder is qwarded less compensation for reduced area than the area actually used by the Govt. the dispute would fall within the jurisdiction of the Authority u/s 51 r/w Sec. 64 of the Right to Fair Compensation and Transparency in Land Acquistion, Rehabilitation and Resettlement Act, 2013.

Date of Judgement : 02.03.2017

• Even when the mortgaged property belongs to guarantor, the borrower would be a person aggrieved for filing appeal under Section 17 of the SARFAESI Act, 2002.

February 2017

Date of Judgement : 23.02.2017

• Period of limitation for assessment under Chhattisgarh VAT Act having expired before issuance of extension notification. Assessment not permissible as the limitation has expired.

Date of Judgement : 20.02.2017

• Delayed disclosure to the Police about the alleged extra judicial confession made by the accused, despite prior meeting of the witnesses with the Police, would make the evidence untrustworthy.
• Contingency paid employees of Chhattisgarh State Power Holding Company Limited are entitled for maternity leave under Section 38 of the Chhattisgarh Civil Services (Leave) Rules, 2010.

Date of Judgement : 17.02.2017

• Retiral benefits including pension and gratuity of a retiring government servant should be paid on the date of his retirement.

Date of Judgement : 13.02.2017

• Extra judicial confession about the manner in which the murder has been committed is not finding support or corroboration from the medical opinion; the said extra judicial confession would be highly unsafe to convict the accused.

Date of Judgement : 09.02.2017

• Bar of one year for bringing fresh motion of no confidence as provided u/S 21(3)(iii) of CG Panchayat Raj Adhiniyam is not attracted when the motion of no confidence was rejected on technical grounds without being put to vote.

Date of Judgement : 02.02.2017

• Provisions of the Code of Civil Procedure do not stricto sensu apply to "industrial adjudication".
• On the death of a complainant the legal representatives can step into the shoes of the complainant and seek for further prosecution of the complaint case.

January 2017

Date of Judgement : 31.01.2017

• District-level Caste Scrutiny Committee had no jurisdiction to revoke the caste-status of the candidate as on 16-12-2003.

Date of Judgement : 25.01.2017

• When election has not taken place, a candidate whose nomination paper was rejected, cnnot file an election petition under Section 122 of the Panchayat Raj Adhiniyam. Writ Petition is maintainable to challenge rejection of nomination paper.

Date of Judgement : 24.01.2017

• Writ petition against the show-cause notice is maintainable, if notice is issued with pre-meditation.
• Conviction for murder; Handwriting Expert's opinion pertaining to ransom letter cannot from the basis for conviction, moreso, when specificmen handwritings were obtained by the investigating officer and not in the court.

Date of Judgement : 06.01.2017

• Application for termination of mandate of an Arbitrator under Section 14(1) of the Arbitration and Conciliation Act, 1996, is maintainable before the principal Civil Court of original jurisdiction i.e. the District Judge and not before the High Court.

Date of Judgement : 04.01.2017

• The award passed by the Permanent Lok Adalat can be challenged by party to dispute under Article 226/227 of the Constitution of India.

Date of Judgement : 03.01.2017

• In a case of circumstantial evidence, the conviction is not sustainable only on account of recovery of bloodstained articles from the accused unless there are other corroborative evidence.
• A female Government servant, who has begotten a child by procedure of surrogacy, is entitled for maternity leave under Rule 38 of the Chhattisgarh Civil Services (Leave) Rules, 2010.

Date of Judgement : 02.01.2017

• Direction issued to the State and the PSC for consideration /providing reservation to the persons with disabilities on the cadre post of the State Administrative Service.
• In case of conflict between Rules framed under proviso to Article 309 of the Constitution of India and executive instruction, Rules will prevail.
• The decisions rendered by the M.P. High Court prior to 1-11-2000 are binding on the Chhattisgarh High Court on the principle of comity.
• In case of termination of petroleum dealership, writ petition challenging termination is maintainable.