Chhattisgarh High Court AFR Judgments

December 2018

Date of Judgement : 14.12.2018

• In order to set aside the election of President, Nagar Panchayat,material fact regarding criminal case that charges have been framed or cognizance has been taken, has to be specifically pleaded.
• The application for remission of court fee has to be decided expeditiously and promptly.

Date of Judgement : 12.12.2018

• Conveyance, if not duly stamped,is inadmissible in evidence.

Date of Judgement : 11.12.2018

• In order to lead secondary evidence under Section 65 of the Indian Evidence Act, 1872, no separate application is required.

Date of Judgement : 10.12.2018

• In exercise of power u/Art. 226 of the Constitution, High Court is not entitled to prescribe a new method of counting of VVPAT paper trail than the one prescribed by the Election Commission in view of Art. 324 & 329 (b).

Date of Judgement : 07.12.2018

• A civil Court does not grant leave to file another suit.
• Correction of date of birth at the flag end of the service with no substantive material in respect of the claimed date of birth is not sustainable.

Date of Judgement : 06.12.2018

• An employee/officer designated for the time being by the Govt. for the conduct of election, shall be deemed to be on deputation to the Election Commission. Such officer during that period would be subject to control, superintendence and discipline of the Election Commission.
  Placing a person under suspension during the said period would also be on the Election Commission.

Date of Judgement : 04.12.2018

• Shiksha visharad from Hindi sahitya Sammelan Allahabad is not equivalent to B.Ed degree.
  Hindi sahitya Sammelan is not a recognised educational institution. they have no authority to confer, degree, diploma or certificate of equivalence.

Date of Judgement : 05.12.2018

• Award passed by the Claims Tribunal can be executed in accordance with the provisions contained in the Code of Civil Procedure, 1908.

Date of Judgement : 03.12.2018

• Plaint should not be dismissed when the facts suggest plea pf limitation which is mixed question of facts and law especially after filing written statement and framing of issues.
• News paper do not enjoy special priviledge, in a suit for damages, defence of public good not available in absence of fact.
• Aboriginal tribes have right to development, their right in the property is inalienable and their land cannot be auctioned for recovery of loan amount without permission from the Collector.

November 2018

Date of Judgement : 30.11.2018

• Land allotted to a Kotwar either by Ex-malguzar/Ex-Proprietor or by the Government under the CGLRC, 1959 remains a service land.Conferment of Bhumiswami right to Kotwar or his descendans is not permissible in law.
• 10 years period is very long period for approaching the High Court for invoking Writ jurisdiction, while challenging an order, the petition hit by delay and latches.

Date of Judgement : 29.11.2018

• Property right of aboriginal tribe cannot be lost by proving the plea of adverse possession in view of Section 165(6) of the Chhattisgarh Land Revenue Code, 1959.

Date of Judgement : 27.11.2018

• Any decision delivered by a Bench of larger strength would be binding on any subsequent Bench of lesser or coequal strength.
• If material error is apparent order can be revised.

Date of Judgement : 26.11.2018

• Restricted & literal meaning of family under Section 2(e) of C.G. Accommodation Control Act, 1961 would defeat the object of Act.
• Giving an option to leave job at other place or to join husband, non-adherence there to by wife will not be a wilfull desertion.
• Wife cannot be treated as a hired chattel by husband.

Date of Judgement : 22.11.2018

• In absence of permission of Court disposal of property of minor would be voidable.
• Private tank, not being holding u/s 2(1)(i) of CGLR Code, 1959, cannot be exchanged with govt. grass land u/s 167 of the Code.

Date of Judgement : 19.11.2018

• Kisan word cannot be treated to be within schedule tribe automatically to invoke Scetion 170 B of the Chhattisgarh Land Revenue code, 1959.
• Sale transaction before 02nd October, 1959 would be saved from application of Scetion 170 B of the Chhattisgarh Land Revenue Code.

Date of Judgement : 16.11.2018

• Threat to cause death or hurt to the person kidnapped not established by the prosecution. Offence under Section 364-A IPC would not be made out.

Date of Judgement : 15.11.2018

• The suit filed by the plaintiff claiming the declaration that he is owner of the suit property is barred by Section 4(1) of Act of Benami Transaction Act (Prohibition) Act, 1988

Date of Judgement : 14.11.2018

• Material facts in the election petition must be pleaded and established in order to question the election of elected candidate of Municipal Council / Nagar Panchayat.

October 2018

Date of Judgement : 30.10.2018

• Compromise application before the Lok Adalat not signed by the parties. Award by Lok Adalat is a nullity.

Date of Judgement : 29.10.2018

• The conduct of the arbitral proceeding should speak itself to draw inference of impartiality.

Date of Judgement : 27.10.2018

• The High Courts and the Labour courts are required to see whether it would be equitable and justified on the date of judgement to order reinstatemnent in the factual backdrop of each case.
  In a given case it can mold the relief to the extent of granting compensation in lieu of reinstatement.

Date of Judgement : 26.10.2018

• Appeal under Section 96-100 of the Code of Civil Procedure can also be preferred by a person whose legal right is prejudicially affected by a decree passed by the Court.

Date of Judgement : 24.10.2018

• Obligation of son to maintain his parents is not just a duty, it is dharma also.
• Sound financial stability of father cannot be the sole criteria over welfare consideration of child for custody qua mother.
• To implement any work,statutory body can not shelve the rules and statute to succum to the whims of an officer.

Date of Judgement : 23.10.2018

• When there is contest between secrecy of ballot and free, fair & purity of elections, the former has to yield to the later.

Date of Judgement : 22.10.2018

• Person who participates in an enquiry pursuant to show cause notice without objection, cannot afterwards question the show cause notice as without jurisdiction.

Date of Judgement : 12.10.2018

• The word 'Court' defined u/S 2(1)(e) of the Arbitration and Conciliation Act, 1996 would include the Court of Additional District judge, therefore, the application u/S 34 or 36 of the Act, 1996 can be decided by the Additional District Judge(s) upon being made over by the District Judge.
• Will as an instrument of testamentary disposition of property, carries with it an overwhelming element of sanctity.

Date of Judgement : 10.10.2018

• State/Local Body failing to discharge its public duty in controlling the stray/rabid dog, resulting in death of an individual. State is liable to pay compensation of Rs. 10.00 lacs to the victim's family.

Date of Judgement : 11.10.2018

• To Prove a WILL unimpeachable and trustworthy evidence has to be produced before the Court.
• Bill of Exchange to be honoured to holder in due course under Section 9 of the N.I Act when satisfies subjective test of good faith by holder.
• Review of an order of punishment by the Disciplinary Authority is not permissible beyond six months form the date of punishment.
• Review of a punishment by Disciplinary Authority also can not be entertained without affording a reasonable opportunity of hearing to the employee

Date of Judgement : 09.10.2018

• Document filed in appellate stage if throws light to germane issue to pronounce judgement may be admitted.
• Section 41(h) of the Specific Relief Act, 1963 bars grant of permanent injunction under Section 38 of the Act, when equally efficacious relief can be obtained in another mode of proceeding.
• It is entirely upon the competent authority to decide when, where and at what point of time a public servant has to transferred.
• An employee does not have a vested right to work at a particular place.
• The Courts would not interfere with a transfer & posting made on Administrative Ground.

Date of Judgement : 08.10.2018

• Timely delivery of justice in civil cases is a part of human right.

Date of Judgement : 06.10.2018

• Transfer by coparcener of his undivided interest in coparcenary property by a gift is void.

Date of Judgement : 01.10.2018

• Non-appointment of Presenting Officer in the Departmental Enquiry by the department would render the entire enquiry vitiated.
• For consideration of Compassionate Appointment on the death of an employee in the contigency establishment, the deceased need not be a regular employee but could be a permanent Gangman also.

September 2018

Date of Judgement : 28.09.2018

• A citizen has no fundamental right to carry-on any trade or business in liquor, as trade in liquor has been regarded as res extra commercium, but once the State permits trade and business in liquor, it cannot discriminate between person or suppliers who are qualified to carry-on trade or business.

Date of Judgement : 26.09.2018

• The set-off granted by the Court u/s 428 Cr.P.C.,against the term imprisonment imposed on a person will prevail over the Executive Instructions.

Date of Judgement : 25.09.2018

• Claims Tribunal under the Motor Vehicles Act can correct only procedural defect and cannot review its award on merits.
• A Registered society, not substantially financed by the appropriate government, is not a public authority within the meaning of section 2(h) of the RTI Act. No direction can be issued to search Society for providing information to an individual.

Date of Judgement : 19.09.2018

• Rights on property must be granted as per law and it cannot be granted by Courts on humanitarian consideration.
• Relatives other than those mentioned in the Explanation to clause “C” of sub section (1) of Section 40 of Panchayat Raj Adhiniyam can not be considered as Relatives, dis-entitling a person appointment for the post of Anganbadi Worker.

Date of Judgement : 18.09.2018

• Mandatory provisions of Section 13 (3-A) of the SARFAESI Act not compiled with by the creditor. All subsequent action vitiated.

Date of Judgement : 14.09.2018

• There is difference between 'advance amount' and 'earnest money' paid while executing sale agreement. Precision and clarity in clauses of contract is necessary to justify forfeiture of earnest money.

Date of Judgement : 13.09.2018

• Application under Order 21 Rule 29 of the Code of Civil Procedure to stay execution of decree has to be granted on making an extra-ordinary case.
• When the suit suffers from substantial defects and not merely "formal defects", application for withdrawal of suit under Order 23 Rule 1(3) CPC deserves to be rejected.

Date of Judgement : 11.09.2018

• “Frooti” is a beverage within Entry 14 of Schedule-II of the Chhattisgarh Entry Tax Act, 1976 and would be charged at the rate of 2%.

Date of Judgement : 06.09.2018

• Revenue Court (Tahsildar) is not a court sub-ordinate to Civil Court, therefore, no injunction can be granted against Revenue Court.

Date of Judgement : 05.09.2018

• Unnatural behaviour of wife disclosed by husband and corborrated by doctor as paranoid scizophrenia can be a ground of divorce.
• When there is irretrievable breakdown of marriage divorce can be granted.

Date of Judgement : 04.09.2018

• Misuse of power would be malice under law.

August 2018

Date of Judgement : 29.08.2018

• Principle of merger would not apply where the appeal is dismissed by not condoning the delay in filing the appeal.
• Gram Panchayat is entitled to dispose of abadi land in accordance with the Rules framed under Section 244 of the Chhattisgarh Land Revenue Code, 1959 and permission of the State Government under the Chhattisgarh Panchayat Raj Adhiniyam, 1993 is not necessary.

Date of Judgement : 28.08.2018

• Necessary particulars as required under Section 70 of the Motor Vehicles Act, 1988 not provided in the application for grant of stage carriage permit. Application could have been considered in view of the requirment of statute.

Date of Judgement : 27.08.2018

• Builder showing photograph of Swimming Pool in the broacher is bound to provide this facility considering the object and reasons of the Real Estate (Regulation and Development) Act, 2016 (RERA Act), which is for the benefit of flat/home buyers.
• Writ court is a court within the meaning of Section 14(2) of the Limitation Act, 1963.
• The locus standi not be a bar where institutional supremacy is considered in given facts.
• Different parts of same section are equally applicable to each other.
• The proceedings initiated on the basis of recommendation of the Committee is vitiated for want of law under HNLU Act, 2003.

Date of Judgement : 23.08.2018

• Power of the Board of Revenue under Section 8 of the Chhattisgarh Land Revenue Code, 1959, is only administrative in nature subject to its appellate and revisional jurisdiction.

Date of Judgement : 20.08.2018

• Orders passed by the authorities under the CG Ceiling On Agricultural Holdings Act, 1960 is not amenable to review, as the statute does not confer, express or imply power of review.
• Under Section 71(3)(a) of the Motor Vehicles Act, 1988, Regional Transport Authority has no jurisdiction to fix limit for grant of stage carriage permits.

Date of Judgement : 17.08.2018

• Prosecution under the Prevention of Food Adulteration Act launched after the shelf-life period of product will not sustain.

Date of Judgement : 14.08.2018

• Power of review can be excrcised for correction of apparent mistake and substitution of views by appeal.
• Ignorance of law is no excuse, but there is no presumption that every person knows the law.
• Pregnant girl commited suicide on refusal of marriage, abatement can be inferred as the girl cannot be commodity of use & throw.

Date of Judgement : 10.08.2018

• Object of granting Swatantrata Sainik Samman Pension to freedom fighters is to extend respect to them for their freedom struggle for the nation.
• Minor Contradiction of statement of victim/injured are not fatal but such statements are reliable.

Date of Judgement : 09.08.2018

• Compliance of Section 4 under the Chhattisgarh Rent Control Act, 2011 is directory in nature qua eviction proceeding.
• When no consequence provided for non-compliance of statute, it is directory in nature.

Date of Judgement : 07.08.2018

• Faulty investigation cannot be presumed even when complainant is same but other officers also participated.

Date of Judgement : 06.08.2018

• Chhattisgarh State Information Commission has power and jurisdiction to implement its order passed directing furnishing of information.

Date of Judgement : 04.08.2018

• Conviction cannot be sustained on principles that guilt "may be" commited by accused instead for conviction has to be "must have".

July 2018

Date of Judgement : 31.07.2018

• Financial power of Sarpanch cannot be withdrawn by the Sub-Divisional Officer (Revenue) in absence of legislative provision.

Date of Judgement : 30.07.2018

• Non-bailable warrant of arrest should be issued as a last resort, if accused does not appear after service of summons/bailable warrant.

Date of Judgement : 19.07.2018

• Post office is not liable to pay damages for delay in delivery of speed post – postal articles in light of Section 6 of the Indian Post Office Act, 1898.

Date of Judgement : 18.07.2018

• Senior citizen can ask for ejectment as an interim measure under the Act of 2007.
• House Building Advance cannot be deducted by Steel Authority of India Limited from the gratuity payable to its employee.

Date of Judgement : 13.07.2018

• Prospectus issued by the State Council of Education, Research & Training giving fee structure has a force of law.

Date of Judgement : 12.07.2018

• Democratically elected President of a municipality cannot be removed by the State Government on trivial charge and that too in violation of the provisions relating to the principles of natural justice.
• When existence of original document is admitted or appears to be in possession of an adverse party by fraud, notice to produce document under section 66 of evidence Act is exempted.

Date of Judgement : 11.07.2018

• Magistrate has power to grant interim custody of vehical during pendency of trial in Wild life Protection Act, 1972.

Date of Judgement : 10.07.2018

• Recommendation of Medical Council of India recommending non-grant of permission to admit 150 students in MBBS course is in accordance with law.

Date of Judgement : 06.07.2018

• Right to education up to the age of 14 years is guaranteed as fundamental right under Article 21A of the Constitution of India and a student cannot be failed up to 8 th Class.
• Personal information like T.A. bill etc. cannot be directed to be given under the Right to Information Act, 2005 in view of Section 8(1)(j) of the said Act.
• Station House Officer of a police station has no power and jurisdiction to seal the immovable property of a citizen.

Date of Judgement : 03.07.2018

• Case diary statement of eyewitness recorded after a year though he was available throughout within a distance of 1^1/2 km from Police Station. Such eyewitness is not trustworthy. Accused entitled to acquittal.
• National Inspection and Monitoring Committee has no authority and jurisdiction to seal ultrasound machine of medical professional as the District Magistrate is the Appropriate Authority under Section 17(2) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

June 2018

Date of Judgement : 28.06.2018

• Corpus Delicti not found. Other circumstantial evidence not convincingly pointing towards guilt. Accused entitled to acquittal.

Date of Judgement : 27.06.2018

• Evidence of sniffer dog tracking, though admissible, is not ordinarily of much weight, judicial exercise can ill-afford them to rest conviction on this evidence alone.
• Lok Adalat cannot adjudicate a lis on merit except settlement.

Date of Judgement : 22.06.2018

• Panchnama of statement of a witness recorded by the I.O. (not a statement u/S 161 CrPC), is not admissible in evidence. Accused cannot be convicted on the basis of such document when witness has turned hostile.
• Application for restoration should not be decided only on technical approach.
• Stamp Vendor is also eligible to purchase 'Adhivakta Kalyan Nidhi Stamp' from Chhattisgarh State Bar Council.

Date of Judgement : 21.06.2018

• Bye-election for the post of Sarpanch cannot be held during pendency of revision of the Sarpanch who has been removed under Section 40(1) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993.

Date of Judgement : 19.06.2018

• Enhancement of property tax by Municipal Corporation, Bhilai under Section 133-B of the Chhattisgarh Municipal Corporation Act, 1956 is unauthorised and bad in law.

Date of Judgement : 18.06.2018

• Nagar Panchayat is competent to levy suvidha sulk/parking fee for parking the passenger vehicle in the bus-stand.

May 2018

Date of Judgement : 18.05.2018

• Information seeker under Right to Information Act, 2005 cannot resort to penalty proceeding under Section 20 of the Act of 2005.
• GST Council has not recommended levy of GST on high speed diesel and same is not notified by the Central Government under Section 9(2) of the Central Goods and Services Tax Act, 2017.

Date of Judgement : 17.05.2018

• Suo Motu revision u/S 49(3) of VAT Act cannot be initiated after 3 years from the date of passing of the order sought to be revised.
• Revenue having mentioned the order sought to be revised cannot travel beyond the show cause notice to argue that,in fact,the reassessment order was sought to be revised.

Date of Judgement : 15.05.2018

• Application for interim maintenance has to be decided on the basis of affidavit.

Date of Judgement : 09.05.2018

• Cooling-off period under section 13-B of the Hindu Marriage Act can be waived to arrest the prolonged agony.

Date of Judgement : 04.05.2018

• Party cannot be compelled to avail dasti summon for its witness.
• Reassessment proceeding must be initiated within the time limit prescribed under Section 149(1)(b) of the Income Tax Act, 1961.

April 2018

Date of Judgement : 27.04.2018

• Access to justice is part and parcel of right to life and fundamental right guaranteed under Article 14 of the Constitution of India.

Date of Judgement : 26.04.2018

• The State Bar Council of Chhattisgarh is entitled for income tax exemption under Section 10(23A) of the Income Tax Act, 1961 with effect from 1-11-2000 (from the date of constitution of the Council).

Date of Judgement : 25.04.2018

• Price fixation of tendu patta depends on several market forces. Judicial review in the matter of price fixation is not permissible.
• In absence of prima facie proof of illegality in the tender process, the allegation of corruption is not proved. PILs dismissed.

Date of Judgement : 24.04.2018

• Member of Zila Panchayat cannot be removed by the Director of Panchayat without initiating proceedings for removal and without affording opportunity of hearing.

Date of Judgement : 23.04.2018

• Land and building owned by the South Eastern Coalfields Limited are subjected to levy of property tax under Section 127-A of the Act of Chhattisgarh Municipalities Act, 1961.

Date of Judgement : 20.04.2018

• Life time tax on crane and mechanical excavator is payable only on said vehicles registered on or after 15.2.2016.
• Reaction of the eye-witness at the time of commission of offence is not always in a uniform way.It varies from physical courage, mental equipment and social awareness of the individual.
• Motive for doing a criminal act is generally a difficult area to establish,one cannot normally see into mind of another. It is unsound to suggest that no criminal act can be presumed unless motive is proved.
• Evidence of a witness cannot be disbelieved on the ground that he is having criminal antecedents, however, his version should be appreciated with caution and should be scrutinized very clossely.

Date of Judgement : 13.04.2018

• Collector has power and jurisdiction to review his recommendation sent under Section 47(2) of the Chhattisgarh Municipalities Act, 1961.

Date of Judgement : 12.04.2018

• Objection to deficiency of stamp duty on document has to be decided before proceeding further.

Date of Judgement : 11.04.2018

• The act of fraud when reasonably not connected with official act will not attract sanction under section 197 of Cr.P.C.

Date of Judgement : 10.04.2018

• The office memorandum issued by the Central Board of Direct Taxes dated 29-2-2016 as modified on 31-7-2017 has a force of law.

Date of Judgement : 06.04.2018

• Tribunal while dealing with compensation cases required to follow summary procedure.
• Seniority allowed in favour of some officers prior to 6-7 years cannot be challenged,as the same has settled their seniority.
• While exercising powers u/A 226 of the Constitution,the Court should consider the substance of the matter rather than mere form or technicality.
• Writ petitioner being beneficiary of the procedure of fixing seniority cannot challenge the same when it has benefited to private respondents.
• Sanctioning authority under Section 19 of the Prevention of Corruption Act, 1988 has power and jurisdiction to review its order where fresh materials are brought or where he has failed to take into consideration a relevant fact.

Date of Judgement : 05.04.2018

• No breach of condition when license of LMV do not bear endorsement of transport vehicle less than 7500 kg.

March 2018

Date of Judgement : 27.03.2018

• Bilaspur University has to follow Ordinance and Instructions for holding the examination strictly.
• Residential quarter of a Railway employee is not a part of the Railways as defined in Section 2(31) of the Railways Act,1989.Incident of creating nuisance in an inebriated condition in the Railway colony would not be an offence under Section 145 of the Act, 1989.

Date of Judgement : 26.03.2018

• Offence under Section 143 of the Railways Act, 1989 for unauthorized carrying on of business of procuring and supplying of railway tickets is proved when bulk of railway tickets of different dates in name of different persons along with accounts maintained for the clients have been seized from the accused.

Date of Judgement : 23.03.2018

• Offence under section 25(1B)(b) of the Arms Act, 1959 is not made out, when prosecution has failed to establish length and width of the sword to bring it within a prohibited Arm, in view of the notification of the State Government dated 22.11.1974 issued under section 4 of the Act, 1959.
• Permission granted by State Pollution Control Board to establish Common Bio-medical Waste Treatment Facility is in accordance with law.

Date of Judgement : 22.03.2018

• Adjudication of Order 21 Rule 103 CPC being decree,appeal would lie and against order of appeal by rules of CPC second appeal would lie.

Date of Judgement : 21.03.2018

• Fruits of decree cannot be robbed by litigant managed execution proceedings.

Date of Judgement : 20.03.2018

• No writ can be issued to the State Government to amend the schedule appended to the Chhattisgarh Private Universities (Establishment and Operation) Act, 2005.

Date of Judgement : 19.03.2018

• Chhattisgarh State Co-operative Election Commission has no jurisdiction to interfere with election of members of Board of Directors of primary co-operative society.

Date of Judgement : 14.03.2018

• In view of definition of "Input" and "Input Service" provided in Rule 2(K) and 2(1) respectively of the CENVAT Credit Rules, 2004, goods used for construction of Railway Siding are eligible for CENVAT Credit.

Date of Judgement : 13.03.2018

• Elected Sarpanch cannot be placed under suspension under Section 39 (1) (b) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 unless served with a show-cause notice along with charge- sheet for removal.

Date of Judgement : 12.03.2018

• Right to profess,practice and propagate religion is guaranteed under Constitution with just exception.
• Acquittal appeal preferred by the State already dismissed on merits. Another acquittal appeal by the aggrieved party/victim is not maintainable on the principle of "autrefois acquit".

Date of Judgement : 07.03.2018

• The ratio that justice not only to be done but seems to be done equally applies to the victim.
• In absence of pendency of confiscation proceeding, section 6-E of the Essential Commodities Act do not create a bar for custody of the vehicle u/s 457 of Cr.P.C.
• Collector-cum-District Magistrate has no jurisdiction under Section 115 of the Motor Vehicles Act, 1988 to direct closure of Kota-Achanakmar-Kevchi Highway.

Date of Judgement : 05.03.2018

• Government servant's pension on his conviction for criminal charge cannot be withheld without giving a reasonable opportunity of show cause.

Date of Judgement : 01.03.2018

• Order adjudication right under Order 21 Rule 97 of CPC being decree,Petition under Article 227 of the Constitution of India would not lie.

February 2018

Date of Judgement : 27.02.2018

• Distinction between discretionary compassionate appointment and right of dependant employment pointed out.
• Web copy of the order/judgment passed by the High Court of Chhattisgarh is acceptable after verification from the official website i.e. "highcourt.cg.gov.in" as to whether the order/judgment is actually uploaded or not.

Date of Judgement : 26.02.2018

• If apprehension of complainant is reasonable transfer can be directed.

Date of Judgement : 23.02.2018

• An office bearer of Bar has to act through resolution of Bar Association.

Date of Judgement : 20.02.2018

• Holder in due course of cheque may file a complaint u/s 138 of the N.I. Act though drawer of cheque may be same.
• Valid lease granted to the petitioners near Telibandha Tank cannot be cancelled without affording an opportunity of hearing.

Date of Judgement : 16.02.2018

• The moment a manufacturing process gets commenced in an industry,the provisions of the factory Act becomes applicable and thereafter the provisions of the BOCW Act would seize to operate in those factories.
• For withholding pension and gratuity, criminal case must be instituted and pending on the date of retirement.
• Selection process of appointment for the post of Vice-Chancellor of the Chhattisgarh Kamdhenu Vishwavidyalaya quashed being in breach of the proviso to sub-section (2) of Section 9 of the Chhattisgarh Kamdhenu Vishwavidyalaya Act, 2011.
• Casual connection of death with act of accused should be beyond doubt for conviction under Section 304-II of I.P.C.

Date of Judgement : 15.02.2018

• Non-payment of retiral dues for 17 years by the State authorities is unconstitutional and harassment of retired Government servant.

Date of Judgement : 09.02.2018

• Agreement to sell already revoked by the vendor. No relief for declaring revocation illegal. Suit for specific performance not maintainable.
• Power to grant decree for specific performance is discretionary, it is to be exercised reasonably, not arbitrarily.

Date of Judgement : 06.02.2018

• For assessment u/S 115J of IT Act final audited account of assessee company cannot be reopened, as it would amount to embarking upon the fresh enquiry not permissible in law.
• In a tenancy suit the issue of title of co-owner is not required.

Date of Judgement : 05.02.2018

• Striking defence under section 13(6) of the C.G Accommodation Control Act, 1961 is justified when consecutive failure occurred under section 13(1) and 12(3) of the Act.
• Study leave cannot be claimed as a matter of right by University Professors. It is only a privilege.

Date of Judgement : 03.02.2018

• Direction issued to the Additional Chief Secretary,Department of Home and the Director, State Judicial Forensic Science Laboratory, Raipur for timely FSL examination of seized articles and that to be brought on record well within time.

Date of Judgement : 01.02.2018

• In Substitution of previous direction now it is directed that for verification of surety & surety papers trial Courts shall accept Aadhaar Card or Voter ID or PAN card or Passport of the surety, which shall be verified within four weeks, however, release warrant shall be issued on prime facie satisfaction of the surety.
• Occupancy tenant created by outgoing Land Lord acquires the status of Bhumiswami after the L.R. Code of 1959.
• Deproprietary order has to stand the test of Article 166 (1) of the Constitution of India.

January 2018

Date of Judgement : 30.01.2018

• A person acquiring 0.05 acre of land cannot be denied right of mutation under Sections 109 and 110 of the Chhattisgarh Land Revenue Code, 1959.

Date of Judgement : 29.01.2018

• Wife forcing the husband to get separated from his family which includes his old aged ailing parents. Commission of mental cruelty by the wife upon husband under section 13(1)(i-a) of the Hindu Marriage Act, 1955 proved. Divorce allowed.

Date of Judgement : 25.01.2018

• Power and jurisdiction conferred to His Excellency the Governor under Rule 9(1) of the Chhattisgarh Civil Services (Pension) Rules, 1976 can be exercised by the Council of Ministers.
• Divorced wife of Government servant is not entitled for compassionate appointment of her former husband (Government servant).

Date of Judgement : 22.01.2018

• Any suit or arbitration application involving commercial dispute where the final judgement has been reserved or rendered by the Civil Court prior to constitution of the Commercial Division or Commercial Court under the Commercial Courts,Commercial Division of High Courts Act,2015 are not transferable to the Commercial Court invoking the provisions under sub-section(1) or sub-section (2) of Section 15 of the Act, 2015.

Date of Judgement : 17.01.2018

• For registration u/S 12A of Income Tax Act neither application of income of the trust nor intent behind creation of charitable trust is to be seen. If the object of the trust is charitable, registration u/S 12A is to be allowed.
• Mere showing of charge-sheet to the Magistrate will not amount to filing dehors the Rules.

Date of Judgement : 10.01.2018

• Application for execution of an arbitral award pending before the District Judge is not transferable to Commercial Court under Section 15(5) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.

Date of Judgement : 09.01.2018

• The provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, are also applicable to Co­ operative Bank / Laxmi Mahila Nagrik Sahakari Bank Maryadit.

Date of Judgement : 05.01.2018

• Establishment of court is a question of public policy and for convenience of litigants/common man.
• For issuing release warrant of accused after grant of bail verification of surety as well as surety papers made mandatory through Aadhaar Card.

Date of Judgement : 04.01.2018

• Diffenrently abled persons must be treated with due respect in view of object of The Rights of Persons with Disabilities Act, 2016 to provide equal opportunity to disabled and handicapped persons.

Date of Judgement : 02.01.2018

• Adopted son is also entitled for dependent employment in SECL.
• Access to electricity is a human right and also included in right to life under Article 21 of the Constitution of India.