Wife attempting to commit suicide; assaulting her mother-in-law, son of her Jeth(brother-in-law); pressing neck of her daughter & husband; obtaining treatment from a Psychiatrist; and jumped to the neighbour's house from the roof of her marital house amounts to causing mental cruelty. Husband entitled for a decree of divorce.
In highly competitive examination moderation is required to achieve uniformity in valuation.
Paramount consideration in eveluation is always ability of examiner.
Telephone tapping would infarct Article 21 of the constitution of India unless it is permitted under the procedure established by law.
In case Section 6(1) of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 is not applicable, interim custody can be granted without waiting for the period of six months.
A prisoner, undergoing sentence in jail, is entitled for opportunity of hearing before forfeiting his earned remission by the Superintendent of Jail.
Deemed confirmation after probation is not automatic when service rules provide otherwise.
State is obliged to exercise due diligence in keeping the seized property in safe condition till conclusion of trial/appeal.
Chhattisgarh Municipal Corporation (Extent of Wards) Rules 1994 is directory in nature.
Determination of extent of wards under the Municipal Corporation Act under Section 10 is a legislative act, no opportunity of hearing is required.
Punishment to be awarded under Section 138 of the NI Act cases is meant to ensure payment of money and threat to jail is only to ensure recovery of cheque amount.
Where commercial quantity of illicit psychotropic substance seized, limitation for grant of bail contained in Sec. 37 NDPS Act would be attracted and the accused is not entitled to be released on bail.
Offence u/S 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being committed inside the house, which is not a public place or in any place within public view, the accused is entitled to be released on anticipatory bail.
No charge-sheet can be filed for commission of offence under Section 26 (2) (ii) of the Food Safety and Standards Act, 2006 as only penalty can be imposed for that by the Adjudicatory Authority under Section 68 of the said Act.
Criminal courts should not issue non-bailable warrant of arrest straightway at the first instance and investigating officer should inform the accused about filing of charge-sheet specially when he is on bail.
When an order has a civil consequence, rules of natural justice are required to be followed.
To start enquiry under section 32 of the Chhattisgarh Societies Registration Act, 1973 on a complaint, the affidavit is a prerequisite condition.
High Court of Chhattisgarh
National Highway -130, Bodri Bilaspur, Chhattisgarh 495220