High Court Of Chhattisgarh

Case Note : A teacher holds a position of trust and responsibility. Any sexual, abusive, or exploitative act with a minor student is not just professional misconduct, but a grave criminal offence punishable under the POCSO Act, as it amounts to child exploitation and invites strict punishment.

Case Note : One of the self- imposed restrictions on exercise of power under Article 226 of the constitution of the india that has evolved through Judicial precedent that the Courts should normally not entertain a writ petition, where an effective and efficacious alternative remedy is available.

Case Note : A valid permit is a statutory requirement for operating a transport or commercial vehicles under the motor vehicles Act 1988. The permit does not transfer automatically with change of ownership. It is transferred by the appropriate transport Authority. in the absence of such transfer, there would be no permit and the insurer may lawfully repudiate any claim due to breach of policy terms.

Case Note : The Provisions of 22 of the B N S (Section 84 IPC)will come to rescue of an accused, when he/she was not knowing that what he/she was doing, is wrong or the same is contrary to law. in order to ascertain the same, the imperative circumstances and the behavior preceding.attending and following the crime are the main consideration.

Case Note : Bright future of untainted candidates cannot be held in abeyance merely due to allegations against authorities - merit based appointment must be safeguarded by law. The mere presence of allegations to doubts concerning certain authorities involved in the recruitment process cannot, as a matter of law, serve as a valid reason to deny appointment to meritorious and unblemished candidates, as candidates have invested signifcant time and effort their preparation and have been duly selected for the highest positions through a rigorous and transparent recuitment process.

Case Note : Person having learner's Licence to drive Light Motor Vehicle (L.V.M.) is restricted to drive Heavy Motor Vehicles as such, it is breach of Insurance policy.

Case Note : Only the authority expressly empowered under the statute is the competent to exercise disciplinary powers.Any order passed by an authorized authority is without jurisdiction and liable to be set a aside. further were there is a violation of the principles of natural justice or the impugned action is without jurisdiction the existence of an alternative remedy does not bar the exercise writ jurisdiction under article 226 of constitution.

Case Note : In a money laundering case, as the modus operandi often involves circuitous and opaque financial transactions which make direct evidence inherently difficult to obtain, the absence of verifiable legitimate income can lead the court to hold that there exists a nexus between the property sought to be attached and the proceeds of crime.

Case Note : " To succeed in an application under order 9 Rule 13 of CPC the defendant must satisfy the court that his absence was due to a justifiable reason and unavoidable circumstances preventing his appearance"

Case Note : In absence of any evidence suggesting that the person kidnapped was taken or detained for the purpose of making a ransom demand or for coercing any person to act in a particular manner, the essential ingredients of section 364 A IPC are not satisfied. Mere kidnapping and concealment without a ransom demand do not attract section 364 A IPC