High Court Of Chhattisgarh

Case Note : The power to remit a sentence considering gravity and nature of offence is discretionary, but must stand the scrutiny of Article 14 and 21 of the constitution of india.

Case Note : A person shall have no locus standi to file a writ petition if he is not personally affected by any order/action or his fundamental rights invaded or violated.

Case Note : A rape victim's prayer for termination of pregnancy can be allowed because such pregnancy causes grave injury to the mental health of the pregnant woman,as she cannot be compelled to give birth to a child of rapist.

Case Note : Order of dismissal made for non appearance of plaintiff under Order 9 Rule 8 of CPC in the earlier suit would not operate as res judicata under Section 11 of CPC to the subsequently instituted suit.

Case Note : The Rules cannot be declared ultra vires unless and until it is shown that there is manifest arbitrairiness and it takes away any fundamental right enumerated the constitution of the India. No enactment can be struck down by the just saying that it is arbitrary or unreasonable. Chances of promotion can not be claimed as a right, only consideration for promotion without discrimination may be claimed as a legal right.

Case Note : Arbitral Tribunal is the more master of evidence and the finding of fact which are arrived at by the arbitrators on the arbitrators on the basis of evidence on record are not to be scrutinized, as if the Court was sitting in appeal.

Case Note : Capital punishment can only be awarded very exceptional and rarest of the rare cases, which a lacking present case, accordingly, death sentence awarded to the appellant commuted to imprisonment for the reminder of natural life of the appellant.

Case Note : Ombudsman under the ' MGNREG Act' is amenable to RTI Act, 2005.

Case Note : The present case3 does not fa;; within the category of rarest of rare case wherein death sentence awarded in view of the settled principal of law as held in catena of judgments by the Hon'ble Supreme Court.

Case Note : An appeal under Section 19 of the Contempt court Act, 1971 lies only against an order imposing punishment for Contempt.