High Court Of Chhattisgarh

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 : 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 : 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

Case Note : it is statutory obligation to not interfere at the initial stage for framing the charges merely on hypothesis imagination and far fetched reasons which in law amount to interdicting the trial against the accused persons.l

Case Note : Were a Victim is raped by one more persons forming a group or acting in furtherance of a common intention , each member of such group shall be deemed ton have a committed the offence of rape, in accordance with the principles of joint liability and common intention as defined under the applicable laws.

Case Note : Privacy is a Constitutionally protected right that primarily arises from the guarantee of life and personal liberty under Article 21 of the Constitution of India It encompasses the preservation of personal intimacies, the sanctity of family life,marriage, procreation the home and sexual orientation.Any intrusion into this right would amount to a violation of the fundamental right of the individual.

Case Note : Any eligibility criteria must bear a reasonable corelation with the with the functional recruitment of the post, the nature of the duties to be performed and the aptitudes necessary to fulfill those duties effectively.

Case Note : The pujari is only a grantee to manage the property of the deity and such grant can be reassumed if the pujari fails to do the task assigned to him i.e. to offer prayers. He cannot be thus treated as a Bhumiswami.

Case Note : If the chain of circumstances is complete and the recoveries made from the accused are duly proved, and if accused was last seen together with the deceased shortly before the death, then the failure of the accused to offer a plausible explanation would be fatal to his defence.

Case Note : When there is no direction with regard to appropriation of decretal amount either in decree or award, adjustment shall be made firstly towards payment of interest and cast thereafter towards payment of the principal amount.