High Court Of Chhattisgarh

Case Note : For admission in BAMS Courses the State cannot fix quota in unaided minority Professional educational Institutions between the Management and the State.

Case Note : Section 482 of the BNSS, 2023 has widen the scope anticipatory bail as compared to the erstwhile provision under section 438 Cr.PC. 1973

Case Note : One cannot claim equal right to carry on the business against the state when the state reserves to itself the exclusive right to carry on such trade or business.

Case Note : Office of the Accountant general cannot recover/adjust the amount of negative balance from the retiral dues of retired Government servant after a period of six month from the date retirement by adjustment, for that, the Government has no follow the legal procedure of approaching civil court.

Case Note : Unless a strong prima facie cases id made out, a direction fore DNA test of a child born during subsistence of a valid ,marriage not to be ordered routinely.

Case Note : State information Commissioner appointed from amongst the members of Bar is not entitled for superannuation pension.

Case Note : Industrial dispute against termination order raised after more than 22 years. Relief denied on the ground of unexplained delay & laches. Award is set a side.

Case Note : In the matter of grant of succession certificate, a duty is cast upon the succession Court of investigate on the point as to whether the applicant has prima facie right for the succession certificate, as such right cannot be adjudicated and decided on the basis of compromise.

Case Note : Order 32 rule 15 of the C PC empowers the Court to go into each end every question of incapability to protect of the interest of a particular person by the reason of any mental infirmity which is so wide enough and includes cases of mental retardation, mental ailment or any other mental disorder. On finding that person is not able to defend his interest in the suit and no be granted to next friend.d no conflicting interest is involved, permission can be granted to next friend.

Case Note : 1. In certain cases of like nature, if the Enquiry Officer assumes the role of presenting officer it give rise to reasonable apprehension of bias and risk of inquiry being declared illegal or vitiated. 2. By virtue of Article 311(2) of the Constitution of india, the the departmental Inquiry has to be conducted in accordance with fundamental Principles of natural Justice which requires opportunity of hearing to the delinquent. 3. When the charges arise from the same incident and allegations are almost identical doctrine of equaility would apply imposing punishment and similarly places co-delinquents cannot be visited with different punishment.