High Court Of Chhattisgarh

Case Note : For applying provisions of the C.G. Tohni pratadna Act. 2006 the since qua non is to establish the same through cogent evidence.

Case Note : Where the conduct5 of eye - witness are doubtful and they are not trustworthy, they cannot be relied upon for convection as the Court does not inspires confidence in relying their version.

Case Note : Under Section 34 of the Rights of person with Disabilities Act, 2016 the State is empowered to interchange vacancies among the five categories of specified disabilities nature of vacancies in an establishment does not permit employment of persons from a particular category,; therefore, the reservation extended to candidates belonging to the "One Arm(OA)" and "One Leg (OL)" categories cannot be regarded as illegal.

Case Note : Recovery of excess payment from employee -Impermissible where excess payment is not on account of misrepresentation, fraud or fault of the employee but due mistake of the employer. Employee cannot be penalised for the fault committed by the employer.

Case Note : " Where the matriculation or equivalent certificate is available and authentic, the same shall be treated as the conclusive evidence for determination of the age of the victim/child. In such cases, no other material whether ,medical, documentary. or oral shall be considered for the purpose of age determination and any deviation therefrom would be impermissible in law"

Case Note : " The academic distinction between 'murder and "culpable homicide not amounting to murder' has always vexed the courts. The confusion is caused if court losing sight of the true scope and meaning of the terms used by the legislature in these sections , allow themselves to be drawn into minute abstraction".

Case Note : When an accused faces charges under special statutes form offences again the State, the grant of bail is ordinarily discouraged. Courts are obliged to exercise exceptional caution and rigorous approach, weighing the seriousness of the allegations, the protection of the State interests,and statutory limitations on bail prescribed by the relevant special laws.

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 : In view of wide powers conferred by Section CrPC (427 BNSS), even an appellate or adding the charge. However, when prejudice is likely to be caused ton the accused by alteration or addition of charges, observance of principles of natural justice would be necessary.

Case Note : Only that portion of a confessional statement which leads to the immediate recovery or discovery of a fact is admissible in evidence under Section 27 of the Evidence Act.