High Court Of Chhattisgarh

Case Note : " When there is a comprehensive remedy of arbitration clause under the Regulation. a case which is civil dispute cannot be converted into a criminal dispute, it would be an abuse of the process of law".

Case Note : 1 The participation of woman in the work force is not a matter of privilege , nut a constitutional entitlement protected by the Article 14,15 and 21 of the constitution ; besides Article 19 (1) (g) 2. Child adoption / child care leave is not just a benefit but a right that supports the fundamental need of a woman to take care of her family. 3. Female officer/employees of the Indian institute of management are entitled child adoption leave as per Rule 43-B of the Central Civil Services (leave) 1972. as the HR policy of the IIM, Raipur is the silent on this aspect. 4. A fundamental right under Article 19/21 can be enforced even against person other than the state or its instrumentalities.

Case Note : 1. In motor accident claim cases, even the major, married and earning sons or daughter for( or other legal heirs) of the deceased have right to apply for compensation and the Tribunal must consider their cases despite they being fully dependent on the deceased. 2. Pension / family pension ought not to be deducted while working ought the loss of dependency and the compensation to be granted to the claimants.

Case Note : Conviction can very well be based on the unrebutted and consistent evidence of corrosecutrux by other evidence.

Case Note : Testimony of the victim is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the court should find no difficulty to act on the Testimony of the victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable.

Case Note : The custody under section 27 of the Evidence Act is not only restricted to formal custody and includes any kind of restriction restrain and even surveillance by the police. In cases of the circumstantial evidence the Court are called upon to make in ferences from the available evidence, which may lead to guilt of accused.

Case Note : Testimony of the child witness has to be carefully scrutinised before the same believed by the Court and if the Court finds it to be reliable, trustworthy and truthful , then the same would not be discarded on the mere premise that the witness happens to be a child witness and once the tetimony of the child witness is corroborated by other evidences on record, then the same would be admissible.

Case Note : Order Rule 1 CPC Speedy Justice timely justice and timely delivery of justice are legal right of a litigant. Court can grant time and adjournthe hearing of a case if sufficient cause is shown but it is limited to maximum of threee times.

Case Note : Compassionate appointment is a concession not a right Once accepted,no claim for change or up gradation of post is permissible. Judicial review in such matters is limited.

Case Note : Order 16 Rule 2 CPC- it is open to the parties to summon the witness or without applying the summon, bring to witness to lead evidenced or to produce documents subject to relevancy.