'Death Penalty Not Warranted': Chhattisgarh HC Commutes Capital Sentence Awarded To Man For Murder Of Wife & Three Minor Children

The Chhattisgarh High Court has recently commuted the extreme sentence of death awarded by a Sessions Court to a man who was found guilty for commission of murder of his wife and three minor children.While finding the crime to be heinous but not 'rarest of rare', the Division Bench of Chief Justice Ramesh Singh and Justice Amitendra Kishore Prasad observed –“Though it shocks the conscious...

'Rape' On A Dead Body 'Horrendous' Act But It Doesn't Amount To An Offence Of Rape: Chhattisgarh High Court

The Chhattisgarh High Court recently observed that raping a dead body is one of the most horrendous acts one can think of, but the same doesn't amount to any offence punishable under rape laws or the POCSO Act. A bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru observed that for the commission of an offence of rape, the victim should be alive. The bench...

Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court

The Chhattisgarh High Court bench of Justices Smt. Rajani Dubey and Shri Bibhu Datta Guru has held that findings of the Arbitrator cannot be scrutinised under section 34 of the Arbitration Act as if the court is sitting in appeal. Brief Facts The claimant is a partnership firm and registered contractor with South Eastern Coalfields Ltd. (SECL). The claimant was awarded a contract...

Curable Procedural Defects Should Not Be Allowed To Defeat Substantive Rights Of Parties: Chhattisgarh High Court Reiterates

The Chhattisgarh High Court has reiterated that procedural defects or irregularities, which are curable in nature, should not be allowed to defeat substantive rights of parties or to perpetuate injustice.While finding fault with the recourse adopted by the Rent Control Tribunal, the Division Bench of Justice Rajani Dubey and Justice Bibhu Datta Guru held –“It is trite law that the...

Chhattisgarh High Court Allows Medical Termination Of 20+ Weeks Pregnancy Of Minor Rape Victim Suffering From 'Sickle Cell Anaemia'

The Chhattisgarh High Court has recently allowed medical termination of over twenty-week-old foetus of a 17-year-old rape victim, who is suffering from sickle cell anaemia. Considering the fact that continuance of pregnancy has the potential to physically and psychologically affect the minor girl, the Single Bench of Justice Naresh Kumar Chandravanshi held –“In such circumstances, if...

Recruitment Rules Can't Be Applied Retroactively, Chhattisgarh High Court Sets Aside Employee's Termination Order

A single bench of Chhattisgarh High Court comprising of Justice Rajani Dubey held that the recruitment rules or guidelines cannot be applied retroactively to improperly terminate an employee from the post. Background Facts The petitioner was appointed on the post of Aanganbadi Karyakarta on 01.04.2007. She was working under the Department of Women and Child Development...

Entire Service Record, Character Rolls & Confidential Reports Of Employee Need To Be Considered Before Passing Order Of Premature Retirement : Chhattisgarh High Court

A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey, while deciding writ petition held that the Government should form opinion that the government employee needs to be compulsorily retired from service only after considering the entire service record, character rolls & confidential reports. Background Facts The petitioner was appointed...

Candidates Not Entitled To Know Exam Pattern: Chhattisgarh HC Dismisses Pleas Challenging Evaluation Process Of 2023 Civil Judge Mains Exam

The Chhattisgarh High Court, while rejecting the batch of Writ Petitions challenging the exam pattern of the Civil Judge (Entry Level) Main Examination, 2023, stated that candidates are only entitled to know the 'syllabus' of the examination. The pattern of the exam and the sequence of the questions to be asked, however, fall under the exclusive jurisdiction of the Exam Conducting...

Two Arbitration Petitions For Same Relief Cannot Be Filed: Chhattisgarh High Court

The Chhattisgarh High Court bench of Chief Justice Mr. Ramesh Sinha has held that two arbitration petitions for the same relief cannot be filed. Brief Facts This petition has been filed under section 11 of the Arbitration Act seeking appointment of an Arbitrator. The applicant is a Society registered under the Society Registration Act 1973. The society comprises of lease...

'Belongs To Backward Community, Reformation Can't Be Ruled Out': Chhattisgarh HC Commutes Death Sentence Of Man For Rape & Murder Of 7 Yr-Old

The Chhattisgarh High Court has commuted the extreme sentence of death imposed on a man for committing rape and murder of a seven-year-old girl in the year 2021.While weighing the aggravating and mitigating circumstances against the accused-appellant, the Division Bench of Chief Justice Ramesh Sinha and Justice Amitendra Kishore Prasad held –“These are the incriminating circumstances,...

Chhattisgarh High Court Holds State Power Company Liable For Electrocution Death Due To Improper Earthing

The Chhattisgarh High Court recently affirmed the liability of the Chhattisgarh State Power Distribution Company Limited (CSPDCL) for the electrocution death of a woman.Referring to the Supreme Court's case of M.P. Electricity Board v. Shail Kumari and Others (2002), the bench comprising Justice Rajani Dubey and Justice Sanjay Kumar Jaiswal applied the strict liability principle, where it...

Advocate Can't Be Prosecuted For Financial Loss Caused Due To His Opinion Unless Intention To Defraud Is Present: Chhattisgarh HC

The Chhattisgarh High Court has observed that merely because an advocate's opinion has caused financial loss to a person or institution cannot be a ground for prosecuting him. A bench of Chief Justice Ramesh Sinha and Justice Amitendra Kishore Prasad added that there has to be some evidence that the said act was committed with the sole intention of defrauding the person/institution...