S. 27 Evidence Act | Discovery Of Facts Concerning Co-Accused Would Be Admissible To Establish Charge Of Conspiracy: Chhattisgarh HC

In a recent judgement, relying heavily on circumstantial evidence to establish the accused's connection to the crime, the Chhattisgarh High Court upheld the convictions of several individuals involved in a murder case which was centred around a conspiracy linked to an extramarital affair.In its judgement, the Court emphasised the application of Section 27 of the Indian Evidence Act, 1872, in...

Mere Recovery Of Weapon Can't Justify Conviction Sans Established Motive: Chhattisgarh HC Acquits 4 In 2017 Murder Case

The Chhattisgarh High Court has overturned the conviction of four men accused in a 2017 murder case, underscoring the importance of a clear and established motive in criminal prosecutions. The division bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, acquitted observed, “Mere recovery of weapon from the appellants cannot become the basis of conviction when there is...

Chhattisgarh HC Initiates Suo Moto PIL Over Non-Functioning Of Automated Vehicle Fitness Testing Centre At Bilaspur

The Chhattisgarh High Court has initiated a suo moto PIL concerning the malfunctioning of an Automated Vehicle Fitness Testing Centre in Bilaspur. A bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru took note of the news reports which stated that the facility had been non-operational for over a week due to a technical fault in a machine, severely disrupting the...

Reinstatement Upon Setting Aside Termination Not Re-Employment, Employee Entitled To Seniority, Salary Arrears Severed Due To Termination: Chhattisgarh HC

Recently, the Chhattisgarh High Court observed that once the termination of the state employee was set aside without further enquiry, then the employee would be entitled to receive all the consequential benefits that he had not received during the period of termination. The Court said that the period during which the state employee was out of a job shall be treated as duty for all purposes...

Centre Notifies Appointment Of Two Advocates As Additional Judges Of Chhattisgarh High Court

The Central Government has notified the appointment of two advocates as Additional Judges of the Chhattisgarh High Court.The two advocates are:1- Bibhu Datta Guru, and 2- Amitendra Kishore PrasadA notification issued in this regard reads thus:"In exercise of the power conferred by clause (1) of Article 224 of the Constitution of India, the President is pleased to appoint S!Shri (i) Bibhu...

Chhattisgarh HC Affirms Single-Judge's Order Upholding Dismissal Of Judicial Officer Who Lodged Criminal Case Against HC Judges

A Division bench of the Chhattisgarh High Court recently confirmed the 2020 order of the Single Judge upholding the dismissal of a judicial officer who had filed criminal cases against the former Chief Justice and Judge of the High Court. A bench comprising Chief Justice Ramesh Sinha and Justice Parth Prateem Sahu observed that the single Judge's order was based on applying a...

Govt's Administrative Directions Cannot Substitute Statutory Rules, Can Only Fill Gaps When Law Is Silent: Chhattisgarh HC

In a recent case, the Chhattisgarh High Court held that it is impermissible for the Government to change or amend the statutory rules via administrative decisions. However, the court stated that in case the rules are silent on certain points, then there's no impediment in filling the gaps or supplementing the rules through administrative/executive decisions. “It is the settled proposition...

Employee Can't Claim Continuance Of Benefit Of Advance Increment After His Promotion Or Revision Of Pay: Chhattisgarh HC

The Chhattisgarh High Court has recently held that employees cannot claim the continuance of advance increments granted for family planning purposes after their promotion or revision of pay scale. A bench of Chief Justice Ramesh Sinha and Justice Parth Prateem Sahu held thus while hearing a writ appeal filed by Registrar General High Court of Chhattisgarh assailing an order of the...

'Corporal Punishment Isn't Part Of Education, Against Article 21': Chhattisgarh HC Denies Relief To Teacher In Student's Suicide Case

Observing that subjecting a child to corporal punishment for 'reforming him' cannot be part of education and that the same violates a child's Freedom of life and liberty guaranteed by Article 21 and robs him of his dignity, the Chhattisgarh High Court recently dismissed a petition moved by a teacher seeking to quash an FIR in connection with abetting the suicide of a 12-year-old student."It...

Chhattisgarh High Court Takes Suo Moto Cognizance Of Plight Of Flooded Villages In Bijapur, Seeks District Collector's Reply

Taking suo moto cognizance of a news article published about the plight of many flooded villages in the Bijapur region (Bastar division), the Chhattisgarh High Court has sought the District Collector's immediate reply on the public interest litigation.The Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal allowed the registration of a suo moto case upon...

Decision Of Reassessment At Dictation Of Higher Authorities Leads To Biased Outcome: Chhattisgarh High Court

The Chhattisgarh High Court has held that decisions of reassessment at the dictation of higher authorities lead to biased outcomes.The bench of Justice Goutam Bhaduri and Justice Sanjay Kumar Jaiswal has observed that in a democracy, every authority may, however high, function within four corners of the law because the rule of law requires that all the machinery of the state must...

Unexplained Cash Credited To Assessee's Book Would Be Treated As Taxable Income Under Income Tax Act, 1961: Chhattisgarh High Court

Recently, the Chhattisgarh High Court reiterated a settled position of law that the assessee would be liable to pay the income tax on the unexplained cash credited into its books if the assessee fails to prove the source of a sum of money found to have been received by an assessee. The Court said that under Section 68 of the Income Tax Act, 1961 the initial onus to prove the genuineness of...