Chhattisgarh High Court
Chhattisgarh High Court Orders ₹1 Lakh Compensation To Mother Of Juvenile Who Died Under ‘Unnatural Circumstances’ In Observation Home
The Chhattisgarh High Court has recently ordered ₹1 lakh compensation to the mother of a juvenile offender who died in custody while being lodged in an observation home. While fixing responsibility of the erring officials, the Division Bench of Chief Justice Ramesh Sinha and Justice Rajani Dubey cited the following observation made by the Apex Court in Ajab Singh & Anr. v. State of UP...
Compelling Woman To Continue Unwanted Pregnancy Violates Fundamental Rights: Chhattisgarh High Court Grants Relief To Minor Rape Survivor
The Chhattisgarh High Court has recently opined that compelling a woman to continue with ‘unwanted pregnancy’ violates her fundamental rights. While allowing medical termination of pregnancy of an alleged minor rape victim, the Single Judge Bench of Justice P. Sam Koshy observed,“It is by now a well settled principle that compelling a woman to continue with an unwanted pregnancy...
“In India Abortion Is Considered A Crime”: Chhattisgarh HC Dismisses Plea For Termination Of Pregnancy On Ground Of ‘Strained Marital Relationship’
The Chhattisgarh High Court recently dismissed a petition filed by a married woman seeking medical termination of her pregnancy only on the ground that the marital relationship between her husband and herself has got strained after she conceived out of the relationship.While denying the relief prayed for in the petition, the Single Judge Bench of Justice P. Sam Koshy observed,“If this...
Chhattisgarh High Court Dismisses Second Anticipatory Bail Plea Of Man Accused Of Pronouncing Triple Talaq
The Chhattisgarh High Court recently denied anticipatory bail to a Muslim man accused of pronouncing ‘talaq-e-biddat’ to his wife for ending their marriage. A case was registered against the accused under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which prescribes punishment for pronouncing triple talaq.Anticipating his arrest, the accused approached the...
“Child Can Testify If He Gives Rational Answers”: Chhattisgarh High Court Upholds Murder Conviction Based On Child Witnesses' Testimonies
The Chhattisgarh High Court has reiterated that testimony of ‘child-witness’ can form the basis of conviction in serious crimes like murder if he is found to be rational in understanding questions and giving answers to them.While upholding the conviction of a person accused of murder, the Division Bench of Justice Goutam Bhaduri and Justice Sanjay Kumar Jaiswal held,“The Section 118...
Court Can't Enquire Financial Dependency Of Person Seeking Compassionate Appointment When Another Family Member Is In Govt Service: Chhattisgarh HC (FB)
A Full Bench of the Chhattisgarh High Court on Wednesday held that if Rules for ‘compassionate appointment’ prohibit appointment of family members of a deceased government employee on the ground that a family member is already in government service then the High Court cannot order enquiry to determine dependency of other family members upon that family member who is already a...
Chhattisgarh High Court Dismisses PIL Seeking Withdrawal Of ₹500 & ₹200 Notes, Not More Than One Saving Account Per Person
The Chhattisgarh High Court on Monday dismissed a Public Interest Litigation (PIL) seeking withdrawal of ₹500 and ₹200 notes from circulation and stopping reprint of all the denominations above ₹200 in the future.While terming the petition to be a ‘Publicity Interest Litigation’, the Division Bench of Chief Justice Ramesh Sinha and Justice Rakesh Mohan Pandey said,“The petitioner...
S. 20(1) RTI Act Which Prescribes Penalty For Default In Supplying Info Within Specified Time Not Mandatory: Chhattisgarh High Court
The Chhattisgarh High Court has held that the provision of ‘penalty’ prescribed under Section 20(1) of the Right to Information Act, 2005 (RTI Act), for default in supply of information within the period specified under Section 7(1), is not mandatory in nature. While dismissing a writ appeal against the same conclusion reached by a Single Judge Bench, the Division Bench of Justice Sanjay...
Chhattisgarh High Court Grants 3 Months Time To The Assessee For Depositing Pre-Deposit Before CESTAT
The Chhattisgarh High Court grants 3 months time to the assessee for depositing pre-deposit before the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT).The bench of Justice Parth Prateem Sahu rejected the prayer in respect of the waiver of the mandatory pre-deposit.The petitioner, Nava Raipur Atal Nangar Vikas Pradhikaran, is a statutory body created through a notification...
Chhattisgarh High Court Commutes Death Sentence Of Man Convicted For Murder, Rape Of 12 Year Old To Life Imprisonment
The Chhattisgarh High Court, while partly allowing a criminal appeal filed by a POCSO convict, has commuted the death sentence awarded to him by the lower court to imprisonment for life.The division bench of Chief Justice Mr. Ramesh Sinha and Justice Mr. Sanjay K. Agrawal said:“We are of the opinion that this is not the rarest of rare case in which major penalty of sentence of death awarded...
Judicial Officer Sanjay Kumar Jaiswal Appointed As Additional Judge Of Chhattisgarh High Court
The union government on Thursday issued a notification for appointment of judicial officer Sanjay Kumar Jaiswal as an Additional Judge of the High Court of Chhattisgarh. The announcement in this regard was made by Law Minister Kiren Rijiju on Twitter. The Supreme Court Collegium on April 12 had recommend that Sanjay Kumar Jaiswal, Judicial Officer, be appointed as a Judge of the High...
Chhattisgarh High Court Directs Chief Secretary To File Personal Affidavit Explaining Inaction To Identify Fake Disability Certificates
The Chhattisgarh High Court on Monday ordered the Chief Secretary of the State Government to file a personal affidavit showing as to why no steps are taken to verify the physical disability certificates as per a circular issued by him in 2019.The petitioner had earlier approached the High Court in 2019, by filing a Public Interest Litigation (PIL) wherein he had highlighted the frequent misuse...