Chhattisgarh High Court
Chhattisgarh High Court Initiates Suo Moto PIL To Ascertain Feasibility Of Operating 'Open Jails'
The Chhattisgarh High Court has recently registered a suo moto PIL to explore the possibilities with regard to implementation of 'open jails' and to ascertain whether the same would be feasible in the State. The division bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal directed the Chief Secretary, Government of Chhattisgarh to file an affidavit in this regard. “An...
Chhattisgarh High Court Dismisses PIL Seeking To Declare 'Ramlala Darshan Scheme' Of Govt To Be Unconstitutional
The Chhattisgarh High Court has binned a plea seeking to declare 'Shri Ramlala Darshan (Ayodhya Dham) Scheme' of the Chhattisgarh Government as unconstitutional and ultra vires being in violation of secular fabric of the Constitution.While terming the scheme to be a 'policy decision' of the Government, the Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal...
Electrocution Death | Compensation Can't Be Denied To Claimants Merely Because Claim Made After Limitation Period: Chhattisgarh High Court
The Chhattisgarh High Court has held that the claimants of a person who died by electrocution cannot be deprived of compensation only because they filed the claim petition after expiry of limitation period, more so when negligence on the part of the electricity department is palpable.While fixing responsibility of the department, the Division Bench of Justice Goutam Bhaduri and...
Husband's Impotency Sufficient Reason For Wife To Reside Separately; She Is Entitled To Maintenance U/S 125 CrPC: Chhattisgarh HC
The Chhattisgarh High Court has observed that the impotency of the husband would be sufficient reason for the wife to reside separately and in such a scenario, she would be entitled to maintenance under Section 125 CrPC. Observing thus, a bench of Justice Parth Prateem Sahu dismissed a criminal revision petition filed by a husband challenging an order of the Family Court,...
Centre Notifies Appointment Of Judicial Officer As Additional Judge Of Chhattisgarh High Court
The Central Government has notified the appointment of Arvind Kumar Verma, a Judicial Officer, as an Additional Judge of the High Court of Chhattisgarh. Union Law Minister Arjun Ram Meghwal tweeted about this appointment.The Supreme Court Collegium had recommended this appointment on January 4.The Collegium comprising Chief Justice of India DY Chandrachud, Justice Sanjiv Khanna and Justice...
Section 498-A IPC | Second Wife Can't Maintain Complaint/FIR Against Husband, In-Laws For 'Cruelty': Chhattisgarh High Court
The Chhattisgarh High Court has held that a complaint/FIR under Section 498-A (for the offence of cruelty) of the IPC filed by the second wife against the husband and her in-laws is not maintainable. A bench of Justice Sanjay K. Agrawal and Justice Sachin Singh Rajput held thus while answering a reference made by a Single Judge to the division bench on the following...
Appeal Against Order Of Acquittal U/S 138 NI Act Lies To High Court U/S 378(4) CrPC & Not Under Proviso To S. 372 CrPC: Chhattisgarh HC
The Chhattisgarh High Court has clarified that appeal against the order of acquittal under Section 138 of the Negotiable Instruments Act, 1881 lies to the High Court under Section 378(4) of the Code of Criminal Procedure and not under proviso to Section 372 of the Code.The Single Bench of Justice Deepak Kumar Tiwari was hearing a criminal revision filed by the revision-petitioner who...
Supreme Court Collegium Recommends Appointment Of A Judicial Officer As Chhattisgarh HC Judge
The Supreme Court Collegium has recommended the name of Shri Arvind Kumar Verma, Judicial Officer, for appointment as Judge of the High Court of Chhattisgarh.On 6 August 2023, the Chief Justice of the High Court of Chhattisgarh in consultation with his two senior-most colleagues made the above recommendation. The Chief Minister and the Governor of the State of Chhattisgarh have concurred with...
'Dark-Skinned Women Portrayed As Under Confident, Insecure': Chhattisgarh HC Urges Human Race To Eradicate Skin Color Bias
The Chhattisgarh High Court has recently held that the entire society of the human race needs to change dialogue at home so as to ensure discrimination based on 'skin colour' can be eradicated.While deciding a matrimonial dispute, the Division Bench of Justice Goutam Bhaduri and Justice Deepak Kumar Tiwari took note of abuses that were hurled at the wife by the husband for being a...
Chhattisgarh High Court Upholds Constitutional Validity Of S. 16(4) Of CGST Act
The Chhattisgarh High Court upheld the constitutional validity of Section 16(4) of the CGST Act, which specifies the time frame in which a registered taxpayer is required to claim input tax credit.The bench of Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal has observed that Section 16(4) of the CGST Act is violative of neither Article 14 of the Constitution nor Articles 19(1)(g)...
S.306 IPC | Partner Can't Be Held Guilty For Abetment If Lover Commits Suicide Due To Love Failure: Chhattisgarh High Court
The Chhattisgarh High Court has held that if a lover commits suicide due to failure in a romantic relationship, his partner cannot per se be held to have abetted the commission of the suicide.While quashing a charge against a lady accused of abetting the suicide of her ex-boyfriend, the Single Bench of Justice Parth Prateem Sahu also observed: “If a lover commits suicide due to love failure,...
Section 19 HAMA 1956 | When Can Widowed Woman Claim Maintenance From Father-In-Law? : Chhattisgarh High Court Answers
Analysing the mandate of Section 19 of the Hindu Adoptions and Maintenance Act, 1956, the Chhattisgarh High Court has observed that a widowed woman can claim maintenance from her father-in-law to the extent that she is unable to maintain herself out of her earnings or other property or, where she has no property of her own, she is unable to obtain maintenance, from the estate of her husband...