'Child Adoption Leave' A Fundamental Right Of Adoptive Mothers Under Article 21: Chhattisgarh High Court

In a landmark judgment, the Chhattisgarh High Court has held that women employees who adopt children are also entitled to childcare/child adoption/maternity leave since it is a fundamental right of every mother under Article 21 of the Constitution, irrespective of the mode of attainment of motherhood, to give motherly care and attention to their new-born children.Justice Bibhu Datta Guru...

Income Tax Act | Bona Fide Belief With Genuineness Of Transaction Constitutes Reasonable Cause U/S 273B; No Penalty Imposable U/S 271E: Chhattisgarh HC

The Chhattisgarh High Court held that bona fide belief coupled with genuineness of transactions constitutes a reasonable cause under section 273B of the Income Tax Act for not invoking Section 271E of the Act. The Division Bench of Justices Sanjay K. Agrawal and Deepak Kumar Tiwari referring to Section 273B of the Income Tax Act stated that the word 'reasonable cause' has not...

Chhattisgarh HC Rejects Challenge To Declaration Of 'Moolvasi Bachao Manch' As Unlawful Organization, Says Matter Before Advisory Board

The Chhattisgarh High Court on Monday (May 5) dismissed a plea challenging a State government notification under Chhattisgarh Vishesh Jan Suraksha Adhiniyam (CVJSA) 2005 (Special Public Safety Act) declaring an Adivasi organisation–Moolvasi Bachao Manch (MBM) as an unlawful organization.A division bench of Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma noted that the organisation...

Plea In Chhattisgarh HC Challenges Vires Of Public Safety Act, Notification Declaring 'Moolvasi Bachao Manch' Unlawful Organization

A plea has moved before the Chhattisgarh High Court challenging a state government notification under the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (CVJSA) 2005 (Special Public Safety Act) declaring an Adivasi organisation–Moolvasi Bachao Manch (MBM) as an unlawful organization in October 2024. The plea also challenges the constitutionality of the CVJSA as being ultra vires Articles...

Compassionate Appointment A One-Time Benefit; Acceptance Even Under Protest Forbids Subsequent Claims For Upgradation: Chhattisgarh HC

The Chhattisgarh High Court has held that compassionate appointment is a one-time benefit, and if a post offered on compassionate basis is accepted even under protest, it constitutes exhaustion of the benefit and it cannot further be pressed for higher entitlement or upgradation.Dismissing a writ petition filed by a Gardener (Mali), who had accepted the post under protest, and claimed that he...

'May Compromise Privacy': Chhattisgarh HC Upholds Trial Court Order Denying Defence Access To Social Media Accounts Of Alleged Rape Victim

The Chhattisgarh High Court has recently upheld a trial Court order which rejected the prayer of the accused/defense seeking access to the social media accounts, i.e. Facebook and Instagram profiles of an alleged rape victim on the ground of possible breach of her privacy.Justice Arvind Kumar Verma discarded such request of the defense, which was made to verify authenticity of the...

Chhattisgarh HC Allows Plea Of Daily Wage Helper In Ayurvedic Health Care Centre Seeking Regularisation Of Services After Two Decades

The Chhattisgarh High Court has allowed a petition seeking regularisation of services of an employee working in State's Ayurvedic Health Care Centre as Aushdhalay Sevak (Helper) on daily wage for two decades.Ordering a proper assessment of the employee's case and records, a Single Judge Bench of Justice Bibhu Datta Guru held,“Having regard to the facts and circumstances of the case and...

"Aiding Leak Of Question Paper More Heinous Than Murder": Chhattisgarh High Court Denies Bail To Ex-PSC Chairman

The Chhattisgarh High Court has denied bail to the former Chairman of the State Public Service Commission, who was accused of leaking the State Service Examination paper and giving undue advantage to his family members.Justice Bibhu Datta Guru, while dismissing the bail application, strongly condemned the paper leak and remarked:“…a person who indulges in facilitating leakage of...

Section 348 BNSS | Court's Power To Recall, Re-Examine Witness Must Be Exercised With Great Caution: Chhattisgarh High Court Reiterates

The Chhattisgarh High Court has reiterated that Section 348 of BNSS (erstwhile Section 311 CrPC) which grants court power to summon any person or examine them, or recall and re-examine already examined person, can only be invoked to meet ends of justice, for strong and valid reasons and must be exercised with great caution. Section 348 of BNSS bestows upon the Court the power to summon, at...

Compassionate Appointment Can't Be Misused On Ground That Already Employed Family Member Is Financially Unsupportive: Chattisgarh HC

The Chhattisgarh High Court has rejected a plea of a woman who sought compassionate appointment after the death of her husband on the grounds that the family was financially well, despite her claim that the earning member of the family was unable to support her.Referring to the compassionate appointment scheme, which was relied on by the deceased's wife on the ground that it provided no bar...

Marks Deducted For Typing Words Not Dictated: Chattisgarh HC Rejects Candidate's Plea Alleging Wrong Calculation In Stenographer's Test

The Chhattisgarh High Court has rejected a plea of a candidate who challenged his non-selection to the post of Stenographer on account of wrongful calculation of marks during skill test.A division bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, held,“From perusal of the answer sheet of the appellant, it is quite vivid that the appellant has typed the word which was...

“Private Agenda”: Chhattisgarh High Court Dismisses PIL Seeking Release Of Sanctioned Amount Of ₹20 Lakh For 'Malhar Mahotsav'

The Chhattisgarh High Court, by an order dated 2.04.2025, has dismissed a PIL filed by the President of Bilaspur Lokhit Sanskritik Seva Samiti, Malhar, praying before the Court to direct the state authorities to release a sanctioned amount of Rs.20 lakh for the smooth organisation of Malhar Mahotsav, which had not been organised for the past six years due to financial constraints.In this...