Supreme Court Collegium Recommends Extension Of Term For Three Additional Judges Of Chhattisgarh High Court

The Supreme Court Collegium on Wednesday (March 19) recommended to extend the term of three Additional Judges of the Chhattisgarh High Court for another one year. The Judges whose terms have been proposed to be extended include –1. Justice Sachin Singh Rajput2. Justice Radhakishan Agrawal3. Justice Sanjay Kumar JaiswalClick here to read resolution...

In Absence Of Statutory Provision For Waiting List, Unfilled Vacancies Can't Be Claimed By Next Merit Candidate : Chhattisgarh HC

A division bench of the Chhattisgarh High Court comprising of Ramesh Sinha, Chief Justice and Justice Ravindra Kumar Agrawal, held that in absence of statutory provision for a waiting list, the unfilled vacancy cannot be claimed by the next candidate in merit, and such vacancies must be carried forward for the future recruitment Background Facts An advertisement for 57 posts...

All Pensioners Form A Single Class, & Classification Based On Cut-Off Date For Revised Pension Benefits Is Arbitrary & Violative Of Article 14: Chhattisgarh HC

The Chhattisgarh High Court bench comprising of Justice Rakesh Mohan Pandey held that differentiating pension benefits based on the retirement date (pre-2006 vs. post-2006) violates Article 14 of the Constitution as it creates an arbitrary classification without a justifiable relation to the objective of pension revision. Background Facts The pensioners of Government Colleges...

Legislature Must Relax Rigid Conditions U/S 45 PMLA To Allow Room For Bail Determination On Case-By-Case Basis: Chhattisgarh HC

In a significant observation, the Chhattisgarh High Court has said that in the interest of upholding the fundamental rights of the citizens, the legislature must relax the 'rigid' twin conditions under Section 45 of Prevention of Money Laundering Act to provide 'wiggle room' to the courts to determine bail on a more case-to-case basis. “This would prevent minor bail cases reaching...

'Naxal Attacks Are Politically Driven, Threaten National Security': Chhattisgarh HC Upholds Conviction Of Four In 2014 Tahakwara Naxal Ambush

The Chhattisgarh High Court has upheld the order of conviction passed by a Special NIA Court against four persons, who were held guilty for their involvement in 2014's Tahakwara Naxal attack in which 15 security personnel were martyred and a civilian lost his life. The Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal termed naxal attacks to be threat...

NDPS Act | Standing Order Non-Compliance Not Fatal To Prosecution's Case If Recovery Proved From Other Evidence: Chhattisgarh HC

The Chhattisgarh High Court has held that a deviation from Section 52- A of the NDPS Act or standing order will not be fatal to the prosecution case if the recovery and seizure of the contraband from the accused's possession are clearly established from other evidence in its cumulative effect. A bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal observed thus...

'Conduct Not In Accordance With Dignity Of AG's Office': Chhattisgarh HC Denies Anticipatory Bail To Ex-Advocate General In 'NAN Scam' Case

The Chhattisgarh High Court has rejected anticipatory bail to former Advocate General Satish Chandra Verma for his alleged involvement in the 'Nagarik Apurti Nigam' scam ('NAN scam') and misusing his constitutional office to influence outcomes of certain cases in favour of top administrative officers of the State. While finding prima facie case against the applicant, Justice...

Chhattisgarh HC Acquits Man Accused Of Unnatural Sex With Wife, Says S.377 IPC Would Be Repugnant Due To Exception 2 To S.375 IPC

The Chhattisgarh High Court has found Section 377, which provides punishment for unnatural offences, to be repugnant to Exception 2 of Section 375 of the IPC, which says that sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.While acquitting a husband from the charge of non-consensual unnatural sexual intercourse with...

S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court

"Sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance," the Court said.

Execution Proceedings Can't Be Quashed Solely Due To Non-Supply Of Signed Arbitral Award: Chhattisgarh High Court

The Chhattisgarh High Court bench of Justice Rakesh Mohan Pandey has held that non-supply of the signed arbitral award may be a ground for setting aside an award, but on this ground alone, the execution proceedings cannot be quashed. Brief Facts The petitioner purchased a vehicle through a hire purchase agreement with respondent No.1/bank. The petitioner failed to make payment...

Chhattisgarh High Court Takes Suo Moto Cognizance Of Non-Functioning Of State Bar Council Since 2021

On Thursday, the Chhattisgarh High Court registered a suo moto Public Interest Litigation (PIL) over the non-functioning State Bar Council of Chhattisgarh since 2021. In its order, a bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal noted that several crucial activities have come to a halt due to the State Bar Council's non-functioning since 2021. These...

Second Wife Of Husband Can't Be Prosecuted For Bigamy Under Section 494 IPC: Chhattisgarh High Court

The Chhattisgarh High Court has reiterated that a person who is single and marries another whose marriage is substituting cannot be not liable under Section 494 IPC, but it is the person whose marriage is substituting who would be liable. Interpreting the provision of law, the Bench of Justice Arvind Kumar Verma held –“In the present case, it is not the case of the prosecution that...