'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...

'Dismissed After 2 Yrs Without Any Opportunity For Hearing': Chattisgarh HC Sets Aside Cancellation Of Anganbadi Sahayika's Appointment

The Chhattisgarh High Court has struck down an administrative decision to cancel the appointment of an 'anganbadi sahaika' who was ousted from the said post after the manner of appointment of a similarly placed employee was called into question in a distinct proceeding. The single-judge bench of Justice Goutam Bhaduri noted that the CEO, Janpad Panchayath erred in removing the petitioner...

Merely Abducting Woman Not An Offence U/S 366 IPC, Intention To Marry Or Force Intercourse Must Be Proved: Chhattisgarh High Court

The Chhattisgarh High Court has recently held that every abduction of a minor female cannot be regarded as an offence under Section 366 IPC [Kidnapping, abducting or inducing woman to compel her marriage, etc].The Division Bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal underscored that the ingredients of such an offence must be corroborated by the victim's statement,...

Supreme Court Collegium Recommends Appointment Of Two Lawyers As Chhattisgarh HC Judges

The Supreme Court Collegium on Tuesday recommended the names of two advocates to be appointed judges of the Chhattisgarh High Court.The Collegium comprising the Chief Justice of India (CJI) DY Chandrachud, Justice Sanjiv Khanna and Justice BR Gavai recommended the following names for judgeship,1.Advocate Bibhu Datta Guru.2. Advocate Amitendra Kishore Prasad @ AK Prasad.Click here to read...

'Lakhs Of Fishes Have Died' : Chhattisgarh HC Takes Suo Moto Cognizance Of Alcohol Factories Polluting River In State

On Monday, the Chhattisgarh High Court took suo moto cognizance of severe pollution caused by alcohol factories in the Mohbhatta-Dhooma region of District Mungeli in the state. The pollution resulted in mass fish deaths in the river and community distress.A bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal took suo moto note of the alcohol factories polluting river in...

Chhattisgarh High Court Takes Suo-Moto Cognizance Of Malaria-Diarrhea Outbreak In State, Seeks Details Of Measures Taken By Govt

Based on the news stories published in the Daily News Papers, the Chhattisgarh High Court took suo-moto cognizance of the Malaria and Diarrhea outbreak in the State of Chhattisgarh and the resultant deaths occurred due to the lack of medical facilities in the remote parts of Chhattisgarh.The Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal issued notice to the...

Can Rely Upon A Dying Declaration Recorded By Executive Magistrate After Doctor Finds Patient To Be Mentally Fit: Chhattisgarh HC

The Chhattisgarh High Court has observed that a dying declaration recorded by an Executive Magistrate, following a certification by a doctor that the patient is fit to give a statement, can be considered reliable. A bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal observed thus while upholding the conviction of two accused, one of whom had been convicted of...

Right To Expeditious Trial Is A Fundamental Right: Chhattisgarh HC Reiterates While Allowing Bail Application U/S 439 CrPC

The Chattisgarh High Court has allowed a bail application upon observing that the right to expeditious trial is a fundamental right.While allowing a bail application, the court referred to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 which replaced the Criminal Procedure Code with effect from 01.07.2024. The applicant/accused filed an application under Section 439 CrPC before the...

S.52A NDPS Act Mandates Samples To Be Drawn In Presence Of Judicial Magistrate, Not Gazetted Officer: Chhattisgarh High Court

The Chhattisgarh High Court has made it clear that the mandate of Section 52A NDPS Act qua drawing of samples from alleged contraband is fulfilled only when the same is done in presence of a Judicial Magistrate, not in presence of a Gazetted Officer.Underscoring the critical importance of adhering to the statutory procedures outlined under the Act, a Division bench of Chief Justice Ramesh...