Chhattisgarh High Court
'Keeping Penis Above Vagina, Ejaculating Without Penetration Isn't Rape': Chhattisgarh High Court Alters Rape Conviction
The Chhattisgarh High Court on Monday (February 16) held that keeping male organ over vagina and subsequently ejaculating without penetration cannot be called as 'rape' under Section 375 of the Indian Penal Code (IPC), which rather constitute an 'attempt to rape' and shall be punishable under Section 376/511 of the IPC.While altering a rape conviction to one for attempt to rape, the Bench...
Bail Not An Absolute Right For Juveniles Under JJ Act, 'Ends Of Justice' A Key Test Under Section 12: Chhattisgarh High Court
While denying bail to a juvenile accused of a heinous murder, the Chhattisgarh High Court has explained that bail cannot be claimed by a juvenile as a matter of right, as the nature and gravity of the crime committed has to be taken into due consideration.Justice Arvind Kumar Verma referred to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act),...
'Privacy Must Yield To Fair Trial': Chhattisgarh High Court Allows Husband To Produce Wife's Call Recordings, WhatsApp Chats In Divorce Case
The Chhattisgarh High Court has upheld a Family Court order allowing a husband to produce the call recordings and WhatsApp chats of his wife in their divorce proceedings.While rejecting the objections of the wife on the ground of violation of her right to privacy under Article 21 of the Constitution, the Bench of Justice Sachin Singh Rajput made it clear that the 'right to privacy' being...
Chhattisgarh High Court Raps Police For Illegal Arrest, Alleged Custodial Violence; Awards ₹1 Lakh Compensation To Arrestee
The Chhattisgarh High Court has come down heavily on police officials for the illegal arrest, alleged custodial violence, and continuous harassment and humiliation meted out to a hotel owner, holding that the unwarranted incarceration resulted in a “serious infringement” of fundamental rights of personal liberty and dignity.While the petitioner was lawfully running his licensed hotel, it...
Rape An Affront To Womanhood, 'Brutally Infringes' Right To Life: Chhattisgarh High Court
While upholding a rape conviction, the Chhattisgarh High Court has observed that the offence of rape is an “affront to womanhood” and constitutes a brazen violation of several aspects of Article 21 such as dignity, bodily privacy, and personal liberty.Justice Narendra Kumar Vyas observed, "Rape is one of the gravest and most heinous offences against a woman. It is an affront to...
'No Presumption Of Validity For 30-Year-Old Wills U/S 90 Evidence Act, Execution Must Be Strictly Proved': Chhattisgarh High Court
The Chhattisgarh High Court has explained that the presumption contemplated under Section 90 of Indian Evidence Act (IEA) in respect of documents more than 30 years old does not apply to Wills, as a Will is required to be proved by strict compliance with statutory provisions governing its execution and attestation.Justice Bibhu Datta Guru explained that “a will speaks only from the death of...
Compassionate Appointment Meant For Immediate Succour, Not To Serve As Channel Of Public Employment After Decades: Chhattisgarh High Court
The Chhattisgarh High Court has refused to grant relief to an individual— who filed an application for compassionate appointment after an inordinate delay of 14 years after the death of his father, holding that the underlying objective of compassionate appointments is to provide immediate succour, and not serve as a delayed channel of public employment decades after the death of the...
Right Of Land Losers To Rehabilitation & Employment Flows From Article 21; Arbitrary Denial Violates Articles 14, 15, 21: Chhattisgarh High Court
The Chhattisgarh High Court has held that the right of land losers— to acquire rehabilitation and employment— is a logical corollary of Article 21, and denial of such a benefit is violative of Articles 14, 15 and 21 of the Constitution.In this regard, Justice Arvind Kumar Verma explained,“Right of the land losers to get employment as per the rehabilitation policy is extremely...
Court Employee Can't Pursue LLB As Regular Student In Violation Of Service Rules: Chhattisgarh High Court
The Chhattisgarh High Court has set aside a single judge order permitting a probationary employee (Respondent-1) of the Principal District and Session Court to attend his third-year of LLB course as a regular student, holding that such permission has direct implications on administrative discipline, office functioning, and statutory compliance.In September 2022, Respondent-1 was appointed as...
Accused Tortured & Paraded Over Trivial Dispute? Chhattisgarh High Court Flays Police For 'Casual' Action; Orders Probe Against SHO
The Chhattisgarh High Court has expressed serious concern over the handling of a case by the Bhilai police authorities, in which the petitioners alleged that they were booked over a trivial issue and subjected to mental and physical custodial torture, illegal handcuffing and public parading, where they were allegedly forced to chant derogatory slogans.The incident arose out of a purported...
Failure To Provide Basic Needs To Parents Breaches Implied Condition Under Senior Citizens Act; Gift Deed Liable To Cancellation: Chhattisgarh HC
The Chhattisgarh High Court has upheld the cancellation of a 2016 gift deed executed by an elderly octogenarian couple (respondents 2 and 3) in favour of their nephew (petitioner 1), holding that failure to provide care and basic needs amounts to breach of an implied condition under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (2007 Act).Justice Narendra Kumar...
Chhattisgarh High Court Grants ₹1 Lakh Compensation To Law Student Arrested Illegally & 'Mechanically' Remanded To Judicial Custody
The Chhattisgarh High Court on Wednesday (January 21) ordered the State to pay Rs. 1 Lakh compensation to a law student who was illegally arrested by the police without registration of any FIR and mechanically remanded to judicial custody bereft of any cognizable offence.Emphasizing the value of personal liberty and dignity, the Division Bench of Chief Justice Ramesh Sinha and Justice...