Chhattisgarh High Court
Service Tax Refund Cannot Be Denied On Limitation When Deposit Was Made During Investigation: Chhattisgarh High Court
The Chhattisgarh High Court has held that service tax deposited during the course of investigation cannot be denied refund merely on the ground of limitation under Section 102(3) of the Finance Act, 1994, especially when the department itself later drops proceedings and acknowledges non-liability. The Division Bench of Justice Rajani Dubey and Justice Amitendra Kishore Prasad...
Wrong Knee Operated? Chhattisgarh High Court Orders Fresh Inquiry Citing Violation Of State Clinical Establishments Law
The Chhattisgarh High Court has granted relief to a knee-surgery patient (petitioner) after a hospital allegedly operated on the wrong knee and conducted an inquiry into the same through an improperly constituted committee.The Court was dealing with a writ petition where the petitioner argued that the Committee– tasked with enquiring into her complaint regarding operation on the wrong...
Chhattisgarh High Court Directs State To Intensify Awareness Drive Against Road Stunts, Birthday Celebrations On Highways
The Chhattisgarh High Court has, yet again, expressed its dissatisfaction with the recurring incidents of road hooliganism and birthday celebrations on cars and has lamented that despite multiple efforts on part of the State to bring awareness among the public, such incidents continue to occur repeatedly.A Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta called upon...
Withdrawal Of VRS Permissible Before Effective Date; Consequential Benefits Barred By Estoppel If Post-Retirement Employment Availed: Chhattisgarh HC
A Division Bench of the Chhattisgarh High Court comprising Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held that an employee can withdraw a notice of voluntary retirement any time before it becomes effective under Rule 67(4) of the Railway Services (Pension) Rules, 1993, however, he is estopped from claiming consequential service benefits if he has...
'Personal Choice Must Be Respected': Chhattisgarh High Court Allows Minor Rape Survivor To Terminate 21-Week Pregnancy
The Chhattisgarh High Court has allowed a minor rape and sexual assault survivor to terminate her 21-week pregnancy, reiterating that disallowing the same would be a violation of her right to bodily integrity, aggravate her mental trauma, and have a devastating effect on her physical, psychological and mental health.Referring to the Supreme Court's dictum in Suchita Srivastava and Another...
4-Yr-Old Hung From Tree By Teachers Over Incomplete Homework: Chhattisgarh High Court Takes Cognizance
The Chhattisgarh High Court has taken cognizance of a horrific incident where a four-year-old LKG student was allegedly tied with a rope and hung from a tree by two female teachers purportedly over his failure to complete homework.The Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru took cognizance of a newspaper report which highlighted the unfortunate incident from...
Chhattisgarh High Court Strikes Down PG Medical Admission Rule Granting Priority To State Colleges' Students, Alumni As Ultra Vires
The Chhattisgarh High Court has struck down Rule 11(a) and (b) of the Chhattisgarh Medical Post Graduate Admission Rules, 2025 (2025 Rules), which provided institution-based preference to alumni of state institutions, amounting to de-facto reservation, as ultra-vires the Constitution of India.Rule 11(a) of 2025 Rules provided that admission to seats available in the State quota will be...
Chhattisgarh High Court Refuses To Direct Politician's Arrest In Hate Speech FIR; Says Courts Can't Micromanage Investigations
The Chhattisgarh High Court dismissed a plea seeking a direction to the authorities to take time-bound coercive action against Johar Chhattisgarh Party leader Amit Baghel, including his arrest, a thorough investigation and filing of a charge sheet in all pending FIRs registered against him for hate speech.In doing so the court said that mere assertion of “State apathy” claiming that...
HAMA | Father Obliged To Provide Maintenance & Marriage Expenses To Unmarried Major Daughter: Chhattisgarh High Court
The Chhattisgarh High Court has held that a father is legally as well as morally duty bound to provide maintenance and marriage expenses to his daughter, even after she attains the age of majority.While dismissing an appeal against maintenance order passed by Family Court, the Division Bench of Justice Sanjay K. Agrawal and Justice Sanjay Kumar Jaiswal held -"The appellant/defendant, being...
Delayed Compassionate Appointment Defeats Its Purpose; Relief Can't Be Granted After Lapse Of 15 Years From Date Of Death: Chhattisgarh HC
A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that compassionate appointment cannot be granted after a long lapse of time (15 years), as it is meant to provide immediate financial relief to the family of a deceased employee. Background Facts The mother of the appellant was employed as an Assistant Teacher...
'Disabled Staff Compelled To Climb Stairs Daily': Chhattisgarh High Court On Lack Of Basic Necessities Like Functional Lift In Govt Building
The Chhattisgarh High Court has taken suo-motu cognisance of a news-item published in a Hindi daily, which reported the concerning conditions of a composite Government building, which accommodates the commuting of roughly 500 employees and visitors on a daily basis including four disabled employees, and which has an inoperational lift for the past six months and is devoid of basic amenities...
Govt 'Not Privileged' For Condonation Of Delay, Law Of Limitation Can't Be Distorted To Advantage Select Few: Chhattisgarh High Court
The Chhattisgarh High Court has observed that condonation of delay is not a rule but an exception, which cannot be claimed as a matter of right or anticipated privilege by Government bodies, on whom the law of limitation equally applies.A Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held, “Government departments are under a special obligation to discharge...