Chhattisgarh High Court Refuses To Quash FIR Against Assistant Professors Accused Of Compelling Hindu Students To Offer Namaz

The Chhattisgarh High Court has recently denied to quash FIR against seven Assistant Professors accused of compelling Hindu students to offer Namaz at a National Service Scheme (NSS) camp organized by their University at Kota in Bilaspur district. The petitioners, while working as Assistant Professors at Guru Ghasidas University, Bilaspur, were deputed to supervise the NSS camp held...

Chhattisgarh High Court Upholds Externment Order Against Habitual Offender, Says His Free Movement Is 'Too Dangerous To Public'

The Chhattisgarh High Court has upheld the validity of an externment order passed by the District Magistrate of Mahasamund against a habitual offender, barring him from entering the boundaries of multiple districts of the state.Through a writ petition, the petitioner, who had a long history of criminal conduct, marked by multiple cases and preventive actions between 1995 and 2023, with...

State Duty-Bound To Timely Lift Paddy Stock From Procurement Centers To Avert Financial Loss And Natural Hazards: Chhattisgarh High Court

The Chhattisgarh High Court has directed the State to lift paddy stored at Adim Jaati Sewa Sahkari Samiti Marayadit Kulhariya (petitioner Society) to avoid financial loss to the Society due to prolonged storage and non-payment of commission.In this regard, Justice Amitendra Kishore Prasad held,“…it appears that the quantity of paddy is being lifted from the concerned procurement centers...

Court Cannot Interfere When Alternative Remedy Under CGST Act Is Available, Unless Extraordinary Circumstances Arise: Chhattisgarh High Court

The Chhattisgarh High Court has reiterated that while writ petitions can be entertained even when alternative statutory remedies are available, the same should only be done under extraordinary circumstances involving a breach of the principles of natural justice or when the procedure required for a decision has not been adopted.In this regard, a Single-Judge Bench of Justice Ravindra...

Chhattisgarh High Court Upholds Penalty Stopping Increments To SBI Employee Accused Of Sexually Harassing Staff, Customers

The Chhattisgarh High Court has upheld disciplinary action taken against a State Bank of India (SBI) employee accused of misbehaving with a lady customer and of sexual harassment, thereby affirming the penalty of stoppage of two increments with cumulative effect imposed on him.In this regard, a division bench of Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma held,“From the...

All Tender, Contract Matters Concerning Govt Bodies To Be Heard By Division Bench: Chhattisgarh High Court Clarifies

A full bench of the Chhattisgarh High Court while removing ambiguity with respect to Rule 23(1)(iv) of the High Court of Chhattisgarh Rules has said that all matters relating to tender/contract concerning the Government/Public Undertaking/Local Bodies/Statutory Bodies are to be heard by a Division Bench.Rule 23(1)(iv) of the Rules, 2007 prescribed that writ petitions relating to...

Disallowance U/S 143(1)(a) Of Income Tax Act Inapplicable When Issue Involved Is Pending Before Supreme Court: Chhattisgarh High Court

The Chhattisgarh High Court has held that an Assessing Officer (AO) cannot apply Section 143(1)(a) of the Income Tax Act, 1961 (the 1961 Act), to disallow a claim where the issue involved, such as the deductibility of employees' contributions to EPF/ESI under Section 36(1)(va), was pending consideration before the Supreme Court in Checkmate Services Pvt. Ltd. v. CIT [(2023) 6 SCC 451].In...

Wife Divorced On Ground Of Adultery Can't Claim Maintenance U/S 125 CrPC: Chhattisgarh High Court

The Chhattisgarh High Court has held that a woman who is divorced on the ground of adultery as proved by her former husband, cannot claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC).In this regard, Justice Arvind Kumar Verma in his order said:"Sub-Section 4 of Section 125 of the CrPC provides that if a woman lives in adultery, whose marriage is still subsisting, she...

'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...