Chhattisgarh High Court
ITC Not Available On Cess For Electricity Supplied To Residential Township: Chhattisgarh High Court
The Chhattisgarh High Court held that input tax credit is not available on cess for electricity supplied to residential township. Justice Sanjay K. Agrawal stated that the electricity generated is used in the course of or furtherance of his business, which is evident from Form G provided by the taxpayer(assessee), hence, the assessee would not be entitled for ITC to electrical...
Chattisgarh High Court Calls For State's Response On Media Reports Flagging “Pathetic Situation” At AIIMS Raipur, Other Govt Hospitals
The Chhattisgarh High Court has taken serious note of the appallingly shoddy and substandard conditions prevailing in government hospitals across the State, particularly in the capital city of Raipur.The Court's intervention was triggered by multiple news reports, including one from a Hindi daily which detailed how patients at AIIMS, Raipur had to wait for nearly 48 hours after registration...
Chhattisgarh High Court Slams Self Help Group, Teachers Of Govt School For Allegedly Serving 'Dog-Licked Food' To Students
The Chhattisgarh High Court pulled up authorities of a Government Middle School located in Balodabazar district wherein "dog-licked food" was allegedly served to the students, thereby endangering their life and making them highly susceptible to rabies.The court took note of an August 3 news-report published in a Hindi daily which reported that students were served food licked by a dog. The...
Merely Saying 'I Love You' To Girl Not Sexual Harassment Under POCSO Act: Chhattisgarh High Court
The Chhattisgarh High Court has held that merely shouting “I love you” to a girl does not constitute sexual harassment as defined under Section 7 of the Protection of Children from Sexual Harassment Act, 2012 ('POCSO Act'), unless accompanied with 'sexual intent'. While upholding the order of acquittal of the respondent/accused, the Bench of Justice Sanjay S. Agrawal...
Youths Block Highway To Perform Stunts & Make Reels: Chhattisgarh High Court Orders Chief Secretary To File Personal Affidavit
The Chhattisgarh High Court has expressed deep concern over a recent incident involving youths of affluent background parking their cars in the middle of national highway to perform stunts and record reels.While hearing a suo moto public interest litigation, the Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru observed –“Time and again, such incidents of mischief...
Courts Must Be Cautious In Transfer Pleas Alleging Judicial Bias, Reckless Claims Erode Public Faith: Chhattisgarh High Court
The Chhattisgarh High Court has said that transfer of a case– particularly where it is sought by making allegations against a Presiding Officer, is a "serious matter" and the same cannot be allowed merely on a suspicion that a party will not get justice.In this regard, Chief Justice Ramesh Sinha explained,“Mere suspicion by the party that he will not get justice would not justify...
UAPA | 'Prolonged Detention Can't Outweigh National Security': Chhattisgarh High Court Refuses Bail In IED Blast Case
The Chhattisgarh High Court has rejected an appeal against rejection of bail by Special Judge (NIA), Raipur to three persons allegedly involved in attacking security force with IED blast which killed an ITBP Constable.While denying relief to the appellants, the Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that prolonged detention or socio-economic hardship...
Husband Can't Compel Wife To Share Mobile Or Bank Passwords: Chhattisgarh High Court
The Chhattisgarh High Court has observed that a husband cannot compel his wife to share private information, communications, personal belongings and even passwords of mobile phones and bank accounts.The Bench of Justice Rakesh Mohan Pandey also observed that any such compulsion by the husband shall amount to infringement of privacy and would also potentially lead to invocation of the...
Chhattisgarh High Court Junks PIL Seeking Hemp Cultivation For Industrial Use, Flags Rising Drug Abuse
The Chhattisgarh High Court has dismissed a Public Interest Litigation (PIL) petition filed by Dr. Sachin Ashok Kale, seeking permission to cultivate and develop an ecosystem of industrial hemp/cannabis in the State, along with directives for defining, licensing, and establishing a regulatory framework for the growth and use of hemp for medicinal, industrial, and environmental purposes.A...
Excluding Degree Holders Unreasonable: Chhattisgarh High Court Strikes Down Sub-Engineers Recruitment Rule Having Diploma As Sole-Criteria
The Chhattisgarh High Court has struck down Rule 8 Schedule-III Sr. No.1 Column No.5 of Chhattisgarh Public Engineering Department (Non-Gazetted) (Recruitment and Condition of Service) Rules 2016 prescribing a 3-year Engineering Diploma as sole educational qualification for recruitment of Sub-Engineers thereby excluding engineering degree holders–as unconstitutional.Reiterating that...
Pujari Merely A 'Grantee' Appointed To Manage Deity's Property, Can't Claim Rights Over Temple Land: Chhattisgarh High Court
The Chhattisgarh High Court has recently held that a Pujari or priest is merely a “grantee” entrusted with the management of a deity's property and his role extends to that of a manager who has no proprietary rights over the land. He cannot thus be treated as Bhumiswami (owner of land).In this regard, Justice Bibhu Datta Guru further observed,“…the law is clear on the distinction that...
Chhattisgarh High Court Upholds Dismissal Of Technician for Habitual Absenteeism, Says Imposition Of Punishment Is 'Managerial' Function
Dismissing a plea of reinstatement of a former Technician of Bhilai Steel Plant, whose services were terminated on account of habitual absence from duty, the Chhattisgarh High Court has held that imposition of punishment in disciplinary matters is a managerial function which does not warrant interference by the Court unless the punishment seems patently shocking.For context— petitioner...