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High Court Of Chhattisgarh

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RSS IMPORTANT NOTICE
  • Order No. 20/(mis.) Bilaspur, dated 24th April 2024.
  • Supplementary Roster for the High Court of Chhattisgarh with effect from 25.04.2024.
  • Order No. 377/2024 Bilaspur, dated 23rd April 2024.
  • Modification to the current Roster of High Court of Chhattisgarh, Bilaspur.
  • Admit Card for phase-I written test for recruitment to the post of Data Entry Operator.

  • Endt No. 6287/Rules/2024 Bilaspur, dated 18th April 2024.
  • Order No. 360/Confdl/2024 Bilaspur, dated 16th April 2024.
  • Endt No. 359/Confdl Bilaspur, dated 15th April 2024.
  • Corrigendum No. 357/Confdl Bilaspur, dated 15th April 2024.
  • Notification No. 6049 Bilaspur, dated 15th April 2024.
  • Information regarding recruitment to the post of Data Entry Operator.
  • List of Eligible Candidates for recruitment to the post of Data Entry Operator for Phase I Written Test to be held on 28.04.2024
  • Lists of Ineligible and application received after cut off date i.e. 30.10.2023 Rejected Candidates for recruitment to the post of Data Entry Operator.
  • Notification No. 63(Mis.)/ Bilaspur, dated 12th April 2024.
  • Notification No. 62(Mis.)/ Bilaspur, dated 12th April 2024.
  • Order No. 340/Confdl./2024 Bilaspur, dated 10th April 2024.
  • Order No. 337/Confdl./2024 Bilaspur, dated 10th April 2024.
  • Order No. 334/Confdl./2024 Bilaspur, dated 10th April 2024.
  • Following shall be the Roster for the High Court of Chhattisgarh Bilaspur with effect from 15.04.2024
  • Endt No. 5687/checker Bilaspur, dated 06th April 2024.
  • Endt No. 5566/Rules/2024 Bilaspur, dated 05th April 2024.
  • Endt No. 5565/Rules/2024 Bilaspur, dated 05th April 2024.
  • Notification No. 5483/Rules/2024 Bilaspur, dated 03rd April 2024.
  • Endt No. 5406/Rules/2024 Bilaspur, dated 02nd April 2024.
  • Supplementary Roster for the High Court of Chhattisgarh with effect from 08.04.2024.
  • Regarding Pre-sitting meeting of National Lok Adalat on 11th May 2024.
  • Endt No. 316/Confdl./2024 Bilaspur, dated 01st April 2024.
LATEST A F R  RSS LOGO
  • Fixation of tender conditions and its interpretation is entirely within the purview of the authority issuing the tender and the Courts have a very little scope for interference as it lacks experties to deal with the technical issues.
  • The testimony of the prosecutrix must be appreciated in the background of the entire case and the trial Court must be alive to its responsibility and be sensitive while dealing with cases involving sexual molestations.
  • Principle of audi alteram partem is designed to afford an individual right to a fair hearing which means granting real and meaningful opportunity wherein adequate time must given to individual to prepare and present the defence.
  • Where a statutory authority dehors the jurisdiction or when they are in breach of principles of natural justice, the party would be entitled to invoke the jurisdiction of the High Court under Article 226 of the Constitution despite avilability of alternate remedy.
  • Litigant who prefers allegation of fraud or other improper conduct must place on record precise and specific details of those charges.
  • That a registered deed of sale carries presumption that the transaction was a genuine one. If execution of such sale deed is proved, onus is on defendant to prove that the deed was not executed and it was a sham transaction.
  • The State is empowered to frame rules with regard to service conditions of its employees and legislation may be declared ultra vires if it is enacted beyond the legislative competence is ultra vires to the Constitution or manifestly arbitrary. There is a presumption of validity of statute.
  • If the totality of the circumstances appearing on the record of the case discloses that the prosecutrix does not have a strong motive to falsely involve the person charged, the Court should ordinarily have no hesitation in accepting her evidence.
  • DNA report and FSL report play an important role for examining the involvement of a accused in a crime. Court must recognize the conclusiveness and correctness of DNA testing while adjudicating the crimes.
  • In case the accused fails to explain or establish the facts of case within his personal knowledge an adverse inference can be drawn against him under the garb of Section 106 of the Indian Evidence Act.
  • Victim of rape being an injured witness is exclusively considered as a ‘sterling witness’.
  • Reservation Policy for SC and ST in Promotion can be framed only on the basis of yardstick fixed for collecting quantifiable data by the Hon’ble Supreme Court in various authoritative pronouncements and also based on the provisions contained in Article 16(4A) and (4B) of the Constitution of India.
  • The evidence of a child witness is not required to be rejected per se, but the court as a rule of prudence considers such evidence with close scrutiny and only on being convinced about the quality thereof and reliability can record conviction,based thereon.
    • A clause of any notification cannot be declared as ultra vires merely because it is not beneficial to a party or an individual, furthermore, when it is to by-pass a remedy available to it under the law.
      • Subordinate legislation can be given retrospective effect if the power in this behalf is contained in the main Act.
        • In case of any dispute as to whom the amount of compensation or any part thereof is payable, the competent authority has to refer the dispute to the decision of the Principal Civil Court of original jurisdiction i.e. the District Judge concerned, within the limits of whose jurisdiction the land is situated.
        • Taking into consideration the constitutional essence of Right to Education, the Chhattisgarh School Education Services(Educational and Administrative Cadre) Recruitment and Promotion Rules 2019 prescribing the qualification of B.Ed. under Rule 8(III) as eligibility criteria for Assistant Teacher of primary school deems to be ultra vires.
        • An organised crime committed in a deep rooted criminal conspiracy for murder should not go unpunished because of some flaw in the investigation and the accused can be held guilty on the basis of the circumstantial evidence and the conduct of the accused before and after committing the crime.
        • Employee cannot denied of his rights to change date of birth in the service records especially when he has adhered to the procedure laid down for changing date of birth and attempted to avoid litigation by resorting to in-house mechanism.
        • Primary duty of constitutional courts remains the control of power, including setting aside of administrative actions that may be illegal or arbitrary
        • In a custody battle if a minor child is old enough to form an intelligent preference or judgment, the Court must consider such preference though the final decision should rest with the court as to what is conducive to the welfare of the minor.
        • While fair and temperate criticism of the Court, even if strong, may not be actionable but attributing improper motives to Judges or Courts or Advocates is contempt of court as it obstructs administration of justice.
        • Unguided and Irresponsible Comments indirectly extending threat to lawyers tarnishes the image of the Courts as it is easy to pass a comment for a mint fresh attention sitting on the fence without realizing the real facts.
        • Co-sharer cannot put vendee in particular part of possession though such co-sharer may have right to transfer his undivided share.
        • Plea of ostensible owner under section 41 of Transfer of Property Act cannot be raised by the purchaser who has not exercised reasonable care and made enquiry about ownership before purchasing property.
        • Reduction in chances of promotion, if any, on account of change or amendment in the rules would not affect his fundamental right, as the Government servant has only a right to be considered for promotion in accordance with the relevant rules.
        • Mines Act, 1952, Ss. 2(a), 40 and 45 Date of birth correctness - legality of- Employment of adolescent - no bar of employment of adolescent.
        • The date of birth of the petitioner cannot be unilaterally changed in his service record against the authentic document of date of birth after about 24 years of service only on the basis of the fact that he has to be superannuated at the age of 60 years and would not have served for more than 42 years particularly in view of employment of adolescent as defined under Section 40 of the Mines Act, 1952.
        • Ordinarily, the State’s policy decision cannot be interfered with unless the same is inconsistent with the Constitution and the laws or arbitrary or irrational or abuse of the power.
        • Hindu Marriage Act, 1955-Section 13(1)(a)-Cruelty-mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day-to-day life would not be adequate for grant of divorce on the ground of cruelty.
        • Civil Procedure Code, 1908-Order 41 Rule 27-taking additional evidence on record- Section 14 of the Family Courts Act, 1984-the court can take evidence in matrimonial proceeding without there being any formal proof of the document-certified copies of the judgments passed by the trial court-not disputed-can be taken on record in view of the provisions of Section 14 of the Family Courts Act, 1984.
        • Criminal Trial-Proof and Suspicion-Suspicion itself cannot take place of proof-Telephonic Calls and mobile tower location only raises suspicion, but not take place of proof in absence of other clinching evidence.
        • The proved circumstances must be consistent only with the hypothesis of the guilt of the accused and totally inconsistent with his innocence.
        • If two views are possible on evidence in the case, one towards guilt and the other to his innocence, the view which is favourable to the accused should be adopted.