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High Court Of Chhattisgarh

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  • The power of relaxation under Rule 22 of the Chhattisgarh Medical Education (Gazetted) Services and Service Conditions of Directorate Health Services, Health and Family Welfare Department, known as Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 is confined to conditions of service and cannot override or amend a substantive recruitment provision. An executive notification cannot defeat a statutory mandate requiring 100% promotion.
  • Under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, particularly Sections 15 and 18, a child who commits a heinous offence and is found fit for trial can be sentenced to a maximum period of three years in a place of safety.
  • "An educational institution qualifies as an establishment under the Employees’ State Insurance Act, 1948 (ESI Act) because it provides services and activities to the public at large regularly with the help and support of its employees."
  • "An educational institution can also be regarded as an ‘Establishment’ under the Employees’ State Insurance Act, 1948 (ESI Act), as it provides services and activities that are systematically and habitually undertaken to serve the community with the assistance of its employees."
  • For conviction u/S 368 IPC, the prosecution is required to prove that the accused had knowledge that the person concerned had been kidnapped or abducted.
  • In cases involving heinous crimes such as multiple murders, sexual assault, and theft, the testimony of an injured eyewitness is of high evidentiary value, his presence at the scene naturally established by his injuries. Where such testimony is corroborated by postmortem reports, medical evidence, forensic/DNA analysis, and recovery of incriminating property, the prosecution establishes an unbroken chain of circumstances, sufficient to prove guilt beyond reasonable doubt. Recovery pursuant to disclosure under Section 27 of the Evidence Act, when corroborated by independent witnesses and forensic reports, constitutes a strong incriminating circumstance.
  • If the Assessee is not able to provide a satisfactory explanation of the nature and source of the investments made, it is open to the Revenue to hold that it is the income of the Assessee, and there would be no further burden on the Revenue to show that the income is from any particular source.
  • Where the conduct of eye-witnesses are doubtful and they are not trustworthy, they cannot be relied upon for conviction as the Court does not inspires confidence in relying their version.
  • The credibility of an interested witness, such as a family member, cannot be discarded merely on account of their relationship. However, their testimony must be scrutinized with great care and caution. If found to be untrustworthy, it cannot be relied upon.
  • An order of blacklisting should not be issued in ordinary cases of breach of contract because it has severe civil consequences, amounting to “civil death” and "commercial exile" for the affected party which bars a party from future contracts and damages their reputation. Blacklisting must be resorted to for egregious cases and not for minor violations or bona fide disputes, and must always adhere to principles of proportionality and natural justice.
  • Under Section 34 of the Rights of Persons with Disabilities Act, 2016, the State is empowered to interchange vacancies among the five categories of specified disabilities if the nature of vacancies in an establishment does not permit employment of persons from a particular category; therefore, the reservation extended to candidates belonging to the “One Arm (OA)” and “One Leg (OL)” categories cannot be regarded as illegal.
  • Recovery of excess payment from employee — Impermissible where excess payment is not on account of misrepresentation, fraud, or fault of the employee but due to mistake of the employer. Employee cannot be penalised for the fault committed by the employer.
  • Motor Vehicles Act, 1988 — Benevolent legislation — Just compensation — Non-filing of cross-objection or cross-appeal by the claimant will not preclude the Court from awarding just and reasonable compensation. The duty of the Court is to ensure award of just compensation irrespective of procedural technicalities.
  • A teacher holds a position of trust and responsibility. Any sexual, abusive, or exploitative act with a minor student is not just professional misconduct, but a grave criminal offence punishable under the POCSO Act, as it amounts to child exploitation and invites strict punishment.
  • Where the matriculation or equivalent certificate is available and authentic, the same shall be treated as the conclusive evidence for determination of the age of the victim/child. In such cases, no other material whether medical, documentary, or oral shall be considered for the purpose of age determination, and any deviation therefrom would be impermissible in law.
  • “In a Public Interest Litigation, when the petitioner is himself a party to disputes concerning the subject matter, and the same issue is already seized by the Court in another PIL including suo motu cognizance, the subsequent petition cannot be regarded as a bona fide public cause. Such a petition, being tainted with personal motive and vendetta, is liable to be dismissed with exemplary costs.”
  • “The academic distinction between 'murder' and 'culpable homicide not amounting to murder' has always vexed the courts. The confusion is caused if courts losing sight of the true scope and meaning of the terms used by the legislature in these sections, allow themselves to be drawn into minute abstractions.”
  • When an accused faces charges under special statutes for offences against the State, the grant of bail is ordinarily discouraged. Courts are obliged to exercise exceptional caution and a rigorous approach, weighing the seriousness of the allegations, the protection of State interests, and the statutory limitations on bail prescribed by the relevant special laws.

High Court of Chhattisgarh

National Highway -130, Bodri
Bilaspur, Chhattisgarh 495220

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: highcourt[dot]cg[at]gov[dot]in

Last Updated

: September 09, 2025.

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