Letter No. 16272 Bilaspur, dated 13th August 2025.(Regarding allotment of I-type government residential house of Vikas Nagar, 27 Kholi, Bilaspur)
Application are invited from panel lawyers of High Court Legal Services Committee, Bilaspur for Retainer Lawyers.
Order No. 1035/Confdl./2025 Bilaspur, dated 12th August 2025.
Tender Notice No.16141/CPC/2025 Bilaspur, dated 12th August 2025.(08 nos. of LIU 12-
Port Loaded, 12 nos. of OFC Module and 12 nos. of OFC Patch
Cord 3 mtr SC-LC Dlink )
Notification No.1032/Confdl./2025 Bilaspur, Dated 11th August 2025.
Notice regarding Swearing-in ceremony of Hon'ble Mr. Justice Ravindra Kumar
Agrawal, as Judge of the Chhattisgarh High Court on 11.08.2025 at 10:30 a.m. in the Chief
Justice’s Court.
Tabulation Sheet of the Written Test Held on 03/08/2025 for Recruitment to the Post of Staff Car Driver.
List of Candidates Qualified for Skill Test for Recruitment to the Post of Staff Car Driver.
Notification No.15708/SCDSA/2025 Bilaspur, Dated 07th August 2025.
Notification No.15687/checker Bilaspur, Dated 07th August 2025.
Notification No.1024/Confdl./2025 Bilaspur, Dated 06th August 2025.
Tender No.15404/CPC/2025 Bilaspur, Dated 06th August 2025.(Purchasing/Supply/Testing and Installation of Transmitter and
Receiver (HDMI-Ethernet) to display running case status)
Notification Regarding Empanelment of Legal Services Advocates.
Endt. No. 15390/Checker Bilaspur, Dated 05th August 2025.
Circular No. 276(Mis.) Bilaspur, Dated 05th August 2025.
Tender No.15228/CPC/2025 Bilaspur, Dated 04th August 2025.(Annual
Maintenance Contract of Professional Monitors (LFD) with its accessories (Display System))
Tender No.15227/CPC/2025 Bilaspur, Dated 04th August 2025. (Annual
Maintenance Contract of UTM and Wireless Product
with its accessories)
Order No. 15229/CPC/2025 Bilaspur, Dated 04th August 2025.
Notice regarding Tender No. 14443/CPC/2025, 14444/CPC/2025, and 14461/CPC/2025.
Select List of District Judge (Entry Level) - 2025 by promotion U/R 5(1)(a).
Advertisement No. 3/2025 Bilaspur, Dated 01st August 2025
Endt. No. 14921/Checker Bilaspur, Dated 01st August 2025
Regarding Pre-sitting meeting of upcoming National Lok Adalat on 13th September
2025.
Various tenders are invited for the High Court and the District Judiciary.
Order No. 58 (App.) Bilaspur, Dated 24th July 2025
Order No. 59 (App.) Bilaspur, Dated 24th July 2025
Order No. 60 (App.) Bilaspur, Dated 24th July 2025
Order No. 61 (App.) Bilaspur, Dated 24th July 2025
Supplementary Constitution of Benches at High Court of Chhattisgarh, Bilaspur
W.E.F. 28.07.2025.
Endt. No. 13869/Checker Bilaspur, dated 23rd July 2025.
Circular No. 13862/Vigilance/2025 Bilaspur, Dated 23rd July 2025
Order No. 13812 Bilaspur, Dated 22nd July 2025
Notification No. 896/Confdl Bilaspur, dated 22nd July 2025.
Endt. No. 898/Confdl. Bilaspur, dated 22nd July 2025.
Notification No. 13749/Checker Bilaspur, dated 22nd July 2025.
Endt. No. 13654/Checker Bilaspur, dated 21th July 2025.
Notice No. 13645 Bilaspur, dated 21th July 2025.(for the Post of
Staff Car Driver)
Admit Card for the Written Examination for the Post of Staff Car Driver.
Letter No. 13317 Bilaspur, dated 17th July 2025.(Regarding allotment
of H-type government residential house of High Court Colony, Rahangi)
IMPORTANT NOTICE
Circular No. 17327 Bilaspur, dated 23rd October 2024.
Circular No. 181 Bilaspur, dated 17th October 2024.
Circular No. 123/D.E. Bilaspur, dated 17th October 2024.
Order No 135 Bilaspur, dated 21th August 2024.
Circular No. 609/confdl./2024 Bilaspur,dated 24rd June 2024.
Non-disclosure of reliance on past records in the second
show-cause notice violates Article 311(2) of the
Constitution of India, where past records are foundation of
penalty.
Gross discrepancies and lapses by prosecuting agency deemed
wholly unacceptable; Trial Courts mandated to exercise vigilant oversight
over actions of prosecution and Investigating Agencies to prevent
accused from deriving undue benefit from prosecutorial derelictions,
ensuring a fair and impartial trial, and upholding the sanctity of Rule of
Law and due process.
The provisions of 22 of the BNS (Section 84 IPC) will come to rescue of
an accused, when he/she was not knowing that what he/she was doing, is
wrong or the same is contrary to law. In order to ascertain the same, the
imperative circumstances and the behavior preceding, attending and following
the crime are the main consideration.
In evaluating the testimony of a victim of a sexual offense, the
Court's approach is nuanced, recognizing the inherent trauma and
potential inconsistencies in the victim's account. The Court does
not require an exacting or flawless recounting of the incident.
Rather, it focuses on permitting the victim to share her narrative to
the best of her ability, based on her recollection of events, within
the bounds of reasonable possibility.
As long as the registration under Section 12AA of the
Income Tax Act, 1961 is in existence, further enquiry about the
genuineness of the activities and the purpose being charitable
cannot be gone into by the Income Tax Department.
Only the authority expressly empowered under the statute is
competent to exercise disciplinary powers. Any order passed by an
unauthorized authority is without jurisdiction and liable to be set aside.
Further, where there is a violation of the principles of natural justice or the
impugned action is without jurisdiction, the existence of an alternative
remedy does not bar the exercise of writ jurisdiction under Article 226 of
the Constitution.
The fact that a witness is deemed “hostile” does not automatically
mean their entire testimony must be disregarded. While the Court will
scrutinize the evidence of a hostile witness with caution, it can still be
relied upon in part if it is corroborated by medical evidence or if it is
corroborated by medical evidence or if certain parts of the testimony
inspire confidence.
In a money laundering case, as the modus operandi often involves
circuitous and opaque financial transactions which makes direct
evidence inherently difficult to obtain, the absence of verifiable legitimate
income can lead the Court to hold that there exists a nexus between the
property sought to be attached and the proceeds of crime.
“To succeed in an application under Order 9 Rule 13 of CPC the
defendant must satisfy the Court that his absence was due to a
justifiable reason & unavoidable circumstances preventing his
appearance”
In cases involving offences against the State and where an accused
is charged under Special Enactments, bail cannot ordinarily be
granted. The Courts are required to exercise greater caution and
adopt a stricter approach while considering bail in such cases,
keeping in view the seriousness of the allegations, the security of the
State, and the statutory restrictions imposed on the grant of bail under
such special laws.
In absence of any evidence suggesting that the person kidnapped
was taken or detained for the purpose of making a ransom demand
or for coercing any person to act in a particular manner, the
essential ingredients of Section 364A IPC are not satisfied. Mere
kidnapping and concealment without a ransom demand do not
attract Section 364A IPC.
Irrespective of any failure to follow the procedure laid u/S 52-A NDPS Act,
if
evidence inspires confidence & satisfies the Court regarding recovery &
possession of contraband then the Court can proceed for conviction of accused.
Mere presumption of possible apprehension should not and
ought not be the basis of transfer of any case from one Court to
another. It is only in very special circumstances, when such
grounds are taken, the Court must find reasons exist to transfer a
case, not otherwise.
It is the statutory obligation to not interfere at the initial stage of
framing the charges merely on hypothesis, imagination and far
fetched reasons which in law amount to interdicting the trial
against the accused persons.
“Privacy is a constitutionally protected right that primarily
arises from the guarantee of life and personal liberty under
Article 21 of the Constitution of India. It encompasses the
preservation of personal intimacies, the sanctity of family life,
marriage, procreation, the home, and sexual orientation. Any
intrusion into this right would amount to a violation of the
fundamental rights of the individual.”
Where a victim is raped by one or more persons forming a group
or acting in furtherance of a common intention, each member of
such group shall be deemed to have committed the offence of
rape, in accordance with the principles of joint liability and
common intention as defined under the applicable laws.
Public Interest Litigations (PILs) are meant to address issues of
public concern and promote justice, but Courts typically refrain from
interfering with matters that fall within the exclusive domain of legislative
and executive policy, as these are considered to be the prerogative of the
elected branches of government.
Demand of illegal gratification is
sine qua non to constitute
the offence under the Prevention of Corruption Act, 1988. Mere
recovery of currency notes itself does not constitute the offence
under the Act, unless it is proved beyond all reasonable doubt
that the accused voluntarily accepted the money knowing it to
be bribe.
An objection to the jurisdiction in view of the applicability
of the Chhattisgarh Madhyastham Adhikaran Adhiniyam,
1983 cannot be taken where arbitration proceedings
have already concluded and the award has been
passed.
Any eligibility criteria must bear a reasonable corelation with the
functional recruitment of the posts, the nature of the duties to be performed
and the aptitudes necessary to fulfill those duties effectively.
The Pujari is only a grantee to manage the property of the deity
and such grant can be reassumed if the Pujari fails to do the task
assigned to him i.e. to offer prayers. He cannot be thus treated as a
Bhumiswami.
Section 307 of the Code of Criminal Procedure (now Section 344 of the
Bharatiya Nagarik Suraksha Sanhita BNSS, 2023) empowers the Court
to direct tender of a pardon to an accomplice in a case. This means that
if a person is believed to have been involved in a crime, the Court can
offer them a pardon (immunity from prosecution), if they agree to testify
truthfully against other accused individuals in the case.
If the chain of circumstances is complete and the recoveries
made from the accused are duly proved, and if the accused was last
seen together with the deceased shortly before the death, then the
failure of the accused to offer a plausible explanation would be fatal
to his defence.
The entire statement of a hostile witness is not to be discarded
and such part which is consistent with the prosecution case is
admissible in evidence.
A truthful extra judicial confession made voluntarily and without
any inducement can be made a basis for recording a conviction
against person making confession.
Derogatory remark or quarrel by husband/in-laws in matrimonial life
alone cannot be considered sufficient to the extent to constitute abetment unless
something extra-ordinary, more than normal wear and tear of married life, is
shown on or just before the date of incident.
Section 73 of the Cr.P.C. (now Section 75 B.N.S.S) empowers a Magistrate to
issue a warrant of arrest against an accused who is alleged to have committed
an offence that is non-bailable and is evading his arrest, even during the course
of investigation.
The ‘sterling witness’ should be of a very high quality and caliber
whose
version
should,
therefore,
be
unassailable.
The
Court
considering the version of such witness should be in a position to
accept it for its face value without any hesitation or doubt as has been
dealt with in the present case.
Once a dying declaration is found to be authentic inspiring
confidence of the Court, then the same can be relied upon and can be
the sole basis for conviction without any corroboration.
Testimony of an injured eye witnesses carries significant evidentiary
value. Such testimony cannot be dismissed as unreliable unless there
are substantial discrepancies or contradictions that undermine their
credibility.
In cases of organized crime, where a criminal conspiracy is
hatched for the transportation of substantial quantity of contraband,
and the same is established through clinching evidence, failure on
the part of the accused to provide explanation would prove fatal to
their defence.
A consensual relationship turning sour or partners becoming
distant cannot be a ground for invoking criminal machinery of the State.
Such conduct not only burdens the Courts, but blots the identity of an
individual of such a heinous offence.
Unless, it is established that the original document is lost or
destroyed or is being deliberately withheld by the party, secondary
evidence in respect of that document cannot accepted
Rather than applying strict classification of the type of offence that
warrant death
sentence, the Court must focus on considering the aggravating and mitigating
circumstances and arrive at individualised sentencing outcome on case to case
basis.
Mere suspicion is not enough to prosecute the accused for offence
punishable under Section 370 of the IPC for human trafficking in absence of cogent evidence in relation of
exploitation.
Monetary compensation should be awarded for established
infringement of fundamental rights under Article 21 of the
Constitution of India i.e. right to life.
“The ‘sterling witness’ should be of a very high quality and caliber
whose
version
should,
therefore,
be
unassailable.
The
Court
considering the version of such witness should be in a position to
accept it for its face value without any hesitation.”
“Testimony of 'sterling witness', which is of high quality on caliber can
be accepted without requiring additional
corroboration.”
“When there is a comprehensive remedy of arbitration clause under
the Regulations, a case which is of civil dispute cannot be converted into
a criminal dispute, it would be an abuse of the process of law.”
It is the prerogative of the authority issuing the tender to lay down the
conditions as per its requirement, but the conditions should not be arbitrary or
impracticable so as to restrict participation of intending bidders.
The participation of women in the work force is
not a matter of privilege, but a constitutional
entitlement protected by Articles 14, 15 and 21 of
the Constitution; besides Article 19(1) (g).
Child adoption/child care leave is not just a benefit
but a right that supports the fundamental need of a
woman to take care of her family.
Female Officers/employees of the Indian Institute
of Management are entitled for Child Adoption
Leave as per Rule 43-B of the Central Civil
Services (Leave) Rules 1972, as the HR Policy of
IIM, Raipur, is silent on this aspect.
A fundamental right under Articles 19/21 can be
enforced even against persons other than the State
or its instrumentalities.
Conviction can very well be based on the unrebutted and consistent
evidence of prosecutrix corroborated by other evidence.
Testimony of the victim is vital and unless there are compelling reasons
which necessitate looking for corroboration of
her statement, the Court should find no difficulty to act on the
testimony of the victim of sexual assault alone to convict an
accused where her testimony inspires confidence and is found to
be reliable.
Testimony of a child witness has to be carefully scrutinised before
the same is believed by the Court and if the Court finds it to be reliable,
trustworthy and truthful, then the same would not be discarded on the
mere premise that the witness happens to be a child witness and once
the testimony of the child witness is corroborated by other evidences on
record, then the same would be admissible.
Order 17 Rule 1 CPC - Speedy justice, timely justice and
timely delivery of justice are legal rights of a litigant. Courts
can grant time and adjourn the hearing of a case if sufficient
cause is shown but it is limited to a maximum of three times.
Order 16 Rule 2 CPC – It is open to the parties to summon the
witness or without applying the summons, bring the witness to
lead evidence or to produce documents subject to relevancy.
Compassionate appointment is a concession, not a right. Once accepted, no
claim for change or upgradation of post is permissible. Judicial review in such
matters is limited.
In a case of murder, conviction should be based on such
evidence which is admissible in the Court and this should be
done on the basis of direct and circumstantial evidence even in
the event of non-recovery of the dead body.
“ Employee involved himself in a crime but acquitted later is not
entitled to back-wages, as he had disabled himself for rendering
the service on account of conviction or incarceration in jail.”
Recovery from pension cannot be made on the basis of show cause notice
however, it can be ordered if, in any departmental or judicial proceedings the employee concerned found
guilty.
The Court while exercising power under Section 33 of the Indian Stamp
Act, 1899 may refer the document to decide the issue as to whether the
document is duly stamped or not. The legislature has conferred the
power to the Court to adjudicate proper stamp duty and penalty while
impounding the document & bar of Limitation contemplated in Section
48 B of the Act, 1899 would not attract.
Common object of the unlawful assembly can be gathered from
the nature of the assembly, arms used by them and the behaviour of
the assembly at or before the scene of occurrence. It is an inference to
be deduced from the facts and circumstances of each case.
If an appointment has been made initially by nomination,
there can be no violation of any provision of the Constitution in
case the legislature authorised the State Government to terminate
such appointment at its pleasure and to nominate new members in
their place.
The evidence of injured witness cannot ordinarily be
doubted on account of minor contradictions and conviction can
be based upon such evidence subject to corroboration with other
incriminating factors.
Even if there is any sort of procedural irregularity with respect to
non-compliance of
Standing Order No.1/89 issued by the Central Government and delay or deviation
from Section 52A of the NDPS Act, the same will not by itself fatal to the case of
prosecution if recovery and seizure of contraband from the possession of the
appellant is established from other evidence.
When a child in conflict with law is tried as an adult for any serious
offence
for which the sentence prescribed is life sentence, the same can very well
be awarded subject to the restraint that it may be awarded with possibility
of release, and not otherwise.
The offences under the Atrocities Act can only be attracted if it is
proved beyond reasonable doubt that the offence has been
committed on a member of Scheduled Caste or Scheduled Tribe
community knowing that such person belongs to the said community.
The auction sale can be quashed if the auction proceeding smells the fraud
and collusion.
A "related" witness, who may be naturally present at the
scene of the crime, his testimony should not be dismissed simply
because of his relationship to the victim and the Court must assess
the reliability, consistency, and coherence of his statement rather
than labelling him as untrustworthy.
Before awarding capital punishment, the Court has to strike
a balance between the aggravating and mitigating circumstances
viz. mental and emotional condition, age, possibility of
reformation and rehabilitation of the accused, brutality and the
manner in which the offence is committed, which makes the case
fall under the category of rarest of rare case and death penalty
would be the only appropriate and meaningful sentence.
In absence of any definitive evidence of ‘last seen’ and also the proximity
of time
gap between last seen and recovery of dead body, the ‘last seen’ theory cannot be
invoked when there is no other corroborative evidence to shift the onus of the
accused under Section 106 of the Indian Evidence Act, 1872.
Where there is two view possible, the view which is in favour of the
accused,
should be taken into consideration.
According to the provisions of Section 7A of the Employees’ Provident Funds
and Miscellaneous Provisions Act, 1952, employees engaged by contractors for
loading/unloading, cannot be treated employees of the establishment, in the
absence of cogent evidence and an enquiry under Section 7A of the Act, 1952.
The Courts should be reluctant in interfering with contracts involving
technical issues as the Courts lack the necessary expertise to adjudicate
upon such issues. The approach of the Court is not to find fault with the
decision of the authority issuing tender, instead the Court should examine
as to whether the decision-making process was after complying with the
procedure contemplated under the tender conditions.
The inference of common object has to be drawn from various factors such as
weapon used, their movement, the act of violence and the result, and the person who were the members of
such unlawful assembly, all of them are vicariously liable for the act of such unlawful assembly
irrespective of their individual act.
Trivial discrepancies would not made the evidence of eye witness unbelievable as mathematical niceties
cannot be expected from a witness after
lapse of some time of the incident
Where there is plurality of Dying Declaration, each of them has to be
separately assessed, and evaluated, and the one which is found to be voluntary, reliable, and made in fit
mental condition under the surrounding facts and circumstances of the case, it can be relied upon without
any corroboration.
The report of the occurrence was dictated by the deceased
herself with respect to the transaction which resulted in her
death is admissible under Section 32 of the Indian Evidence
Act, 1972 as a Dying Declaration.
The Court can rely upon the testimony of a minor witness and
it can form the basis of conviction if the same is credible, truthful and
is corroborated by other evidence brought on record.
When considering the evidence of a victim subjected to a sexual
offence, the Court does not necessarily demand an almost
accurate account of the incident. Instead, the emphasis is on
allowing the victim to provide her version based on her
recollection of events, to the extent reasonably possible for her to
recollect.
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.
A conspiracy is always hatched in secrecy and it may be difficult to
adduce direct evidence of the same and the prosecution will often rely
on evidence of acts of various parties to infer that they were done in
reference to their common intention. The conspiracy can be
undoubtedly proved by such evidence direct or circumstantial.
The minimum qualification of B.Ed fixed by the NCTE under the National
Council for Teacher Education (Determination of Minimum Qualification for Persons to be recruited as an
Education Teacher and Physical Education Teacher in Pre-primary, Primary, Upper primary, Secondary, Senior
secondary or Intermediate schools or Colleges) Regulations, 2014 for recruitment of Teacher (Agriculture)
in Higher Secondary Schools, is prevailing over the Chhattisgarh School Education Service (Educational and
Administrative Cadre) Rules, 2019 and the State Government cannot dilute the said requisite qualification
of B.Ed for recruitment on the said post.
The non-compliance of Rule 10 and 11 of the NDPS Rules/Standing Order No.
1/89 issued by the Central Government and delay or deviation from Section 52-A of the NDPS Act, will not
by itself fatal to the case of prosecution if recovery and seizure of the contraband from the possession
of the accused is clearly established from other evidence in its cumulative effect.
If the Rules made for general good, causes hardship to an individual, the
same could not be a ground for striking down the said Rules.
The statutory authority is entitled to frame the statutory rules laying
down the terms and conditions of service as also the qualifications
essential for holding a particular post.
The confession given by one accused is not substantial
evidence against the other accused and can be used against the other
accused only when other evidence is available against the other
accused and the Court feels that the confession of crime should be
used to support the other evidence, only then the confession of crime
can be used against the other accused.
Once a dying declaration is found to be authentic inspiring
confidence of the Court, then the same can be relied upon and can be
the sole basis for conviction without any corroboration.
In case of serious doubt as to whether victim / deceased was in
fit state of mind to make dying declaration and in absence of certificate
of doctor, it would be unsafe to convict an accused on the basis of
dying declaration for offence under Section 302 of the IPC.
Application filed under Order 7 Rule 14 CPC should be
allowed if application indicates exceptional circumstances as
it is not a hollow formality.
Three ingredients are requires for the offence of Section 364-A I.P.C., one
is
kidnapping or abduction, second is threat of death coupled with the demand of
money and thirdly when the demand is not made, then causing death or hurt and if
all these three ingredients are available that will constitute the offence under Section
364-A of I.P.C. and in absence of any one of the mandatory conditions the accused
cannot be convicted.
Holder of an office ‘under pleasure of the Government’
could be removed at any time without notice, without
assigning cause and without there being a need for any
cause.
In cases of homicidal death, if both intent and knowledge
are present, the offence would fall under Section 304 Part-I of
the IPC, however, if the act is committed with knowledge but
without the intent to cause death or bodily injury likely to result
in death, it would be classified under Section 304 Part-II of IPC.
Retrospective seniority cannot be given to an employee from a date when he
was not even borne in the
cadre, nor can seniority be given with retrospective effect as that might adversely affect others.
While considering the mixture of narcotic drugs or psychotropic
substance for the purpose of determining whether it would constitute
“small quantity or commercial quantity”, not only the quantity of ‘offending
drug’ but the quantity of ‘neutral substance’ mixed should also be taken
into consideration.
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.
The conviction can be based on testimony of the victim, who is a
minor, supported by other corroborative piece of evidence led by the
prosecution.
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