10 Latest Chhattisgarh High Court Judgments July 2018

1. Ramaswamy v. Union of India, 09-07-2018

Promotion - Departmental Promotion Committee (DPC) - If this Court is concerned about the right of the Petitioner to hold on to the promoted post, we are also concerned about the right of the senior who came to be denied promotion by non-consideration or non-grant in the earlier round of DPC which was held and which was not based on the correct seniority position of all the employees in question.

2. Lalit Kumar Tandon v. State of Chhattisgarh, 09-07-2018 

Penal Code, 1860Ss. 420,406, 467, 468 & 120B - defalcation by manipulation in the Paddy Procurement Centre, which is a public welfare scheme - issued fake token receipts - Anticipatory Bail Allowed.

3. R.N. Choubey v. State of Chhattisgarh, 09-07-2018

Promotion - Departmental Promotion Committee (DPC) - finding of the Review DPC dated 6.5.2006 as also the impugned order dated 2.2.2010 whereby the promotion of the Petitioners to post of Executive Engineer was cancelled is bad in law deserve to be and are accordingly set aside/quashed entailing the Petitioners for all consequential benefits.

4. Ganesh Prasad Shukla v. Guru Ghasidas Central University Bilaspur, 06-07-2018

Education - All India Council for Technical Education (AICTE) - Quality Improvement Programme (QIP) for Teachers of Engineering Institution - Application seeking study leave for prosecuting Ph.D. degree programme under QIP in the Indian Institute of Technology, Bombay was disallowed by the University - Writ petition seeking quashment of the order passed by the Registrar has been dismissed by the learned Single Judge - Hence this Writ Appeal - Held, if the appellant is refused study leave he will be deprived to pursue his Ph.D. course for which at all material time the University had agreed while issuing NOC and sponsorship - Rejection of his application at a later stage appears to be an afterthought despite the fact that under the norms allowed by the University the appellant is entitled for study leave - Writ appeal is allowed and the impugned order passed in the writ petition and the order of the University refusing study leave to the appellant is quashed.

5. Shailendra Kumar Shrivastava v. Renuka Shrivastava, 05-07-2018

Hindu Marriage Act, 1955Ss. 9, 13 & 28 - Appeal - Restitution of Conjugal Rights - Divorce - Husband has filed application for restitution of conjugal rights and wife is willing to live with him - Husband after withdrawing from the society of the wife simply denying the averments made in the application filed by her - It shows that the husband has not substantially established any lawful reason for withdrawing from the society of the wife - the trial Court is right in awarding the decree in favour of the wife and the same is not liable to be interfered with invoking jurisdiction of the appeal -Appeal is dismissed with cost.

6. Divya Sahu v. State of Chhattisgarh, 05-07-2018 

Employment - Petitioner has taken two stands, the first being of not being intimated for appearing in the document verification program and hence not being aware of the date - Secondly takes a stand that she was not well and was suffering from Diarrhea/Ab Pain/Pyrexia - Thus, it appears that the Petitioner has taken two stands, of firstly she was not well during the said period and secondly, she was not aware of the date of document verification - Said two grounds raised by the Petitioner are in itself self- contradictory - It could be a case of either the Petitioner because of her illness could not participate in the document verification program or that she was not aware of the date provided for the document verification.

7. Dr. Ramvijay Sharma v. State of Chhattisgarh, 05-07-2018 

Prevention of Corruption Act, 1988 - Whether the test of phenolphthalein powder and Sodium Carbonate solution is sufficient to establish the acceptance of currency notes as illegal gratification.

8. Arun Kumar Sinha v. Coal India, 04-07-2018

Delay and Laches - entertainment of petition filed with inordinate delay and laches - the petitioner has filed this petition in the month of June, 2018 whereas, cause of action arose in the year, 2007, and as such there is delay of about eleven years in filing the petition and the petitioner has neither explained such delay nor has filed any document to substantiate the same - Accordingly, the petition deserves to be and is hereby dismissed on the ground of delay and laches only.

9. Raju Dhruv v. Pradeep Kumar Patel. 04-07-2018

Motor Vehicles Act, 1988 Issue with regard to the assessment of the income of the house wives - On the date of incident, the deceased is a lady, aged about 55 years and mother of the claimants. In the natural course of her life, the women and mother in the family have to work in the house like cooking foods, cleaning, dusting, washing utensils and clothes and also taking care of all the family members in all respects apart from the work, which she do for earning livelihood. Looking to the aforementioned aspect and life of a women discharging her duties as the mother, in addition to the earning of wages for livelihood, the income pleaded by the claimants cannot be said to be on higher side. The women played a dual role, one as home maker and other also as one of the earing member of the family. Even on considering that the deceased was a non working women, it cannot lost site of the fact women and in this case, mother being a home maker works from early morning till late night, her working hours are more than any workmen. For assessment of compensation payable on account of her sad demise, no gender bias can be made in the capacity of their earning and helping the family as a home maker or helping family by adopting the means of earning by doing labour work and others.

10. Khemraj Agrawal v. State of Chhattisgarh, 04-07-2018

Criminal P.C. 1973 - Ss. 372 & 397 - Appeal & Revision - Revision invoking Section 397 CrPC cannot be converted to an appeal under the proviso to Section 372 CrPC at the instance of the victim as against an order of acquittal or an order of conviction for a lesser offence.
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