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Tag: Chhattisgarh High Court

  • Irregularities in PSC: Chhattisgarh HC asks state executive to probe, answer in two weeks

    By way of Specific Information Carrier

    RAIPUR: The Chhattisgarh prime court docket listening to the petition on an alleged choice of shut family members of senior executive officers and politicians has on Wednesday requested the state executive to inspect the case as introduced by way of the petitioner and report the answer inside two weeks. The court docket has additionally requested the petitioner and impleaders to hold out an inquest into the topic sooner than the following complaints.

    A department bench comprising Leader Justice Ramesh Sinha and Justice Naresh Kumar after listening to the petition filed by way of BJP MLA and previous minister Nankiram Kanwar expressed “wonder” studying the problems and contents as framed by way of the petitioner who cited family members and kids of the senior officers but even so the politicians, have secured prime rank within the just lately declared benefit record of the Fee.

    The petitioner produced sooner than the court docket an inventory of 15 applicants who had been cited because the family members of the PSC chairman, senior executive officers and political leaders.

    Chhattisgarh executive in its submission sooner than the court docket gave an assurance that the topic shall be totally investigated and the reaction shall be produced sooner than the court docket. The federal government has additional said that until the following listening to within the case, the applicants cited as allegedly “favoured”, and no longer joined may not be finalised until the order is given by way of the court docket. The petitioner has additionally been instructed by way of the court docket that if the ideas given by way of him isn’t discovered to be right kind, he’s going to be subjected to acceptable motion.

    The following listening to within the given case shall be on October 5.

    The opposition BJP welcomed the court docket’s statement. “The prime court docket has halted the appointment of accused applicants who figured within the benefit record of the PSC, which used to be too no longer spared by way of the corrupt regime of Congress executive. The court docket has even expressed wonder over the names of the benefit holders within the record. It’s a victory of lakhs of PSC aspirants”, asserted Raman Singh, BJP nationwide vice-president and ex-CM.

    RAIPUR: The Chhattisgarh prime court docket listening to the petition on an alleged choice of shut family members of senior executive officers and politicians has on Wednesday requested the state executive to inspect the case as introduced by way of the petitioner and report the answer inside two weeks. The court docket has additionally requested the petitioner and impleaders to hold out an inquest into the topic sooner than the following complaints.

    A department bench comprising Leader Justice Ramesh Sinha and Justice Naresh Kumar after listening to the petition filed by way of BJP MLA and previous minister Nankiram Kanwar expressed “wonder” studying the problems and contents as framed by way of the petitioner who cited family members and kids of the senior officers but even so the politicians, have secured prime rank within the just lately declared benefit record of the Fee.

    The petitioner produced sooner than the court docket an inventory of 15 applicants who had been cited because the family members of the PSC chairman, senior executive officers and political leaders.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    Chhattisgarh executive in its submission sooner than the court docket gave an assurance that the topic shall be totally investigated and the reaction shall be produced sooner than the court docket. The federal government has additional said that until the following listening to within the case, the applicants cited as allegedly “favoured”, and no longer joined may not be finalised until the order is given by way of the court docket. The petitioner has additionally been instructed by way of the court docket that if the ideas given by way of him isn’t discovered to be right kind, he’s going to be subjected to acceptable motion.

    The following listening to within the given case shall be on October 5.

    The opposition BJP welcomed the court docket’s statement. “The prime court docket has halted the appointment of accused applicants who figured within the benefit record of the PSC, which used to be too no longer spared by way of the corrupt regime of Congress executive. The court docket has even expressed wonder over the names of the benefit holders within the record. It’s a victory of lakhs of PSC aspirants”, asserted Raman Singh, BJP nationwide vice-president and ex-CM.

  • No longer squeezing into mildew as in step with husband’s need no decisive issue for girl to lose kid’s custody: Chhattisgarh HC

    Via PTI

    BILASPUR: Quashing a circle of relatives courtroom’s order that granted custody of a kid to the daddy, the Chhattisgarh Top Court docket has seen that if a girl “does now not squeeze into the mold” as in step with the will of her husband, it does now not change into a decisive issue for her to lose the custody in their kid.

    A department bench of Justices Goutam Bhaduri and Sanjay S Agarwal, whilst turning in the judgement in a case associated with the custody of a 14-year-old boy, additionally mentioned the nature certificates through the society’s few participants with “ostrich mindset” must now not be allowed to make a decision the nature of a girl.

    The judgement, which used to be handed on March 28, used to be uploaded at the prime courtroom’s site on Monday, in line with which the custody of the kid used to be granted to his mom, the lady’s attorney Sunil Sahu mentioned on Wednesday.

    The couple had were given married in 2007 and their son used to be born in December the similar 12 months.

    They were given divorce with mutual consent in 2013, following which the custody of the kid used to be given to his mom, a resident of Mahasamund district, he mentioned.

    “In 2014, the lady’s husband, who hails from Raipur district, filed an utility in Mahasamund district circle of relatives courtroom looking for the custody of the kid at the flooring that the lady is in corporate of various male and used to shuttle together with different male member and her apparel used to be now not befitting to which might mirror that she had misplaced her chastity.

    The person additionally mentioned, if the kid is stored in her custody, there could be an ailing impact on his thoughts,” Sahu mentioned.

    The circle of relatives courtroom in 2016 had passed over the custody of the kid to his father, he mentioned.

    The girl then challenged the circle of relatives courtroom’s order bringing up it used to be handed best at the foundation of presumption, which calls for interference.

    Environment apart the circle of relatives courtroom’s order, the prime courtroom mentioned, “…The proof on behalf of dad, it sounds as if that the witnesses have mentioned in line with their very own opinion and idea. If the girl is needed to do a task that too within the box for her livelihood, naturally she could be required to transport from one position to different and best as a result of the truth that she is needed to rub her shoulder with public at huge or male i.e.to accompany them within the automobile, there can’t be an inference that she has misplaced her chastity.”

    “Simplest bald oral remark is made that she is hooked on devour liquor and smoke, and so on. You will need to set a pink line when the assault is made to assassinate the nature of the girl. The remark of witnesses of plaintiff would display that they’re in large part influenced through apparel of girls as she wears denims and T-shirt together with the truth that she is marching together with male participants of society,” it mentioned.

    We’re afraid that if such ill-conceived workout is given a focus, then to give protection to the proper and freedom of girls could be an extended onerous combat.

    If the spouse does now not squeeze into the mold as in step with need of husband, it might now not be a decisive issue to lose custody of the kid through her, the prime courtroom seen.

    “Via attacking the nature of the spouse to provoke upon that it might have an hostile affect at the thoughts of the kid, the stage of nature of proof must had been a lot more and serious to carry that steady a type of behaviour of spouse could be adverse to the passion of kid.

    The nature certificates through few of the society participants, who may have ostrich way of thinking, must now not be allowed to make a decision the nature of a girl and to attract an inference whilst deciding the custody of the kid that as a result of the behaviour of mom it might have an hostile affect at the thoughts of the kid,” it mentioned.

    The prime courtroom additionally granted visitation and phone rights to the daddy and issued instructions on this regard.

  • Single daughter can declare marriage bills from oldsters: Chhattisgarh HC

    Via PTI

    RAIPUR: The Chhattisgarh Prime Courtroom has dominated that an single daughter can declare the bills of marriage from her oldsters underneath the provisions of the Hindu Adoptions and Repairs Act, 1956.

    A department bench of the top court docket in Bilaspur used to be listening to a petition filed by way of a 35-year-old girl, Rajeshwari, a local of Chhattisgarh’s Durg district.

    The bench of Justices Goutam Bhaduri and Sanjay S Agrawal on March 21 allowed her plea for listening to by way of admitting that an single daughter can declare the volume of her marriage from her oldsters underneath the provisions of the Hindu Adoptions and Repairs Act, 1956, stated the petitioner’s suggest A Okay Tiwari.

    The bench put aside the order dated 22 April 2016 handed by way of the Predominant Pass judgement on of circle of relatives court docket Durg and remanded the subject to the circle of relatives court docket for adjudication of the similar on deserves within the spirit of Segment 3(b) (ii) of the Act of 1956.

    The court docket has directed the events to look earlier than the circle of relatives court docket. The petitioner, daughter of an worker of Bhilai Metal Plant (BSP) Bhunu Ram, filed a petition in Durg circle of relatives court docket underneath Hindu Adoptions and Repairs Act, 1956, and made a declare that repairs to the track of round Rs 20 lakh be given to her within the mode of marriage expense.

    The circle of relatives court docket had on 7 January 2016 brushed aside the applying by way of pointing out that there is not any provision within the Act {that a} daughter can declare the volume of her marriage.

    In her plea, Rajeshwari stated that the respondent, Bhanu Ram, goes to retire and more likely to obtain Rs 55 lakh as retiral dues, due to this fact, suitable writ be issued directing the respondent-employer Bhilai Metal Plant to free up part of his retiral dues to the track of Rs 20 lakh in her favour.

    Difficult the order of the circle of relatives court docket, Rajeshwari had moved the top court docket pointing out that as in step with the legislation, an single daughter can call for the bills of marriage from her father, claiming that the expense comes underneath the purview of repairs, Tiwari stated.

    The bench thought to be the verdict as important and it’s been licensed for reporting (AFR), he stated, explaining that the case would now be given position in all of the legislation books. This the primary of its type order by way of the top court docket of Chhattisgarh, Tiwari added.

  • Chhattisgarh HC orders CBI probe in 2018 homicide of circle of relatives

    Through PTI

    BILASPUR: The Chhattisgarh Prime Court docket has directed the CBI to probe the homicide of a pair and their two minor sons that happened within the state’s Mahasamund district in 2018.

    Justice Goutam Bhaduri on Friday handed the order on a petition filed by means of a circle of relatives member of the deceased individuals, which claimed that the investigation performed by means of the native police was once “shoddy”, and directed handy over the case to the CBI.

    The Prime Court docket held that, “perusal of the fabric seized along side the affidavit of the State (within the case) don’t encourage self belief of truthful investigation.”

    At the intervening evening of Might 30 and 31, 2018, fitness employee Yogmaya Sahu (30), her husband Chaitanya (31) and their sons Kunal (9) and Tanmay (7) have been killed in a central authority quarter in Kishanpur village’s sub-health centre premises.

    The police arrested Dharmendra Bariha of the village in reference to the homicide and later in keeping with his narco research, 4 extra accused – then sarpanch of Kishanpur Suresh Khunte, Phoolsingh Yadav, Gaurishankar Kewat and Akhandal Pradhan – have been arrested in 2019.

    The 5 accused are in prison and the case is underneath trial within the district courtroom. Disappointed with the police investigation, Chaitanya’s father Babulal Sahu had approached the Prime Court docket in quest of to get the subject additional investigated by means of different businesses, claiming that the police had failed to hold out a good probe.

    As in keeping with the order, the petitioner’s recommend Raghvendra Pradhan submitted that “the home the place the 4 murders happened was once underneath the CCTV surveillance.” within the press convention (after the offence), the then Superintendent of Police got here out with a commentary that the virtual video recording (DVR of the CCTV) has been seized, however the case diary or the general document is silent about such seizure”.

    Bariha was once made an accused at the document of Suresh, who was once therefore discovered to be concerned within the crime.

    The police have been serving to the accused, who have been concerned within the industry of alcohol and medication, for which a per 30 days cost was once being made to the police, which was once published within the narco take a look at, the petitioner’s recommend argued.

    After listening to the arguments of each the events, the Prime Court docket had reserved its order on March 14. In its order handed on Friday, the courtroom famous that sure hyperlinks have been lacking within the case they usually have been critical in nature.

    “Prima facie, perusal of the fabric seized along side the affidavit of the state don’t encourage self belief of truthful investigation, as such, I deem it correct to direct additional investigation of the subject by means of the CBI,” Justice Bhaduri seen.

    The CBI will additional examine the case and continue in response to the regulation inside of a duration of 4 months from the date of receipt of a duplicate of the order, the courtroom stated.

  • Chhattisgarh: Girl strikes HC challeging validity of Sharia courtroom, triple talaq order

    Via PTI

    RAIPUR: A girl has filed a petition within the Chhattisgarh Top Courtroom, difficult the validity of a Sharia courtroom working in Raipur and a ‘triple talaq’ order handed by means of it in opposition to her just lately.

    The petitioner had complained at a females’s police station right here in opposition to her husband and in-laws, and the counselling on the ‘One Prevent Sakhi Centre’ (which takes up women-related problems) failed.

    An FIR was once due to this fact registered on the police station in opposition to the lady’s husband and in-laws.

    However, the respondent (girl’s husband) had proceeded for the ‘triple talaq’, her recommend Devershi Thakur mentioned on Thursday.

    The ‘Idara-e-Shariya Islami Courtroom’ right here closing month handed the triple talaq order in opposition to the lady and no alternative was once equipped to her to be heard, which is violation of the suitable to existence equipped below the Charter of India, the lady mentioned in her plea submitted just lately within the HC at Bilaspur.

    The petition will arise for listening to in the end.

    The observe of ‘triple talaq’ were banned by means of the Preferrred Courtroom, which termed it as ‘unconstitutional’.

  • HC quashes Chhattisgarh executive’s choice to abolish pension scheme for MISA detainees

    Categorical Information Provider

    RAIPUR: In a setback to the Congress-ruled Chhattisgarh executive, the Top Court docket on Tuesday declared the state’s choice to scrap the pension scheme for the detainees beneath the Upkeep of Inside Safety Act (MISA) throughout the 1975-77 Emergency length, as in opposition to the principles and nullified it.

    “A department bench headed by means of the Leader Justice Arup Kumar Goswami and Justice Narendra Vyas after listening to the arguments gave the order via video conferencing, mentioning the verdict of the state executive as arbitrary, in opposition to the principles and had annulled it. The courtroom ordered for the continuation of the pension and in addition unlock the arrears of the MISA pensioners,” Upendranath Awasthi, senior recommend for the petitioners, informed The New Indian Categorical.

    Round 70 MISA pensioners had filed a petition within the Top Court docket difficult the verdict of the state executive to scrap the pension laws in 2019.

    “We can now document a Particular Go away Petition (SLP) within the Ultimate Court docket within the given case,” mentioned Satish Chandra Verma, Recommend Basic of the state, after the Top Court docket order.

    After the formation of the Congress executive in Chhattisgarh, Leader Minister Bhupesh Baghel had advised that there be a bodily verification of all beneficiaries of MISA pensions, following which all commissioners and the district creditors had stopped the pensions from February 1, 2019.

    Justifying the federal government’s choice, CM Baghel had then asserted that such other people (pensioners) can’t be referred to as freedom opponents.

    The scheme for MISA detainees used to be introduced by means of the Raman Singh executive in 2008. “The Court docket’s choice on recovery of the MISA pension scheme is a victory of the democracy,” the previous BJP CM mentioned.

    Below the pension scheme, the individuals who remained in prison beneath MISA for 3 months have been entitled to Rs 10000 monthly, the ones imprisoned for 6 months got Rs 15000 a month and the ones jailed for over six months Rs 25000.

  • Chhattisgarh HC quashes FIR in opposition to former bureaucrat Aman Singh, his spouse in DA case

    By way of PTI

    BILASPUR: The Chhattisgarh Prime Courtroom on Monday quashed the FIR registered in opposition to the state’s former fundamental secretary Aman Singh and his spouse for allegedly gathering disproportionate property staring at that the registration of the case used to be the “abuse” of the method of regulation and that the allegations have been prima facie primarily based upon chances.

    A unmarried bench of Justice Narendra Kumar Vyas handed the order after listening to the petitions filed by means of Singh and his spouse, Yasmin Singh, difficult the FIR, their recommend Abhishek Sinha mentioned.

    The case used to be registered in February 2020 in opposition to the Singhs below sections of the Prevention of Corruption Act, 1988 and 120 (B) (felony conspiracy) of the Indian Penal Code in line with a grievance lodged by means of Uchit Sharma.

    Sharma, who claims himself to be an RTI activist, is primarily based in Raipur.

    The petitioners had challenged the FIR claiming that it accommodates baseless and immaterial allegations and merits to be quashed.

    The petitioners had additionally submitted that the FIR is an abuse of police and State energy, Sinha mentioned.

    After listening to the arguments, the HC had reserved its order on October 4 remaining 12 months.

    “The FIR has been registered in line with the grievance made by means of one Uchit Sharma for the alleged disproportionate belongings in opposition to the petitioners and involvement of the petitioner (Aman Singh) within the quite a lot of rip-off and cash laundering, however the FIR does no longer discuss how the petitioner concerned within the alleged rip-off as discussed within the FIR.

    “It has additionally been mentioned within the FIR that the petitioner used to be operating in quite a lot of posts of benefit and dealing as an influential individual and the truth isn’t in dispute that the petitioner used to be on deputation and labored as Joint Secretary with the Govt of Chhattisgarh, certainly he has posted within the place of work of Leader Minister of State, subsequently, simply his operating as Joint Secretary can’t be mentioned to had been the fee of an offence below Segment 13 (1)(b), 13 (2) of the Act, 1988 and Segment 120B of IPC, thus, the registration of FIR is not anything however an abuse of technique of regulation,” the top court docket’s order mentioned.

    It mentioned the FIR nowhere discloses fee of any offence with particular info and figures.

    “It’s not in dispute that truthfulness of allegation needs to be tested on proof, however a minimum of it’s incumbent at the a part of the prosecution that the FIR must prima facie reveal the fee of an offence below Segment 13 (1)(b) learn with Segment 13 (2) of the Prevention of Corruption Act, 1988 and Segment 120B of IPC, however all of the allegations levelled in opposition to the petitioner are prima facie primarily based upon chances and in line with chance anyone can’t be prosecuted,” the bench mentioned.

    Aman Singh, previously an IRS (Indian Income Provider) officer, had joined the Raman Singh govt right through its first tenure in 2004 on deputation.

    He resigned from the IRS in 2010 and endured to paintings with the state BJP govt on a contractual foundation.

    He used to be an influential bureaucrat right through the 15-year Raman Singh rule within the state and served in quite a lot of outstanding capacities.

    His spouse labored with Public Well being Engineering (PHE) and Panchayat and Rural Building Division on a contractual foundation from 2005 to 2018, the EOW had mentioned.

    Aman Singh had resigned from carrier after Congress used to be elected to energy following the 2018 meeting elections.