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The High Court unfortunately reversed the acquittal without anything other than a finding on alibi having not been proved and the accused not having offered any explanation regarding the death of the deceased, which occurred while they were living together.
On 23-03-2025, the Chhattisgarh State Legal Services Authority organized a one-day Refresher Training Programme for Legal Aid Defense Counsels of the State at the Chhattisgarh State Judicial Academy, Bilaspur. Previously, on 21-03-2025, the Surajpur District Court inaugurated eight new record rooms and a rest room for victims of sexual harassment in the Court premises.
“If the age of wife is not below the age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance, therefore, the offence under Section 376 and 377 of the IPC against the accused was not made out.”
“A person who is single marrying another whose marriage is subsisting is not liable under Section 494 IPC, but the person whose marriage is subsisting would be liable.”
“Despite repeated warnings people were indulging in such allurements and becoming easy targets for touts.”
“In a selection process, the scope of the candidates for participation should not be narrowed down by imposing unwarranted conditions rather more candidates should be allowed to participate so that better qualified candidates may be selected.”
The Court noted that admittedly, before the respondent’s retirement, neither any departmental inquiry was initiated against him nor was any show cause notice issued to him.
The Court reiterated that before passing any stigmatic order for removal of any employee from service, a departmental enquiry was required to be conducted.
“There can be no disagreement on the issue that dignity and fair treatment is not only available to a living man but also to his dead body and every dead body is entitled to a respectful treatment.”
It cannot be denied that continuation of pregnancy can lead to complication at a later stage on both, the victim’s physical, psychological and mental condition. Although, the victim is suffering from severe anaemia, but team of doctors opined that she may be physically fit after correction of anaemia.
As per Annual Confidential Reports, the petitioner’s overall grade was average or below average. Since, the petitioner completed 50 years of age, this decision of compulsory retirement could have been taken by the State authorities. The un-communicated adverse remarks cannot be made a basis to disturb the finding recorded by the competent authority.
“Considering the nature of job of the deceased, her age, the number of dependents and the various decisions of the Supreme Court, the amount awarded by the Trial Court cannot be termed as excessive or exorbitant, rather it appears to be a just and proper compensation.”
The allegation against the petitioner is that being an Advocate, he has given the search report based on which loan was disbursed and later it was found that the loan was disbursed to a person who did not even have property which was mortgaged in his name.
In Hinduism, the wife is regarded as the “Sahadharmini”, meaning she shares in the spiritual duties and righteousness alongside her husband. This concept underscores the wife’s essential role in fulfilling religious obligations, particularly in the performance of rituals, where her presence is indispensable.
Petitioner has taken a specific defence that his wife was seriously ill and was under medical treatment for a long time and ultimately, she passed away. The records of the departmental enquiry also suggested that the medical papers of the wife of the petitioner were duly placed on record. The enquiry officer failed to take this account to its proper perspective.
In the present case, the woman has clearly stated that she was not aware about her partner’s marriage and his children. Further, the Trial Court as well as the Appellate Court has also stated that the relationship between them, fell under the category of domestic relationship.
Considering the Rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 is ultra vires, the Court directed the State Government to issue necessary instructions with respect to admission in Bachelor of Ayurvedic Medicine and Surgery course in unaided minority institution.
Section 482 of Nagarik Suraksha Sanhita, 2023 (‘BNSS’) deleted the guiding factors which the Courts hearing anticipatory bail applications might have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to flee from justice.
The news report alleged that at present, oxygen supply is being made from the oxygen cylinders which are brought from outside. Despite various authorities inspecting the Hospital, no heed is being paid for restarting the closed Oxygen plants.