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Chhattisgarh High Court | Petition to Quash FIR Against Logistics Employees Dismissed | Safe-Harbour Under IT Act No Shield at Threshold for Delivery of Prohibited Knives

Chhattisgarh High Court | Petition to Quash FIR Against Logistics Employees Dismissed | Safe-Harbour Under IT Act No Shield at Threshold for Delivery of Prohibited Knives

Sanchayita Lahkar   The High Court of Chhattisgarh Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru dismissed a petition seeking quashing of a First Information Report registered against two logistics employees in connection with the delivery of prohibited knives later used in a murder and robbery. The Court held that allegations disclosed cognizable offences warranting investigation and declined to exercis...

Chhattisgarh High Court Sets Aside ITAT Order on Demonetisation Cash Deposit | Closing Balance of Previous Year Cannot Be Taxed as Unexplained Money Under S.69A IT Act

Chhattisgarh High Court Sets Aside ITAT Order on Demonetisation Cash Deposit | Closing Balance of Previous Year Cannot Be Taxed as Unexplained Money Under S.69A IT Act

Isabella Mariam   The High Court of Chhattisgarh Division Bench of Justice Sanjay K. Agrawal and Justice Deepak Kumar Tiwari held that the amount of ₹20,50,000 cannot be treated as unexplained money under Section 69A of the Income Tax Act, 1961. The court set aside the orders passed by the Assessing Officer, the Commissioner of Income Tax (Appeals), and partly by the Income Tax Appellate Tribunal, which had treated the amount as un...

Chhattisgarh High Court Alters Conviction from POCSO Sec. 6 to IPC Sec. 376(2)(f) | Age of Prosecutrix Not Legally Proved, 10-Year Rigorous Imprisonment Imposed

Chhattisgarh High Court Alters Conviction from POCSO Sec. 6 to IPC Sec. 376(2)(f) | Age of Prosecutrix Not Legally Proved, 10-Year Rigorous Imprisonment Imposed

Safiya Malik   The High Court of Chhattisgarh Division Bench of Justice Rajani Dubey and Justice Amitendra Kishore Prasad have altered the conviction and sentence imposed on the appellant. The court held that the conviction under Section 376(3) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act was not legally sustainable, and instead convicted the appellant under Section 376(2)(f) of the...

Chhattisgarh High Court | Failure to Prove Schizophrenia With Expert Evidence Bars Annulment | Burden of Proof Under Section 12 Hindu Marriage Act Reaffirmed

Chhattisgarh High Court | Failure to Prove Schizophrenia With Expert Evidence Bars Annulment | Burden of Proof Under Section 12 Hindu Marriage Act Reaffirmed

Sanchayita Lahkar   The High Court of Chhattisgarh Division Bench of Justice Rajani Dubey and Justice Amitendra Kishore Prasad has dismissed an appeal filed against an order of the Family Court, Durg. The Division Bench upheld the Family Court’s dismissal of an application seeking annulment of marriage or in the alternative divorce on grounds of fraud, cruelty, and desertion. The Court held that the appellant-husband did not...

Chhattisgarh HC Upholds State Law On Private School Fee Regulation | Individual Hardship No Ground To Challenge Vires As Court Backs State’s Power To Prevent Profiteering

Chhattisgarh HC Upholds State Law On Private School Fee Regulation | Individual Hardship No Ground To Challenge Vires As Court Backs State’s Power To Prevent Profiteering

Safiya Malik   The High Court of Chhattisgarh Division Bench of Justice Sanjay K. Agrawal and Justice Sachin Singh Rajput held that the Chhattisgarh Non-Government Schools Fees Regulation Act, 2020 and the Rules framed thereunder are constitutionally valid. The court concluded that the legislation is within the State’s legislative competence and does not violate Articles 14 or 19(1)(g) of the Constitution of India. The Bench...

S.22 BNS | “Erratic Behaviour, Classic Signs Of Psychotic Disorder”: Chhattisgarh HC Overturns Murder Conviction Due To Accused’s Unsound Mind

S.22 BNS | “Erratic Behaviour, Classic Signs Of Psychotic Disorder”: Chhattisgarh HC Overturns Murder Conviction Due To Accused’s Unsound Mind

Sanchayita Lahkar   The High Court of Chhattisgarh Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru has set aside the conviction and life sentence of a man found guilty of murdering his father and grandmother, holding that the accused was legally insane at the time of the incident. Citing the statutory protection under Section 22 of the Bharatiya Nyaya Sanhita (BNS), 2023 (equivalent to Section 84 IPC), the...

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