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High Court of Chhattisgarh Updates
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When Statute provide harsh mejeure which if implemented may result into financial death of employee then word ‘may’ used in statute should be read as ‘shall’ as invocation of such power may have devastating effect on service career of employee.
In absence of order of joint enquiry passed under Rule 18 of Chhattisgarh Civil Services (Classification, Control and Appeal) Rules 1996 by competent authority the Joint Enquiry against the delinquent employee will get vitiated.
There is a presumption in favour of constitutionality or validity of a subordinate legislation and the burden is upon him who attacks it to show that it is invalid.
The rate of putrefaction of the body in water is more reliable than that of a body exposed in the air for the reason that temperature of water is more uniform and body is protected from air as long as it is submerged in the water.
The custody under Section 27 of the Evidence Act is not only restricted to formal custody and it includes any kind of restriction restrain and even surveillance by the police.
In cases of the circumstantial evidence the Courts are called upon to make inferences from the available evidence, which may lead to guilt of accused.
A writ of habeas corpus is not to be issued as a matter of course and clear grounds must be made out for issuance of a writ of habeas corpus.
The service of notice is not mere formality and it should be real and meaningful so that the other party may be represented appropriately before the Court.
Live in relationship which is followed in certain sect of the society still continues as a stigma in the Indian culture as live in relationship is an imported philosophy contrary to the general expectations of Indian Tenets.