High Court: Bail & Police Misconduct (2001) The Chhattisgarh High Court granted bail to Kamla Bai Shriwas and two co-accused while issuing strong remarks against the investigating officer for concealing crucial evidence in a dowry death case. The order, passed on 24 February 2001 by Justice R. S. Garg in M. Cr. C. Nos. 331…
Reasoned judgment under Section 354 CrPC The Chhattisgarh High Court has ruled that a judgment that lacks reasoning and discussion on evidence cannot be considered a valid judgment in the eyes of law. In Manoj Kumar v. State of Chhattisgarh (Criminal Revision No. 70 of 2001), decided on 23 February 2001, Justice R. S. Garg…
Citation : 2001 Local Law (CG) 31 In a detailed ruling, the Chhattisgarh High Court dismissed a public interest litigation (PIL) that sought to declare an MLA’s resignation unconstitutional. The petition, filed by a practising advocate, argued that an elected representative has no unilateral right to resign and that such an act violates the spirit…
The Chhattisgarh High Court has dismissed a public interest petition that questioned the constitutional validity of an MLA’s resignation and its acceptance by the Speaker. The Division Bench of Justice W.A. Shishak and Justice R.S. Garg held that a member of the Legislative Assembly has an absolute right to resign voluntarily, and such a right…
NDPS Act prevails over M.P. Excise Act in ganja cases The Chhattisgarh High Court has clarified that offences related to ganja possession fall squarely under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and not under the Madhya Pradesh Excise Act, 1915, even though the latter has not been explicitly repealed. In its…
Independent written statement under Order 1 Rule 10 The Chhattisgarh High Court has ruled that a person added to a civil suit under Order 1 Rule 10(2) of the Code of Civil Procedure (CPC) can file an independent written statement, even if that person also happens to be a legal representative of a deceased party….
High Court: NDPS and Ganja (2001) The Chhattisgarh High Court has held that the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) applies to cases of ganja possession, rejecting an argument that an older state excise law should govern such offences. In a decision delivered on 3 February 2001 in Miscellaneous Criminal Case No….