A Division Bench led by Justices W.A. Shishak and R.S. Garg upheld the conviction of three men for murder under Section 302 IPC, ruling that discovery of bloodstained articles and the murder weapon was sufficient to sustain guilt despite failure to prove “last seen” evidence. The Chhattisgarh High Court has affirmed the conviction of three…
Citation : 2001 Local Law (CG) 52 The Chhattisgarh High Court has overturned an eviction decree against a tenant, holding that a landlord cannot seek eviction of a non-residential tenant on the ground that the premises are required for the business of her grandsons. Justice R.S. Garg delivered the judgment while allowing a second appeal…
Justice R.S. Garg holds that buyers who purchased property before a civil suit cannot be dispossessed without proper inquiry, emphasizing due process in execution proceedings. In a significant ruling on property execution rights, the Chhattisgarh High Court has clarified that third-party purchasers who acquired property before the filing of a civil suit cannot be evicted…
Citation : 2001 Local Law (CG) 56 In a significant ruling, the Chhattisgarh High Court set aside an Executing Court’s decision that dismissed property objections without conducting an inquiry. Justice R.S. Garg held that when objections to execution are rejected without adjudicating the rights of the parties involved, such an order is revisable under Section…
Citation : 2001 Local Law (CG) 56 The Chhattisgarh High Court has set aside an executing court’s dismissal of objections by third parties who claimed ownership of land that a decree-holder sought to recover. In clear, measured reasoning, Justice R.S. Garg found that the execution court wrongly treated the objectors as transferees pendente lite and…
Justice R.S. Garg allows the release of over 150 cattle seized from villagers accused of animal cruelty, ruling that mere suspicion of illegal transport cannot justify continued seizure before conviction. The Chhattisgarh High Court has set aside lower court orders that denied the release of 151 seized cattle to their owners, holding that the applicants…
The Court held that the Excise Collector’s order to close liquor shops during political agitations and elections in neighboring districts was unjustified, granting the petitioner exemption from 11 days of licence fees. The Chhattisgarh High Court has partly allowed a writ petition filed by Sun Bright Marketing Pvt. Ltd., a Raipur-based liquor contractor, challenging the…
Citation : 2001 Local Law (CG) 29 The Chhattisgarh High Court rebuked a lower court for arbitrarily denying bail to an accused who was not named in either the First Information Report (FIR) or the dying declaration of the victim. Justice R.S. Garg described the lower court’s decision as “whimsical” and “capricious,” emphasizing that judicial…
Citation : 2001 Local Law (CG) 26 The Chhattisgarh High Court has partly allowed a writ petition filed by a liquor contractor from Raipur, granting him exemption from paying the licence fee for 11 days after finding that the government’s closure orders were either delayed or not legally justified. Justice R.S. Garg delivered the order…
The Chhattisgarh High Court has granted partial relief to a liquor contractor who challenged the state’s demand for full licence fees despite several days of forced shop closures due to political agitations and elections. Justice R.S. Garg delivered the judgment on a writ petition filed under Articles 226 and 227 of the Constitution of India….