What Is the Scope of Interference by an Appellate Court in Appeals Against Acquittal Under Section 378 CrPC? — Precedent Reaffirmed

The Chhattisgarh High Court has reiterated that an appellate court may interfere with an acquittal only when the view taken by the trial court is either “impossible” or “perverse”, following binding Supreme Court authority. If two plausible views are possible, the acquittal must be upheld. This serves as binding precedent on all subordinate courts within […]

Can the Assessment of Notional Income by a Claims Tribunal, Arrived at in the Absence of Contradictory Evidence, Be Interfered with on Appeal? — Reaffirmation of Binding Principles by Chhattisgarh High Court

The High Court of Chhattisgarh has reaffirmed that findings of fact regarding the notional monthly income of a deceased, when based on uncontroverted pleadings and absent contrary documentary evidence, are not susceptible to interference in appeal. The judgment upholds established precedent regarding assessment of compensation in motor accident claims and remains binding on subordinate courts […]

Is a Motor Accident Claim under Section 163(A) Maintainable When the Deceased’s Income Exceeds Statutory Limits? High Court of Chhattisgarh Reaffirms Precedent on Proof and Assessment of Compensation

The Chhattisgarh High Court confirms that claims under Section 163(A) MV Act require strict substantiation of income and maintainability is subject to statutory conditions. The judgment upholds prior precedent and clarifies evidentiary burdens for claimants, serving as binding authority for tribunals and subordinate courts in motor accident compensation cases.   Summary Category Data Case Name […]

Reaffirmation of Court’s Discretion to Dismiss Appeals Where Appellant Fails to Appear or Instruct Counsel; Precedential Value for Advocates Handling Appellate Matters

The Chhattisgarh High Court reiterated that when an appellant does not appear or provide instructions to counsel even after service of notice and special personal call, the court is justified in dismissing the appeal for non-prosecution. This order upholds existing procedural law and serves as binding authority for future cases involving dismissal for non-prosecution in […]

Does Failure to Secure Presence of Accused at Remand Extension Render the Order Illegal? — Andhra Pradesh High Court Applies Supreme Court Precedent, Affirms Article 21 Safeguards

The Andhra Pradesh High Court, relying on the Supreme Court ruling in *Jigar @ Jimmy Pravinchandra Adatiya v. State of Gujarat*, held that remand extension without physical or virtual production of accused and without informing them of the application is not a violation of Article 21. The precedent mandates strict procedural compliance in remand extensions […]

Does Failure to Produce the Accused at Remand Extension Render the Order Void under Article 21? Andhra Pradesh High Court Confirms Indispensable Procedural Safeguards in Bail/Remand Proceedings

Physical or virtual production and information to the accused at every remand extension—including under the NDPS Act—are essential: any violation is not a mere procedural irregularity but a gross illegality under Article 21. Andhra Pradesh High Court applies and reaffirms the Supreme Court precedent (Jigar @ Jimmy Pravinchandra Adatiya) as binding law for all subordinate […]

Is Prior Notice to the Beneficiary Mandatory Before Reviewing Administrative Orders Under Section 51, Chhattisgarh Land Revenue Code? — High Court of Chhattisgarh Reaffirms Precedent on Principles of Natural Justice

High Court of Chhattisgarh holds that review of an order under Section 51, Chhattisgarh Land Revenue Code, which affects a beneficiary, mandates prior notice and opportunity of hearing to that person. This judgment upholds established Division Bench precedents from Madhya Pradesh and provides binding clarity for all subordinate authorities and future proceedings in the revenue […]

Can the High Court Interfere with the Tribunal’s Determination of Notional Income and Quantum of Compensation in Fatal Motor Accident Claims in the Absence of Documentary Evidence? – Precedent Reaffirmed

High Court upholds the Motor Accident Claims Tribunal’s (MACT) factual findings on notional income and compensation quantum where no documentary evidence is led to the contrary, reaffirming limited appellate interference; binding on subordinate courts adjudicating similar compensation claims.   Summary Category Data Case Name MAC/279/2021 of DIVISIONAL MANAGER Vs LAZRUS CNR CGHC010105902021 Date of Registration […]

Can Construction of Cell Towers Be Obstructed by Private Individuals After Statutory Permission Is Granted? – Reaffirmation of Legal Position by the Andhra Pradesh High Court

Permission granted by the statutory authority for the erection of a cell tower is conclusive; private objections cannot override such permission. The High Court upholds settled precedent, confirming binding authority for similar disputes relating to infrastructure projects, particularly in telecommunications.   Summary Category Data Case Name WP/2202/2024 of SUNKALA RAMATHULASI Vs. State of Andhra Pradesh, […]

Does an Administrative Reallocation of Patwari Halka Within a District Constitute a Transfer Warranting Judicial Interference? — High Court Reaffirms Limited Grounds for Challenging Routine Deployments

The Chhattisgarh High Court holds that a change in Patwari Halka number and minor headquarter reallocation within a district, made for administrative exigency, does not amount to a “frequent transfer” attracting judicial review in the absence of illegality, favouritism, or nepotism. The judgment upholds earlier precedents and clarifies that such administrative adjustments enjoy strong presumptive […]

Can a ‘Rowdy Sheet’ Be Maintained Against An Individual With No Pending Criminal Cases? — Andhra Pradesh High Court Reaffirms Procedural Principle

The Andhra Pradesh High Court holds that, in the absence of any pending criminal cases, maintaining a Rowdy Sheet is unwarranted and such sheets must be set aside. The judgment upholds extant procedural safeguards, providing binding authority for individuals similarly placed and clarifying police powers in law and order contexts.   Summary Category Data Case […]

Can Sentences be Reduced to Period Already Undergone in Old IPC Cases Where No Minimum Sentence Is Prescribed?

The High Court of Chhattisgarh reaffirms that, in cases under Sections 354 and 456 of the IPC (pre-amendment), the sentence may be reduced to the period already undergone due to lapse of time and absence of a mandatory minimum, provided justice so demands. The judgment upholds existing precedent and solidifies discretionary sentencing guidelines for subordinate […]