When Can an Appellate Court Grant Specific Performance with Additional Compensation in Light of Increased Property Value?

The court held that where the plaintiff proves readiness and willingness for specific performance and the defendant unjustifiably refuses, specific performance may be decreed along with an additional payment accounting for increased property value during prolonged litigation. Upholds and applies settled Supreme Court precedent; binding on lower courts in civil matters involving specific performance disputes. […]

Does an Intra-Court Appeal Lie Where a Writ Petition Alleging Encroachment is Dismissed for Failure to Show Ownership? Clarification on Scope of Appellate Interference by Division Benches

The Chhattisgarh High Court Division Bench clarifies that, when a writ petition is dismissed due to the petitioner’s admitted encroachment on government land and lack of ownership documents, the scope for interference in appeal is extremely limited. The ruling upholds existing precedent on restraining appellate courts from interfering unless the single judge’s decision reveals patent […]

When Must 1/3rd, and Not 1/2, Deduction Be Made for Personal Expenses in Unmarried Fatal Accident Victim Cases? Reaffirming ‘Large Dependent Family’ Exception from Sarla Verma as Binding Authority

The Chhattisgarh High Court confirms that, where the deceased bachelor leaves behind parents and an unmarried sibling dependent on his income, only 1/3rd of income should be deducted as personal expenses per Sarla Verma, thus upholding the existing Supreme Court precedent as binding authority for Motor Accident Claims Tribunals (MACTs).   Summary Category Data Case […]

Can an Insurance Company Avoid Liability on Grounds of Breach of Policy When Evidence Fails to Prove Policy Violation or Lack of Valid Licence? – Precedent Affirmed by Chhattisgarh High Court

The Chhattisgarh High Court reaffirmed that unless the insurer conclusively proves breach of policy conditions—such as commercial use of vehicle insured as private, or absence of valid driving licence—liability cannot be avoided. The judgment upholds existing precedent and serves as binding authority for claims arising under the Motor Vehicles Act.   Summary Category Data Case […]

Can a Magistrate Dismiss a Complaint Under Section 156(3) CrPC Without Recording Pre-Summoning Evidence?

The Chhattisgarh High Court rules that Magistrates must conduct an inquiry by recording the complainant’s preliminary evidence before dismissing a complaint under Section 156(3) CrPC; simply considering the pleadings and documents is insufficient. The judgment affirms existing precedent and is binding on subordinate courts in Chhattisgarh for complaints seeking registration of FIRs, especially in cheating […]

When Is Conviction Under Section 304 Part II IPC Unsustainable and Properly Altered to Section 325 IPC?

The Chhattisgarh High Court held that in the absence of clear proof of intention or knowledge requisite for culpable homicide not amounting to murder, conviction under Section 304 Part II IPC cannot be sustained and must be altered to Section 325 IPC for voluntarily causing grievous hurt. This decision upholds and applies existing Supreme Court […]

When Can Recovery of Excess Payment from Class-III Government Employees Be Barred? Clarifying the Law Post-Rafiq Masih

The Chhattisgarh High Court reaffirms the bar on monetary recovery from Class-III employees where no fraud or misrepresentation is alleged, following the Supreme Court’s established precedent in Rafiq Masih and its further clarifications. This decision cements the principle as binding authority for all subordinate courts and public sector employment disputes.   Summary Category Data Case […]