The Chhattisgarh High Court reiterated that a petition to quash FIR, chargesheet, and pending criminal proceedings is procedurally defective if it fails to challenge the order by which cognizance has been taken by the trial court. The judgment upholds existing procedural law and clarifies drafting requirements; no substantive legal question was decided as the petition […]
The Court held that when a statutory alternative remedy under Section 34 of the Arbitration and Conciliation Act, 1996, is available for challenging an arbitral award (including compensation calculation for acquired land and trees), writ jurisdiction should not be invoked; the writ petition was disposed of, permitting the petitioner to approach the appropriate forum. This […]
The Chhattisgarh High Court holds that repeated false criminal complaints and sustained refusal to resume matrimonial cohabitation, without reasonable cause, constitute “cruelty” and “desertion” under Section 13(1)(i-a) of the Hindu Marriage Act, warranting divorce. This judgment follows and applies Supreme Court precedents, and serves as binding authority for subordinate courts on similar facts. Summary […]
The Gauhati High Court affirms that unless specifically permitted by the applicable recruitment rules or government instructions, candidates cannot claim cumulative age relaxation benefits for both reserved category (such as Scheduled Tribe) and departmental status for unreserved posts; the benefit must be availed on a non-cumulative basis. This position upholds the existing precedent that, in […]
The High Court clarified that once a charge-sheet is filed and cognizance taken by the trial court, requests for transfer of investigation do not survive and parties must pursue remedies before the appropriate court. The decision upholds existing precedents, providing binding authority for trial-stage intervention requests in Andhra Pradesh. Summary Category Data Case Name […]
The Court held that if, during the pendency of a writ petition seeking mandamus to ensure police investigation, the matter becomes infructuous, the petition can be dismissed as such. This order upholds established legal practice and affirms the precedent regarding the disposal of infructuous writs in criminal investigation matters under Article 226. It acts as […]
The Andhra Pradesh High Court has reaffirmed that GST assessment and appellate orders lacking a Document Identification Number (DIN) are invalid and non est, as per Supreme Court directions and CBIC circulars. The judgment applies binding Supreme Court precedent, extends to orders beyond limitation rejections, and ensures mandatory compliance for tax authorities. Summary Category […]
Minority of prosecutrix must be proved with cogent and reliable evidence; non-examination of author of birth entry, mismatch of names, and absence of ossification test vitiate conviction. Judgment affirms binding Supreme Court and High Court precedents on the evidentiary threshold for age determination, and clarifies procedure in sexual offence trials in the context of the […]
The High Court holds that, in light of recent Supreme Court authority, a complainant under Section 138 of the Negotiable Instruments Act qualifies as a Victim under Section 2(wa) CrPC and may appeal acquittals as a matter of right under the proviso to Section 372 CrPC, bypassing the special leave requirement of Section 378(4) CrPC; […]
The High Court of Chhattisgarh reaffirms the conviction for electricity theft under Section 135 of the Chhattisgarh State Electricity Act but clarifies that, considering the elapsed time, age of the accused, and circumstances, the sentence may be reduced to the period already undergone. Judgment follows existing precedent and may be cited as binding authority for […]
The Chhattisgarh High Court reaffirms that when a driver does not possess a valid and effective licence on the date of a motor accident, the insurer is not liable to compensate claimants; however, following the Supreme Court’s precedent in Swaran Singh, the Court must direct the insurer to pay first and recover the amount from […]
The High Court of Chhattisgarh clarified that, when assessing compensation for deceased claimants, minimum wages as notified by the Labour Commissioner can be considered, particularly in the absence of documentary evidence of actual income, especially where the deceased had promising academic prospects. The court followed and applied Supreme Court precedents, enhancing compensation for estate, funeral […]