A recent judgment by the High Court of Chhattisgarh holds that where both parties have executed a mutual separation deed and the husband has been acquitted of charges under Section 498-A IPC, the wife is not entitled to claim maintenance under Section 125 CrPC. This ruling upholds the decision of the Family Court and affirms […]
Claimants are entitled to compensation based on the statutory minimum wage rate prevailing at the time of the accident, even if the Tribunal assessed a lower figure; the Chhattisgarh High Court aligns its determination with Supreme Court precedents (Pranay Sethi, Sarla Verma, Magma General Insurance) and affirms calculation methodology for future claims. This judgment sets […]
The Gauhati High Court reiterated that mere production of old voter lists, land records, and certificates—without linking documentary and oral evidence—fails to establish Indian citizenship in Foreigners Tribunal cases. Upheld the requirement for strict proof of linkage and identity, confirming existing Supreme Court precedent; remains binding on Foreigners Tribunals and the Gauhati High Court’s supervisory […]
The High Court affirms that, following the Supreme Court’s clarification in M/s Celestium Financial v. A. Gnanasekaran (2025), the complainant’s right to appeal an acquittal under the proviso to Section 372 CrPC lies before the Sessions Judge, not the High Court—including cheque bounce cases under Section 138 of the Negotiable Instruments Act. This judgment upholds […]
The High Court of Chhattisgarh reaffirmed that an insurance company, to escape liability for compensation under the Motor Vehicles Act, must adduce concrete evidence and cannot rely solely on allegations of false implication. This judgment upholds settled precedent, reinforcing that insurers bear the burden of proof if disputing liability, and serves as binding authority for […]
The Chhattisgarh High Court has reaffirmed that the pendency of a civil suit does not preclude criminal prosecution where allegations of fraud, misrepresentation, or criminal intent arise from the same transaction, particularly in the absence of credible evidence of consideration paid. This judgment upholds established precedent and serves as binding authority for subordinate courts. […]
The High Court of Chhattisgarh reaffirms that only parties directly connected to the original proceedings (or their legal representatives) can seek writ relief for enforcement of revenue orders; residents with grievances have alternative statutory remedies under the Chhattisgarh Land Revenue Code. This judgment upholds established procedural precedent and guides future revenue litigation. Summary Category […]
The court reaffirmed that writ jurisdiction under Article 226 should not ordinarily be exercised when an adequate and efficacious alternative statutory remedy exists, in line with binding Supreme Court precedents. This judgment upholds existing law and serves as binding authority for similar writ petitions, particularly regarding service and employment issues in cooperative societies under statutory […]
The High Court of Chhattisgarh holds that, following Supreme Court precedent, the “pay and recover” principle applies even in motor accident claims involving gratuitous passengers in goods vehicles; the insurer must first pay compensation and can then recover the amount from the owner and driver. This clarifies and affirms existing law, providing binding guidance for […]
The High Court confirmed that when a petition is withdrawn after the impugned administrative order has already been passed and communicated, the writ petition is not adjudicated on merits; the petitioner is granted liberty to challenge the administrative order afresh. This judgment did not create new law or overrule existing precedents, and is not a […]
The Andhra Pradesh High Court unequivocally holds that no departmental proceedings can be instituted in respect of events which occurred more than four years before such institution against a retired government servant, as per Rule 9(2)(b)(ii) of the AP Revised Pension Rules, 1980. The Court affirms the abatement of proceedings upon the employee’s death and […]
Recovery of excess payments, when not caused by an employee’s misrepresentation or fault and made long ago or at the verge of retirement, remains impermissible; the High Court of Chhattisgarh reaffirms Supreme Court precedent, ensuring robust protection for government employees against retrospective salary recoveries. This case upholds established law and serves as binding authority for […]