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

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September 10, 2025 | High Court Of Chhattisgarh

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

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September 10, 2025 | High Court Of Chhattisgarh

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

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September 10, 2025 | High Court Of Chhattisgarh

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

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September 10, 2025 | High Court Of Chhattisgarh

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

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September 10, 2025 | High Court Of Chhattisgarh

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,

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September 10, 2025 | High Court Of Chhattisgarh

Does a Petition Seeking Quashing of Criminal Proceedings Become Defective If the Cognizance Order Is Not Challenged?

The Chhattisgarh High Court reiterated that a petition to quash FIR, chargesheet, and pending criminal proceedings is procedurally defective if

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September 10, 2025 | High Court Of Chhattisgarh

Does Filing False Criminal Cases and Persistent Litigation by a Spouse Amount to “Cruelty” and “Desertion” Sufficient for Divorce under Section 13 of the Hindu Marriage Act? – Binding Clarification by the Chhattisgarh High Court (2025)

The Chhattisgarh High Court holds that repeated false criminal complaints and sustained refusal to resume matrimonial cohabitation, without reasonable cause,

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September 10, 2025 | High Court Of Chhattisgarh

When Can Conviction Under Sections 363, 366 & 376 IPC Be Set Aside on Grounds of Unproved Minority?

Minority of prosecutrix must be proved with cogent and reliable evidence; non-examination of author of birth entry, mismatch of names,

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September 10, 2025 | High Court Of Chhattisgarh

Can a Complainant Under Section 138 NI Act File an Appeal Against Acquittal as a Victim under the Proviso to Section 372 CrPC Without Seeking Special Leave? — Precedent Reaffirmed by High Court

The High Court holds that, in light of recent Supreme Court authority, a complainant under Section 138 of the Negotiable

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September 10, 2025 | High Court Of Chhattisgarh

Can Sentence for Electricity Theft Be Reduced to Period Already Undergone After Prolonged Pendency? Precedent on Application of Section 135, Chhattisgarh State Electricity Act Reaffirmed

The High Court of Chhattisgarh reaffirms the conviction for electricity theft under Section 135 of the Chhattisgarh State Electricity Act

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September 10, 2025 | High Court Of Chhattisgarh

Does an Insurance Company Remain Liable to Pay Compensation When the Driver Lacks a Valid and Effective Licence on the Date of Accident? – Application and Clarification of “Pay and Recover” Principle by High Courts

The Chhattisgarh High Court reaffirms that when a driver does not possess a valid and effective licence on the date

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September 10, 2025 | High Court Of Chhattisgarh