Chhattisgarh High Court judgments

Chhattisgarh High Court ruled that the statutory presumption under Section 138 of the Negotiable Instruments Act is invalidated when cheques are self-filled by the complainant and testimony lacks documentary corroboration. The judgment underscores that conviction requires credible evidence of a legally enforceable debt, not mere allegations.

Chhattisgarh High Court rules that imposing excise licensing on molasses used for cattle feed, industrial purposes, or gudakhu exceeds state legislative competence under Entry 8 and 51 of the State List. The judgment reinforces that regulatory powers must align with constitutional boundaries, protecting traders from arbitrary restrictions on non-intoxicant commodities.

Chhattisgarh High Court ruled that eight years of HRA deductions from a government employee’s salary constituted implicit permission to retain official quarters, rendering penal rent recovery of ₹4.97 lakh unlawful. The judgment reinforces that administrative actions must align with natural justice principles, protecting employees from retrospective financial penalties.

Chhattisgarh High Court reinforces that at the charge-framing stage under BNSS, the court cannot evaluate defence arguments or lack of eyewitnesses to override a prima facie case. The ruling underscores that discharge is unwarranted unless the prosecution's evidence is inherently improbable, setting a strict threshold for accused seeking early relief.

Chhattisgarh High Court ruled that a rape conviction under Section 376 IPC cannot rest solely on the victim's testimony unless it meets the 'sterling witness' standard-unblemished credibility and corroboration. The court acquitted the accused, emphasizing material contradictions and lack of supporting evidence, reinforcing the need for strict scrutiny in sexual offence cases.

Chhattisgarh High Court rules that successive dismissals by the Supreme Court-including a curative petition-render a tribunal order final, precluding any fresh challenge. The court imposed exemplary costs on the petitioner for abusing the legal process, reinforcing the binding nature of apex court dismissals in service law disputes.

Chhattisgarh High Court rules that mere allegation of involvement in a drug offence under Section 29 NDPS Act, without recovery of contraband from the accused or adherence to Section 42 procedures, is insufficient to deny bail. The ruling underscores that liberty cannot be curtailed on uncorroborated statements alone, even for commercial quantities.

Chhattisgarh High Court reaffirms that a rape conviction under Section 376 IPC can rest solely on the victim's testimony if it inspires confidence, even without DNA evidence. The ruling underscores the primacy of witness credibility in sexual offence cases while setting aside convictions under the SC/ST Act due to unproven caste certificates.

Chhattisgarh High Court grants bail to accused in a religious conversion case, ruling that a consensual love relationship between the accused and the complainant’s sister negates the prosecution’s allegations of coercion and abduction. The court held that no prima facie case exists under BNSS despite serious charges, emphasizing the complainant’s credibility gap.

Chhattisgarh High Court rules that retiral dues like leave encashment, gratuity, and provident fund are statutory entitlements under service law, and financial constraints cannot justify their withholding. The court directed payment of ₹14,10,544 and ₹48,540 within two months, with 6% interest, reinforcing public employers' obligation to prioritize statutory dues over administrative excuses.

The Chhattisgarh High Court quashed a no-confidence motion against a Sarpanch for failing to provide seven clear days' notice between dispatch and meeting dates, as required under Rule 3(3). This reinforces that procedural compliance in local governance is not discretionary - even minor timing lapses invalidate removal proceedings, protecting elected representatives from arbitrary ouster.

The Chhattisgarh High Court has ruled that when a state entity admits a contractual payment obligation, withholding it entitles the claimant to statutory interest at 6% from the date of contract completion, even without an explicit claim for interest. This reinforces that delayed payment in public contracts is not a discretionary matter but a legal wrong triggering automatic interest, strengthening claimants' position in arbitration enforcement.

The Chhattisgarh High Court denied specific performance of an oral land sale agreement, ruling that vague testimony, uncorroborated payment claims, and absence of written terms fatally undermine the certainty required under Section 10 of the Indian Contract Act. This reinforces that oral contracts in high-value property transactions demand concrete, contemporaneous evidence - not just witness accounts - to be enforceable, impacting buyers, developers, and litigants relying on informal deals.

Chhattisgarh High Court reduces sentence from 6 to 3 months for a first-time offender under Section 452 IPC, prioritizing rehabilitation over punitive measures. The ruling underscores that absence of criminal antecedents and potential for reform justify leniency in sentencing, aligning with the Supreme Court's precedent in Mohammad Giasuddin.

Chhattisgarh High Court dismisses a criminal revision under Section 401 CrPC after parties settle a Section 498A IPC dispute, holding that a judicially verified compromise renders further proceedings futile. The ruling reinforces that criminal revisions in matrimonial disputes can be terminated upon amicable settlement, even post-acquittal.

Chhattisgarh High Court rules that while procedural non-compliance under Sections 42 and 50 of the NDPS Act does not invalidate a conviction if evidence is reliable, it may warrant sentence reduction. The court reduced the sentence to time already served for possession of 18 kg ganja, emphasizing that prejudice must be demonstrated for procedural lapses to affect conviction.

Chhattisgarh High Court rules that mere financial defaults or vague threats, absent direct instigation or proximate conduct, fail to establish prima facie abetment of suicide under BNS Section 111. The court directs trial to proceed, emphasizing the need for evidence of intentional abetment beyond civil disputes.

Chhattisgarh High Court acquitted an accused under Section 376 IPC, holding that a prior consensual relationship, unexplained delay in filing the FIR, and absence of medical evidence critically undermined the prosecution's case. The ruling underscores the necessity of corroborative evidence and timely reporting in rape trials.

The Chhattisgarh High Court affirmed that in NDPS cases, the uncorroborated testimony of the investigating officer can establish conscious possession of contraband, reinforcing prosecutorial credibility in absence of eyewitnesses. This ruling strengthens the evidentiary standard for drug possession convictions while the sentence reduction to time served underscores judicial recognition of mitigating personal circumstances.

Chhattisgarh HC rules that a sale deed executed without co-sharers' consent in ancestral property is void ab initio. Subsequent purchasers, even if transactions are registered, cannot claim independent title if litigation was pending at the time of purchase, reinforcing the doctrine of constructive notice under Section 41 of the Transfer of Property Act.

Chhattisgarh High Court holds that non-compliance with a Tahsildar’s land demarcation order constitutes a violation of statutory duty, warranting a writ of mandamus. The ruling underscores that revenue authorities must act within 30 days to avoid judicial intervention, reinforcing accountability in land revenue proceedings.

Chhattisgarh High Court rules that mere assault and a suicide note blaming the accused are insufficient to establish abetment of suicide under Section 306 IPC. The court emphasizes the need for direct proof of instigation or intentional aid, setting a higher threshold for conviction in such cases. Convictions for lesser offenses under Sections 147/149, 323/149, and 341 IPC were upheld.

Chhattisgarh High Court rules that a liquidator lacks authority to unilaterally cancel a registered sale deed, even under cooperative society by-laws. Such acts are void ab initio and cannot be rescued by the de facto doctrine, reinforcing the sanctity of registered property transfers.

The Chhattisgarh High Court reiterated that a review petition under Order 47 Rule 1 CPC is not a platform to reargue factual disputes or challenge evidentiary appreciation already settled in a final judgment. The ruling underscores that review jurisdiction is limited to correcting errors apparent on the face of the record, not rehearing merits.