"5-Acre Rule" Applies Only To Coercive Attachment, Not Voluntary Sale Of Tribal Land U/S 165(6) Land Revenue Code: Chhattisgarh High Court

The Chhattisgarh High Court has held that the requirement of retaining five acres of irrigated land or ten acres of unirrigated land is applicable only to attachment or sale of land in execution of a decree or order under Section 165(7) of the Chhattisgarh Land Revenue Code, 1959, and cannot be imported into proceedings for grant of permission to voluntarily transfer tribal land under...

Chhattisgarh High Court Rejects Plea Against Recital Of Saraswati Vandana, Gayatri Mantra In Schools; Says They're 'Moral Instruction'

The Chhattisgarh High Court has upheld State's order on recital of the National Anthem, National Song, Deep Mantra, Saraswati Vandana, Guru Mantra, Shanti Mantra and accounts of the lives of Great Personalities (Mahapurushas) in schools at the beginning day along with Rajya Geet (State Song), Gayatri Mantra and Shanti (Peace) Mantra at the end. [2026 LiveLaw (Chh) 57]The court dismissed...

Cannot Ignore Steps By Accused To Save Himself From False Allegations Before Lodging Of FIR: Chhattisgarh High Court Quashes Rape Conviction

The Chhattisgarh High Court has set aside the conviction of a man for offences under Sections 376(1) and 506 Part II IPC, holding that the trial court failed to appreciate material evidence produced by the defence, including a complaint and legal notice issued by the accused prior to the lodging of the rape FIR. The Court observed that such legal steps taken by the accused to protect himself...

Electricity Theft | Inspection Report Prepared By Officials Carries Presumption Of Correctness Unless Rebutted: Chhattisgarh High Court

The Chhattisgarh High Court has held that a panchnama and inspection report prepared by officials of the Electricity Distribution Company in discharge of their official duties cannot be discarded merely because no independent witness was examined. The Court further held that proceedings for assessment under Section 126 of the Electricity Act, 2003 and prosecution for theft of electricity...

Subsequent Omission Of "Two-Child" Eligibility Rule Does Not Invalidate Terminations Made While Rule Was In Force: Chhattisgarh High Court

The Chhattisgarh High Court has held that the subsequent omission of Rule 6(6) of the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961, which disqualified a person having more than two living children from appointment, does not invalidate termination orders validly passed while the rule was in force. The Court observed that unless an amendment or omission is expressly or...

LiveLaw Chhattisgarh High Court Half Yearly Digest: January - June, 2026

Citations: 2026 LiveLaw (Chh) 1 - 2026 LiveLaw (Chh) 50Nominal IndexChaitanya Baghel vs Directorate Of Enforcement (MCRC 8716/2025) & Chaitanya Baghel vs State of Chhattisgarh: 2026 LiveLaw (Chh) 1M/s Eastman International v. Union of India & Ors: 2026 LiveLaw (Chh) 2Union of India & Ors. vs. Rakesh Kumar Rathore & Ors.: 2026 LiveLaw (Chh) 3Rajendra Kumar Vaid vs. State...

Judicial Officer Can't Be Denied Promotion Based On Complaint Which Did Not Lead To Any Disciplinary Action: Chhattisgarh High Court

The Chhattisgarh High Court has held that mere deferment of an employee's promotion on the basis of a complaint, which did not culminate in any departmental enquiry, disciplinary proceedings or adverse finding, cannot permanently operate to the employee's detriment by denying consequential seniority and promotional benefits. The Court observed that once the employee was subsequently found fit...

Employee Who Repeatedly Declines Promotion Not Entitled To ACP/Time-Bound Financial Upgradation: Chhattisgarh High Court

A Division Bench of the Chhattisgarh High Court comprising Justice Parth Prateem Sahu and Justice Sachin Singh Rajput held that an employee who voluntarily refuses a regular promotion is not entitled to financial upgradation under the Assured Career Progression (ACP) Scheme, as the scheme is meant to alleviate stagnation caused by lack of promotional opportunities. [2026 LiveLaw...

Delay In Acquiring TET Qualification Due To COVID-19 Cannot Be Grounds To Deny Compassionate Appointment: Chhattisgarh High Court

The Chhattisgarh High Court has held that a candidate cannot be denied compassionate appointment merely because he could not acquire the Teacher Eligibility Test (TET) qualification within the prescribed period when the examination itself was cancelled due to the COVID-19 pandemic. The Court observed that where the delay was attributable to the authorities and not to the candidate, such...

Vehicle Cannot Be Confiscated Under Excise Act Before Authority Verifies Excess Quantity Of Seized Liquor Bottles: Chhattisgarh High Court

The Chhattisgarh High Court has held that confiscation of a vehicle under Section 47-A of the Chhattisgarh Excise Act cannot be sustained on the basis of a presumption that all seized bottles contained liquor exceeding the statutory limit. The Court observed that before invoking the power of confiscation, the competent authority must satisfy itself on the basis of reliable evidence that...

State Backward Class Commission Is Advisory Body, Cannot Pass Recovery Orders In Commercial Disputes: Chhattisgarh High Court

The Chhattisgarh High Court has held that the Chhattisgarh State Backward Class Commission is an advisory and recommendatory body and has no jurisdiction to direct recovery of money in a commercial dispute. The Court observed that while the Commission's advice may ordinarily be binding on the State Government under the Chhattisgarh Rajya Pichhda Varg Aayog Adhiniyam, 1995, it cannot usurp...

MSME Council Award Passed Without Terminating Conciliation & Following Arbitral Procedure Is A Nullity: Chhattisgarh High Court

The Chhattisgarh High Court has held that an order passed by a Micro and Small Enterprises Facilitation Council (MSEFC) without formally terminating conciliation proceedings and without conducting arbitration in accordance with the Arbitration and Conciliation Act, 1996, is a nullity in the eyes of law. Such an order can be challenged even at the execution stage as a...