The Calcutta High Court has restated that an order rejecting an application under Order VII Rule 10 of the CPC is not appealable under Order XLIII or any other provision. This judgment upholds the existing legal position, reinforcing that challenges must be brought through other appropriate forums and confirms binding precedent for subordinate courts. […]
The Court clarified that an order rejecting an application under Order VII Rule 10 of the Code of Civil Procedure is not appealable, either under Order XLIII or any other provision of the CPC; thus, any challenge must be brought before the appropriate forum through the correct procedural route. This holding upholds the settled position […]
The Court clarified that unless ouster is specifically pleaded and proved, the mere passage of time or separate possession does not bar a co-sharer’s suit for partition. The case partially overrules the trial court’s findings, reinforcing the requirement of explicit evidence for ouster, while upholding the principle that partition deeds not executed by a party […]
A High Court Single Judge’s summary dismissal of a second appeal without discussions or findings does not create binding authority on any question of law and does not set a precedent for subordinate courts or future litigants. Affirms the limited precedential value of non-speaking dismissal orders in civil procedure appeals in Telangana. Summary Category […]
The Calcutta High Court has affirmed that withdrawal and dismissal of an appeal does not operate as a decision on merits, nor does it prejudice the ongoing writ petition before the Single Judge. This judgment upholds existing precedent and clarifies the procedural consequences of dismissal as withdrawn, providing authoritative guidance to litigators on the precedential […]
The Calcutta High Court clarified that when a second appellate court exceeds its jurisdiction by deciding a question of fact without framing a substantial question of law—as required by Section 100 CPC—such a decision qualifies as “sufficient reason” under Order 47 Rule 1 CPC for review. The judgment upholds the established principle that second appeals […]
The court holds that, when a government servant has already served in a hard and tribal area, re-transferring them to a similar area—particularly at the fag end of their career—is impermissible in the absence of justification, and quashes such an order. This judgment upholds existing administrative norms and will serve as binding precedent within the […]
The court affirmed that where a registered deed of conveyance lacks any express condition of reconveyance on repayment, a plaintiff seeking interim injunction cannot, prima facie, assert a right to that relief, even if the underlying suit contends the transaction was a loan secured by the property. This judgment follows prevailing law, reinforcing current precedent […]
The Uttarakhand High Court reaffirmed that courts must not judicially enforce custody or visitation rights against the clear wishes of a minor, especially when supported by counseling reports. This judgment affirms established Supreme Court precedent, with direct implications for family courts handling guardianship and visitation disputes. Summary Category Data Case Name AO/580/2023 of GAJENDRA […]
The High Court reaffirmed that criminal revision proceedings abate following the petitioner’s death, resulting in dismissal on abatement grounds. This upholds settled procedure and acts as binding authority for courts and practitioners handling similar posthumous abatement issues in criminal revisions. Summary Category Data Case Name CR.R/54/2015 of R.D SHARMA Vs SURENDER SINGH JAMWAL CNR […]
The Madras High Court clarifies that the mere reference to a pathway (battai) as a boundary in a sale deed does not itself confer an easementary right of way by express or implied grant, especially where the property in question is not a public road or shown to be set apart as a common way. […]
The Himachal Pradesh High Court affirms that once an impugned office order withdrawing service benefits is withdrawn by the government through a subsequent order, all previously withdrawn benefits must be restored to affected parties in a time-bound manner. This judgment clarifies implementation obligations for the government and employees in the service law context and establishes […]