Summary Category Data Case Name MCC/1950/2017 of ASHRAF @ ASHABI (LEGAL REPRESENTATIVE) OF LATE ZAREENA Vs BHAIRU LAL CNR MPHC010330192017 Date of Registration 07-07-2017 Decision Date 24-02-2020 Disposal Nature Dismiss For Default/Want of Prosecution Judgment Author ROHIT ARYA Court High Court of Madhya Pradesh Bench Single Judge Practical Impact Category Impact Binding On Not […]
The court affirmed that dismissal of a writ petition for non-prosecution is an order made due to lack of prosecution and not a judgment on the merits of the case. Such dismissal does not amount to adjudication on the substantive legal or factual issues and does not operate as res judicata. This judgment follows settled […]
The Orissa High Court has clarified that where a party is not heard on a decisive point—especially when the record shows no statutory limitation and the adverse order is passed on that very ground—review is warranted to prevent miscarriage of justice. This decision reaffirms established Supreme Court precedent, elucidates the scope of ‘error apparent,’ and […]
The Uttarakhand High Court has clarified that once an employee unconditionally joins at the transferred place, the validity of the impugned transfer order cannot be adjudicated by the court. The judgment affirms and applies existing law, crystallizing the practical limitation on the court’s intervention in transfer matters post-joining. This acts as binding authority within Uttarakhand […]
A writ petition dismissed at the admission stage due to the petitioner’s absence—before any legal question is adjudicated—does not serve as a binding precedent on questions of law, and is limited to the facts of non-prosecution. This order upholds established procedural principles without advancing or overruling substantive legal doctrine; it has no precedential force beyond […]
High Court confirms that directions from the prior decision in Dr. Hem Raj Sharma v. H.P. University, regarding arrears of Secretariat Pay due after retirement, apply equally to other similarly situated petitioners. The Court upholds existing precedent, offering binding value within its jurisdiction, and directly adopts the logic of earlier adjudication for all analogous cases […]
High Court reaffirms that disposal of writ petitions by permitting petitioners to submit representations to concerned authorities and directing administrative consideration does not entail adjudication of factual disputes or merits. The disposal maintains established precedent and is binding in administrative law disputes, reaffirming the summary procedural framework under writ jurisdiction. Summary Category Data Case […]
Where a litigant of advanced age seeks only administrative consideration of a land records correction, the High Court may, to advance the cause of justice and avoid procedural delay, directly order the relevant authority to decide the representation—without remanding for further Tribunal process. This approach reaffirms courts’ authority to prevent undue procedural wrangling and is […]
The Calcutta High Court reaffirms that when concluded bank sales are challenged and involve factual disputes, the writ Court will refrain from adjudication, directing parties to the appropriate alternative forums. This clarifies and upholds the established limits of writ jurisdiction, maintaining its precedential authority for future cases involving similar factual contours within the banking sector. […]
The Calcutta High Court reiterates that a writ petition is liable to be disposed of as infructuous when the relief sought can no longer be granted due to subsequent developments; this upholds settled jurisprudence and clarifies that courts need not proceed to decide academic issues. The decision is binding precedent for similar matters arising from […]
The Madras High Court has reaffirmed that excessive and unexplained delay (laches) bars the maintainability of writ petitions challenging service dismissal orders, even when filed by the legal heirs of a deceased employee. The decision upholds settled law on laches and underscores the finality of service litigation, binding all subordinate courts in the State. […]
The High Court of Himachal Pradesh has reaffirmed that a review petition may be dismissed where no error apparent on the face of the record is found. This judgment upholds existing precedent on the narrow scope of review jurisdiction within the Code of Civil Procedure and serves as binding authority within the State, clarifying the […]