What Is the Precedential Impact When a Writ Petition Is Dismissed as Withdrawn?

A writ petition withdrawn by leave of the Court is dismissed as withdrawn without adjudication on merits. Such a disposal does not affirm, overrule, or modify existing legal principles and does not serve as a binding precedent. The judgment clarifies the procedural status of withdrawn writ petitions for litigants and counsel in administrative law matters. […]

When Is a Writ Petition Dismissed as Infructuous Due to Efflux of Time? Clarification of Procedural Dismissals and Their Precedential Value

The High Court of Uttarakhand confirms that writ petitions can be dismissed as infructuous when the petitioner’s counsel concedes the matter has been overtaken by events, affirming established procedural law without altering substantive legal principles. Such dismissals do not create binding legal precedent for substantive issues but clarify procedural practice for future cases.   Summary […]

When Can a Suit Asserting “Statutory Tenancy” Post-Leave and License Be Rejected at the Threshold Under Order VII Rule 11 of the CPC? — Reaffirming Parameters for Rejection of Vexatious and Illusory Pleadings

Suit for declaration of tenancy post-expiry of leave and license agreement, unsupported by law or material facts, is not maintainable; High Court reaffirms Supreme Court parameters for rejecting plaints under Order VII Rule 11 CPC—binding on Maharashtra courts and persuasive elsewhere.   Summary Category Data Case Name CRA/627/2024 of SMT. MEENAKSHI BALASO MAGDUM AND ORS […]

When Can a Government Employee Seek Transfer Near a Family Member Requiring Medical Care? Clarification on Rights and Administrative Discretion (Binding Authority for Himachal Pradesh Subordinate Courts)

The Himachal Pradesh High Court reaffirmed that while an employee’s compassionate circumstances—such as a spouse’s serious illness—merit consideration, administrative requirements and transfer guidelines prevail. The Court directed that the competent authority must reconsider transfer adjustment requests in accordance with law, after due representation. The judgment upholds existing precedent and is binding on subordinate courts within […]

Does Mere Filing of a Review Petition Bar the Award of a Public Contract to a Qualified Lowest Bidder After Previous Disqualification Is Reconsidered? Precedent Affirmed: Litigation Does Not Stall Essential Services’ Tender Allotment When NIT Compliance Is Established

The Himachal Pradesh High Court has clarified that once a tender rejection is reversed due to misinterpretation and the lowest bidder’s qualification is reaffirmed in open competition as per the Notice Inviting Tender (NIT), pending review petitions do not create a legal bar to awarding the contract, especially where essential services are at stake. This […]

Does the Absence of Criminal Antecedents and Recovery Below Commercial Quantity Justify Bail in NDPS Offences? Precedent Affirmed — High Court of Rajasthan Reiterates Principles on Grant of Bail Under Section 8/18 NDPS Act Where Accused Have No Criminal Antecedents and Seizure is Less Than Commercial Quantity (Binding Authority for Subordinate Courts)

The Court has clarified that bail can be granted under Section 8/18 of the NDPS Act in cases involving seizure below commercial quantity when the accused have no prior criminal history and relevant personal circumstances favour release; this reiteration of established law is binding on subordinate courts and persuasive in similar contexts.   Summary Category […]

Can High Courts Entertain Writ Petitions Alleging Denial of Voting Rights Post-Election Without Specific Voter Identification?

The High Court of Jharkhand reaffirmed that litigation alleging denial of constitutional voting rights must be supported by specific, verifiable details such as voter ID. Post-election writ petitions lacking foundational particulars are liable to be dismissed as vexatious, reinforcing the necessity for diligence and substantiation in election-related civil writs. The judgment serves as binding precedent […]

*Clarification on Voluntary Withdrawal of Criminal Petitions Upon Objection and Impact on Precedent Value*

The court held that, in light of the State’s reply outlining numerous cases against a petitioner and their family, a criminal writ petition may be voluntarily not pressed by the petitioner. Such an order is purely procedural and carries no binding or persuasive precedential value for substantive legal questions. No new legal principles are articulated […]

Can a Criminal Appeal Against Acquittal be Dismissed for Non-Prosecution if the Appellant and Counsel Are Absent?

The Himachal Pradesh High Court affirms that in a criminal appeal against acquittal, the absence of both the appellant and their counsel—despite proper service of notice—is a valid ground for dismissal for non-prosecution. This judgment maintains current procedural law and establishes clear precedent for similar cases in criminal litigation.   Summary Category Data Case Name […]

Does the High Court Permit Petitioners to Challenge Subsequent Administrative Orders Passed During the Pendency of a Writ Petition Without Deciding the Merits?

The High Court clarified that disposal of a writ petition—following the passing of a new administrative order relevant to the proceedings—does not preclude the petitioner from challenging such fresh order before the competent forum. The judgment affirms long-standing procedural practice and holds binding precedential value for all subordinate courts within the state, especially in government/administrative […]

Can Writ Jurisdiction Be Invoked for Demarcation of Private Land Disputes? Jharkhand High Court Affirms Civil Court as Proper Forum

The Jharkhand High Court reiterated that writ petitions are not maintainable for resolving private land demarcation disputes between individuals, affirming that such matters fall within the domain of civil courts. The decision upholds existing precedent and clarifies the division of jurisdiction, providing binding authority within the state judiciary for similar cases.   Summary Category Data […]

Can Conviction Be Based Solely on Police Confessional Statements and Uncorroborated Section 164 CrPC Witness Statements? — Jharkhand High Court Dissects Admissibility of Evidence in Serious Offences

The Jharkhand High Court clarified that confessional statements to police and uncorroborated witness statements under Section 164 CrPC cannot form the sole basis for conviction. The Court set aside convictions imposed under these evidentiary defects, reaffirming the established law. This ruling is binding on Jharkhand subordinate courts and strong persuasive authority elsewhere, especially in prosecutions […]