Is a Suit for Injunction by a Plaintiff Not Claiming Title Maintainable Against a “Stranger” Defendant When the True Owner Is Not Made a Party?

The Orissa High Court has reaffirmed that where a plaintiff in peaceful possession of property seeks an injunction against a defendant with no interest in the property, such a suit is maintainable even if the true owner (whose title is undisputed and relief is not sought against) is not made a party. The judgment follows […]

Can Dismissal of an Educational Employee’s Appeal Solely for Non-Filing of Original Termination Order Be Upheld When Companion Appeals on Identical Facts Are Allowed?

The High Court held that denying reinstatement to an employee based only on non-filing of the original termination letter, where all similarly placed employees were reinstated, is unsustainable. This judgment reaffirms established principles of individual justice and non-discriminatory procedural application in educational service law, serving as binding precedent for School Tribunal appeals across Maharashtra.   […]

When Does a Writ Petition Become Infructuous in the Admission Process?—Reaffirmation of Existing Law on Relief When Circumstances Change

The High Court reiterates that writ petitions seeking relief in admission-related matters become infructuous if the legal basis for the claim ceases to exist (such as failure to qualify in entrance examinations); follows established precedent and offers binding clarity for subordinate courts and persuasive value elsewhere in education-sector litigation.   Summary Category Data Case Name […]

Can a Writ Petition Challenging Non-Qualification in Entrance Examinations Be Entertained If the Issue Becomes Infructuous Before Decision?

The High Court of Uttarakhand reaffirms that writ petitions that have become infructuous—such as those involving unsuccessful candidates in entrance examinations—are liable to be dismissed as infructuous at any stage. This judgment follows established precedent and clarifies that such cases need not be adjudicated on merits once the substantive relief cannot be granted. The decision […]

When Are Writ Petitions Dismissed as Infructuous: Does Failure in Qualifying Exams Render Legal Challenges Moot?

The court reaffirmed that writ petitions become infructuous and liable for dismissal when the relief sought is rendered impossible due to supervening events—such as petitioners failing to qualify relevant entrance examinations. This judgment upholds existing precedent on mootness and finality, and acts as binding authority within Uttarakhand, with persuasive value elsewhere, particularly in educational admission […]

Does a Statement by Counsel on Infructuous Writ Automatically Lead to Dismissal as Infructuous?

The court reaffirmed that when a petitioner’s counsel states that the writ petition has become infructuous, the writ petition can be summarily dismissed as infructuous—without entering the merits. This order upholds established procedural norms and functions as binding precedent within the High Court of Uttarakhand on administrative disposal of infructuous matters.   Summary Category Data […]

Does Mere Criminal Antecedents Justify Conviction Under the NDPS Act When Prosecution Evidence Is Lacking? — Madras High Court Reaffirms Need for Strict Proof and Diligent Investigation

The Madras High Court allowed the appeal, acquitted the accused of NDPS charges, and clarified that prior criminal antecedents cannot form the basis for conviction absent credible evidence, setting an important precedent for NDPS prosecutions and standards of police investigation. This judgment upholds Supreme Court authority and is binding precedent for subordinate courts in Tamil […]

Does an Appellate Court Dismissal for Want of Prosecution Constitute a Decision on Merits or Leave Substantive Issues Unaddressed?

The appellate court reaffirmed that an appeal dismissed for want of prosecution, owing to the appellant’s repeated non-appearance, is not an adjudication on the underlying merits. No substantive questions of law were addressed, and the dismissal is procedural rather than precedential for future similar legal issues.   Summary Category Data Case Name LPA/264/2017 of HARICHAND […]

What Is the Precedential Value When an Appeal Is Dismissed for Non-Prosecution Under Section 19(1) of the Family Courts Act?

When a civil miscellaneous appeal is dismissed for non-prosecution due to the appellant’s repeated absence or failure to argue, the court does not adjudicate on the merits or legal questions raised. Such orders are procedural and hold no binding or persuasive value on points of law for future cases, as reaffirmed in this Family Courts […]

Does Non-Compliance with NDPS Act Section 42 and Failure to Ensure Accused’s Language Rights Vitiate the Trial? — Precedential Clarifications from the Madras High Court

Madras High Court affirms that failure to strictly comply with Section 42 of the NDPS Act, and to ensure procedural fairness when the accused do not understand the trial language, invalidates conviction and vitiates the trial. This judgment reinforces and applies binding Supreme Court precedent, serving as a binding authority for subordinate courts and persuasive […]

When Is a Writ Petition Dismissed as Infructuous? High Court Reaffirms that No Relief Survives When Underlying Cause Ceases to Exist

The Uttarakhand High Court clarified that when petitioners themselves admit the cause of action no longer survives—such as failure to qualify in a relevant examination—the writ petition must be dismissed as infructuous. This order upholds settled principles and serves as a procedural guideline for similar education sector cases.   Summary Category Data Case Name WPMS/2666/2024 […]

What Is the Legal Effect When a Writ Petition Becomes Infructuous: Does Dismissal as Infructuous Operate as a Precedent or Bar Subsequent Similar Petitions?

The Court held that writ petitions which become infructuous due to supervening circumstances—such as petitioners no longer having locus because of failing an entrance examination—are to be dismissed as infructuous; such dismissal carries no precedential effect on the underlying questions of law or facts. The judgment affirms settled principles regarding the procedural fate of infructuous […]