When Does a Writ Petition Become Infructuous Due to Efflux of Time?

Courts may dismiss writ petitions as infructuous when circumstances change or relief is no longer required, upon a statement by the petitioner. This judgment reaffirms settled practice, serves as a procedural precedent for writ proceedings, and clarifies that such dismissal does not adjudicate underlying merits.   Summary Category Data Case Name WPSS/1110/2023 of PREETI BISHT […]

Can Conviction under Section 395 IPC Stand When Fewer than Five Persons Are Tried? High Court Affirms Mandatory Requirement of IPC Section 391

The Uttarakhand High Court reiterates that conviction for dacoity under Section 395 IPC cannot be sustained unless the essential threshold of “five or more persons” as stipulated in Section 391 IPC is proved; the judgment restates and applies the statutory mandate, serving as binding precedent for subordinate courts dealing with dacoity charges arising from group […]

Can Conviction for Dacoity Stand if Fewer Than Five Accused Are Tried? Uttarakhand High Court Clarifies the Mandatory Ingredients of Section 395 IPC

The Uttarakhand High Court has held that conviction under Section 395 IPC (dacoity) is legally unsustainable when only four persons are charge-sheeted and tried and no evidence establishes the participation of a fifth person as required by Section 391 IPC. This judgment reaffirms the mandatory statutory threshold for the offence of dacoity and serves as […]

When Is Anticipatory Bail Justifiably Refused Due to Multiple Pending Cases? — Reaffirming Judicial Standards for Bail Discretion under Section 482 BNSS

The Madras High Court reiterates that anticipatory bail may be denied where the accused has a history of similar pending cases and custodial interrogation is considered necessary; upholds established precedent regarding judicial discretion in bail matters, providing binding precedent for subordinate courts handling anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS), particularly in offences […]

Does the Compromise of Parties During Appeal Mandate Court Disposal in Terms of Settlement?

Madras High Court Reaffirms Disposal of Civil Appeals on Memorandum of Understanding; Confirms Binding Precedent for Subordinate Courts   Summary Category Data Case Name AS/462/2021 of M.JAYACHANDRAN(DIED) Vs C. TAMILARASI CNR HCMA010770142021 Date of Registration 24-11-2021 Decision Date 15-10-2025 Disposal Nature DISPOSED OF IN MEMO OF COMPROMISE Judgment Author HONOURABLE DR.JUSTICE A.D.MARIA CLETE Court Madras […]

Can Bail Be Granted under the NDPS Act When Seized Quantity is Below Commercial Quantity Despite Prior Criminal Antecedents? – Precedent Affirmed, Bail Liberalised for Non-Commercial Quantities

The Uttarakhand High Court affirmed that bail may be granted under the NDPS Act where the seized quantity falls below the commercial threshold, even in the presence of prior criminal antecedents, provided there are no past convictions. This judgment upholds prior precedent, clarifies bail standards under Sections 8 and 22 of NDPS Act, and serves […]

When Can a Seized Vehicle Allegedly Carrying PDS Rice Be Released Pending Confiscation Proceedings? Reiteration and Application of Existing Precedents by the High Court

The Telangana High Court clarifies that vehicles seized for allegedly carrying PDS rice may be released during pendency of Essential Commodities Act confiscation proceedings, subject to conditions. The judgment applies established High Court precedent and is binding on subordinate courts in Telangana, with practical guidance for similar release applications.   Summary Category Data Case Name […]

Does a Computer Diploma Recognized as Equivalent by Another State Satisfy Eligibility Where Recruitment Rules Require an ‘O’ Level Diploma Recognized by the Recruiting State?

The High Court affirms that recruitment eligibility, where “equivalence” of qualification is at issue, depends strictly on recognition by the recruiting State and not by orders or equivalence granted by another State. The Court upholds this principle, providing clear binding precedent for all recruitment matters under Uttarakhand’s jurisdiction involving similar eligibility disputes.   Summary Category […]

Can an Appeal under Special Appellate Jurisdiction Be Withdrawn with Liberty to Approach Competent Authority?

The High Court confirmed that appellants may withdraw a special appeal with liberty to seek similar relief before an appropriate forum or authority, without adjudicating on merits. This upholds procedural practice, does not overrule or establish substantive precedent, and serves as a procedural reference for future cases involving withdrawal requests.   Summary Category Data Case […]

Can Vehicles Seized for Alleged Transportation of PDS Rice Be Released Pending Confiscation Proceedings Under the Essential Commodities Act?

The High Court for the State of Telangana reaffirmed its power to direct conditional release of vehicles seized under allegations of transporting Public Distribution System (PDS) rice, pending the outcome of confiscation proceedings under Section 6-A of the Essential Commodities Act, 1955. This decision follows earlier precedent, providing clear authority for lawyers seeking similar interim […]

When Is a Widow Entitled to Monetary Compensation Under the National Coal Wage Agreement After Rejection of Her Compassionate Appointment Application?

The Jharkhand High Court has clarified that a female dependent, whose application for compassionate appointment is rejected (even after delay), is entitled to monetary compensation from the date she originally applied for compassionate appointment — and not from the date she later seeks compensation — provided her delay is not inordinate. The Court follows its […]

Does Non-Examination of Key Recovery Witnesses and Non-Production of Mandatory NDPS Records Vitiate Conviction?

The Madurai Bench of the Madras High Court clarified that failure to examine essential recovery witnesses and non-production of mandatory records such as the General Diary entry under Section 42 of the NDPS Act fatally vitiate prosecution cases; the decision strictly enforces existing Supreme Court precedent, reinforcing the evidentiary burden in NDPS prosecutions, and functions […]