Can Recruitment Eligibility Criteria Be Amended After Advertisement? Gauhati High Court Clarifies When “Changing Rules Midway” Applies

The Gauhati High Court has clarified that amending eligibility criteria for recruitment via an addendum—after an initial advertisement that did not start the application process—does not amount to “changing the rules of the game midway.” The judgment upholds existing Supreme Court precedent, affirms the primacy of the extant rules at the commencement of the application […]

Can Decision-Makers in University Inquiry Committees Also Be Members of the Board of Management? Gauhati High Court Clarifies Application of Nemo Judex in Causa Sua to Selection Review Proceedings

The Gauhati High Court: Reaffirms that the principle of Nemo Judex in Causa Sua applies to university inquiry committees, nullifying selections and re-inquiries that allow Board of Management members to act in investigative, reporting, and adjudicatory roles. This judgment is binding on subordinate courts in Assam and holds persuasive value elsewhere for cases involving bias […]

Does Financial Upgradation under MACPS Ignore Prior Promotions or ACP Benefits Not Due to Merger of Posts? Gauhati High Court Upholds Delineation Rule

The Gauhati High Court has clarified that under the Modified Assured Career Progression Scheme (MACPS), prior promotions or financial upgradations (ACP) that result in higher grade pay—not due to merger of pay scales—cannot be ignored when granting subsequent MACP benefits. The Court thereby narrows the interpretation and sets binding precedent within its jurisdiction.   Summary […]

Does Withdrawal of a Writ Petition by the Petitioner Set Any Precedential Value or Affect Existing Legal Principles Regarding Such Withdrawals?

The Chhattisgarh High Court permitted withdrawal of a writ petition at the petitioner’s request without adjudicating on legal issues, reaffirming that such procedural orders do not set binding or persuasive precedent. The order neither alters nor affirms any point of substantive law and holds no precedential value for future cases.   Summary Category Data Case […]

When Can a Murder Conviction Be Modified to Culpable Homicide Not Amounting to Murder Under Section 304 Part-II IPC Based on Circumstantial Evidence?

The Chhattisgarh High Court clarifies that, where circumstantial evidence establishes a sudden quarrel without premeditation, lack of fatal ante-mortem injuries, and postmortem burning, conviction under Section 302 IPC may be altered to Section 304 Part-II IPC. This judgment upholds and applies existing Supreme Court and High Court precedents, serving as binding authority within Chhattisgarh and […]

Can a Joint Venture with a Majority Private Stake Claim Mining Lease Benefits Reserved for Government Companies under the MMDR Act after the 2015 and 2021 Amendments? (Judgment applying and clarifying pre-existing law; binding authority within High Court of Chhattisgarh)

The High Court of Chhattisgarh held that mining lease benefits reserved for government companies under Section 17A of the MMDR Act cannot be extended to joint ventures where the private partner holds the majority stake and exercises effective control. The Court further clarified that executive guidelines clarifying ‘control’ and shareholding ratios are applicable retrospectively as […]

Does a Pending Writ Appeal Survive If the Issue Has Been Redressed During the Pendency—Precedential Value of Dismissal as Withdrawn?

The Chhattisgarh High Court clarifies that an intra-court appeal may be dismissed as withdrawn when the appellant states the issue stands redressed, without adjudicating on merits. This technical dismissal does not create binding precedent on substantive law, but records that such appeals may be withdrawn if the grounds no longer subsist. No new law was […]

Does Dismissal of a Writ Petition as Infructuous Create Binding Precedent or Clarify Substantive Law in Indian Jurisprudence?

A writ petition dismissed as infructuous does not decide substantive legal issues and does not create binding precedent; such dismissal maintains the status quo regarding existing legal principles and carries no precedential value for future cases.   Summary Category Data Case Name WP/7658/2019 of Kolli Apparao, Vs THE STATE OF AP CNR APHC010173222019 Date of […]

Does the Principle of Strict Liability Mandatorily Apply to Electricity Companies for Electrocution Incidents, Irrespective of Proved Negligence? — Precedent Affirmed and Binding Authority

Chhattisgarh High Court reaffirms the application of strict liability in electrocution deaths caused by live wires managed by electricity authorities, holding that proof of negligence is unnecessary; reinforces Supreme Court and High Court precedents and serves as binding authority on subordinate courts in Chhattisgarh for hazardous activities involving public utilities.   Summary Category Data Case […]

Does a Family Arrangement Require Registration to Be Enforceable for Sharing Joint Property Rental Income? Practical Reaffirmation of the Kale Doctrine by the High Court of Chhattisgarh

A consent deed/family arrangement, even if unregistered, is admissible in evidence and binds the parties if acted upon, as reaffirmed by the High Court of Chhattisgarh relying on settled Supreme Court precedent (Kale, Narendra Kante, Thulasidhara). The judgment upholds existing law and serves as binding authority within Chhattisgarh, with persuasive value elsewhere, particularly for property […]

Does Issuance of a Section 91 CrPC Notice Addressing a Person as “Accused” Violate Article 20(3) If the Person Is Only a Witness?

The High Court clarifies that police issuance of a notice under Section 91 CrPC addressed incorrectly—calling a witness an “accused”—is illegal and violates constitutional protections, particularly Article 20(3). The judgment upholds existing law on proper procedure and serves as binding authority within Andhra Pradesh, reaffirming legal limits on investigatory powers.   Summary Category Data Case […]

Can a Petition for Quashing FIR Continue Once the Petitioner is Acquitted? — Precedent Regarding Infructuousness of Quashing Petitions After Acquittal

The High Court clarifies that a petition seeking quashing of an FIR becomes infructuous if the petitioner is acquitted during its pendency. This order affirms established procedural principles and carries binding authority on subordinate courts in Chhattisgarh regarding the disposal of similar quashing petitions following acquittal.   Summary Category Data Case Name CRMP/413/2020 of SATYENDRA […]