Does Transfer Policy Confer a Legal Right for Married Government Employees to Be Posted Together? Chhattisgarh High Court Upholds Managerial Discretion

The High Court answered that the transfer policy—specifically, provisions allowing spouses to be posted together—does not grant an enforceable right to government servants to dictate their posting; transfer remains an incident of service. The judgment aligns with existing Supreme Court precedent, reaffirming the limited scope of judicial intervention in transfer orders concerning government employees in […]

Can GST Registration Cancellation Be Set Aside Upon Subsequent Compliance with Tax and Filing Requirements?

The Gauhati High Court has clarified that an assessee whose GST registration was cancelled for non-filing of returns under Section 29(2)(c) of the CGST Act, 2017, may have such cancellation set aside if all pending returns are filed and dues paid as per the proviso to Rule 22(4) of the CGST Rules, 2017. This ruling […]

When Is a Previous Judgment Eligible for Review Under Order 47 Rule 1 CPC? High Court of Chhattisgarh Affirms the Strict Limitations on the Scope of Review Jurisdiction

The court reaffirmed that review powers cannot be exercised as an appeal in disguise and are limited strictly to error apparent on the face of the record or other statutorily prescribed grounds. Change in law or subsequent favorable judgments do not justify review. This judgment upholds existing Supreme Court precedent and serves as binding authority […]

Can Salary Received Through Compassionate Appointment to the Dependent of a Deceased Motor Accident Victim Be Deducted from Compensation? – Andhra Pradesh High Court Reaffirms Existing Precedent and Provides Enhanced Guidance for Motor Accident Claims

The High Court of Andhra Pradesh has clarified that salary earned by a family member through compassionate appointment after the death of a motor accident victim cannot be deducted from compensation under the Motor Vehicles Act. This decision upholds established Supreme Court precedent and provides substantial clarification on the calculation of just compensation, including future […]

Does a Review Petition Under Order 47 Rule 1 CPC Permit Re-Arguing Decided Issues If No Error Apparent on Record Is Shown?

The High Court reaffirmed that a review petition cannot serve as an appeal in disguise and may only be allowed on grounds strictly defined by Order 47 Rule 1 CPC, such as error apparent on the face of the record or new evidence not previously available. The judgment upholds established Supreme Court precedent, reiterates limits […]

Can a High Court Restoration Application Be Rejected Without Sufficient Reason? — High Court Affirms Restoration Must Be Granted When Appropriate

The Gauhati High Court has clarified that rejection of a restoration application in writ proceedings must be properly justified, and restoration must be allowed when warranted. This judgment upholds the principle that procedural technicalities must not defeat substantive justice, reaffirming the proper exercise of discretion by courts in allowing restoration. The ruling sets a binding […]

How Should High Courts Calculate “Just and Reasonable” Compensation in Motor Accident Injury Claims? — Reaffirming Parameters for Disability Assessment, Income Proof, and Application of Multipliers (Binding Authority)

The High Court clarified and applied Supreme Court principles for quantifying compensation in motor accident injury cases, especially regarding disability assessment and income verification. This judgment upholds established precedent, provides a detailed framework for calculation, and serves as binding authority for all subordinate courts in Andhra Pradesh in motor accident compensation matters.   Summary Category […]

Can Compassionate Appointment Be Sought Decades After Employee’s Death? — Precedential Limits on Delayed Claims Clarified and Upheld

The Chhattisgarh High Court reaffirms that compassionate appointments are strictly for immediate relief following a government employee’s death, not as an entitlement years later; upholds Supreme Court precedent, confirming binding limits on delayed applications and denying eligibility after prolonged lapse.   Summary Category Data Case Name WA/734/2025 of KU. SMRITI VERMA Vs THE STATE OF […]

Can an Eligible Candidate from a Waiting List Claim Appointment When Administrative Delay Causes Waiting List Expiry, Despite Timely Representation? — Existing Precedent Affirmed as Binding Authority

The Chhattisgarh High Court clarifies that when a candidate asserts their claim for appointment from a waiting list within its validity period, and the vacancy arises during that period, administrative or procedural delays on the part of authorities cannot defeat the candidate’s right to appointment; this upholds Supreme Court and High Court precedent and is […]

Does Voluntary Withdrawal of a Writ Petition Bar Further Relief on the Same Issue? Upholding Procedural Discretion in the High Court

The Chhattisgarh High Court reiterated that a writ petition may be withdrawn by the petitioner at any stage without opposition, resulting in dismissal as withdrawn. This judgment affirms established procedural law and provides binding authority on the permissibility and effect of voluntary withdrawal, with precedent value for future writ proceedings.   Summary Category Data Case […]

Does a Passenger Travelling in a Goods Vehicle to Safeguard Their Own Goods Qualify for Statutory Insurance Coverage? – Chhattisgarh High Court Affirms Existing Precedent

The Chhattisgarh High Court has held that a person accompanying their goods in a goods carriage to safeguard them is not a gratuitous passenger, and statutory insurance coverage applies. This judgment upholds the settled principle, clarifies the scope of Section 147 of the Motor Vehicles Act, 1988, and serves as binding precedent within Chhattisgarh. Precedents […]

Can a High Court Writ Petition Be Dismissed Solely for Non-Prosecution? Clarification of Judicial Approach and Precedential Authority of Such Dismissals

The High Court of Chhattisgarh reaffirmed that a writ petition can be dismissed for want of prosecution when the petitioners or their counsel repeatedly fail to appear. This order follows settled procedural law and functions as binding authority within the jurisdiction, providing clear guidance on the court’s powers regarding non-prosecution of writ petitions.   Summary […]