The Court clarified that discretionary power under Order XXIII Rule 1(3) CPC to grant leave to withdraw and refile a suit must be exercised by judicially applying mind to the specific case facts; non-speaking, generic orders are legally unsustainable. This judgment affirms existing precedent regarding the requirement for reasoned and speaking orders, reinforcing the principle […]
The Punjab and Haryana High Court reaffirmed that, in the absence of fraud or misrepresentation, an employer cannot recover excess gratuity paid to an employee after retirement, following the Supreme Court ruling in Rafiq Masih (2014) 8 SCC 883. This decision upholds settled law, provides binding authority for similar disputes involving public sector and government […]
The High Court clarified that when a public authority passes a speaking order as directed and duly communicates it, the contempt is purged and the rule discharged. The court reaffirmed existing precedent regarding the limited scope of contempt proceedings and emphasized that aggrieved parties retain remedies to challenge the speaking order in accordance with law. […]
The Punjab & Haryana High Court reaffirmed that when an accused granted interim anticipatory bail under Section 482 of the Bhartiya Nyaya Suraksha Sanhita, 2023, joins and fully cooperates with the investigation and custodial interrogation is no longer required, the interim order of bail should be confirmed and made absolute. This decision upholds established procedure […]
The High Court reaffirmed that when an accused joins and cooperates with investigation under the BNS, anticipatory bail protection may be made absolute, subject to statutory conditions. This decision adheres to established precedent, offering clear procedural guidance for future cases under BNS Section 140(2) in Punjab and Haryana. Summary Category Data Case Name CRM-M/39832/2025 […]
Punjab & Haryana High Court reaffirms that once an accused joins investigation and cooperates as directed, interim anticipatory bail can be made absolute if statutory conditions are met under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. This judgment maintains existing procedural doctrine and serves as binding authority for subordinate courts handling anticipatory bail […]
The Punjab & Haryana High Court in 2025 reaffirmed that a defendant cannot challenge a suit for want of ad valorem court fee unless the objection was specifically raised in the written statement. The judgment upholds established precedent and is binding on all subordinate courts in Punjab, Haryana, and Chandigarh, particularly in suits involving mandatory […]
Where the relief sought in a writ petition is fully granted by the respondent authority during the pendency of proceedings, the High Court affirms that the petition is rendered infructuous and is to be dismissed accordingly; this approach upholds existing procedural precedent and clarifies that courts will not adjudicate petitions after actual redressal of grievance. […]
The Allahabad High Court has reiterated that where parties settle their dispute during the pendency of an appeal, the appeal may be withdrawn and dismissed on the basis of such compromise. This judgment follows established precedent, confirming the court’s consistent approach and is binding within its jurisdiction, particularly relevant to real estate regulation (RERA-related matters). […]
Uttarakhand High Court affirms that compassionate appointments as daily wagers (where the deceased employee was not a regular government servant) do not automatically entitle dependents to regularisation, but allows limited representation if the initial compassionate appointment conformed to a government order. Precedent of the Full Bench followed; claimants may make representations for regularisation based on […]
The Court directs that dependents appointed as daily wagers on compassionate grounds after the death of work-charged employees may seek regularisation through representation, referencing prior judicial orders; it does not depart from binding Full Bench precedent which had denied such status, but preserves the right to procedural consideration. The outcome has persuasive value for similarly […]
The Calcutta High Court reaffirmed that prolonged suspension and undue delay in concluding disciplinary proceedings by a co-operative society are contrary to the principles of natural justice, and directed conclusion within a fixed timeframe. This judgment follows existing precedent and clarifies procedural obligations upon such societies, having binding value for subordinate courts dealing with similar […]