A writ petition dismissed for default due to non-appearance does not decide questions of law or fact, has no precedential value on merits, and cannot be cited as authority. The order simply terminates the proceeding without adjudication. Summary Category Data Case Name WPA/2227/2020 of Sathi Khurana Vs State of West Bengal & ORS CNR […]
The Calcutta High Court, reaffirming existing Supreme Court and High Court precedent, clarified that criminal proceedings under Section 379 IPC (theft) are not maintainable where joint property or civil co-ownership is admitted, and the complainant lacks exclusive title; such disputes are quintessentially civil. This judgment, relying on binding Supreme Court authority, strengthens lawyers’ ability to […]
Summary Category Data Case Name AS/497/2008 of M/s. Rama Spinners Pvt. Ltd. Vs The Asst. Accounts Officer APSEB CNR HBHC010431682008 Date of Registration 13-06-2008 Decision Date 15-03-2019 Disposal Nature DISPOSED OF NO COSTS Judgment Author Hon’ble Sri Justice Raghvendra Singh Chauhan Concurring or Dissenting Judges Hon’ble Sri Justice T.Amarnath Goud (concurring) Court High Court […]
The Orissa High Court clarified that a benevolent circular, granting promotional or pecuniary benefits to government employees, operates retrospectively when denial of training opportunity is not attributable to the employee. The Court set aside the denial of the 3rd Modified Assured Career Progression Scheme (MACPS) benefit on the ground that the government’s own omission could […]
The Calcutta High Court clarified that police must register an FIR if a complaint discloses cognizable offences, regardless of the complainant’s subsequent withdrawal or reluctance. This judgment affirms the mandatory nature of FIR registration and sets aside contrary procedural handling, reasserting binding precedent for all subordinate courts in West Bengal. Summary Category Data Case […]
The Calcutta High Court reaffirms that where a court specifically directs the Chairman of the West Bengal Central School Service Commission to decide a transfer application, only the Chairman has the authority to do so, and any decision by the Secretary is ultra vires and a nullity. This case follows and applies existing principles regarding […]
The Calcutta High Court reaffirmed that when an efficacious alternative remedy exists under statute, writ jurisdiction will not be invoked against proceedings initiated under Section 50(1)(f) of the West Bengal Land Reforms Act, 1955. This judgment upholds established precedent and serves as binding authority within the jurisdiction. Summary Category Data Case Name WPA/3348/2020 of […]
Court declined to interfere in pension disbursement where the pensioner was alive and entitlement was not shown to be illegal; permitted withdrawal of the writ petition with liberty to pursue civil remedies. Does not set new legal precedent and is not binding authority for future similar disputes. Summary Category Data Case Name WP(C)/421/2024 of […]
The court clarified that project-affected persons alleging entitlement under an earlier policy, rather than a superseding one, must be allowed to represent their claims; authorities are obliged to consider such representations and pass a reasoned order after hearing both affected persons and the public undertaking. This decision affirms and operationalizes procedural fairness for land acquisition […]
The Calcutta High Court dismissed as infructuous a writ petition challenging an order under Section 144(2) CrPC, holding that passage of time had rendered the judicial review ineffective. This reaffirms the binding principle that challenges to time-limited executive orders may be declined if those orders have expired. The decision upholds existing precedent on mootness and […]
Patna High Court has reiterated that blacklisting orders by quasi-judicial authorities must contain detailed reasons addressing the affected party’s contentions, strictly applying Supreme Court precedent. The judgment affirms existing law, is a binding authority within Bihar, and carries persuasive value elsewhere, particularly impacting public procurement and government contract disputes. Summary Category Data Case Name […]
The Calcutta High Court has reaffirmed that challenging multiple separate assessment orders via a single writ petition is not maintainable, thereby upholding the established procedural requirement that each distinct cause be contested separately. The decision clarifies procedural law and strengthens its binding value for future challenges to assessment orders in similar contexts. Summary Category […]