When Is a Writ Petition Dismissed as Infructuous Due to Lapse of Time? Clarifying the Precedent Value and Practical Implications for Future Filings

The High Court reaffirmed that a writ petition seeking an administrative action (such as the allotment of a transformer) may be disposed of as infructuous if, by the hearing date, the relief sought is no longer relevant or sustainable. This clarifies that such dismissals do not address the merits, and do not create binding precedents—making […]

Does the High Court’s Dismissal of a Writ Petition for Want of Prosecution Clarify the Precedential Value and Scope of Such Dismissals?

The High Court of Chhattisgarh reaffirmed that a writ petition may be dismissed where the petitioner repeatedly fails to appear, and such dismissal is for want of prosecution rather than on merits. This order holds binding value only for the parties but does not set a substantive precedent on merits for future writ petitions.   […]

When Must Daughters Be Made Necessary Parties in Hindu Succession Suits After the 2005 Amendment? Chhattisgarh High Court Reaffirms the Principle and Sets Aside Decree Passed Without Impleading Coparcener Daughters

The High Court held that, following the 2005 amendment to Section 6 of the Hindu Succession Act and Supreme Court precedent, daughters are necessary parties to suits involving ancestral property of the Mitakshara Joint Family. Any decree passed without impleading coparcener daughters is liable to be set aside. This judgment upholds existing Supreme Court precedent […]

Does Absorption into Government Service Reset Eligibility for Time-Bound Promotions under the Kramonnati Scheme?

The Chhattisgarh High Court has ruled that, for purposes of calculating eligibility for the first and second Kramonnati benefits under the State’s policy, the service of an employee absorbed into government service is to be reckoned from the date of such absorption, not prior promotions/pay scales received in private/institutional roles. The Court upheld the entitlement […]

Can a Writ Petition Be Dismissed for Non-Prosecution When the Petitioner Fails to Appear?

The High Court reaffirmed its authority to dismiss writ petitions for non-prosecution when the petitioner or counsel fails to appear, maintaining the established judicial protocol. This decision upholds existing procedure and is binding on all subordinate courts in Andhra Pradesh; it remains persuasive for other High Courts.   Summary Category Data Case Name WP/18747/2020 of […]

When Will High Courts Decline Writ Petitions Due to Alternative Remedies, and Under What Circumstances Can Article 226 Jurisdiction Still Be Invoked?

The Andhra Pradesh High Court reaffirmed that when an equally efficacious statutory remedy (such as the Debts Recovery Tribunal) exists, High Courts will ordinarily decline to exercise their writ jurisdiction under Article 226. The ruling, relying on Supreme Court precedents, upholds existing law and provides binding authority within the state for similar cases in the […]

How Should Courts Determine the Age of a Victim in POCSO and Rape Cases? Reaffirmation and Application of Supreme Court Precedent on Evidentiary Standards

The Chhattisgarh High Court clarifies that school admission registers and unsupported transfer certificates—absent reliable, primary documents or proper foundational evidence—cannot conclusively establish minority for POCSO offences; reaffirms binding Supreme Court precedent on age determination and sets aside conviction where age proof is lacking. The ruling reinforces the mandatory evidentiary hierarchy and standard for proof of […]

When is a Writ Petition Dismissed as Infructuous? Clarifying the Scope and Effect of Dismissal Orders on Substantive Legal Issues — No New Precedent Set

The High Court reaffirmed that dismissing a writ petition as “infructuous” does not decide any question of law or set binding precedent. The judgment does not alter or clarify substantive legal principles and has no effect as a precedent for future cases — practitioners should note its merely procedural nature.   Summary Category Data Case […]

Can a Writ Petition Be Entertained When Rendered Infructuous Before Decision? — Precedent on Judicial Discretion To Dismiss as Infructuous Upheld

The court reaffirmed that when a writ petition becomes infructuous prior to adjudication, it must be dismissed as such without any determination on merits. This judgment upholds well-settled judicial procedure and serves as binding authority within Andhra Pradesh, clarifying the approach when cases become moot during pendency.   Summary Category Data Case Name WP/14239/2019 of […]

Does the Minimum Wage Notification Govern the Assessment of Income for Deceased Semi-Skilled Workers in Motor Accident Claims?

The Chhattisgarh High Court holds that for deceased semi-skilled workers, the minimum wage notified by the State is to be adopted for income assessment in motor accident claims, unless cogent contrary evidence exists. The judgment applies and clarifies Supreme Court precedents, and constitutes binding authority for compensation computation in similar claims.   Summary Category Data […]

When is a University Bound to Issue a ‘No Objection Certificate’ for Shifting a College to Another University’s Jurisdiction? — Affirming Precedent on Conditional NOCs and Payment of Affiliation Fees

Where the original affiliating university raises no substantive objection to the transfer, and the college agrees to fulfill pending financial/legal obligations, the university must grant a No Objection Certificate (NOC) subject to such conditions. This judgment affirms established law and clarifies procedural requirements for transfer of affiliation among higher educational institutions in Andhra Pradesh; serves […]

Can an Insurer Be Exonerated from Liability for Third-Party Motor Accident Claims If the Driver Lacked a Valid Transport Vehicle Licence on the Date of Accident? – Precedential Clarification on Breach of Policy and Liability

The Chhattisgarh High Court has reaffirmed, in light of binding Supreme Court precedents, that an insurance company can be fully exonerated from liability in third-party motor accident claims where it is established that there was a fundamental breach of policy conditions, specifically where the driver did not possess a valid and effective “Transport Vehicle” licence […]