Can a Defendant Seek Rejection of Plaint under Order VII Rule 11 CPC After Filing a Written Statement? Is Withdrawal of Civil Revision Permitted With Liberty to Raise All Pleas at Trial?

A civil revision challenging refusal to reject a plaint under Order VII Rule 11 CPC was dismissed as withdrawn after the written statement had been filed; the High Court clarified that liberty remains to raise all available pleas at trial and directed the trial court to independently assess the matter. This judgment upholds established procedure […]

When Can Anticipatory Bail Be Denied Under Section 482 BNSS, 2023 On Grounds of Serious Offence and Need for Custodial Interrogation?

Anticipatory bail may be denied in cases involving serious allegations, habitual offending, and when custodial interrogation is necessary for fair investigation, as per Supreme Court guidelines; this judgment upholds existing precedent and serves as binding authority for subordinate courts in evaluating the balance between individual liberty and societal interest.   Summary Category Data Case Name […]

When Can Bail Be Granted Despite Prior Convictions or Serious Charges? Clarification on the Application of Bail Principles under Article 21 and Criminal Antecedents

The High Court reaffirms that the existence of prior convictions or seriousness of the alleged offence cannot be the sole grounds for denial of bail; courts must consider the facts of each case, the status of investigation, and the rights under Article 21. This judgment follows binding Supreme Court precedents and serves as authoritative guidance […]

Can Gross Salary, Including All Allowances, Be Taken as Deceased’s Income in Motor Accident Claims? Clarification and Application of Supreme Court Precedent by Punjab & Haryana High Court

Gross salary, inclusive of all allowances (such as HRA, CCA, medical, and other benefits), must be considered for calculating compensation in motor accident claims, following Supreme Court precedent; conventional heads and loss of consortium must align with Pranay Sethi, Magma General Insurance Co., and N. Jayasree rulings. This decision upholds and applies binding law for […]

Does Dismissal of a Revision Petition for One Co-Interested Party Mandate Dismissal of Another’s Petition on Same Grounds? — Reaffirmation of Consistent Precedent

The Punjab and Haryana High Court has upheld the principle that where co-interested parties have an identity of interest and one party’s revision petition against an order stands dismissed, the same outcome must follow for another similarly situated party. This judgment reaffirms existing precedent and serves as binding authority within the court’s jurisdiction for similarly […]

Can Bail Be Granted in Heinous Offences Based Solely on Hostile Witnesses and Parity with Co-accused? – Precedent Affirmed on Bail Principles in Murder Cases Based on Circumstantial Evidence

The High Court reaffirms that in serious offences like murder based on circumstantial evidence, the pendency of trial, hostile witnesses, and bail to a co-accused are not sufficient grounds for regular bail where substantial allegations remain. The judgment upholds established bail jurisprudence and clarifies its continued precedential authority for subordinate courts.   Summary Category Data […]

Can Conditional Warrants of Arrest in Execution of Money Decrees Be Stayed in Favor of First Resort to Hypothecated Assets? Clarification on Executing Court’s Powers under Article 227

The Punjab and Haryana High Court clarified that, where judgment-debtor’s hypothecated assets exist, execution must be first sought against such assets before issuing conditional warrants of arrest; such warrants can be held in abeyance if the judgment-debtor furnishes full and unconditional cooperation. This decision reaffirms and elucidates existing precedent, offering clear practical guidance to executing […]