The court reaffirmed that filing a criminal petition under available statutory provisions does not entitle the petitioner to relief as of right; judicial discretion prevails and such petitions may be dismissed summarily. This order upholds settled precedent and serves as binding authority within the jurisdiction of the Andhra Pradesh High Court. Summary Category Data […]
Chhattisgarh High Court clarifies that, even where a contract is silent on interest for delayed payments, arbitrators can award interest under Section 31(7) of the Arbitration and Conciliation Act, 1996, unless there is an express bar. The judgment aligns with recent Supreme Court authority and partially overturns contrary lower court and arbitral findings. Binding precedent […]
The court categorically held that eligibility for participation in recruitment must be determined as of the last date for submitting applications, unless recruitment rules expressly state otherwise; the judgment affirms binding Supreme Court precedent and confirms continued application of the principle for all service and employment matters. Summary Category Data Case Name WA/267/2025 of […]
Where the High Court has already upheld the validity of a recruitment selection procedure in a prior writ appeal involving identical factual and legal issues, subsequent challenges raising the same contentions must be dismissed unless distinguishing grounds are demonstrated. The Division Bench reaffirms the binding nature of its prior decision, underlining the principle of judicial […]
The High Court of Chhattisgarh clarified that the income of a deceased mason in a motor accident claim must be determined based on the prevailing minimum wage notification, not on notional or lower earnings, thereby enhancing the compensation awarded. This judgment, applying and affirming binding Supreme Court precedent, is authoritative for compensation calculations in motor […]
The Chhattisgarh High Court held that withholding retiral dues by adjusting “standard penal rent” for continued occupation is unreasonable; only the simple applicable rent may be recovered before releasing dues. This judgment partially overrules the Tribunal’s earlier order and sets binding precedent for similar industrial and employment disputes. Summary Category Data Case Name WPL/19/2022 […]
The Court held that when the driver of the offending ‘Transport Vehicle’ did not possess a valid and effective driving licence on the date of the accident, and there was no application for timely renewal, the insurer is fully exonerated from liability and the owner alone is liable to satisfy the compensation award. Existing Supreme […]
The Chhattisgarh High Court reaffirms the principle that in cases involving disputed questions of fact—such as fraudulently procured loans and alleged cyber crime—writ petitions may be dismissed at the threshold if no prima facie ground for interference is evident, with liberty to pursue alternate remedies before competent forums. The decision upholds existing precedent on the […]
The Chhattisgarh High Court affirms that in motor accident claims, dismissal of an application solely for non-impleadment of necessary parties like the owner and driver is unwarranted without first granting the claimants an opportunity to implead them; previous summary dismissals without such opportunity are unsustainable in law. This ruling provides binding clarification for subordinate courts […]
The Chhattisgarh High Court has reaffirmed that any adverse order involving reduction of pay and recovery of excess payment from a government employee must be preceded by an opportunity of hearing, in line with the principles of natural justice. This judgment upholds established precedent and provides binding authority within the State service law context, clarifying […]
When the respondent authorities state on record that the petitioner is in peaceful possession and no steps are being taken to dispossess, the High Court will not grant further relief under Article 226. This approach affirms prevailing precedent regarding the availability and scope of writ jurisdiction in absence of an immediate threat. The decision has […]
Allahabad High Court clarifies that in private disputes, even proceedings involving Section 307 IPC may be quashed on the basis of compromise if no serious or dangerous injury is found and compromise has been duly verified. The decision affirms and applies existing precedent, emphasizing discretionary use of inherent powers under Section 528 BNSS, and provides […]