The Madras High Court reaffirmed that when a petitioner dies and steps are not taken to substitute legal heirs despite adjournments, the writ petition stands dismissed as abated. This preserves procedural discipline and is binding precedent for subordinate courts dealing with abatement in writ proceedings in Tamil Nadu and Puducherry. Summary Category Data CNR […]
Calcutta High Court holds that prior transfer of title by plaintiff defeats claim for interim injunction, even if violation of injunction is alleged; affirms that established legal tests—prima facie case, balance of convenience, and irreparable injury—remain mandatory. Existing precedents on nullity of transfers in violation distinguished on facts. The decision is binding authority for West […]
The Calcutta High Court reiterated that writ jurisdiction under Article 226 should not be exercised to challenge proceedings initiated under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, where an efficacious alternative remedy is available. This judgment consolidates the established legal position and is binding authority […]
The Uttarakhand High Court confirms that criminal proceedings under Sections 279 and 338 IPC can be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when parties settle privately and the victim supports quashing. The judgment upholds existing precedent and provides binding authority for subordinate courts within Uttarakhand in motor vehicle mishap and […]
The Gujarat High Court has reaffirmed that for the purpose of Section 13(1)(I) of the Bombay Rent Act, land originally leased as “open land” does not lose that character merely due to subsequent unauthorized construction by the tenant. The judgment upholds existing precedent, clarifies criteria for ejectment, and restricts revisional interference to questions of law. […]
The High Court of Jammu and Kashmir ruled that a preventive detention order is vitiated if the detenu is not specifically informed of their right to make representation to the detaining authority, and not just to the Government. This judgment affirms and applies Supreme Court precedent, stressing strict adherence to constitutional safeguards under Article 22(5), […]
The Himachal Pradesh High Court has reaffirmed that statutory interest on delayed payment of retiral benefits must be paid, even if the employer subsequently releases the principal amount and admits liability for interest. This judgment upholds existing precedent and will serve as binding authority for similar disputes involving pension and retirement dues across public sector […]
High Court clarifies, with binding effect, that each eligible dependent—spouse and children—must be awarded separate compensation for loss of consortium as per the Supreme Court’s ruling, overriding prior practice of a consolidated or lower amount. Affirms S.C. law, adjusts local compensation norms, and is binding on MACTs and subordinate courts in Punjab, Haryana, and Chandigarh. […]
Reiterates that High Courts must refrain from exercising jurisdiction under Article 226 in SARFAESI matters where an alternative remedy before DRT/DRAT exists; upholds previous Supreme Court precedent and is binding authority for all SARFAESI litigation before subordinate courts within the High Court’s territorial jurisdiction. Summary Category Data Case Name CWP/25852/2025 of JATINDER KAUR Vs […]
The Punjab and Haryana High Court reaffirmed that when a matter is squarely covered by a prior decision of a Co-ordinate Bench, subsequent writ petitions raising identical issues may be disposed of in parity, without restating detailed reasoning. This approach upholds judicial consistency and is binding as precedent for similar procedural scenarios. Summary Category […]
The High Court confirms that a contempt petition may be dismissed as infructuous when so stated by the petitioner, without entering into merits—upholding existing precedent and clarifying procedural utility for future cases within the contempt jurisdiction; binding within the Punjab and Haryana High Court’s territorial jurisdiction. Summary Category Data Case Name COCP/2014/2025 of AJAY […]
The High Court reaffirmed that a co-sharer cannot sustain a suit for permanent injunction over joint property without evidence of exclusive possession and partition; this ruling upholds settled law, provides binding authority within Punjab & Haryana, and clarifies procedural requirements for future property disputes among co-sharers. Summary Category Data Case Name RSA/44/2019 of GURVAIL […]