Does Dismissal for Want of Instructions with Liberty to File Fresh Petition Preserve Legal Rights Under Article 226/227?

The High Court reaffirmed that when petitions are dismissed for want of instructions with liberty to file a fresh application, no decision is rendered on the merits, and parties retain the right to seek relief if the cause survives. This aligns with established principles and is binding on all subordinate courts in the jurisdiction, clarifying […]

Can the Rent Controller Provisionally Assess Rent When the Landlord-Tenant Relationship Is Disputed? Reaffirmation of Settled Law & Binding Authority in Rent Control Proceedings

The Punjab and Haryana High Court confirms that provisional rent may be assessed even if the relationship of landlord and tenant is disputed and an issue is framed on that question; the Appellate Authority’s direction to assess provisional rent is held valid. This upholds existing precedent and clarifies the obligations for both landlords and tenants […]

Can Long-Term Ad Hoc Service Override Lack of Formal Qualification in Regularization?

The High Court reiterated that where a public employee has put in over three decades of satisfactory service, absence of a specific formal qualification (here, ITI certificate) cannot, by itself, bar consideration for regularization under relevant policy. The judgment affirms established legal principles and is binding on all subordinate courts within the State of Punjab […]

Does Full Cooperation with Investigation Guarantee Confirmation of Interim Anticipatory Bail Under Sections 420 and 406 IPC?

The Punjab & Haryana High Court upholds that when an accused, granted interim anticipatory bail, has fully joined and cooperated with the investigation and is no longer required by the police, the interim order should be made absolute, subject to compliance with statutory conditions. This order reaffirms existing practice and serves as binding authority for […]

Can a Trial Court Strike Off Defence for Non-Filing of Written Statement Without Granting Effective Adjournments?

High Court upholds requirement of one last effective opportunity for filing defence, reaffirming principle of merits over technicalities in civil proceedings in Punjab & Haryana; binding authority for subordinate courts   Summary Category Data Case Name CR-5956-2025 (O&M) of Kundan Singh & Ors. vs. Inderjit Singh @ Indy Singh Sohi & Ors. CNR PHHC011237152025 Date […]

Can a trial court permit withdrawal of a civil suit under Order XXIII Rule 1(3) CPC without recording its satisfaction and reasons?

Clarification of procedural requirements under Order XXIII Rule 1(3) CPC in permitting withdrawal of suit; upholds existing precedent and provides binding authority for subordinate courts in Punjab & Haryana   Summary Category Data Case Name CR No. 5186 of 2023 of SUKHWINDER KAUR Vs JAGJIT SINGH @ JAGDISH SINGH AND ANOTHER CNR PHHC011138422023 Decision Date […]

Can a co-owner without exclusive possession seek a permanent injunction in absence of partition?

Affirming appellate judgment, the High Court holds that joint ownership and lack of partition preclude an injunction suit by one co-owner, upholding established principle in property disputes.   Summary Category Data Case Name RSA/44/2019 of GURVAIL SINGH Vs JAGPREET SINGH AND ANR CNR PHHC011473192018 Decision Date 01-09-2025 Disposal Nature DISMISSED Judgment Author MRS. JUSTICE ALKA […]

Can a plaintiff maintain an ad interim injunction after transferring title to the suit property?

High Court reaffirms the three-fold test for interim injunction and holds that transfer of entire interest extinguishes prima facie case   Summary Category Data Case Name CO/1574/2023 of RADHA NATH NANDY Vs STATE OF WEST BENGAL AND ORS. CNR WBCHCA0238532023 Date of Registration 12-05-2023 Decision Date 01-09-2025 Disposal Nature DISPOSED Judgment Author HON’BLE JUSTICE HIRANMAY […]

Does unauthorized kachcha construction on rented open land bar eviction under Section 13(1)(I) of the Bombay Rent Act?

The High Court of Gujarat affirms that “open land” status is determined by historic rent-note classification and separate parcel descriptions, upholding first-appellate findings as binding authority on eviction claims under Sections 13(1)(I) & 13(1)(g).   Summary Category Data Case Name CRA/1408/1999 of GANGARAM SANKALCHAND PRAJAPATIDECD. THRO’ HEIRS Vs FIDAHUSEIN MAHMEDALI BALDIWALA CNR GJHC240353901999 Decision Date […]

Does a preventive detention order fail if the detenu is not informed of his right to representation before the detaining authority and the grounds merely mirror the police dossier?

  Summary Category Data Case Name HCP/62/2025 of SHAMAS DIN TH KAKU DIN Vs UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT JAMMU AND OTHERS CNR JKHC020023042025 Date of Registration 03-05-2025 Decision Date 01-09-2025 Disposal Nature Disposed Off Judgment Author Hon’ble Mr. Justice M A Chowdhary Court High Court of Jammu […]

Can a Civil Appeal Under Section 100 CPC Be Dismissed for Non-Prosecution When the Appellant Fails to Appear?

High Court reaffirms its inherent power under Section 100 of the Civil Procedure Code to dismiss appeals for non-prosecution; binds litigants on the need for active prosecution   Summary Category Data Case Name RSA/892/2016 of GRAMA PANCHAYATH LAKKAVALLI Vs SRI K T GOVINDASWAMY CNR KAHC010543672016 Date of Registration 30-05-2016 Decision Date 13-10-2023 Disposal Nature DISMISSED […]

Can an insurer allege fundamental breach for use of an invalid driving licence without pleading the owner’s knowledge of its invalidity?

High Court reaffirms that insurers must plead and prove the insured’s awareness of licence invalidity before alleging breach—binding on all subordinate courts   Summary Category Data Case Name CMPMO/1/2021 of RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs KAMLA DEVI AND OTHERS CNR HPHC010435422020 Decision Date 01-09-2025 Disposal Nature Dismissed Judgment Author Justice Bipin Chander Negi Court […]