Does Dismissal of a Criminal Revision Petition by the High Court Confirm Finality of the Lower Court’s Judgment?

Clarification of the effect of a High Court order dismissing a Criminal Revision Petition as binding precedent for subordinate courts in Rajasthan.   Summary Category Data Case Name CRLR/1618/2023 of KULDEEP @ PAPPU S/O SHRI HARPHOOL SINGH Vs STATE OF RAJASTHAN CNR RJHC020892402023 Date of Registration 19-10-2023 Decision Date 01-09-2025 Disposal Nature DISMISSED Judgment Author […]

Can Regular Bail Be Granted in Murder Cases Based on Hostile Witnesses and Parity with Co-accused? — High Court Reaffirms Stringent Approach in Serious Offences

The High Court holds that where allegations are serious and circumstantial evidence against the accused remains to be completed, regular bail need not be granted even if multiple witnesses have turned hostile and a co-accused has obtained bail. The decision upholds precedent for strict bail standards in grave offences, providing binding authority for bail jurisprudence […]

Does a High Court Writ Petition for Compensation Become Infructuous When the State Authorities Present Proof of Payment Pending Litigation?

Where the State authorities demonstrate, during writ proceedings, that compensation has been paid, the High Court may dispose of the writ as infructuous while clarifying the right to seek further recourse if the payment was not actually effected. This approach affirms prior procedural practice under Indian land acquisition jurisprudence and serves as binding authority for […]

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A civil revision challenging refusal to reject a plaint under Order VII Rule 11 CPC was dismissed as withdrawn after the written statement had been filed; the High Court clarified that liberty remains to raise all available pleas at trial and directed the trial court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

Does Failure to Prosecute an Appeal Lead to Dismissal for Non-Prosecution?

The Calcutta High Court affirms that in the absence of proper representation and lack of prosecution by the appellant, an appeal may be dismissed for non-prosecution, thus upholding the established procedural law. This order clarifies that substantive remedies remain unaffected for the respondent, who may proceed to obtain the claim amount as directed. The decision […]

When Does a Writ Petition Become Infructuous Due to Passage of Time and Subsequent Events?

The Court dismissed the writ petition as infructuous after noting that the petitioner took no steps to prosecute the matter, and that the respondents had already acted on the termination order. This decision reaffirms that courts may dismiss writ petitions as infructuous if subsequent events make the relief sought redundant, upholding existing precedent and serving […]

Does Ex Parte Decree in Copyright Infringement Suit Before Commercial Court Set Binding Judicial Precedent on Grant of Mandatory and Permanent Injunctions?

A Madras High Court Commercial Division’s ex parte decree granting comprehensive injunctions, damages, and accounting in a copyright suit upholds established statutory principles but, rendered without contest, stands as binding precedent within its jurisdiction on procedural approach rather than substantive legal clarifications. The decision reaffirms that where infringement is proved ex parte, courts may grant […]

Can Police Protection Be Sought Through Writ Jurisdiction in Property Disputes Absent Prior Civil Court Orders? — Precedent Reaffirmed by Madras High Court

The Madras High Court reaffirmed that writ petitions seeking police protection in property disputes are maintainable only when petitioners’ rights have been ascertained by a civil court order or decree. This judgment upholds Supreme Court precedent, thereby reinforcing existing legal boundaries on the use of writ jurisdiction in such cases. The judgment serves as binding […]

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 […]