Does an absence of consensus ad idem on the identity of property defeat a suit for specific performance?

Upholding the requirement of clear agreement and agent authority in real estate contracts The Madras High Court affirmed existing Supreme Court precedent by holding that specific performance cannot be granted where parties never reached a concluded contract, especially concerning the precise property schedule and without proof of an agent’s authority. This decision is binding on […]

Can immovable property mortgaged for unrepaid loans and subsequent share transfers constitute “proceeds of crime” under PMLA, justifying continued ED investigation?

The Calcutta High Court affirms that property used to secure fraudulent credit facilities and later subjected to cash‐based share transfers violating tax laws remains “proceeds of crime,” upholding the Enforcement Directorate’s jurisdiction. This decision reaffirms existing PMLA principles governing corporate façade transactions and serves as binding authority in ED investigations.   Summary Category Data Case […]

Does the NKDA Act’s Non-Obstante Clause Override Statutory Owner Consent Requirements Under the West Bengal Apartment Ownership and Promoters Acts?

The Calcutta High Court holds (29-08-2025) that Section 184 of the NKDA Act 2007 does not bar application of the West Bengal Apartment Ownership Act 1972 or the West Bengal Promoters Act 1993; revised sanction plans require proof of exclusive construction rights, including written consent of existing flat owners, and absence of such consent renders […]

Does a Prior Appellate Ruling on Jurisdiction Alone Bar a Subsequent Civil Suit Under Section 11 CPC?

Madras High Court holds that a decision deflecting merits for lack of jurisdiction is not res judicata, reaffirms Section 11 CPC principles in property eviction and adverse-possession disputes; binding on subordinate courts, persuasive across jurisdictions.   Summary Category Data Case Name SA/1254/2009 of GORIYAMBI Vs BOYOT VIRAPPIN(DIED) CNR HCMA010103292009 Date of Registration 01-12-2009 Decision Date […]

Can Article 226 Writ Jurisdiction Be Invoked in a Private Matrimonial Dispute Pending Before Civil Court?

Affirms Non-Maintainability of Writ Petitions in Private Matrimonial Matters, Reaffirming That Civil Remedies Preclude High Court Intervention   Summary Category Data Case Name WPA/17390/2025 of BISWAJIT SEN DFR /CLK (SD) Vs UNION OF INDIA AND ORS. CNR WBCHCA0355082025 Date of Registration 30-07-2025 Decision Date 27-08-2025 Disposal Nature DISMISSED Judgment Author Hon’ble Justice Aniruddha Roy Court […]

Does failure to demonstrate relevance in requisition of documents and witnesses vitiate a departmental enquiry and justify reduction of dismissal penalty under doctrine of proportionality?

Calcutta High Court upholds natural-justice requirements under Canara Bank Service Regulations, confirms appellate authority’s independent review duty, and narrows scope of dismissal for technical misconduct; binding authority for service law disputes   Summary Category Data Case Name FMA/1112/2024 of TAPAN KR MALLICK Vs CANARA BANK AND ORS CNR WBCHCA0404032024 Decision Date 27-08-2025 Disposal Nature PARTLY […]

Can High Courts Mandate Administrative Authorities to Expedite and Reason Out Decisions on Representations?

Court affirms its writ jurisdiction under Article 226, prescribing strict timelines for consideration of pending representations with binding effect on subordinate authorities in administrative law matters.   Summary Category Data Case Name WPA/17807/2025 of ALOKE KUMAR BHATTACHARYA Vs UNION OF INDIA AND ORS. CNR WBCHCA0359862025 Decision Date 27-08-2025 Disposal Nature DISPOSED Judgment Author HON’BLE JUSTICE […]

Does the Relevant Policy Bar Repeated Compassionate Appointments Under Service Regulations?

The Calcutta High Court affirms that compassionate appointment is a policy-based concession, not a right, and cannot be granted across multiple generations—binding on subordinate courts and persuasive for other High Courts.   Summary Category Data Case Name WPA/17305/2025 of NADIRAH KAMAL Vs THE STATE OF WEST BENGAL AND ORS. CNR WBCHCA0351922025 Decision Date 27-08-2025 Disposal […]

Can a Ministerial Directive Lawfully Withhold a Contractor’s Security Deposit After Expiry of the Defect Liability Period?

The High Court of Uttarakhand holds ministerial orders cannot override statutory defect liability timelines for municipal contracts, affirming local authority autonomy and offering persuasive guidance for future administrative disputes.   Summary Category Data CNR UKHC010007372025 Decision Date 27-08-2025 Disposal Nature DISPOSED Judgment Author Hon’ble Mr. Justice Manoj Kumar Tiwari Court High Court of Uttarakhand Bench […]

Can an Attempted Land Demarcation Satisfy a Mandamus in Writ Jurisdiction?

High Court of Meghalaya upholds existing principle that once a demarcation direction is complied with factually—even if unsuccessful—the writ petition stands answered, providing persuasive authority for land dispute mandamus petitions.   Summary Category Data Case Name WP(C)/87/2025 of ZILUR RAHMAN Vs GARO HILLS AUTONOMOUS DISTRICT COUNCIL AND 6 ORS. CNR MLHC010002792025 Decision Date 27-08-2025 Disposal […]

Can voluntary restitution of misappropriated government funds exonerate an accused under Section 409 IPC?

  Summary Category Data Case Name CRA/523/2015 of BHARAT CHANDRA METE Vs STATE OF WEST BENGAL CNR WBCHCA0416512015 Date of Registration 12-08-2015 Decision Date 27-08-2025 Disposal Nature PARTLY ALLOWED Judgment Author Hon’ble Justice Prasenjit Biswas Court Calcutta High Court Bench Single Judge bench Precedent Value Binding in jurisdiction; reaffirms settled criminal jurisprudence Overrules / Affirms […]

Can a writ direct immediate payment of principal Provident Fund dues with statutory interest upon retirement?

High Court upholds Division Bench precedent, affirming statutory right to PF dues and mandating PF Commissioner to pay principal and interest (12% p.a., rising to 15% on default)   Summary Category Data Case Name WPA/17762/2025 of SAMIR SARKAR AND ORS. Vs NATIONAL JUTE MANUFACTURES CORPORATION LIMITED AND ORS. CNR WBCHCA0361802025 Date of Registration 02-08-2025 Decision […]