The Calcutta High Court reiterated that a writ petition regarding a tender process, if rendered infructuous by the passage of time, should be dismissed. This case upholds existing procedural practice and serves as binding authority for similar future disputes involving public tenders. Summary Category Data Case Name WPA/3156/2020 of M/S S.B. ENGINEERING REP. BY […]
A dismissal of a writ petition for default—where no one appears for the petitioner—does not decide any substantive legal question, nor does it create new law or alter existing judicial precedent; such orders have no precedential value for future cases. Summary Category Data Case Name WPA/23404/2019 of MD. ZINNAH ALI Vs STATE OF WEST […]
The Orissa High Court reaffirmed that when a transferred employee undertakes to complete an assignment within an agreed period, the relieving authority must relieve the employee immediately upon completion. This disposition upholds existing administrative law and is binding precedent for service matters involving similar fact patterns across all subordinate courts in Odisha. Summary Category […]
The Himachal Pradesh High Court reaffirms that judicial benefits accorded to Class-IV employees by the Supreme Court in Balo Devi and Sunder Singh also apply to Class-III employees, upholding its prior Division Bench ruling. This decision clarifies precedent and serves as binding authority within the State. Summary Category Data Case Name CWP/13917/2025 of KRISHAN […]
The court reaffirms that for Class-IV employees regularised after 10.05.2001, but retired before 21.02.2018 at age 58, their retirement is deemed at 60 years only for notional pension calculation—not for actual salary or other benefits for the intervening period. The judgment relies on and upholds Baldev Singh v. State of Himachal Pradesh, and is binding […]
The High Court of Rajasthan has reaffirmed that a civil writ petition may be dismissed for non-prosecution when the petitioner or their counsel fails to appear or instruct, with such an order constituting binding authority on procedural defaults unless otherwise provided. This judgment upholds established judicial discipline regarding litigant and counsel responsibility and sets precedent […]
The Orissa High Court holds that writ petitions under Article 226/227 challenging Waqf Tribunal orders are maintainable; the nomenclature of a petition (writ or revision) is immaterial as per Supreme Court’s decision in Kiran Devi. The judgment upholds existing precedent, aligning with the procedure set out in the Waqf Act and clarifies registration and roster […]
The Calcutta High Court clarifies that, in arbitral proceedings, a counter-claim may not generally be introduced by amending the Statement of Defence after issues are framed—mirroring the procedural position under Order 8 Rule 6A of the CPC. This judgment upholds existing Supreme Court precedent, harmonises procedural timelines under the Arbitration and Conciliation Act, 1996, and […]
The Punjab and Haryana High Court clarified that where significant time has elapsed since an earlier property valuation order in a partition/execution matter, and all co-sharers consent to a higher current market value, the court can modify the earlier order to reflect the updated valuation. This judgment upholds consensual determination of asset value and provides […]
The Court held that continued incarceration pending a lengthy trial constitutes a violation of the right to speedy trial under Article 21 of the Constitution, regardless of the seriousness of the alleged offence. Affirming Supreme Court precedent, the decision confirms that bail can be granted in such circumstances. This ruling reinforces existing judicial standards and […]
The court clarified that when commercial quantity of narcotic drugs is recovered, it is appropriate not to consider regular bail under Section 439 CrPC until some important prosecution witnesses have been examined. This judgment affirms established principles and serves as binding precedent for subordinate courts dealing with bail applications in NDPS cases involving commercial quantities. […]
Punjab & Haryana High Court upholds the primacy of custodial interrogation when authorities need to uncover and identify impersonators supplying fake sureties for bail. The judgment affirms existing precedent that anticipatory bail may be declined in such circumstances, serving as binding authority for subordinate courts dealing with similar fact situations under the Bharatiya Nagarik Suraksha […]