Can a third-party purchaser be impleaded in probate proceedings under Order 1 Rule 10 CPC?

Yes – the Orissa High Court affirmed that a purchaser named in a registered sale deed holds sufficient interest to be added as a necessary party in probate-converted suits, upholding Supreme Court precedents on probate jurisdiction and procedural notice. This decision binds subordinate civil courts in Odisha and is persuasive for other jurisdictions addressing party-impleadment […]

Can a Subsequent Purchaser Be Served a Removal Notice under Section 26 of the Control of National Highways Act, 2002 for Land Acquired under Section 4(1a) of the West Bengal Land (Requisition & Acquisition) Act, 1948?

Does the Calcutta High Court reaffirm that a purchaser after a Section 4 notification acquires no title, and that acquired land—once vested—cannot be divested even if unutilized, thereby justifying notices under Section 26 for unauthorized occupation?   Summary Category Data Case Name WPA/6329/2019 of GANGABEN PATEL Vs UNION OF INDIA & ORS CNR WBCHCA0149382019 Date […]

Can a Subsequent Purchaser Who Pays Part Consideration After Notice Claim Exemption Under Section 19(b) of the Specific Relief Act?

Clarifying that deferred payments after notice of a prior agreement defeat good faith under Section 19(b) and that uncontroverted readiness and willingness suffices under Section 16(c); upholds the trial decree and reverses the first appellate decision, binding on Jharkhand’s subordinate courts and persuasive elsewhere.   Summary Category Data Case Name SA/78/1999 of SOBHAGMALL JAIN Vs […]

Does a Section 18 termination order attain finality without a specific appeal and mandate immediate correction of land-records?

Clarifying that an appeal against a prior produce-share direction does not suspend record correction for a bargadar’s termination, the Calcutta High Court upholds finality of termination orders under the West Bengal Land Reforms Act, 1955—binding authority for land-records authorities and tribunals.   Summary Category Data Case Name WPLRT/108/2025 of SUKUMAR PATHAK Vs STATE OF WEST […]

Can a Second Appeal Be Dismissed in Default for Failure to File Power of Attorney and to Appear?

The High Court affirmed that non-appearance coupled with failure to file a required power of attorney warrants dismissal in default, upholding established practice in civil appeals before the Punjab & Haryana High Court.   Summary Category Data Case Name RSA/139/1992 of KANWALKANT & ANRS. Vs BHAGWAN KAUR & ORS. CNR PHHC010265781992 Decision Date 09-02-2023 Disposal […]

Can Pendency of Criminal Proceedings Prevent Payment of Retiral Benefits to Government Servants?

The High Court of Jharkhand reaffirms that pension, gratuity, leave encashment and other retiral dues are vested rights and cannot be withheld merely because criminal cases are pending; this judgment upholds Supreme Court and Full Bench precedents and is binding on all subordinate courts in Jharkhand while serving as persuasive authority elsewhere.   Summary Category […]

Can a Civil Writ Petition Be Dismissed as Infructuous Once the Petitioner Receives the Ordered Costs and Withdraws Prosecution?

High Court Reaffirms That Satisfaction of Relief and Express Withdrawal Renders a Writ Petition Infructuous, Binding on Subordinate Courts of Rajasthan   Summary Category Data Case Name CW/16229/2017 of SMT ANJU BALA SHARMA Vs STATE OF RAJ AND ORS CNR RJHC020581412017 Date of Registration 16-09-2017 Decision Date 25-08-2025 Disposal Nature DISMISSED Judgment Author Mahendar Kumar […]

Can a Subsequent Purchaser Invoke Section 19(b) of the Specific Relief Act After Making Part-Payments Post-Notice and Despite Constructive Notice of a Prior Agreement?

The Jharkhand High Court holds that relief under Section 19(b) is unavailable if part consideration is paid after notice of a prior sale agreement or when constructive notice of that agreement exists. This decision overrules the first appellate bench, reaffirms trial-court findings, and establishes a binding Jharkhand precedent on bona fide transferee status in specific-performance […]

Can a writ petition under Article 226 be dismissed for non-prosecution due to petitioner’s absence at hearing?

Madras High Court upholds procedural requirement for appearance before disposal; serves as binding authority on dismissal for non-prosecution in writ proceedings   Summary Category Data Case Name WP/26900/2009 of TMT.M.ELIZBETH, Vs THE SECRETARY TO GOVERNMENT, CNR HCMA010177192009 Date of Registration 21-12-2009 Decision Date 25-08-2025 Disposal Nature DISMISSED FOR NON-PROSECUTION Judgment Author HONOURABLE MR. JUSTICE MUMMINENI […]

Can Bail Under BNSS Section 483 Be Granted for Arms Act Offences Despite an Absconding Co-accused?

Madras High Court reaffirms the P.K. Shaji framework, granting interim bail with conditions under BNSS 2023 for a Section 25(1)(a) Arms Act offence, offering persuasive guidance for future criminal bail petitions.   Summary Category Data Case Name Crl.O.P.No.23544 of 2025 of Rajkumar Vs The State by Inspector of Police CNR HCMA011870482025 Decision Date 25-08-2025 Disposal […]

Can District Magistrates under Section 16(1) of the Indian Telegraph Act Grant Permission to Lay Transmission Lines Without Affording Landowners a Hearing?

Court Clarifies That Section 16(1) Does Not Preclude a Hearing and Reaffirms Limited Scope of Writ Review in Technical Alignment Disputes   Summary Category Data Case Name WPMS/1887/2025 of INDIAN CITY PROPERTIES LIMITED Vs THE DISTRICT MAGISTRATE CNR UKHC010095252025 Date of Registration 24-06-2025 Decision Date 25-08-2025 Disposal Nature DISPOSED Judgment Author HON’BLE MR. JUSTICE MANOJ […]

Does the High Court’s Grant of Anticipatory Bail under the BNS 2023 Reaffirm the Primacy of Personal Liberty Subject to Reasonable Conditions?

The Uttarakhand High Court answers in the affirmative, upholding established anticipatory‐bail precedents under Article 21 for offences under the Bharatiya Nyaya Sanhita, 2023, and confirms its binding value on subordinate courts while remaining persuasive elsewhere.   Summary Category Data Case Name ABA/1094/2024 of SANDEEP SINGH Vs STATE OF UTTARAKHAND CNR UKHC010174232024 Date of Registration 05-11-2024 […]