Can a Writ Petition Under Article 226 Be Withdrawn with Liberty to File a Better Petition?

Affirming Existing Procedural Practice by the Orissa High Court to Dispose Writ Petitions as Withdrawn While Preserving Litigants’ Right to Re-file   Summary Category Data Case Name WP(C)/22562/2025 of GYANENDRA PATRO Vs THE COLLECTOR AND DISTRICT MAGISTRATE NABARANGPUR CNR ODHC010566512025 Date of Registration 12-08-2025 Decision Date 18-08-2025 Disposal Nature Disposed Off Judgment Author Mr. Justice […]

Is a Writ Petition Maintainable Against an Eviction Notice When a Statutory Appeal Exists Under Section 12(1) of the O.P.L.E. Act?

Orissa High Court Reaffirms the Need to Exhaust the Statutory Appeal Remedy, Directs Expedited Disposal and Interim Stay   Summary Category Data Case Name WP(C)/22647/2022 of RAMESH CHHATOI Vs STATE OF ODISHA CNR ODHC010580832022 Date of Registration 02-09-2022 Decision Date 18-08-2025 Disposal Nature Disposed Off Judgment Author DR. JUSTICE SANJEEB K. PANIGRAHI Court Orissa High […]

Can a Writ Petition Be Maintained by a Non-Aggrieved Person Challenging a Decision Affecting Another?

High Court Reaffirms Locus Standi in Writ Jurisdiction Holding that only the aggrieved party can seek writ relief; petition disposed as withdrawn with liberty to the appropriate person. Upheld existing precedent—binding on subordinate courts in Orissa.   Summary Category Data Case Name WP(C)/33445/2021 of AKASH SHRIVASTAVA Vs MCL, SAMBALPUR CNR ODHC010722862021 Date of Registration 28-10-2021 […]

Can an applicant withdraw a criminal miscellaneous petition for quashing an FIR without the High Court examining its merits?

Affirming procedural allowance for withdrawal at any stage; petition disposed as withdrawn with no merit assessment by a single-judge bench of the Gujarat High Court.   Summary Category Data Case Name CR.MA/8309/2025 of M/s. SCHMECKEN AGRO FOOD PRODUCTS Vs State of Gujarat CNR GJHC240260062025 Decision Date 18-08-2025 Disposal Nature Petition disposed as withdrawn Judgment Author […]

Can dismissed criminal miscellaneous applications be restored on conditions of compliance with office objections?

High Court of Gujarat affirms its inherent power to restore procedurally dismissed criminal applications, subject to time-bound removal of office objections, creating a binding template for future restoration petitions.   Summary Category Data Case Name CR.MA/14173/2024 of PRAFULBHAI GOHIL S/O TALAKSHIBHAI GOHIL Vs STATE OF GUJARAT CNR GJHC240173212024 Decision Date 18-08-2025 Disposal Nature Allowed Judgment […]

Can an unexplained 506-day delay in filing a criminal application be condoned on the basis of an additional affidavit?

High Court of Gujarat upholds its inherent jurisdiction to condone lengthy delays upon acceptable explanation, providing binding guidance for condonation applications   Summary Category Data CNR GJHC240389992025 Date of Registration 21-06-2025 Decision Date 18-08-2025 Disposal Nature 53-ALLOWED / GRANTED @ ADM.STAGE Judgment Author Honourable Ms. Justice S.V. Pinto Court High Court of Gujarat at Ahmedabad […]

Can a High Court grant leave to appeal against a dismissal for non-prosecution under Section 256(3) CrPC when the complainant’s absence was excused and evidence was prima facie misappreciated?

Affirming the discretionary power to grant leave to appeal in Section 138 NI Act cases where technical non-appearance and misappreciation of documents by the trial court defeat substantive justice—persuasive authority for High Courts on leave-granting jurisdiction.   Summary Category Data Case Name CR.MA/7500/2025 of M/S. NILKANTH CONCAST PRIVATE LIMITE THRO POA JAGDISHCHANDRA PRABHUDAN GADHVI Vs […]

Can a plaintiff in a commercial suit under the Trade Marks Act withdraw the suit and secure a dismissal without costs?

Madras High Court affirms the procedural right to withdraw a commercial suit pre-adjudication, dismisses the action as withdrawn and closes connected applications—serving as practical guidance on suit withdrawal in IP litigation.   Summary Category Data Case Name C.S(COMM DIV)/186/2025 of Lacoste SA and another Vs KANDHAN TRADERS and 3 others CNR HCMA011616272025 Decision Date 18-08-2025 […]

Is Prior Notice Under Section 35(3) of the BNSS Act, 2023 Mandatory Before Arrest for Offences Punishable Up to Seven Years?

Affirming Arnesh Kumar Guidelines in the Context of the BNSS Act, 2023: High Court Directs Compliance with Section 35(3) (41A CrPC) Before Arrest; Binding Authority for Uttarakhand Courts   Summary Category Data Case Name WPCRL/882/2025 of VINOD LAKHIRAM KANSWAL Vs STATE OF UTTARAKHAND CNR UKHC010125872025 Decision Date 18-08-2025 Disposal Nature DISPOSED Judgment Author Hon’ble Mr. […]

Does Section 143(3) of the Negotiable Instruments Act, 1881 impose a mandatory six-month timeline for trials under Section 138 and empower the High Court to direct subordinate courts to comply?

The Uttarakhand High Court affirms the statutory obligation of expeditious summary trials under Section 143(3), NI Act, and uses its supervisory jurisdiction under Section 482 CrPC to direct conclusion within six months—binding on all subordinate courts in negotiable-instrument prosecutions.   Summary Category Data Case Name C528/1414/2025 of GUNJAN SINGH ALIAS GUNJAN SAINI Vs BHAGWAN SINGH […]

Does failure to confront the accused with material circumstances under Section 313 CrPC vitiate the trial?

High Court reaffirms that omission to put specific incriminating evidence under Section 313 CrPC is a serious irregularity warranting quashing of conviction—binding on trial courts and persuasive for appellate review   Summary Category Data Case Name Cr.A(DB)/181/2011 of BISESHWAR MANDAL ALIAS VISHESHWAR MANDAL Vs STATE OF JHARKHAND CNR JHHC010248942011 Date of Registration 25-02-2011 Decision Date […]

Can Civil Revision Petitions Be Dismissed for Non-Prosecution When Petitioners Fail to Appear?

Madras High Court Affirms Established Article 227 Procedure for Dismissal in Absence of Petitioners   Summary Category Data Case Name CRP (MD) Nos. 2421 & 2422 of 2022 of A.S. Mothhilal Vs K. Rajangam CNR HCMD010752442020 Decision Date 03-01-2023 Disposal Nature Dismissed for non-prosecution Judgment Author B. Pugalendhi, J. Court Madras High Court Bench Single […]